[IAC#RG] FUNCTIONING OF INDIAN JUDICIAL SYSTEM QUESTIONED

Sh. Altmas Kabir,

Honourable Chief Justice,

Supreme Court of India,

New Delhi

 

Sir,

FUNCTIONING OF INDIAN JUDICIAL SYSTEM QUESTIONED

 

I wish to draw your pointed attention to the news item appeared in Indian Express as under.(http://www.indianexpress.com/news/fresh-summons-against-congress-mp-mahabal-mishra-in-rape-case/1071400/0) "Fresh summons were today issued by a fast-track court against Congress MP Mahabal Mishra and his family members for their alleged role in the kidnapping and rape of a minor girl in 2006, after he they failed to appear before it.  The fast-track court, set up to try cases of sexual offences against women, directed Mishra, his wife Urmila, daughter Kiran and brother Hira Mishra to "positively" appear before it on February 18, the next date of hearing. The court granted exemption to Mishra and his family members from personal appearance for the day after their counsel submitted that they have not been served with the summons issued earlier as they are not in Delhi. Additional Sessions Judge Virender Bhat allowed the plea saying, "In view of the facts and circumstances, the exemption is granted to the four accused for today. The accused should appear in this court positively on the next date on February 18."

……….

The court had on February 4 asked them to appear before it after going through the case in which they have been accused of wrongfully confining a minor girl. THE VICTIM AND HER FATHER HAD ALLEGED SHE WAS CONFINED AT MISHRA'S OFFICE AT MAHAVIR ENCLAVE IN WEST DELHI AND HIS BROTHER'S HOUSE FOR SOME DAYS AFTER BEING KIDNAPPED AND THAT HIS FAMILY MEMBERS TOLD HER TO MARRY THE PRIME ACCUSED PRADEEP SEHRAWAT WHO FACES THE RAPE CHARGE. The case relates to an incident in November 2006 when Sehrawat had allegedly kidnapped the 16-year-old when she was on her way to tuition in a West Delhi locality. During the proceeding, Delhi Police officials told the court that the summons had been returned unserved as when they had gone to Mishra's residence, his security guard told them that the Congress MP and his family had gone out of Delhi.

 

A magisterial court in 2008 and a sessions court in 2010 had declined to summon Mishra in the case on the ground of lack of evidence and legal provisions. The Delhi High Court in 2012, however, set aside the trial court's order and directed it to consider the case afresh after the girl's father moved the High Court seeking initiation of prosecution of Mishra and his family members, and also one Kanshi Ram, for their alleged involvement in the case.  The High Court had set aside the orders of the sessions and the magisterial courts, saying they were "not based on proper appreciation of the material available on record."

An another news item appears as (http://www.sify.com/news/court-gives-relief-to-congress-mp-mahabal-mishra-news-national-nciv4jhjjde.html )  "In a relief to Congress MP Mahabal Mishra, the Delhi High Court Friday suspended a trial court's summons against him and his brother for their alleged role in the kidnapping and rape of a minor girl in 2006."

 

 

I would like to add here that generally police arrest a common man even on minor charges like disturbance of peace. Unfortunately not only police has not arrested the influential accused persons in such a heinous case but the trial judge has not issued warrants for the purpose in the instant case. While there are no fewer examples when the judges/magistrates issue warrants even in the first instance for appearance of WIRNESSES. One may fail to understand the governing law, implications and circumstances justifying the issuance of warrant or summons by such magistrates and judges. I feel these judges are either unaware of the laws of land or there are some oblique motives behind such issuance or non issuance.

 

I feel the second but more painful thing that when the magistrate and judge declined to summon the influential accused persons the High Court found some substance, and directed to consider the case afresh. To add to one's surprise when the lower court summons these influential persons the High Court (found some infirmity and) suspended summons.  A common man fails to understand that how person may reach a conclusive judgement in such a paradoxical situation and how the (FAST TRACK) courts of the country are being managed or run.  A man of ordinary prudence can't say that there is a good rule of law on the land of India or courts are functioning impartially. I think we will have to overhaul and abandon all our olden laws, systems and practices to rise to global standards.

 

Therefore it requested humbly that your kind honour should conduct introspection, evaluate the situation neutrally and take remedial measures to save the Indian Judiciary from any intrusion. May GOD be with you always and every time to strengthen Republic of India for the good of common man of this democratic country.

 

 

 Sincerely yours

 

 

 

Mani Ram Sharma,

Advocate,

Nakul Niwas, Behind Roadways Depot,

Sardarshahar-331403

Distt. Churu(Raj)

Email ID: mainramsharma@gmail.com                                             Date:      09:02:2013