Tuesday, December 25, 2012

[HumJanenge] RE: VKS should continue with agitation by bring all agitators under his one command

Dear Mr Jain
 
Your 3 suggestions are  good & practical . Regarding increasing the punishment , its already  12 years but unfortinately the conviction rate is barely 24% . In fact this crime of rape is taken very lightly by the perpetrators as well as the administration .Some of the cases , against powerful people , are pending for over a decade.
Justice  Verma Committee has been constituted by the Govt on Amendments to Criminal Laws Relating to Safety & Security of Women. It  has  invited suggestions from the Public on the subject.
 Those can be e mailed  to justice.verma@nic.in 
 
We do hope that the recommendations are implemented retrospectively as swiftly as the Committee has been formed after the public outcry  &  demonsrtrtions  across the country. Implementation will have its  road blocks since quite a few  politicos have cases pending against them for many many years .
 
Regarding your other suggestion that Gen VK Singh should get other orgs of Anna ,Ramdev & AAP under its wings will never   be feasible  because each one of them has a different  thinking & ego too. 
  If it could, It would have been a historical  step & a  force to recon with.
 
Regards
 
Prem


Date: Wed, 26 Dec 2012 09:30:50 +0530
Subject: VKS should continue with agitation by bring all agitators under his one command
From: jainhemraj59@gmail.com

Dear Sir

 

In response to my previous two letters with subject line - 'Your goodness (and other Veterans) should still talk to VKS' -  and -  'VKS should mobilize Anna, Ramdev, AAP etc to join Delhi agitation for special session of Parliament' - I got response from some of our friends (including Veterans) to the effect that Gen VKS was neither arrested nor was in Police / Judicial Custody.

 

If it is so, then it is good news.

 

Why was I under the impression of such arrest or custody is due to simple reason that this impression was give by print, electronic (TV and Internet) media, one such is given below 

 

"[Police said that Baba Ramdev forcefully came at Jantar Mantar along with 5,000 protesters. After reaching at Jantar Mantar, former Army Chief General VK Singh and their associates addressed the crowd and gave objectionable speech. After their objectionable speech, the protesters turned violent and they broke police barricades at Jantar Mantar," the officer added. Police claimed that Baba Ramdev along with his supporters started rioting against the Delhi Police and their supporters created ruckus during the Government work. "A case (for provoking mob, rioting and causing damage to public property) under Sections 186, 353, 147, 148, 149 and 34 of the IPC was registered against them," the officer added]".

 

This is available at http://www.dailypioneer.com/city/117932-four-cases-lodged-over-sunday-rampaging.html 

 

Any body who knows any thing about criminal law knows that these are cognizable and non-bailable offense in which arrest by police is must and bail can not be granted by police but it has to be given by Magistrate only, to whom arrestee is to be produced within 24 Hrs (excluding holiday) of arrest. 

 

But any way, if our friends say that VKS is presently a freeman then we all are happy and request VKS to consider the following suggestions that were given in my said previous two letters :- 

 

This agitation can reach to some meaningful destination within a reasonable short time span if General VKS by bringing all the agitators [including India Against Corruption of Anna, Baba Ramdev, AAP (Kejariwal & ors.) etc. who are already agitating at Jantar Mantar] under his one command (which will stop disorganized & unruly nature of present agitation due to which one constable has also been killed) continue this agitation till following demands are conceded by Government of India by immediately convening the special session of Parliament to legislate :-

 

(1)- Fast track courts all over India to try the rape cases

 

(2)- Expenses for these fast track courts shall be born by Union of India

 

(3)- Punishment for rape should be increased. 

 

Though special session of Parliament and these two demands (1) and (3) of fast-track courts and increased punishment for rape, are being raised by many organization including main opposition party BJP, but they are not serious and not coming on streets (at Jantar Mantar) with agitations and not facing the likelihood of being booked by police under said sections 147 IPC etc. Moreover the talk by Union Government of Judicial Committee and Judicial Commission is unnecessary and talk of fast track courts only for Delhi and not for entire country is no solution to this problem

 

Regarding demand (2) of 'Expenses for these fast track courts to be born by Union of India' no body is raising this demand. Gen VKS should raise this demand too specifically, because without this provision any anti – rape law will be meaningless. This demand may include the following details::-

 

(i)- There should be Reserve of Magistrates and Session Judges in every State, who shall be moved in States as per requirement at lower court and session court and who will try only the cases of rape in fast track courts. 

 

(ii)- Concerned High Court of the State shall depute these Magistrates and Session Judges in Subordinate Courts in the State where ever trial of rape cases is to be undertaken.

 

(iii)- Similarly in High Court and Supreme Court there should be separate Bench for trying rape cases in fast track courts.

 

(iv)- Expenses of these fast track Courts (at Lower, Session, High Court and Supreme Court Levels), of their establishment (staff, furniture, paperwork, building etc) and of their Presiding Officers should be born by Government of India.

 

It is hoped that the friends and colleagues of VKS shall persuade VKS to continue this agitation with above-mentioned demands.

 

Regards 

 

Hem Raj Jain 

 

Bengaluru

 

Ph: 7829074704

 

 

 

 

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