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Saturday, July 2, 2016

Lawyers, judge up in arms in Hyderabad: What is the battle all about

  • Jul 02, 2016 16:55 IST
Telangana advocates have been protesting the provisional allocation of judges under the AP Reorganisation Act, claiming that Andhra judges were getting the benefit. (PTI)
Two years after Telangana was carved from Andhra Pradesh, the bifurcation has thrown the state judiciary in turmoil with lawyers and judges protesting the provisional allocation of judicial officers between the two states.
The protest is being spearheaded by the Telangana Judges’ Association, who played a significant role in the demand for a separate state between 2009 and 2013.
What initially started as a silent agitation through court petitions has mushroomed into a mass protest, with lawyers boycotting the Hyderabad high court. On June 29, more than 200 judges from Telangana went on a mass indefinite leave.
Angered over the developments, the court suspended two senior judges, K Ravinder Reddy and V Varaprasad, the president and secretary of the Telangana Judges’ Association. As the protests intensified, nine more judges were suspended for misconduct.
A memorandum was submitted to governor ESL Narasimhan seeking his intervention in the matter.
What is the issue?
Following the bifurcation of Andhra Pradesh (AP) and Telangana in 2014, employees from all wings – executive, legislature and judiciary – had to be divided between the two states. The division of judges and judicial staff was taken up by the full bench of the Hyderabad high court which, as per the AP Reorganisation Act, 2014, will remain common for both the states till AP creates infrastructure to set up its own high court.
On May 3, 2016, the court released the provisional list of judges being allotted to AP and Telangana, resulting in protests from Telangana judges who contended that the court deviated from the guidelines of the AP Reorganisation Act.
According to Telangana Advocates’ joint action committee convenor, A Sriranga Rao, the high court is dominated by Andhra judges. Out of 21 judges in the court, 18 are from Andhra and only three are from Telangana. “This regional imbalance in the high court was reflected in the allotment of subordinate court judges between the two states, as it went by the options given by them,” he said.
Of the total 827 subordinate judges in the combined state of AP, 497 were allotted to Andhra and 335 to Telangana. However, of those allotted to Telangana, 143 judges were from AP. Apparently, the high court made its decision based on the options given by the judges for allotting them.
What are the demands?
Telangana judges describe the provisional allotment as arbitrary, as Andhra judges opted for posting in Telangana despite vacancies in their state. Going by the AP Reorganisation Act, this would mean the vacancies in AP will be filled with Andhra judicial officers, while Telangana judges lose out in their state.
Thus Telangana judges have called for a fresh allotment list through an independent judicial advisory committee. They also want the system of seeking options from judges be done away with.
The protesters also want the Centre take steps to divide the high court at the earliest to avoid a regional imbalance. Telangana judicial officers have categorically said that they do not want to work under “Andhra judicial rulers”.
What is the Andhra side of the argument?
Though they have not openly voiced their views, Andhra judicial officers feel attributing a regional bias to the judiciary was not a healthy sign. “We have to work wherever we are posted and we never deliver judgements based on the regional status of the parties,” some said.
According to AP Lawyers’ Joint Action Committee convenor, Narisetti Srihari, the judicial officers from Andhra have every right to opt for posting in Hyderabad as it is common capital for the two states for a period of 10 years under the AP Reorganisation Act. The high court too is common for the same period, he argued.
Further, they condemned the attack on an Andhra judge in a Warangal court by Telangana advocates during one of the protests.
What did the Telangana government say?
The Telangana government has supported the protest with chief minister K Chandrasekhar Rao saying he would take up dharna at Jantar Mantar in New Delhi if necessary. Rao has also written a letter to Union home minister Rajnath Singh pointing out the regional imbalance in the high court and alleged flaws in the allotment procedure.
While demanding that the court be divided immediately, the Telangana government said the Andhra high court could continue to operate from Hyderabad till a new building was set up at the new capital of Amaravati. The Telangana government also offered to provide an alternate building to host the AP high court in Hyderabad.
What was the AP government’s response?
Chief minister N Chandrababu Naidu’s government said it was not against the division of the high court, but would only be able to shift its court proceedings to a new building once Amaravati was ready with the required infrastructure. “We are ready to allot land for the construction of high court building and the residential quarters for judges. But it is the responsibility of the Centre to provide all the necessary infrastructure for the court,” Union minister YS Chowdary said.
How has the Centre responded?
The Central government threw the ball back into the Andhra Pradesh court with Union law minister Sadanand Gowda saying it was up to the Andhra government to decide on when to make the move.
“We are ready to provide all the necessary infrastructure for the AP high court, but the AP government has to provide the land and buildings for the same,” he said.
(Source- Hindustan Times)

Tuesday, June 14, 2016

Travelling in Trains and Problem by Eunuchs : By K.Ravi Kumar Achary, Adv.

 

Now a days one has to suffer more from Eunuchs in trains than for getting berth or finding seat to travel in trains. It was a time when begging by Eunuchs in trains was confined to some particular location of our country. But now a days its been a headache to travel in trains where Eunuchs extort money instead of begging in major parts of our country. This article contains about of my personal view and experience , some articles collected from web and news papers. There are many instances in our country one can face lots of trouble from these Eunuchs in trains. As I am an Advocate, for some cases I have to travel Cuttack and Bhubaneswar for High Court and Tribunals. And I personally saw people suffering a lot in trains due to forcible demand by the Eunuchs for money. As I have discussed with co-passengers, they said that it is difficult for a man to travel from Morning till Evening in Trains as Eunuchs enter into trains by 5:30 in the morning and continue harassing passengers till 8:00 in the evening.

They come in a group and demand minimum Rs.10/ from each male passenger. They don't ever spare young college going boys and harass them by filthy language and criticizing them in front of all. Now a days they became even more worse than before. They come in a group and demand money and if one is not interested to give then they start pinching him with filthy language if still they didn't get money they start activities like pulling the private parts of the man or boy forcefully, pushing the man/boy under their wearing apparels like petticoat and saree and make them breathless. Some Eunuchs even start pulling valuables from the male passengers whatever they find in their hand. Recently one of my colleagues has noticed one couple of middle age were travelling from Bhubaneswar to Visakhapatnam. The Eunuchs grouped around five went to them and demanded money from the man.

When he refused to give they started pulling him and abusing him. Soon the wife of that man protested saying why you are insisting him when he refused to give and please leave him. Then the Eunuchs started abusing the lady and said the man is their husband they will sleep with him in front of her. They started even more abusive language which a civilized person cannot even speak to a lady. The co-passengers in that coach never dared to argue with the Eunuchs and no one supported the poor lady. When my colleague stand supporting the lady, the Eunuchs gathered and put the charge of illegal affair between the lady and supporting man. The whole passengers were looking the entire thing like an entertainment. These kinds of incidents became regular in trains. The GRP and TTEs have hardly done anything against the Eunuchs. Passengers are facing lots of trouble due to hike in ticket fare and secondly they have to face many groups of Eunuchs in train who demand Rs.10/- from each man/boy whereas many groups of Eunuchs enter into the same coach any every next station and they say that group is different and you give money to us now. Now it is the time for the Govt to make stringent Law to punish such kind of Eunuchs who create trouble to passengers and who demand money for nothing.

Besides Govt action public unity against such kind of extortion by Eunuchs is highly needed in our society. If everyone thinks like what is the need to argue if I'll pay then such kind of extortion will raise for ever and common man has to suffer without getting g support. Below I have cited several articles from different news papers and web publications related to such incidents throughout the country.

1) EUNUCH ABUSES FAMILY ON TRAIN, SPITS ON THEM, HELD By Virat Singh, Mumbai Mirror | Jun 9, 2015, 12.19 AM IST

A 24-year-old Jogeshwari resident, who nabbed got a eunuch booked by cops on Monday for abusing her family on a train and spitting on her younger sister, has written to the Western Railway general manager urging that serious note be taken of the growing nuisance posed by eunuchs on trains. Deepali Ghosalkar (24), an assistant professor in Chiplun, was in Mumbai with her family on holiday when the incident occurred on Saturday. "Along with my mother and younger sister Ashwini I boarded a second class ladies compartment of a Churchgate-bound slow local from Jogeshwari. A eunuch got in at Bandra or Mahim and started collecting money from passengers. We ignored the eunuch's demand for money," said Ghosalkar. The eunuch, however, was insistent and began getting irritated when the Ghosalkars refused to comply. "She asked a women sitting opposite us to move aside and occupied her place, saying she will not leave till we paid her. When I refused to do so, she started hurling obscenities at me and my family," she said. The eunuch did not stop at that. When the train halted at Matunga, she got off and came to the window and continued to abuse them. "She was still abusing us when the train started moving, and spat on my sister," Ghosalkar said. Shocked and angered, the Ghosalkars initially planned to return to the station and lodging a police complaint, but dropped it suspecting the cops wouldn't do anything.

"I started speaking to friends and relatives about the incident. I soon realised that many of them had suffered. I thought I should take a stand as not only was I angry about what my family had to face, I also felt this nuisance should be stopped. On Monday, I reached Matunga railway station and gave the Station Master a written complaint. He called in GRP staff who asked me to call a helpline number if I should spot her. They also said they would be on the lookout," she added. While she was lodging the complaint, a vendor came up and said she had witnessed the incident on Saturday, and had seen the same eunuch slapping a woman for not paying up and jumping off the train two days ago.

"I was standing on the platform wondering what would come of my complaint, when I saw her getting off a train. I immediately dialled the helpline number while my brother alerted the GRP standing nearby. We managed to nab her and she was taken to the Mumbai Central GRP. Though the police did not accept a written complaint from me, they assured action against the eunuch, who was identified as Kajal," she said. Dipesh Tank, an advertising executive who started War Against Railway Rowdies (WARR), said, "Many eunuchs simply leave when ignored, but some are a major nuisance and have become a big problem for commuters. They harass and even abuse passengers, forcing them to pay money. The railways should take consistent action against such elements. Our society needs to learn to accept them so that they can get jobs and are not forced to beg." 2) Eunuchs grab Rs 5,000 from man, push him out of moving train in Pune Asseem Shaikh | TNN | Aug 27, 2015, 04.50 AM IST PUNE: Harassment from eunuchs, especially on trains, touched scary heights on Tuesday.

An argument with an aggressive group over giving them money landed a 24-year-old man in Sassoon General Hospital's intensive care unit with multiple head injuries. He is unconscious and in a serious condition. . . Three eunuchs robbed Dilip Gavai, a labourer from Buldhana, of Rs 5,000 and then pushed him out of Azad Hind Express's general compartment while the train was moving, at Loni Kalbhor near Pune on Tuesday around 6am. Gavai was carrying the money to pay for his stay in Pune. The Pune railway police have arrested three eunuchs Sweety Dodke (21), Sonali Dodke (25) and Priya Dodke (20) from Laxminagar in Yerawada on charges of dacoity based on a complaint filed by a co-passenger. Gavai and his friends Javed Shaikh and Mubeen Shaikh had boarded the train from Shegaon railway station for Pune on Monday at 7.45pm. "We were in the middle of the compartment while the train was nearing Pune. We saw eight to 10 eunuchs demanding and forcing passengers to give them money.

Some tribal people, also travelling in the same compartment, refused to pay them. They were beaten up. We then moved ahead and stood near the door. One of them broke a tube light with a sandal, picked up a glass portion and hit me on my head and forced me to pay Rs 20 each to two of them," said Javed. A few more eunuchs joined them and they asked Gavai to pay. "He removed the Rs 5,000 in a bundle from his pocket and was about to give them Rs 100, when a eunuch snatched the money from his hand and pushed him out of the moving train. They pulled the emergency chain and fled after the train stopped a little ahead of Loni Kalbhor station." Mubeen jumped from the train and rushed to Gavai. With help from some passengers, he picked him up and took him to the railway station's platform, Javed said. "Some policemen from the railway protection force took me into custody when they saw me jumping out of the train. They accused me of pulling the chain, checked my ticket and sought reasons for leaving the train midway. When I explained what had happened, they arranged an ambulance to take Gavai to Sassoon hospital," Javed added. Mubeen said the eunuchs checked Gavai's pocket before pushing him out of the moving train.

"Some fled to other compartments and others jumped off the train after it stopped. The passengers were so terrified that none of them came to our rescue in the train. We could take Gavai to hospital because the policemen helped," he added. When they went to the railway police station to register a complaint, a policemen showed them three photographs. "They were arrested after we identified the eunuchs," Mubeen added. The victim's mother Padma Gavai, who rushed to the hospital from Buldhana, said, "My son is the sole earning member. He has a wife, son and daughter. He visits Pune often when he is called for work at construction sites. We don't have any other source of income. We have appealed to police to act against eunuchs harassing passengers." Sassoon hospital's medical superintendent D G Kulkarni said Gavai was admitted to the trauma intensive care unit on Tuesday at 8am. "He has internal brain hemorrhage and wounds on the right side of his head. He is unconscious though his pulse and blood pressure are normal. He has been put on ventilator support and is under observation," he added. Superintendent of police Vishwa Pansare (railways) said the eunuchs had boarded the train from Daund railway station. "They were collecting money from passengers. There was an argument and they pushed Gavai out of the moving train. We have taken strong action against those arrested under section 395 (dacoity) of Indian Penal Code and launched a massive hunt for the others."

"Bandobast has been improved. Four armed policemen have been posted at Thakurwadi after six passengers of the Pune-Gwalior Express were robbed near Khandala. Miscreants damaged the hose pipe of a signal and attempted to rob passengers of the Mumbai-Kolhapur Sahyadari Express in Phursungi. We will deploy more policemen at vulnerable points to prevent train dacoities," Pansare added. TOP COMMENT Forget dacoities which are a one off, but these eunuchs on trains are a very common sight. Cops get HAFTA from them are very confident travelling on trains demanding money from Passengers. They have fixed trains for certain eununchs. I travel frequently on certain trains and some of them are always seen on a particular route. They touch passengers, use foul language and try to extort money. Railway authorities seem to be turning a blind eye as they are either incompetent to take action or they get money from the eununchs. 3) Harassed, beaten up by eunuchs, say Goa Express passenger Express News Service , Express News Service : Pune, Tue Jul 30 2013, 03:20 hrs A group of eunuchs allegedly entered the general compartments of Vasco-Hazrat Nizamuddin Goa Express, beat up passengers and extorted money from them on Monday morning, it is learnt. Commuters complained that while they had been regularly harassed by eunuchs on the train, the Railway Protection Force (RPF) and the Government Railway Police (GRP) never took the matter seriously. On Monday too, the police did not lodge a formal complaint, they alleged. According to the passengers, the train departed from Pune station at 4.15 am and all was well till it reached Shrirampur at 9 am. "There were some eunuchs already on the train but they were just asking for money without troubling passengers much. However, when the train reached Shrirampur, a group of seven eunuchs boarded the general compartments and started beating up travellers who refused to give them money. They hurled abuses at the passengers and extorted Rs 50-100 from each of them. Those who resisted were slapped, punched and humiliated," Ramesh K R, a passenger, told Newsline Ramesh said the eunuchs didn't even spare women. "If the men accompanying them hesitated to pay, they threatened and abused the women passengers. The ordeal continued for about 45 minutes after which the eunuchs deboarded the train at Kopergaon."

The passengers said they approached the police at the Kopergaon station, but they failed to address the issue. While the railway administration and the RPF claim to have conducted several drives to check the menace, the problem continues to persist. The problem, passengers said, was most serious on Pune-Mumbai trains. Siddharth Sharma, a bank employee who travels frequently between the two cities, said, "I am a witness to innumerable instances when passengers were beaten up by eunuchs or men posing as eunuchs who try to earn easy money. RPF or GRP men also do not take serious cognisance of the matter when approached. The situation is so bad that passengers consider paying the eunuchs instead of going to the police. 4) Railway authority assures action against "harassing" eunuchs Monday, 08 February 2016 - 7:05pm IST | Kunal Chonkar | Edited by: Prutha Bhosle A bunch of railway commuters are venting ire against the transgender community for allegedly "harassing" them in the suburban Mumbai locals between Dadar and Marine Lines stations. "When someone refuses to give them money, they abuse, pass sexual illicit taunts, pull up their saris and even hit the head of passengers," commuter Raman Jain from Elphinstone Road said. On January 16, Jain himself became a victim of one such attack, wherein a eunuch slapped the businessman for refusing to give him Rs 100.

"It was Poornima (full-moon night), when the attack happened. I and three other friends were chatting while on our way back from work, when the hijra entered the compartment at Charni Road Station. He started demanding Rs 100 from us. When we refused, first he started rubbing his chest against our back and when we shouted at him to go away, he slapped me and fled from the train at the next station," Jain recounted his experience on phone with iamin. Jain registered a complaint with the police unit at Grant Road station, with investigations yet going on to trace the eunuch. According to latest figures - over two dozen complaints have been filed since January, proving that the 'effective' patrolling and checks carried out by the Railway Police Force (RPF) have proved to be ineffective on all grounds. While, Jain is one of the many men who have been recently attacked by the transgender, even women commuters have experienced similar incidents in the train. For 45-year-old Rajshri Patil (name changed on request), nurse at the Cancer Patients Aid Association in south Mumbai, January 29 was a day of sheer shock. She was encountered by a hijra inside ladies compartment of a Churchgate-bound local at the Lower Parel Station.

"When I refused to pay and the eunuch just started pulling my bag. When fellow passengers raised their voices, the hijra pulled my saree, in attempts to undrape it, and ran away. I was shocked and am still frightened till date from that incident," Patil said. In June of 2015, a young woman was abused and spat at by a eunuch inside a train at Matunga Station. Deepali Ghosalkar (24) refused to pay to the hijra, who continued to abuse the teacher and finally spat at her, before alighting from the train at the station. Meanwhile, the police officers assigned to protect passengers are just helpless over the issue. "The problem of hijras is not new. It was and continues to be an eyesore for us. We patrol our stations regularly, but they create a mess even after you have detained them," a senior RPF officer said. He explained that, by law, the hijras can be booked under Sec 145(B) - for creating nuisance, "However, upon producing them in the court, they are treated as handicapped and let off only with a warning." "What more can we do? We try to steer them away from stations, but they jump from compartment to compartment and switch trains in a tick," the officer said.

Meanwhile, defending the stance of railways against eunuchs and their menace, Chief Public Relations Officer, AK Singh said, "It is not that, we do not act or take action. Work is been done and vigil is been maintained, but commuters must not give them money at any cost." 5) Extortion by eunuchs in trains under NHRC scanner By: Legal Correspondent | Last Updated: Sunday, 20 December 2015 10:11 AM-ABP LIVE New Delhi: The National Human Rights Commission has asked the railways to explain why they shouldn't pay a Rs 1 lakh compensation to the family of a passenger who was stabbed to death on a train after refusing an extortion demand from alleged eunuchs. The commission has also asked the railway authorities to explain what they have done to curb the threat of eunuchs harassing train passengers in various parts of the country. Activist lawyer Radhakanta Tripathy had complained to the rights body in November last year about the murder of Mahervan Devipujak, a young man from Madhya Pradesh, on the Jabalpur-Somnath Express a few days earlier. He said that two alleged eunuchs, Mahi Kunwar and Shalini, had demanded Rs 100 from Devipujak while the train was passing through Nadiad in Gujarat, and stabbed him when he refused. J.N. Bodat, a sub-inspector attached to the nearby Anand railway police station, too had reported the incident, the complaint added. According to Tripathy, extortion by eunuchs has become a problem at various railway stations and must be curbed.

He has cited the example of the stretch between Jajpur and Bhadrak railway stations in Odisha, where he says extortion by eunuchs is rampant. Tripathy has alleged that extortion of passengers inside trains, in the garb of begging for alms, is a serious violation of human rights and sought the commission's intervention. After satisfying itself prima facie about the contents of the complaint, the commission said the incident reflected clear negligence on the part of the railways, who had failed to prevent gross violation of a passenger's human rights inside a train. Therefore, the chairman, railway board, is directed to show cause under Section 18(a)(i) of the PHR (Protection of Human Rights) Act, 1993, as to why a compensation of Rs 100,000 should not be recommended to be paid to the next of kin of the deceased within six weeks its order said, The compliance report must indicate what steps have been taken by the railway authorities to prevent repetition of such incidents in future. Response within six weeks. The Telegraph, Kolkata

6) DECCAN CHRONICLE. Published Jun 3, 2016, 4:01 am IST Visakhapatnam:

As the harassment by transgenders is found to be one of the major dissatisfaction for railway passengers, the Waltair division of East Coat Railway has fined 398 transgender in the last financial year as part of its safety and security drive. The fines were imposed on the eunuchs for harassing the passengers, arguing with TTEs and violating basic rules, said a railway official. In last year's fortnight-long programme on Passenger and Customer Facilitation, passengers had complained that eunuchs were resorting to forcible collection of money and causing trouble to them. Hence, the enforcement officials had been asked to take stringent action against the eunuchs indulging in such practices.

The Indian Railways have started acting tough against transgenders after the National Human Rights Commission had sought a reply from the railway authorities asking about the steps taken to handle the problem. Government Railway Police, Vizag said that they have noticed that some transgenders of Odisha, West Bengal and also Bihar have migrated to Vizag and Vizianagaram areas. The inter-state eunuchs are causing more inconveniences than the local hijras. Inspector of Government Railway Police, Vizag, and G. Koteswara Rao said they are taking stringent action against the hijras to curb such menace. The cops are counselling the hijras at regular intervals to bring a change in their mindset, he said.


Comments for this Article



asha rao

asha rao

Wrote on 13 June 2016 
Thanks Ravi for the burning issue in the trains. It is embarrassing for alone lady travelers like me.


j venkata krishna

j venkata krishna

Wrote on 12 June 2016 
Thank you Ravi. The article reminded me of the embarassment few years ago. However, railways are unable to take proper action. Railway Min. Suresh Prabhu, please have a look at this menace, which should be part of Swach Bharat.


A.A.JOSE BARODA

A.A.JOSE BARODA

Wrote on 08 June 2016 
Mr.Ravi Kumar Achary, Perhaps,if you can tweet this to the Railway Minister Mr.Suresh Prabhu,some positive actions can be expected.

(Source- Lawyers Club of India website)

Touts of courts : By Ajay Bansal, Adv

 

Do you  know who is the most important person for any advocate, either practising at lower court or at District Court or at High Court or at Supreme Court, from last 22-24 years in India. The answer is ‘ Tout ’.

A person, who brings court’s work for an advocate, on commission basis, is known as ‘ Tout ’. The quantity of briefs of an advocate is not depend upon his/her efficiency, knowledge of law, ability, seniority, honesty, competency and performance etc., rather same is a result of his/her maintaining ‘ Touts ’.

Now one would ask what do you mean by ‘ Tout ’. Let me tell. A ‘ Tout ’ is a person, who induces/instigates, on the basis of falsity, any party of a court’s case/complaint/matter to engage any particular lawyer for conduction of said case/complaint/matter in the court. The fee of said lawyer in that  court’s case/complaint/matter is also settled by said ‘ Tout ’. After getting part/full payment of said fee by said lawyer from that party, about fifty percent of that payment is given to ' Tout ' by said lawyer. In this way the fifty percent of total received fee in question goes into pocket of ' Tout '.

This 'Tout ' is not bound to have any academic qualification and license from any agency to do that work of tout-ism. Anybody can become ' Tout '. 

Now a days mostly ' Touts ' are among lawyer's clerks, Private Typists of courts, Private Draft-Men of courts, Officials of Courts of any rank, Officials of department of Police of any rank, Officials of department of Jail of any rank, Officials of department of Revenue of any rank, Officials of private/public Hospitals of any rank, Officials of Public/Private Banks and Assurance Companies of every level, Officials of any other Government and Private department, Officials of local Bar of Courts of every type,Officials of court's canteens of any type, Sweepers and Blacksmiths of  courts and other localities of cities and villages, Municipal Councils, Members of Gram Panchayat, Politician of any level, Persons having civil and criminal court's cases of their own etc. Even advocates himself/herself are doing job of ' Tout ' for other advocates.
 

Most of advocates give as much respect to any of ' Tout ' as given by them to any respectable elder member of their family. Earnings of most of ' Touts ' are much higher then most of advocates of India. Sycophancy of a ' Tout ' has become the only religion of all most all advocates of India. Now if any advocate wants to shine his/her advocacy in India, then it has become very necessary for him/her to adopt said religion of sycophancy of  ' Tout '.


Comments for this Article



R.Manthramurthy

R.Manthramurthy

Wrote on 13 June 2016 
Then there is the practice of the advocate engaged by the client to seek he service of senior/more experienced advocate colleagues. the client pays double fees!


R.Manthramurthy

R.Manthramurthy

Wrote on 13 June 2016 
the author has not tried to suggest solution to the problem. The advocate associations should circulate/publish their list of advocates specialising in various fields and their contact email ids and phone nos


asha rao

asha rao

Wrote on 13 June 2016 
Thanks for the truth. These touts have indirect access to even judges. It is shame for judiciary.

(Source- Lawyers Club of India blog)

Conceal, mislead, convict: That's no victory : By Bapoo M. Malcolm, Adv.

A lawyer died
His wake was big, the cortege long.
Seems that he had done no wrong.
He lay in state, seemed free of sin,
But in hand, each mourner, had a pin.
Each pricked the corpse, nNo word was said,
They just made sure, the man was dead.

Readers are free to decide on the veracity.
    
Lawyers get a bad name because our system of litigation is adversarial. One person has to lose and therefore the other’s advocate becomes the villain. No one faults the adversary himself. Always the lawyer. Sometimes, however, the lawyer deserves to be vilified.
    
Courts decide matters on proof. Documentary proof is best. Followed by verbal testimony and cross-examination. Almost every time that proof does exist, yet, often, the courts are unaware of its existence. A decision by a court, in such a case, may be flawed. Who then is to be blamed?

Our laws require that all proof must be put on the table; even if is adverse to one’s interest. This axiom follows from the belief that the primary duty of a court of law is to find the truth. Orders, judgements, convictions, acquittals, awards, fines, dismissals flow from that. Without access to the truth, the court is handicapped.
  
Our laws require that all proof must be put on the table; even if is adverse to one’s interest. This axiom follows from the belief that the primary duty of a court of law is to find the truth. Orders, judgements, convictions, acquittals, awards, fines, dismissals flow from that. Without access to the truth, the court is handicapped.
    
What is stated above must be news, or anathema, to our readers. The standard reaction of most litigants is, “Why should I produce this as evidence?”, when asked to present the inconvenient truths. But the law demands it. Hide-and-seek is not a game that courts play. They can come down heavily on those who conceal vital evidence. The same is also true with concocted proof and perjury.
    
Public Prosecutors are appointed by the State, meaning the government, to conduct criminal trials. Their results are show-cased for all to see, especially in high publicity issues. They often become superstars. But what if they fail?
    
Losing one’s job, or losing an election to this office, is not palatable to most lawyers. They will die a thousand deaths for a conviction. It is this pressure that leads some astray, and the police is often there to help with manufactured proof.

YOU BE THE JUDGE in these trials.

a) Mr. X knows that his opponent, Mr. B, has some vital documents that will prove X right. B wants to hide them. X asks the judge to force B to produce the important proof. What can the judge do?

b) X says that he needs some documents to prove his case but does not have them.  B has them. What should B do?

c) A man is convicted because the prosecutor did not reveal all he knew about the man’s innocence. Later on, the proof is out, but, by then, the man has spent 18 years in prison. Can the prosecutor be punished?
    
In the first case, if the judge demands the papers from B, B will have to produce them. Otherwise B can lose his case. He may also be held in contempt, obstruction of justice and wrongful harassment of Mr. X, beside a host of other crimes.
   
In the second case, it is the duty of B to inform the court that B has the documents with him and will produce them, not to help the opponent, but to “Assist the Court”. We did exactly that two days ago, in a civil case.
    
The third is one example of many such trials culminating in wrongful imprisonment. After a recent American study, 20% of those convicted were set free; all victims of malicious prosecution. Many of the affected sued the government agencies and were compensated. Unfortunately, only ONE prosecutor was punished. A low level functionary, he lost his license to practice. That’s all!
    
Faced with similar situations, what can litigants do? They must ask their lawyers to apply to the court for documents withheld by the other side. The law permits this and it is codified in Order 11, Rule 21 of The Code of Civil Procedure. It can save months of delay.

It’s a law is just waiting to be used.

(Source- Lawyers Club of India blog)

Sunday, August 2, 2015

Yakub's Angels

Hi All,

Some times, I do hope that the next terrorist attack by the likes of the late Yakub should be at the offices of the TOI/HT/ Indian Express and at the offices of the clan which goes by the nomenclature  " Left Intellectuals ". But, then  I tell myself  that this thinking  will remain only as a "Wishful" one because the terrorists will be loathe to strike at their own support bases!.Don't these idiots  realise that they are striking at the very roots of the idea of a nation , by giving dis proportionate importance to terrorists who have been found "Guilty" by our judicial system even after 22 years of trials and appeals ?. Have we reached a stage, where cherished values matter no more?.Read the following lines.
Bala 
---------- Forwarded message ----------Saturday, August 1, 2015
================================================================================ 
Read these words: “The blast victims are calling it justice. But look at Bada Qabrastan, and tell me if this looks like closure. Or, the start of something”. That comes from one among thousands who attended the funeral of Yakub Memon, convicted and hanged, on July 30, for the Bombay blasts of 1993. A very large crowd of Muslims mourned Memon. A terrorist was turned into some kind of hero by the media and some 5-star activists. Before we move on, let’s refresh. The serial bomb-blasts were made of 13 bombs placed at crowded locations. It was also the first time many Indians learned about RDX, the deadly explosive. For the record, it was also the first serial bomb-blast across the world. If you read about such an attack today or watched the events on TV, I’m sure your blood would boil enough to seek instant death for the perpetrators. But 22 years later Yakub (one of the key perpetrators) has been turned into some kind of hero for the Sickulars. How did things come to such a pass?
 
The SC handed out a death sentence to Yakub. This was confirmed in a review petition and the President also rejected his mercy petition in April 2014. Everything was peaceful and forgotten till the Maharashtra govt announced around July 15 that Yakub would be hanged on July 30. All hell broke loose. Suddenly, a host of lawyers, media crooks and hacktivists sprang up from nowhere to seek commutation of death sentence, mercy for his crime and so on. Over 250 so-called “eminent” persons petitioned the President for mercy and this is a small list from The Hindu:
 
http://1.bp.blogspot.com/-Dg9KcZbV1RU/Vbt9hkWCKeI/AAAAAAAAG9w/FBmVEC02HU4/s1600/2.%2BPetition%2BYakub.jpg
And among the many Rudaalis from Politics, media and other assorted hacktivists who glorify terrorists and seek sympathy for them are the following:
 
http://3.bp.blogspot.com/-IYRwYLZYvvU/Vbt9sO-joRI/AAAAAAAAG-A/zMVLc81gcB0/s400/2a.%2BMediaPol%2BActivists.jpg
First, many of them claimed the evidence was flawed – FALSE. Then they claimed Yakub had surrendered (Based on some unpublished note of the late RAW officer B.Raman cleverly exploited by Sheela Bhatt of Rediff) so deserved sympathy and not death sentence – FALSE. Then when none of that could be backed by reason, they claimed they were against death penalty in principle. In short, save Yakub by hook or crook even when the SC had gone through his case with a fine tooth-comb. Let’s look at some of the hypocrites where death penalty is concerned. Some of the hacktivists are the same ones who frequently scream “Death to the rapists” after every incident of rape.
 
http://4.bp.blogspot.com/-zpjGOxeO9o0/Vbt96b-aAQI/AAAAAAAAG-I/Us2aULP8VqM/s400/3.%2BBarkha%2BSagarika%2BNirbhaya.jpg
http://1.bp.blogspot.com/-dEEmswnleWw/Vbt-BhAavrI/AAAAAAAAG-Q/PrVJ8NpruC4/s400/4.%2BRanaAyyub%2BAgt%2BDeath.jpg
Hypocrisy on the issue was flowing like a river during floods. There are many other such hypocrites but I will have to save space and not make this anymore lengthy. From July 28 onward petition after petition was filed by Yakub’s lawyers while another mercy petition was submitted to the President. July 29 evening the SC rejected the final appeal and the President too rejected the mercy petition. Wait! It wasn’t over!
 
http://4.bp.blogspot.com/-i6dqm2GuE74/Vbt-YFeAkyI/AAAAAAAAG-Y/NOnkAcvUJJU/s1600/5.%2BMC%2BMidnight%2BOil.jpg
Late in the night the lawyers of Yakub filed another petition at the residence of CJI seeking a 14 day gap to the execution. All frivolous attempts to somehow stall the inevitable. It is commendable that the CJI again convened the court early hours on July 30 to hear the final appeal. This too was rejected. That the CJI and SC gave so much latitude is worthy of applause. This wasn’t a routine bail case – it was a case of a man’s life hanging in the balance and the CJI did the right thing and a splendid job. The ones who failed our judiciary were Yakub’s lawyers, our criminal media and activists.
 
The lead lawyer for Yakub, Anand Grover, after the final appeal was rejected by SC early morning on July 30 claimed he had no motives for defending Yakub and was doing it pro-bono. However, he blurted out unconsciously that he was doing this “because he was against Modi”. That’s the real long and short of it. All this nonsense was rightly described by the AG, Mukul Rohtagi, as “abuse of process”. Yakub’s lawyers were abusing the process of law which provided them such luxurious latitude. The abuse of law and the process was merely because of political persuasions and not because of any quest for justice. This is something law-makers will have to address to prevent such frivolous burning of midnight oil for an unworthy cause. It is the same with all the media crooks. They too crooned for Yakub only because of their political persuasions – Hatred for Modi and portray him as the person under whom another Muslim would be hanged. Simple! Political hatred and money, of course:
 
http://3.bp.blogspot.com/-L3by6-6UJc8/Vbt-lI-27lI/AAAAAAAAG-g/nCJHCoOj6fs/s320/6.%2BMadhuKishwar%2BMoney.jpg
People are not fooled. Almost everyone suspects the lawyers, activists and media have a huge amount of cash-flow from some yet “unknown” sources that promote Islamic extremism and domination. Although the noise was much less then, similar voices started agitating against the hanging of Kasab and Afzal Guru(both were hanged secretly by the previous govt unlike Yakub).
 
http://2.bp.blogspot.com/-uQfZRKkBYEY/Vbt-vJRV7_I/AAAAAAAAG-o/RIMiwcGYkzI/s200/7.%2BJaising%2BYakub.jpg
Grover, Yakub’s lawyer, even went on to quote Shekhar Gupta’s stupid argument – that the Home Minister was chasing crooks like Teesta and NGOs instead of preventing attacks like Gurdaspur being one of his motives to defend Yakub. Are you serious? This is one of your stupid motives for defending Yakub? This is truly shameful for a highly placed lawyer because there is no context or connection. All those who defended and wanted mercy for Yakub had no real motive for justice other than their political persuasions and possibly cash-flow. Many activists and media morons went to the extreme of even slamming the SC for being unfair. This, when the SC had stretched itself beyond normal to repeatedly hear petitions for Yakub way into the early hours of July 30 and stretching the legal process for a terrorist that would never be done for other ordinary persons. Here’s Indira Jaising, a defender of Teesta (and wife of Anand Grover) mercilessly slamming the SC. Shameful conduct!
 
And it went on and on and on till the final hammer of SC came down on the appeals around 5am on July 30. “The defence never rests” and it never should is what I consider one my best articles. But stretching it to frivolous levels is not defence but abuse of process motivated by political persuasions and perhaps truckloads of money. Rudaali-in-Chief Barkha Dutt stayed up all night and when the inevitable happened, she rushed to Mumbai to meet victims of Yakub and the 1993 blasts and scavenge on their misery. One way or another feed on the wounds of any kind. That’s our media. And, of course, I have even heard stupid questions like whether hanging Yakub would deter anything. Here’s one sample of such stupidity:
 
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There have been many train bombings in Mumbai since 1993. There have been many terrorist attacks since 1993, thousands have died. Each time the Rudaalis demand sparing the terrorist as it doesn’t deter further such acts. The media glorifies terrorists and some Track-2 media idiots also hobnob with ISI operatives in Pakistan in multiple visits. This is downright illogical stupidity. There are laws and punishment for rapes, thefts and murders – Do such laws or punishments deter such crimes at all? Laws and punishments are no deterrent for “evil” that resides within some men and women. There is no cure for that. Most people would have had no problems had Yakub Memon’s sentence been commuted to life instead of death. But the severe chest-beating by all these crooks only made the public angrier. As against petitions to the President for mercy, some victims also started petitions to the President for death to Yakub. I estimated many in the public wanted death for Yakub not so much because they wanted him dead but because they hold these chest-beaters and terrorist-sympathisers in greater contempt.
 
http://1.bp.blogspot.com/-i37wf1Tu8Yg/Vbt_Ng02YAI/AAAAAAAAG-4/keNfZmkQpYQ/s320/9.%2BMC%2BPpl%2Bnot%2Benthused.jpg
There are many more media houses but I have named only a few due to text limits. Life sentence is sometimes worse than death. As Mr Red so philosophically says in “Shawshank” – “They send you here for life, and that's exactly what they take away”.
 
Either way, those sympathising with a criminal like Yakub are no less criminals (I don’t include his defence lawyers in this). There are other reasons for death sentence. India has paid a heavy price in the past. Most people remember the hijacking of IC814 in December 1999 when we succumbed and released three extreme terrorists who have now set up new terror outfits in Pakistan. There’s the case of Maqbool Butt who wasn’t executed and an Indian diplomat in London was kidnapped and murdered – IndiraG later approved the hanging of Butt (read here). And all those hypocrites who claim to be against death penalty in principle remained absolutely silent when India (under UPA) voted in the UN against its abolishment. I don’t suggest India should have gone with the UN proposal but these campaigners remained silent, including the happy-tongue-hypocrite Shashi Tharoor. Terrorists may kill one of a family only once but our media and activists kill the victims’ families over and over again.
 
http://1.bp.blogspot.com/-qfbYMGk_bPA/Vbt_Zaky70I/AAAAAAAAG_A/cq6frM8bzxw/s320/10.%2BMC%2BTerror%2Bkill%2Bonce.jpg
Defence lawyers plead for proper process and proper administration of justice for the criminal. If at all the media or activists campaign for anything it should be for justice for the victims. It is the opposite in India and the reason is very simple – POLITICS & MONEY! And just how well do Yakub’s Angels look after him? Here’s the Indian Express (one among many) who grandly splashed his funeral on the front page:
 
http://3.bp.blogspot.com/-nIHkdXZgOTQ/Vbt_gDolztI/AAAAAAAAG_I/rECe42VsBrA/s320/11.%2BIE%2BFrontPage%2BYakub.jpg
And the headline says “THEY” hanged him? Who the hell is THEY? The Hindus? The BJP? A wretched country called India? Or The President of India and our judiciary? Yakub’s death was merited by the law and not some individual, group or entity. Such extreme filth to honour a criminal and a terrorist! Naturally, more and more terrorists will rejoice the support they find in our media and with criminal activists. The popular president, Dr. Kalam’s funeral is consigned to a column on the margin. And even there IE displays its filthy political pursuit – the PM was there so too other senior ministers, but their grand choice of a pic at the funeral is the worthless juvenile retard that does nothing for India and is mostly abroad. Now you know who the entities IE and other media house bat for! Naturally, it emboldens terrorists to issue more threats as a friend of Yakub did:
 
http://2.bp.blogspot.com/-c21QwCaa3wc/Vbt_pVBd0LI/AAAAAAAAG_Q/bxi8CL-YrXE/s320/12.%2BYakub%2BShakeel%2BTOI.jpg
A coward sits in a hole in some foreign country. He issues threats to India because he has support from our media and criminal activists. He knows he has great support with these anti-nationals and our fake intellectuals. Parties like CPM and CPI want the death penalty abolished – guys who have murder as their political policy. There are Rudaalis like Kavita Krishnan who hold candle vigils for terrorists while her party too (CPI-ML) and associated Naxals slaughter people as a routine. Yakub Memon acknowledges guilt and seeks forgiveness while these little terror-supporters bat for him. But more than all that GOI must start acting against internal unarmed terrorists who pass as Yakub’s angels in our media and NGOs. They aren’t holed out abroad, these traitors are right here amongst us. These are sleeper cells that are angels for terrorists.
-- 
(SOURCE - Via - E-Mail from Colonel  N K Balakrishnan ( Retd ))

Tuesday, February 24, 2015

Supreme Court sets bar on suspension of govt employees

  • Satya Prakash, Hindustan Times, New Delhi
  •  | 
  • Updated: Feb 17, 2015 01:11 IST

The government, however, was free to transfer the officer concerned to any department in any of its offices to ensure the employee did not misuse contacts for obstructing the probe, the SC said.


Based on the principle of human dignity and the right to speedy trial, the landmark verdict is expected to affect lakhs of government employees across India, many of whom are under suspension for years pending departmental proceedings.
"Suspension, specially preceding the formulation of charges, is essentially transitory or temporary in nature, and must perforce be of short duration," a bench headed by justice Vikramjit Sen said.
If the charge sheet or memorandum of charges was served within three month, the suspension could be extended, it ruled.
"If it (suspension) is for an indeterminate period or if its renewal is not based on sound reasoning…, this would render it punitive in nature," the court said.
It agreed with petitioner's senior counsel Nidhesh Gupta that a suspension order can't continue for an unreasonably long period.
Protracted periods of suspension had become the norm and not the exception that they ought to be, the court said. It drew a parallel with criminal investigation wherein a person accused of heinous crime is released from jail after the expiry of 90 days if police fail to file the charge sheet.
The suspended persons suffers even before being charged and "his torment is his knowledge that if and when charged, it will inexorably take an inordinate time for the inquisition or inquiry to come to its culmination". "Much too often this has now become an accompaniment to retirement," the court said, setting aside a direction of the central vigilance commission that required departmental proceedings to be kept in abeyance pending a criminal investigation.
The government, however, was free to transfer the officer concerned to any department in any of its offices to ensure the employee did not misuse contacts for obstructing the probe, the court said.
The order came on a petition filed by defence estate officer Ajay Kumar Choudhary, who was suspended in September 2011 for allegedly issuing wrong no-objection certificates for the use of a four-acre land parcel in Kashmir. After failing to get relief from the Delhi high court, Choudhary had moved the top court in 2013.
Since a charge sheet had already been served on Choudhary, these directions would not apply to his case, the court said.
(Source- HT)