Of late the SC has been unrelenting in matters concerning corruption in high places, be it CVC, CWG, 2G, Khan, police reforms, etc., and is personally supervising and demanding appropriate affirmative action from the executive to bring the errant to book. To witness such assertiveness from the highest judiciary gives a ray of hope to the average citizen, long ravaged by hunger, absence of roof-eduction-medical attention-effective justice-mal/mis administration at the hands of those who are at "service of the nation", the babus, and the well connected. Having said that, one, however, hopes that the H'onble SC will go the whole hog and muster every legal provision available to it to see that the errant fence behaves, and that it gets the message that to eat up the crop would prove to be costly .... certainly several time the acquisition cost. As an example, Mr. Maddof of USA was recently tried and sentenced to imprisonment for 150 years without any chance for payroll. Mr. Maddof only ripped off a few very wealthy, and he was sentenced in jail for life. And he wasnt even the fence. The errant in CWG, 2G, Khan, etc., on the other hand, have stolen from hundreds of millions of the poorest of the poor of the world, many of whose children go to bed hungry at night. Should the errant fence get anything less? This writer is not an advocate. He, however, wishes to share an opinion that should the errant fence be convicted in criminal proceedings that require strict proof of guilt but where the penalties are meager, the H'onble justices should call the errant fence to account for TORTS and impose penal damages that are several times the cost of acquisition. At another level, it would be appropriate if an order that makes it settled law that costs and damages awarded against the rich and powerful, such as the central and state governments, their agents and Public and Private Limited corporates, offer a strong deterrence to wrongdoing. Perhaps, 50,000 for trial courts; 150,000 for HC level; 500,000 for SC, and punitive/restitutionary damages of maybe 5 - 100 times. And, of course, it would be wholesome if the H'onble SC also directed the executive to honour the Law Commission recommendations of many years ago to increase the number of judges many-fold and to provide adequate budget and appropriate infrastructure to the courts to provide speedy and quality justice to the nation. Regards, Victor |
Friday, March 4, 2011
[HumJanenge] Recent proceedings in SC suggest strong revival of judicial process
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