Tuesday, October 31, 2017

[IAC#RG] Rs 5,00,000 awarded as compensation to the family of extra judicially killed by BSF. A victory.


National Human Rights Commission
New Delhi, India

Case Details of File Number: 666/25/15/2014-PF

Diary Number73292
Name of the ComplainantKIRITY ROY, SECRETAY (MASUM) AND NATIONAL CONVENER (PACTI)
AddressBANGLAR MANABADHIKAR SURAKSHA MANCHA, 40A, BARABAGAN LANE (4TH FLOOR), BALAJI PLACE, SHIBTALA, SRIRAMPUR,
HOOGHLY , WEST BENGAL
Name of the VictimSOHAG SAHJEE S/O NOOR ISLAM SAHJEE
AddressR/O VILLAGE. HAKIMPUR, PS. SWARUPNAGAR,
NORTH 24-PARGANA , WEST BENGAL
Place of IncidentRIVER SONAI, PS. HAKIMPUR
NORTH 24-PARGANA , WEST BENGAL
Date of Incident2/22/2014
Direction issued by the CommissionShri Kirity Roy, Secretary, MASUM through his email dated 5.5.2014 alleged that on 22.2.2014, a young boy, named Sohag Sahjee, son of Nur Islam Sahjee, aged 23 years went to Sonai River to have bath. Around the same time, a boy was trying to smuggle few things on a bicycle through the river, however, the BSF personnel all of a sudden, started pelting stones on Sohag Sahjee, who was taking bath in the river. As the stones hit the deceased on his head and shoulder, he started struggling for breath. The uncle of the Sohag Sahjee, Nur Hussain Sahjee tried to rush towards him to save his life, but he was prevented from doing so by BSF personnel by pointing guns towards him. Later on, Sohag Sahjee died as a result of drowning. The BSF personnel fled from the spot and the villagers fished out his body. This incident was also witnessed by many villagers. On the complaint of Nur Hussain Sahjee, the uncle of deceased, a case crime No.133/2014 was registered at P.S. Swarupnagar u/s 302/34 IPC against two unknown BSF personnel. The Commission took cognizance of the complaint and sought a report from Director General, BSF and SP, North 24 Parganas, West Bengal. Pursuant to the directions of the Commission, Under Secretary to the Govt. of India, Ministry of Home Affairs vide letter dated 2nd September, 2014 forwarded the report of Shri Pardeep Katyal, DIG (Ops) B, Directorate General, BSF dated 29.8.2014. According to the report, the incident took place on 22.2.2014, in the area falling under the responsibility of Border Out Post (BOP), Hakimpur in general area of Fakir para. At about 1445 hours, the BSF Party observed movement of four smugglers on bicycles, who wanted to cross the river Sonai from India to Bangladesh. The BSF Party challenged them to stop and surrender, but they jumped into the river Sonai. Out of four smugglers, three had managed to cross over to Bangladesh side of river Sonai and managed to board a boat floating there but one of them could not board the boat due to heavy weight being carried by him, more than he could handle. Sensing that the fourth person may not board the boat and might get drowned, BSF party rushed to save him and got down into the river Sonai, but the miscreants and local population gathered on both sides of the river and started pelting stones on the BSF party using filthy and abusive language, which compelled the BSF personnel to retreat from the river to a safer place. Later on, it was learnt that the smuggler who could not board the boat had drowned and the villagers had fished out the body of the drowned smuggler from the river Sonai. The dead person was identified as Sohag Sahjee s/o Nur Islam Sahjee, r/o village Fakirpara, Hakimpur, PS Swarupnagar, North 24 Parganas, West Bengal. In this connection, an FIR No.135/14 dated 22.2.2014 was also registered at PS Swarupnagar. The report also stated that a Court of Inquiry was conducted and as per remarks of Commandant 152 Bn. BSF, Indian Smuggler Sohag Sahjee, S/o Nur Islam Sahjee, while attempting to cross the river Sonai towards Bangladesh side, had drowned into river Sonai due to the weight being carried by him. The post mortem examination was conducted on the body of the deceased and according to the Post Mortem Surgeon the death was due to asphyxia caused by drowning ante mortem in nature. The doctor further opined that there were injury marks on the body of the deceased, however, these injuries were not sufficient to cause death. The report concluded that the BSF Personnel were carrying out their duty with all sincerity in a very hostile working atmosphere, where the trans-border criminals apparently have a feeling that it is their right to smuggle various kinds of goods to and from Bangladesh. The allegations leveled by the complainant against BSF were not found to be substantiated. As against this, SP, North 24 Praganas, West Bengal vide his letter dated 30.12.2016 has informed that crime case No.133/2014 P.S. Swarupnagar was investigated by Sub-Divisional Police Officer, Basirhat. The I.O. during the course of investigation, recorded the statement of H.C. Baraf Ram of 152 Bn. BSF, Kalyani and Dr.K.P. Pandit, who conducted the post mortem examination on the body of deceased Sohag Sahjee and other witnesses. On appraisal of evidence adduced during the course of investigation, the I.O. concluded that both the BSF personnel pelted stones on Sohag Sahjee when he was taking bath in Sonai River and did not allow his uncle to save him. Thus, the BSF personnel were responsible for the death of deceased Sohag Sahjee. The Commission was also informed that a charge-sheet had been also filed in the court of law against No. 91004592 HC Barat Ram and No. 121111121 Ct. Candharpa Das of BSF. The Commission forwarded a copy of the above report dated 31.12.2016 received from SP, North 24 Parganas to Minisry of Home Affairs, Government of India for comments, since BSF personnel are involved in the incident. In response, Under Secretary, Ministry of Home Affairs, Government of India vide letter dated 21.06.2017 has forwarded a report from DIG (Ops) B, BSF, which reiterates the version of the BSF already communicated vide letter dated 29.08.2014 and considered by the Commission on 02.03.2017. The report also mentions that the criminal trial in FIR No. 133/14 has been claimed by the BSF from the Learned Court of ACJM, Basirhat u/s 80 of the BSF Act for trial as per evidence on record. The Commission has carefully considered the matter in its entirety. The Commission proceeds in cases of alleged violation of human rights, on the basis of preponderance of probability. In this case the police investigation in FIR No. 133/14 has found involvement of two BSF personnel and charge sheet has been against them. As such the test of preponderance of the probability is more than satisfied in this case. The Commission does not consider it necessary to await the outcome of the trial under the BSF Act. The law will take its course. The human rights of the deceased Sohag Sahjee, have been prima facie, found to have been violated at the hands of the BSF personnel for which the State is vicariously liable to compensate the NoK of the deceased. Since the report of the SP, North 24 Parganas has already been sent to the Ministry of Home Affairs, Government of India and comments obtained, it is not necessary to issue any show cause notice. The Commission, therefore, recommends to the Government of India through the Secretary, Ministry of Home Affairs, to pay a sum of Rs. 5 lakhs to the Nok of the deceased Sohag Sahjee. The Action taken on the recommendation shall be submitted within three months.

--
Kirity Roy

Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Balaji Place
Shibtala
Srirampur
Hooghly
PIN- 712203
Tele-Fax - +91-33-26220843
Phone- +91-33-26220845
e. mail : kirityroy@gmail.com
Web: www.masum.org.in


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Saturday, October 28, 2017

Re: [IAC#RG] A BJP MUKT BHARAT IS THE ONLY WAY FORWARD


Non in the list are suitable I don't think any one has the vision that PM Modi has . Its important to be a good communicator . The advocate Rodrigues  should also see  the work that has happened in Modiji's time and should analyse his own work as an advocate what he has done for the country. It is very easy to open mouth and criticize, what he means by merry  jetting ? ..... it is important to look at things with open mind, doesn't he see the good foreign relations that we have with other countries, is it possible without visiting and talking to other countries heads.

Jealous and Negative people breed negative vibes,  we need positivism and positive people to take the country forward , therefore in current situation Modiji is the best.

Dr N Singh
University Faculty

 

On Tue, Oct 24, 2017 at 12:58 PM, Harsh Pandey <harshhsrahin@gmail.com> wrote:
And why do we oppose Modi....is it hatred dominated or issue based.... If I hate somebody I can't see any good in him.... Ppl particularly educated one have been taught to hate..they will find humanity n Aman ki Aasha in Pakistan..but never never in a fellow Indian....now I realise why Prithvi Raj Chauhan n Marathas in Panipat lost so badly....to invaders.... because Indians outbeat everybody in hating their own fellow Indians even at cost of national security

On 24-Oct-2017 12:51 PM, "Nabajyoti Das" <nabajyoti@gmail.com> wrote:
What are the options according to you for a BJP Mukt Bharat?  Rahul and Congress-Yukt Bharat??? How much low we are willing to go?



 
On 19-Oct-2017, at 8:04 am, Aires Rodrigues <airesrodrigues1@gmail.com> wrote:

Prime Minister Narendra Modi is a good talker and a master in rhetoric theatrical blabbering. But the nation has now realized this and will not be fooled anymore. Over the last three and half years,

 

Narendra Modi has made merry jetting across the globe while the country has ebbed to dire straits. And more importantly while eroding the autonomy of even the Reserve Bank, Election Commission and the CBI, Narendra Modi and the BJP have ruptured the secular fabric of our great nation.



Aires Rodrigues
Advocate High Court
C/G-2, Shopping Complex
Ribandar Retreat,
Ribandar – Goa – 403006

Mobile No: 9822684372

Office Tel  No: (0832) 2444012
                         Or
           airesrodrigues@yahoo.com

You can also reach me on

Facebook.com/ AiresRodrigues

Twitter@rodrigues_aires


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G B Pant University of Agriculture & Technology
Pantnagar-263145
E-mail nshill6@gmail.com.+919412946653,+91 8954604568

Friday, October 27, 2017

Re: [IAC#RG] A BJP MUKT BHARAT IS THE ONLY WAY FORWARD

 If the policies of UPA are to be classified as Pseudo Secularism, the supporters of present Govt can be classified as Pseudo Nationalists, who in the name of Pseudo Nationalism tend to fire up hatred for minority communities, who are also citizens of India. Why such issues affecting minority communities are pumped up only just before elections? Why citizens of India, who do not agree with RSS/VHP agenda, asked to go to another country?

R.N.Malhotra




From: Girinder Singh <girinder_singh@yahoo.com>
To: ravindra malhotra <rnmalhotra_in@yahoo.com>
Cc: "rjthacker57@gmail.com" <rjthacker57@gmail.com>; "indiaresists@lists.riseup.net" <indiaresists@lists.riseup.net>
Sent: Friday, October 27, 2017 9:20 PM
Subject: Re: [IAC#RG] A BJP MUKT BHARAT IS THE ONLY WAY FORWARD

आप सभी साथी मेरे से बुद्धिमान और जानकार हैं, जो आपने कहा वो सब ठीक है, में इतना ज़रूर कहना चाहूँगा की मोदी जी ने ऐसा क्या कर दिया जो की देश की Secular Fabrics ख़तरे में है!
क्या आज तक दूसरी पार्टियों ने Pseudo Secularism के नाम पर हिन्दुओं का शोषण और फ़ायदा नही उठाया? क्या हिन्दुओं के स्वाभिमान को SC से लेकर किस नेता ने मुस्लिम तुष्टिकारन का दोहन नही किया! क्या गाय पहली बार माता और ताजमहल क्या किसी ट्रस्ट की जागीर है? क्या पुरातत्व के अधीन वो सब नही आना चाहिए जब लाल क़िला और कुटबमीनार जैसे तमाम स्थान पहले से नही और ये सब तो चुनावी बयान भर हैं? क्या ऐसे बयान ओवैसि और SP या खोंग्रेस्स के कितने नेता नही देते रहे! बहुत बातें हैं किन्तु विश्लेषण भी आपका योग्य और तार्टिक होना चाहिए🙏

Sent from my Apple iPhone

On 24-Oct-2017, at 10:42 PM, ravindra malhotra (via indiaresists Mailing List) <indiaresists@lists.riseup.net> wrote:

 BJP probably will not be replaceable in absence of an alternative to Modi as a leader whom people believe even if he gives unlikely assurances or exaggerated figures . What is required is a strong opposition to keep a check on mavericks in BJP / their supporting parties, who want to dismantle Taj Mahal or make Gau Mutra as 'Itra of India' or want to send all those who do not agree with them to Pakistan.

R.N.Malhotra




From: Rajendra Thacker <rjthacker57@gmail.com>
To: indiaresists@lists.riseup.net
Sent: Tuesday, October 24, 2017 12:40 PM
Subject: Re: [IAC#RG] A BJP MUKT BHARAT IS THE ONLY WAY FORWARD

Suggest any name from Indian Political Parties who would be better than PM Modiji. 
Rahul Gandhi
Soniaji
Mulayamji
Mayaji
Mamtaji 
Or any other present political leaders who had best past record. 

Hatred will select wrong / worst leader only.
Better say ..... Jai Modiji .

On Oct 21, 2017 07:23, "Aires Rodrigues" <airesrodrigues1@gmail.com> wrote:
Prime Minister Narendra Modi is a good talker and a master in rhetoric theatrical blabbering. But the nation has now realized this and will not be fooled anymore. Over the last three and half years,
 
Narendra Modi has made merry jetting across the globe while the country has ebbed to dire straits. And more importantly while eroding the autonomy of even the Reserve Bank, Election Commission and the CBI, Narendra Modi and the BJP have ruptured the secular fabric of our great nation.


Aires Rodrigues
Advocate High Court
C/G-2, Shopping Complex
Ribandar Retreat,
Ribandar – Goa – 403006

Mobile No: 9822684372

Office Tel  No: (0832) 2444012
                         Or
           airesrodrigues@ yahoo.com

You can also reach me on

Facebook.com/ AiresRodrigues

Twitter@rodrigues_aires



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Tuesday, October 24, 2017

Re: [IAC#RG] A LAUDABLE MOVE BY THE SUPREME COURT

There was a Higher Judicial Service earlier (my father belonged to it). What happened to it? Elevation of lawyers to judges started around the time Indira was PM she also started the process of supersession. Good ideas to bring in talent, but perhaps for a short duration only since any lawyer making good money will be tempted to make money again through former colleagues. Also supersession is good if you are appointing based on merit otherwise (like congress did) you are filling up benches with pliable judges in higher courts who would return favours when required  

On 21 October 2017 at 08:00, MG Kapoor <mgkapoor.1962@gmail.com> wrote:
The reality is much farther from the truth. Do only the wards, relatives, friends etc of the Judges, or of the bureaucrats and of the politicians meet the criteira? The nepotism that exists in the appointment of judges in the judiciary is unparalleled. Why can't they have Indian Higher Judiciary Service on the lines of Central Civil Services, the Indian Military Service or the Indian Police Service for all elegible to compete ? (Open written examination followed by interview. Interview not having more than 12.4% weightage just as in the IAS. Then followed by the Psychology test as in the Armed Forces selection). They don't want to have because neither the Collegium nor the Govt wants to give away the hold on the appointment of judges. In the existing system many an incompetent is appointed as a judge. 

At least I am not in agreement with either the Collegium System or the Govt having control. (I am a practising lawyer for over 35 years)

With best wishes,

MG Kapoor 
Advocate 

On Sat, 21 Oct 2017 at 7:11 AM, Himangshu Vaish <hrvaish@gmail.com> wrote:
May be attached document will help to crystallise the thinking.

Best wishes,

Vaish.

Himangshu R. Vaish
Managing Director: Instapower Ltd.
Past Chairman: PanIIT Alumni India
Past President: IIT Delhi Alumni Association
Past President: Chamber of Industries of Udyog Vihar Gurgaon

 

Instapower Ltd.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

S-19, Panch Shila Park, New Delhi - 110017

T: +91-11-26015000
for more details-
www.instapower.com

 
Save Energy, Save Water,
Save The Mother Earth!


On 15 October 2017 at 16:15, ravindra malhotra <indiaresists@lists.riseup.net> wrote:
 I agree. There is a s case of Judiciary setting up of procedure and modalities for disciplinary action in cases of serious lapses of justice by their members as determined by their senior courts.

However it may also not be lost sight of that no responsibilities are getting fixed on executive side  also, especially police force with politicians blessing, when hundreds of people in India remain in Jail even after exoneration by courts, hardly any action takes place against executive when courts rule that a person was falsely implicated by police themselves or under political pressure etc.

R.N.Malhotra



From: P.C.Pandian <truevalue_pandian@yahoo.com>
To: ravindra malhotra <rnmalhotra_in@yahoo.com>
Cc: indiaresists@lists.riseup.net
Sent: Saturday, 14 October 2017 11:51 PM

Subject: Re: [IAC#RG] A LAUDABLE MOVE BY THE SUPREME COURT

Transparency is fine; but accountability is missing. As a pattern, H.C.s overturn judgements of lower courts with serious strictures. Who will compensate the agony and nine years of the Talwars. A silly arithmetical error leads to a grave travesty of justice. In all the cases the judge goes unpunished and the victim suffers. An end is to be found.

On Oct 10, 2017 14:02, ravindra malhotra <indiaresists@lists.riseup.net> wrote:
 Politicians already control the bureaucracy. Appointment of judiciary by bureaucracy and by politicians will give absolute power to the politicians, who are at the top of corruption tower. At present it is the judiciary only which has checks on the unjust and discriminatory decisions of bureaucracy and politicians. Already legislatures have been acting and passing resolutions to delegate more and more power and privileges for themselves.

R.N.Malhotra




From: Supratim Basu <xsupratim@gmail.com>
To: "indiaresists@lists.riseup.net" <indiaresists@lists.riseup.net>
Sent: Tuesday, 10 October 2017 12:55 PM
Subject: Re: [IAC#RG] A LAUDABLE MOVE BY THE SUPREME COURT

Dear Mr Rodrigues,

This is one area where I completely disagree - the judiciary, unconstitutionally, seized the powers of appointments and transfers to itself, and completely upended the checks and balances of our constitution. If the Executive, Legislature and Judiciary are the three arms of our Republican, Consitutional democracy, then one arm can not say that it is not subject to any checks and balances of the other arms.

The executive should and must have the right to appoint/suggest/select judges to the HC and Supreme Court, which should then be ratified by the legislature - this is how it works in all modern and civilised countries. And, it is the only way to remove the untrammeled powers that the SC has seized for itself and put itself above all laws and all checks.

It is no secret that the judiciary today is the most corrupt organisation of the country, and that various (most) judges have made millions on the back of poor litigants. It is impossible to actually get justice in India today, in any meaningful time frame. The judiciary has become an incestuous cesspool.

From my perspective, the one single, easy reform that this government should implement - go back to the Jury system in civil and criminal cases in the HCs across the country, and make the SC only a court of appeal on law, not facts. Going back to the Jury system would put us back in the realm of civilised countries, give meaning to justice, hasten up timelines all over, and cut corruption in the judiciary by 90% overnight.


Thanks

Supratim

On 8 October 2017 at 07:09, Aires Rodrigues <airesrodrigues1@gmail.com> wrote:
It is extremely heartening that the Supreme Court has finally opened up its doors to transparency in matters concerning to judicial appointments. The current Collegium mode is the safest and surest way to preserve the Independence of the Judiciary had it not been reduced to a cabal. The collegium had ended up being a very secret club with the proceedings not being a public record. That veil of secrecy was untenable and had to go.  The collegium system must infact be given a constitutional status with all its deliberations being very transparent and within the purview of public scrutiny.
 
In the process of judicial appointments the Judiciary must be accountable to the public at large while it should also be totally insulated from political interference whatsoever. Only then will the Judiciary act as a successful defensive wall against the growing excesses and abuse of power by the executive and legislature. 
 
There is a dire need for the judiciary to look into the aspect of wider accountability of Judges by ensuring that a few black sheep do not blemish the fair image of the entire Judiciary.

Lord Harry Woolf, a former Chief Justice of England had said "Like old clocks, our judicial institutions need to be oiled, wound up and set to true time".



Aires Rodrigues
Advocate High Court
C/G-2, Shopping Complex
Ribandar Retreat,
Ribandar – Goa – 403006

Mobile No: 9822684372

Office Tel  No: (0832) 2444012
                         Or
           airesrodrigues@ yahoo.com

You can also reach me on

Facebook.com/ AiresRodrigues

Twitter@rodrigues_aires



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--
Anant Trivedi
Ceng MBCS CITP

Re: [IAC#RG] A BJP MUKT BHARAT IS THE ONLY WAY FORWARD

A Gandhi Mukt Congress will be a better starting point. Yes BJP is making mistakes but a bunch of looters led by a drug addict is no option. Better if you advise BJP leadership what mistakes to correct. 

On 19 October 2017 at 08:04, Aires Rodrigues <airesrodrigues1@gmail.com> wrote:

Prime Minister Narendra Modi is a good talker and a master in rhetoric theatrical blabbering. But the nation has now realized this and will not be fooled anymore. Over the last three and half years,

 

Narendra Modi has made merry jetting across the globe while the country has ebbed to dire straits. And more importantly while eroding the autonomy of even the Reserve Bank, Election Commission and the CBI, Narendra Modi and the BJP have ruptured the secular fabric of our great nation.



Aires Rodrigues

Advocate High Court

C/G-2, Shopping Complex

Ribandar Retreat,

Ribandar – Goa – 403006


Mobile No: 9822684372


Office Tel  No: (0832) 2444012

Email: airesrodrigues1@gmail.com

                         Or

           airesrodrigues@yahoo.com


You can also reach me on


Facebook.com/ AiresRodrigues


Twitter@rodrigues_aires


www.airesrodrigues.com



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--
Anant Trivedi
Ceng MBCS CITP

Re: [IAC#RG] A LAUDABLE MOVE BY THE SUPREME COURT

 There are no direct selection to higher level of civil services or Military services. IAS/IPS selections etc are only for entry level. In higher level of civil services positions are filled up through promotions altgough for some positions  like Economic advisers, ambassadors, Reserve Bank Governors etc, lateral inductions are done of professionals. In Judiciary, there is no all India competition but as far as I know, every state has their own Judicial Service with recruitment  at entry level with competitive test etc similar to PCS services and the recruits get promotions similar to those in civil services. Because of special type of job, in judiciary, at higher level lateral induction is made out of Advocates also.

R.N.Malhotra




From: MG Kapoor <mgkapoor.1962@gmail.com>
To: indiaresists@lists.riseup.net
Sent: Tuesday, October 24, 2017 12:37 PM
Subject: Re: [IAC#RG] A LAUDABLE MOVE BY THE SUPREME COURT

The reality is much farther from the truth. Do only the wards, relatives, friends etc of the Judges, or of the bureaucrats and of the politicians meet the criteira? The nepotism that exists in the appointment of judges in the judiciary is unparalleled. Why can't they have Indian Higher Judiciary Service on the lines of Central Civil Services, the Indian Military Service or the Indian Police Service for all elegible to compete ? (Open written examination followed by interview. Interview not having more than 12.4% weightage just as in the IAS. Then followed by the Psychology test as in the Armed Forces selection). They don't want to have because neither the Collegium nor the Govt wants to give away the hold on the appointment of judges. In the existing system many an incompetent is appointed as a judge. 

At least I am not in agreement with either the Collegium System or the Govt having control. (I am a practising lawyer for over 35 years)

With best wishes,

MG Kapoor 
Advocate 

On Sat, 21 Oct 2017 at 7:11 AM, Himangshu Vaish <hrvaish@gmail.com> wrote:
May be attached document will help to crystallise the thinking.

Best wishes,

Vaish.

Himangshu R. Vaish
Managing Director: Instapower Ltd.
Past Chairman: PanIIT Alumni India
Past President: IIT Delhi Alumni Association
Past President: Chamber of Industries of Udyog Vihar Gurgaon

 
Instapower Ltd.
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On 15 October 2017 at 16:15, ravindra malhotra <indiaresists@lists.riseup.net> wrote:
 I agree. There is a s case of Judiciary setting up of procedure and modalities for disciplinary action in cases of serious lapses of justice by their members as determined by their senior courts.

However it may also not be lost sight of that no responsibilities are getting fixed on executive side  also, especially police force with politicians blessing, when hundreds of people in India remain in Jail even after exoneration by courts, hardly any action takes place against executive when courts rule that a person was falsely implicated by police themselves or under political pressure etc.

R.N.Malhotra



From: P.C.Pandian <truevalue_pandian@yahoo.com>
To: ravindra malhotra <rnmalhotra_in@yahoo.com>
Cc: indiaresists@lists.riseup.net
Sent: Saturday, 14 October 2017 11:51 PM

Subject: Re: [IAC#RG] A LAUDABLE MOVE BY THE SUPREME COURT

Transparency is fine; but accountability is missing. As a pattern, H.C.s overturn judgements of lower courts with serious strictures. Who will compensate the agony and nine years of the Talwars. A silly arithmetical error leads to a grave travesty of justice. In all the cases the judge goes unpunished and the victim suffers. An end is to be found.

On Oct 10, 2017 14:02, ravindra malhotra <indiaresists@lists.riseup.net> wrote:
 Politicians already control the bureaucracy. Appointment of judiciary by bureaucracy and by politicians will give absolute power to the politicians, who are at the top of corruption tower. At present it is the judiciary only which has checks on the unjust and discriminatory decisions of bureaucracy and politicians. Already legislatures have been acting and passing resolutions to delegate more and more power and privileges for themselves.

R.N.Malhotra




From: Supratim Basu <xsupratim@gmail.com>
To: "indiaresists@lists.riseup.net" <indiaresists@lists.riseup.net>
Sent: Tuesday, 10 October 2017 12:55 PM
Subject: Re: [IAC#RG] A LAUDABLE MOVE BY THE SUPREME COURT

Dear Mr Rodrigues,

This is one area where I completely disagree - the judiciary, unconstitutionally, seized the powers of appointments and transfers to itself, and completely upended the checks and balances of our constitution. If the Executive, Legislature and Judiciary are the three arms of our Republican, Consitutional democracy, then one arm can not say that it is not subject to any checks and balances of the other arms.

The executive should and must have the right to appoint/suggest/select judges to the HC and Supreme Court, which should then be ratified by the legislature - this is how it works in all modern and civilised countries. And, it is the only way to remove the untrammeled powers that the SC has seized for itself and put itself above all laws and all checks.

It is no secret that the judiciary today is the most corrupt organisation of the country, and that various (most) judges have made millions on the back of poor litigants. It is impossible to actually get justice in India today, in any meaningful time frame. The judiciary has become an incestuous cesspool.

From my perspective, the one single, easy reform that this government should implement - go back to the Jury system in civil and criminal cases in the HCs across the country, and make the SC only a court of appeal on law, not facts. Going back to the Jury system would put us back in the realm of civilised countries, give meaning to justice, hasten up timelines all over, and cut corruption in the judiciary by 90% overnight.


Thanks

Supratim

On 8 October 2017 at 07:09, Aires Rodrigues <airesrodrigues1@gmail.com> wrote:
It is extremely heartening that the Supreme Court has finally opened up its doors to transparency in matters concerning to judicial appointments. The current Collegium mode is the safest and surest way to preserve the Independence of the Judiciary had it not been reduced to a cabal. The collegium had ended up being a very secret club with the proceedings not being a public record. That veil of secrecy was untenable and had to go.  The collegium system must infact be given a constitutional status with all its deliberations being very transparent and within the purview of public scrutiny.
 
In the process of judicial appointments the Judiciary must be accountable to the public at large while it should also be totally insulated from political interference whatsoever. Only then will the Judiciary act as a successful defensive wall against the growing excesses and abuse of power by the executive and legislature. 
 
There is a dire need for the judiciary to look into the aspect of wider accountability of Judges by ensuring that a few black sheep do not blemish the fair image of the entire Judiciary.

Lord Harry Woolf, a former Chief Justice of England had said "Like old clocks, our judicial institutions need to be oiled, wound up and set to true time".



Aires Rodrigues
Advocate High Court
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Ribandar Retreat,
Ribandar – Goa – 403006

Mobile No: 9822684372

Office Tel  No: (0832) 2444012
                         Or
           airesrodrigues@ yahoo.com

You can also reach me on

Facebook.com/ AiresRodrigues

Twitter@rodrigues_aires



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