Tag: India

Judicial reforms

India needs judicial reforms. Cases drag on for years from lower courts to Sessions Courts to High Courts to Supreme Court. Adjournments and stay orders delay justice. Appeals are allowed long after the expiry of the period granted for appeal. Cases decided by arbitration are appealed in High Courts. There are various tribunals whose judgments can be appealed.

Cases of murder, rape, abduction, hijacking and such high crimes must be tried by a court having three judges and the decision should be first and last. There should be no appeal, only mercy petition in case there is punishment. Minor crimes may be tried by one judge. Civil matters may be tried by one judge or three judges depending on the amount involved and there should be no appeal.

Public interest litigation should be done away with. The law does not provide for PIL. It was an invention of a CJI. Mostly PIL is publicity interest litigation or political interest litigation or private interest litigation.

There should be no lawyers. In criminal matters police should produce evidence and witnesses and the accused have to defend themselves. They may question police evidence and witnesses and produce evidence and witnesses in their defence which the police may question.

Punishment to be consecutive and not concurrent. It should be multiplied according to the people who suffer. If two years is the punishment for causing death by accident of one person it should be 30,000 years for causing death by accident of 15,000 persons. If one year is the punishment for leaking a question paper in which one student appears for an examination it should be 1,00,000 years when 1,00,000 students appear for an examination.

There should be no parole or furlough or early release. Many people jump parole or furlough. Sometimes people who give guarantee or stand surety claim they did not do so and their signatures were forged as happened in Bitty Mohanty case. Parole or furlough is not a right. In Maharashtra in one year more than 800 persons disappeared after release on parole or furlough.

Time spent by criminals in hospitals should not be counted as part of the sentence and the period of sentence should be extended accordingly.

London Olympics and boycott

It is unfair on the part of some former Olympians to ask present athletes to boycott London Olympics because of Dow sponsorship. Former Olympians lose nothing. The athletes have practiced for three and half years. As per one estimate 111 crore rupees are spent.

Dow continues to do business in India. There is no demand to stop Dow doing business in India. Lawyers belonging to political parties have represented Dow. IOC has said Dow will remain as sponsor.

China and Pakistan are in illegal occupation of Indian territory. India has sporting ties with both countries. India took part in Olympics and Asian Games in China. Pakistan has sponsored terrorism against India.

It is meaningless to collect signatures for boycott of Olympics and give them to IOA. The government decides on boycott. It is a political decision.

Ajay Maken has written twice to IOA about Dow. How much support he has in the cabinet? He could not get Sports Bill approved by cabinet. IOA decided to participate in Olympics and write a strong letter to IOC to protest Dow sponsorship. IOA derives its power from IOC and has used IOC in its fight against government or sports minister.

Those who feel strongly about Dow should ask for its expulsion from India. No one has asked lawyers who defend Dow to give up their briefs.

Delhi as capital

Some people talk of 100 years of Delhi as India’s capital. Delhi has been India’s capital at different times since 1206 when Delhi Sultanate was established. After that the sultans ruled from different parts of Delhi. Allauddin Khilji built and ruled from Siri. Ghiyasuddin Tughlak built Tughlakabad. Mohammed Bin Tughlak built Jahanpanah. For some time he ruled from Daulatabad. Feroz Shah Tughlak built Ferozabad. In 1526 Babur founded the Mughal Empire. Humayun built Din Panah. Sher Shah Suri razed it and built Sher Shahi. Akbar made Agra the capital of Mughal Empire after ruling from Fatehpur Sikri from some years. Shah Jahan shifted the capital to Delhi. He built Shahjahanabad. After Aurangzeb’s death the Mughal Empire declined.

Calcutta was the capital of the British Empire in India. Simla was India’s summer capital from 1865 to 1939. On 12/12/1911 at Delhi Durbar George V announced the shifting of capital from Calcutta to Delhi. Notification was issued in January 1912 and construction of New Delhi began after that and was completed in 1931. In case of New Delhi it is 80 years as India’s capital.

The British Empire in India once included Mauritius, Singapore, Penang and parts of Ceylon. When Calcutta was the capital of India the British Empire was at its zenith. Aden was separated from India in 1932. Burma was separated from India in 1937. In 1947 Pakistan was separated from India and British rule came to an end in India. The British built New Delhi to rule India for ever. They wanted to rival the Mughals in splendour. They built a large Viceroy’s House which is now Rashtrapati Bhavan. Within 16 years of change of capital it was the end of the empire in India. The Statute of Westminster passed by British Parliament in 1931 made Canada, Australia, New Zealand and South Africa independent countries. Thus 1931 was a turning point in the history of India and British Empire.

We can rightly say Delhi as capital of India since 1206 except for some breaks or for 80 years. Announcement of shifting of capital to Delhi does not make it capital on the same day.