Sometimes one hears about trial by media, media going too far and media being judge, jury and executioner. One has not heard about acquittal by media. Sometimes people in media pronounce someone not guilty when the court has announced him or her guilty. Some years back a British girl in USA was found guilty by…
Tag: Supreme Court
The story could have been killed
When Manu Joseph was asked on Last Word why he did not talk to journalists to get their side of the story regarding Nira Radia tapes the answer was the story could have been killed. The tapes were in circulation for a long time. Headlines Today had telecast some excerpts that had conversations of Kanimozhi…
Judgment delayed is justice denied
Justice delayed is justice denied. Judgment delayed is justice delayed. Therefore, judgment delayed is justice denied.
Judgment on Babri Mosque land was due on 24/9/2010. Uttar Pradesh government had made arrangements for maintaining law and order. Leaves of police personnel were cancelled. I&B Minister Ambika Soni and PM Manmohan Singh had appealed for calm. There were advertisements in newspapers appealing to maintain calm. Suddenly someone filed a petition that judgment be deferred to bring reconciliation. On 17/9/2010 the petition was dismissed and petitioner was fined Rs.50,000/-. TV channels first reported that the fine was Rs.10,00,000/-. How the figure came down from Rs.10,00,000/- to Rs.50,000/- is not known.
Read complete article here: http://go4quiz.com/vincent/2010/india/judgment-delayed-is-justice-denied
Corrupt Chief Justices of India
Shanti Bhushan, for law minister of India, has said eight of the 16 former Chief Justices of India were corrupt, six were honest and about two he is not sure. It means 50% of CJIs were corrupt. It means 50% of Supreme Court judges and High Court judges are corrupt. When S. P. Bharucha was CJI he had said 20% of the judiciary is corrupt. By Shanti Bhushan’s reckoning 50% of the judiciary is corrupt. It means 50% of judgments were wrong.
Shanti Bhushan must make public the names of CJIs who were corrupt. He must also reveal whatever he knows about their misdeeds. That will be a great service to the nation and help in cleaning the augean stables of corruption.
Some years ago chairman of Punjab Public Service Commission was under investigation for corruption. He, as per reports, took 75 lakh rupees each for appointment as DSP or judge. If someone pays 75 lakh rupees to become a judge what fairness can be expected of that judge?
Judges have used contempt of court provision to silence people from mentioning corruption in judiciary by holding that truth is not a defence in case of contempt of court. There was one magistrate who issued four arrest warrants for Rs.10,000/- each. The four to be arrested included the then President A. P. J. Abdul Kalam and the then CJI Vishwanath N. Khare.
Read complete article here: http://go4quiz.com/vincent/2010/india/corrupt-chief-justices-of-india
Protest against price rise
On 5/7/2010 there was Bharat Bandh. Parties belonging to Left Front, NDA and some others had called for bandh. The bandh was in protest against rise in prices of petrol, diesel, kerosene and LPG. Many leaders courted arrest. Buses were damaged.
The bandh was supposed to be for the common man of India. Bandhs disrupt life and do not benefit common man. There is loss of day’s work. People who had to travel long distance by bus, car, train or plane suffer. Some book tickets months in advance. Many people do not get medical attention and sometimes people die.
Madras High Court and Tamil
There is a demand in Tamil Nadu to make Tamil the language of Madras High Court. According to the constitution of India English is the language of High Courts and Supreme Court. Making Tamil the language of Madras High Court requires constitutional amendment.
If UPA decides to go for constitutional amendment to make Tamil the language of Madras High Court other states will demand their languages be made languages of their High Courts. The amendment will have to apply all High Courts.
Bhopal Gas Leak Verdict
On 7/6/2010 CJM Mohan P. Tiwari delivered judgment in Bhopal gas leak case. All the accused were sentenced to two years imprisonment and were released on bail. Many say justice is not done. The gas leak happened in December 1984. CBI filed the chargesheet in 1987. In 1996 the Supreme Court reduced the culpable homicide…
Appointment of judges
In India appointment of judges is shrouded in secrecy. It is time to make it open.
The names of judges who are to be appointed to the Supreme Court and High Courts should be made public. Committees should be appointed to discuss the appointments. For Supreme Court judges a committee comprising members of Lok Sabha should be appointed. Anyone who has objection to the appointment should mention in to the committee. The candidate should be given an opportunity to defend himself or herself. Similarly for High Court judges a committee comprising members of Legislative Assembly of the state should be appointed and procedure followed. Judges should be appointed after the committee clears appointments.
Supreme Court and CBI
CBI’s record is pathetic. Many times CBI officers are susceptible to fear or favour. It is likely that they will not do a better job than state police and many times may do a worse job. There is no guarantee that if the judiciary orders a CBI probe it will do better or guilty will be caught and punished. Jain hawala case is an example.
Supreme Court, Marriage and Murder
The murders were the outcome of a social issue like a marriage with a person of so-called lower caste. However, a time has come when we have to consider these social issues as relevant while considering the death sentence in the circumstances as these.â€
This judgment is dangerous and should not be allowed to set a precedent. If something is wholly unjustified it should not be considered whether the circumstances are peculiar or otherwise. Intercaste marriage is not a peculiar circumstance, more so in Bombay.
The judgment says Dilip, therefore, must have been a prey. Either he was a prey or he was not. Even if he were a prey that did not give him a right to murder. If other people poke their nose they should be told to shut up. Since the judges were sure about him being a prey this sentence should not have been part of the judgment.
The judgment goes against equality enshrined in the constitution of India when it says “when we have to consider these social issues as relevant while considering the death sentenceâ€. This justifies discrimination on the basis of caste and less punishment for people of “upper castes†for crimes against people of “lower castesâ€.
The Government of India must act. A review petition must be filed against this judgement in the Supreme Court. Prime Minister Manmohan Singh, Home Minister P. Chidambaram and Law Minister Veerappa Moily must begin the process of removal of these judges Justice V. S. Sirupurkar and Justice Deepak Verma.