| Dear All,
The recent proceedings in SC & even at HCs suggest revival of judicial activism which is indeed heartening since aimed at cleansing the rotten system and making administration accountable to the citizens.
SC Judgment of 3rd February 2011 in CVC case worth reading -
Further, my observation is that our democracy has a long way to go. We are still a Banana Republic with Might is Right being in vogue in every walk of life. Moneyed / influential getting away with any crime subverting law is pretty common & disadvantaged continue to suffer at the hands of powerful.
This phenomenon has become much more prominent in the two-decades of liberalisation era with economic & social inequalities drastically increasing leading to social tension engulfing one-third of country with Naxal type activities.
One can view the changing shape of income distribution in India at -
Changing Shapes Income Distribution Urban Rural on Liberalisation - http://bit.ly/fcvJ9K
GINI Coefficient - Rich Vs Poor and for Urban Vs Rural India - http://bit.ly/dUtnmi
This inequality is essentially the result of the faulty economic policies since 1991 with no governing mechanism in place or, if in place, not being effective and with high level irregularities, corrupt practices and corruption.
This shocking & ever increasing inequality seriously violates the Fundamental right of to equality, that is provided for in Articles 14 in the Constitution of India. of gigantic population of one-fifth of mankind,
I wonder whether the Higher Judiciary is inclined to question and review this serious Human Rights violation and direct Govt to take corrective measures to arrest this deadly trend by changing the Govt policies.
Regards,
--
(Babubhai Vaghela)
C 202, Shrinandnagar V, Makarba Road Vejalpur, Ahmedabad - 380051
M - 94276 08632
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(Administrator - Google Group - Right to Information Act 2005)
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--- On Fri, 3/4/11, Victor Cooper <victor99cooper@yahoo.com> wrote:
From: Victor Cooper <victor99cooper@yahoo.com>
Subject: [HumJanenge] Recent proceedings in SC suggest strong revival of judicial process
To: "acb" <acb_india@yahoogroups.com>, "LK Advani" <advanilk@sansad.nic.in>, "Asian Age" <editor@asianage.com>, "Mani Shankar Aiyar" <msaiyar@hotmail.com>, "Goa Bachao" <goabachaoabhiyan@gmail.com>, "World Bank" <enora@worldbank.org>, "Prashant Bhushan" <prashantbhush@gmail.com>, "Common Cause" <commoncauseindia@gmail.com>, "Supreme Court" <supremecourt@nic.in>, "PD Cruz" <pdcruz@worldbank.org>, "CVC" <cvc@nic.in>, "eGovINDIA" <eGovINDIA@yahoogroups.com>, "Frontline" <frontline@thehindu.co.in>, "Sonia Gandhi" <soniagandhi@sansad.nic.in>, "goarti" <goarti@yahoogroups.com>, "Gurumurthy" <comment@gurumurthy.net>, "Herald" <mail@herald-goa.com>, "Humjanenge" <humjanenge@googlegroups.com>, "IHRO" <IHRO@yahoogroups.com>, "Transparency India" <tiindia.newdelhi@gmail.com>, "Times of India" <toi.goa@timesgroup.com>, "Jairam" <jairam54@gmail.com>, "Presm Jha" <premjha@airtelmail.in>, "denson joseph" <densonj76@yahoo.co.in>, "Karmayog" <infor@karmayog.org>, "Kill Corruption" <killcorruption@hotmail.com>, goacan@gmail.com, "Finance Minister" <fm@finance.nic.in>, "Veerappa Moily" <vmoily@kar.nic.in>, "Jago Party" <jagoparty@jago.in>, "PM" <pmindia@pmindia.nic.in>, "rti4" <rti4ngo@yahoogroups.com>, "Kapil Sibal" <kapilsibal@hotmail.com>, "Manmohan Singh" <manmohan@sansad.nic.in>, "Business Standard" <niraj.bhatt@bsmail.in>, "Tehelka" <editor@tehelka.com>, "Navhind Times" <lpost@navhindtimes.com>, "Gomantak Times" <gteditor@gmail.com>, "voiceofindia" <voiceofindiagroup@yahoogroups.com>, "Voicesforfreedom" <voicesforfreedom@voicesforfreedom.org>, "Janshakti yahoogroups" <Janshakti@yahoogroups.com>, "Humanrightsactivist Yahoogroups" <humanrightsactivist@yahoogroups.com>
Date: Friday, March 4, 2011, 3:37 PM
| 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
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