In my experience and opinion derived therefrom, maybe 70% of the problem lies with that section of the so-called "judges" that are not only pliable / spineless / and corrupt, but as my cases outlined herein below, they are partners in criminality, even to the extent that they willfully overlook false affidavits, destruction of evidence, AND even ignore contravention of the Aircraft Act and put lives of navy aircraft and their pilots and the lives of thousands of civilians that are in the funnel zone of the military and civil aircraft. The remaining 30% of the problem is that there are too few judges and inadequate infrastructure AND for all practicable purposes no effective redress against the judges. How many SC and HC judges have been convicted since "independence" ? There is no way any top lawyer, by whatever name, can be held in awe if there is a no-nonsense and full spine judge. Any way. We may or may not agree with them, but we survive because
those few great judges, NGOs, individuals like Mr. Shourie, Mr. Subramanium, Mr. Bhatia, Mr. Khemka, Ms. Durga, etc. But unfortunately, they are far too few, and much too late. The foundations of our institutions over the past 68 years have been completely gnawed away, and the cancers have spread deep and wide. I am afraid we have darker days ahead in the years to come.
Regards,
--------------------------------------------
On Tue, 5/19/15, Gopalkrishnan iyer <iyer_ga@yahoo.com> wrote:
Subject: Re: [IAC#RG] WHEN PEOPLE LOSE FAITH IN JUDICIARY , CONSEQUENCES CAN BE ALARMING
To: "Dr. NC Jain" <j_nc2000@yahoo.com>, "vijay99kapoor@yahoo.com" <vijay99kapoor@yahoo.com>, "indiaresists@lists.riseup.net" <indiaresists@lists.riseup.net>
Date: Tuesday, May 19, 2015, 2:52 AM
There is
no doubt left as to the fact that Indian justice system is
not free from influence from powers that be, money power and
high profile advocates.The recent verdicts one after the
other seeng Salman khan virtually a free man within hours
despite being convicted is ample proof that justice delivery
is maneovreable! Harish Salve's presense in the court in
a way subdued the Justice!! Or else all those involved in
deliberating whether Salman is a culprit or not are not at
all knowing the law on which they argued for 13 years!
Jayalalitha'scase too is anopther instance cite! Can a
common man avail the services of Salve or the like of him
and if so at what cost and how fast! Common man has to wait
for months for an appontment where as all appointments were
cancelled and flew down in Salmans case!!I should
say the justice system also is influenced by status of
people involved!
Insider
trader Gupta in the US was convicted in a matter of days and
sentence followed in the same pace whereas Harshad
Mehta's case is far from being over though the accused
passed away long back!
I think the jury system
could speed up the justice system with least chance of a
faulty delivery of justice
On Monday, 18 May 2015 12:47 PM, Dr.
NC Jain <indiaresists@lists.riseup.net> wrote:
Dear
sir
Such instances are very common.As everone is aware, justice
delayed is justice denied and In India, it is a common
practice in almost,most department. I have a case of
noncompliance of CIC order for the last 4 years and cic is
not replying/taking any action on it. In short,India is free
but not Indians.We have to struggle to make Indians free.
Dr
N C Jain
On Friday, May 15, 2015 1:14 AM,
Vijay Kapoor <indiaresists@lists.riseup.net> wrote:
In
theory there appeals are possible to set right the wrongs of
lower courts. But things are entirely different in
practice.
I cite a couple of my own
experiences:
1. I filed a
consumer complaint against a leading industrialist and
builder of Goa in the State Consumer court. The
"president judge", one Mr. Nelson Britto,
apparently held the case in my favour because he granted me
penal damages of Rs. 3.0 lacs against the builder. But look
at the sheer malafides of the "judge" and his
"order", who apparently imposed the penalty as a
smokescreen to shield AND REWARD the errant industrialist.
His entire order does not mention a single word as to why he
imposed the penalty, and whether the builder was in
deficency, in unfair trade practices, and providing
hazardous services, WHEN the industrialist-builder has lied
under oath and put a false document said to be the NOC from
navy in the agreement to sell; the builder admitted in
cross-examination under oath in that he destroyed evidence;
that he never obtained the mandatory NOC from navy; that the
brochure placed on record by me was his brochure; that he
contravened
Registration Act; that he
contravened The Transfer of Property Act by not disclosing
material defects in the property; etc. and so on. There is a
contravention of at least half a dozen major Acts and laws
of the land. But the "judge" does not discuss any
of the law points involved and does not utter a single word
about all those. Finally to cap it all the "judge"
ignores the prayers made by me to either give market value
(with written quotations from 5 vicinity builders) OR a
similar flat in nearby locality. Instead he gives interest @
15%, which means a loss in capital value to me of over 10
lacs (excluding interest cost), and a corresponding gain to
the industrialist.
2. In
another case in the same court the "judge", one
Mr. Prabhudessai, who claims to be a law teacher in a local
college, ignores all evidence on record and several points
of law raised: Can the opposite party submissions that are
not on affidavit and are merely verbal, be entertained by
the court; Can a piece of paper without an Invoice Number /
Tax registration, taxes be a valid "Invoice /
Bill"; can the OP who has approached the court in not
good faith be entertained; when there are 6 different
agreements between the parties and with different dates and
terms & conditions, can the matter be properly decided
without first deciding which of the agreements is the valid
one; when the OP himself does not dispute or refute the
evidence placed on record, can the "judge"
unilaterally decide differently that too without any
reasoning; can the "judge" overrule at least 10 SC
judgments on different subjects; can the "judge"
overrule the law and the intent to
the
parliment; can the "judge" order costs when
several issues of law have been raised; etc. The appeal
before the National Commission was the same .......
non-appreciation of evidence on record and several law
points raised. At this point as I came down with health
problems I could not pursue the matter in the SC.
There are many fine judges (I
recall Justices Mr. Sachar and Mrs. Leila Seth, who settled
my PF case in just 4 hearings and did not allow the govt.
lawyers to dilly-dally. I also recall the justice in Delhi
HC, who put his foot down by telling the govt judges to get
on with their defence, if any, and the outcome was quaterly
disclosure of results by corporates, and also certain
provisins for transparency in results.) But, the problem is
all-persuasive, and is not limited to the judiciary only. As
the SC itself has said that the judges are part of the same
society. One hopes that one encounters the good judges,
babus, netas, of which there are many.
There is need for ALL-ROUND reform as in
REFORM. The elections, administration, judiciary, police,
education, health, ... just everything.
Regards,
--------------------------------------------
On Thu, 5/14/15, P.Mohana Chandran <p.mohanachandran50@gmail.com>
wrote:
Subject: Re:
[IAC#RG] WHEN PEOPLE LOSE FAITH IN JUDICIARY , CONSEQUENCES
CAN BE ALARMING
To: indiaresists@lists.riseup.net
Date: Thursday, May 14, 2015, 1:08 AM
Shri Venkataraman may
kindly note that to err is human.Judges also
may err-of
course not with the intention to
err.The error may be on a
question of law
or on a guestion of fact.To take care of
such situations,law enables affected party to file
Appeal,Review,Revision etc.Do you wantthe
Appellate Court to
confirm the trial court
judgement in all cases and thereby
make the
people to have faith in judiciary.TrialCourt and
Appellate Courts shall patiently hear the
matter and give
judgements with out fear or
favour.They need not worry about
the
comments that may be made by persons like
Shri.Venkataraman.
If the decision of
Mr.Justice Kumaraswamy of
the Hon'ble
Karnataka High Court is based on erroneous
calculation (mathematical error ) in calculating the
total
assets and total income and if the
mismatch is really more
than 10% as is
being propogated by some opposition leaders
in Tamilnadu, a mere Application for Review will be
sufficient for the Judge to correct the
error.
The allegation was that since
Ms.Jayalalitha is a politician,the case was
prolonged for
more than a decade.On her
coviction,when the Bail matter
came up
before the Supreme Court ,coditional Bail was
granted,a consequence of which is expeditious
disposal of
the Appeal which resulted in
quick disposal of the
Appeal.The economic
status of the party concerned has
nothing
to do with the case.
A resourceful /wealthy
party may be able
to engage a team of legal
experts and may be able to come
out
successful by taking advantage of the loopholes in law.A
'daridra narayana' may have to depend
on a lawyer
provided by Court or Legal
Services Authority who may or
may not be
good/capable of handling the matter.It is only in
this matter ,economically deprived persons are
in a dis
advantageous position.Bail is the
Rule and Jail is an
exception. Poor people
are not capable of engaging a lawyer
and in
cases that are not very serious,amicus curie is not
appointed by court for accused and hence they
remain in jail
for days, months and at
times years.
I shall cite a case
(Mrs.Indirra Gandhi)
where a High Court
's verdict was set aside by the
Supreme
Court,not because the High Court was wrong but
because the Parliament amended the law with
retrospective
effect.Incurring expenses by
a candidate above the cut off
limit was an
electoral malpractice even if the amount is
spent by a political party. Mrs.Gandhi was unseated as
Congress spent in excess of the cut off
amount.During
emergency, law was amended
with retrospective effect
stipulating that
money spent by political parties shall not
be counted to calculate the cut off amount .Both the
decisions were correct.Perhaps Shri
Venkataraman might not have uttered a word
had
Ms.Jayalalitha got the Prevention of
Corruption Act
amended with retrospective
effect exempting MPs,MLAs,MLCs
and Central
and State Ministers from the per view of the
Prevention of Corruption Act.I appreciate Ms
Jayalalitha
for fighting the case by filing
Appeal engaging ,of course
the best legal
brain instead of managing to amend the
Prevention of Corruption Act with the help of Mr Modi
and
also the DMK P.Mohana
Chandran
On Wed, May 13, 2015
at 9:08 AM, Raghavan R N <raghavan6@hotmail.com>
wrote:
Dear Sir,
If some one is Punished by a Court, it does not
mean Judiciary is right . There are many
cases pending
Judgement in a number of
Courts in india, the two recently
came up
for public attention is that of Ms Jayalalitha and
Mr Salman Khan
Every one
knows that Ms Jayalalitha's case
is
one related to Politics and it is natural, every one
wanted her to be punished[ her opponents].
She has been an
actress for a long time and
her back ground is too good to
be
considered that she amassed wealth only by political
means. Judgement by a Lower Court need not
necessarily
decide the final outcome. Law
provides more options till
Supreme Court.
If it is a fit case for fighting, Govt should
initiate action to file a suit in Supreme
Court. None
prevented and no one should
close this option. Counting
dresses ,
chappals and other house hold articles for
estimating the assets of Ms Jayalalitha looks
odd.
In the case of Ms Salman
Khan, it can be
appreciated that this case
is not of national importance.
Daily such
run over cases happen in India and abroad and
even yesterday three women were killed under
the wheels of a
police vehicle. It is an
accident can be due to
negligence.Here too,
the accused has options to
appeal in higher
court to get justice. Bail was granted as
he is an actor and is working in number of FILMS. All get
affected. Granting bail , fast or slow cannot
be questioned.
Definitely, prominent people
get things done fast and for
others, it
takes time. It is Indian culture and way of doing
things in India.
raghavan rn
From: boompellivenkatrao@gmail.com
Date: Tue, 12 May 2015 12:47:50 -0400
To: indiaresists@lists.riseup.net
Subject: Re: [IAC#RG] WHEN PEOPLE LOSE FAITH
IN JUDICIARY ,
CONSEQUENCES CAN BE
ALARMING
One more case of
SATYAM Ramblings Raju. The fraud is
a
open book to every one. He got bail with in a
month.
B. VENKAT RAO
Sent from my iPhone
On
12-May-2015, at 3:41 am, Jagjit Ahuja <jagjit.ahuja@gmail.com>
wrote:
Judiciary in India has
made a mockery of
themselves . They know that there is no
one in the governing system who can punish them for all
the
wrongs. Now with the judgement made in
favour of
Jayalalitha clearly shows that
how our judiciary has been
working . The
presenting officers and the defence
advocates have been playing games with each other .At
least punish out off those who have been
proved to be
wrong .
Same
thing happened with the case of Salman
Khan.
On Mon, May 11, 2015 at 8:41 PM,
Venkatraman Ns <nsvenkatchennai@gmail.com>
wrote:
To
India Against Corruption
WHEN PEOPLE LOSE FAITH IN JUDICIARY
, CONSEQUENCES CAN BE ALARMING
After
several years
of trial in a killing case,
an actor was held guilty by the
court and
jail term
awarded. But, he got bail in a
few hours
from another judge. After
several years of trial in a
corruption
case, a
Chief Minister was found guilty and
awarded jail term and
hefty fine. But,
after a few months, a higher court judge
called her innocent
and acquitted
everyone involved totally. Now, one wonders
which judge is
right and which judge
is wrong.
While rich
politicians and cinema actors
seem to have the last laugh,
there are
thousands
of dharidhranarayanas in India
who stay in jail for lesser
crime for
several
years without being heard. Are they
not as much Indians as
the cinema actor
driving his car on a pavement dweller and rich
politician
indulging in corrupt
practices ? Are we settling down for this sort
of democracy
in India ?
An average common man
in
India, millions of whom do not have any political
affiliation have already
lost
faith in the politicians in power and bureaucracy. He
has been thinking that
the
judiciary is ultimate conscience keeper of the country.
But, when judiciary
give
judgements with so much of contradiction between one
judge and the other
and
providing bail and relief
to the
convicted actor and
politicians with
great speed and with
many judges in
India already having been
accused of
corrupt practices in the past, people
tend to develop doubts about judiciary
too.
Now, what can a
common man do , if he loses faith in
politicians in power,
bureaucrats and
judges? It is alarming to think about such
situation and the
possibilities.
N.S.Venkataraman
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