From: Kashyap Vyas [mailto:kashyap@kashyapfinance.com]
Sent: Tuesday, June 02, 2015 11:42 AM
To: 'Rakshpal Abrol'; 'capt beniwal'; 'truevalue_pandian@Yahoo.com'; 'Gopalkrishnan iyer'
Cc: 'vijay99kapoor@yahoo.com'; 'Dr. NC Jain'; 'indiaresists@lists.riseup.net'; 'Janshakti'; 'Barkha Dutt'
Subject: RE: [IAC#RG] WHEN PEOPLE LOSE FAITH IN JUDICIARY , CONSEQUENCES CAN BE ALARMING
Importance: High
Sensitivity: Confidential
JUST WATCH HOW OUR JUDICIARY IS WORKING :-
80 YEARS OLD WOMAN IS BEING FABRICATED IN TO FALSE CRIMINAL CASE AT MUMBAI HIGH COURT ;
THE SAID WOMAN MIGHT SURVIVE FOR 7 TO 14 MONTHS MAXIMUM ; DOES IT MEAN THAT SHE HAS NO RIGHT TO SURVIVE WITH DIGNITY FOR SHORTEST SPAN OF HER LIFE ?
SENIOR WOMAN CITIZEN AGED 80 YEARS IS FIXED IN A FABRICATED WRIT CRIMINAL CASE AT MUMBAI HIGH COURT BY CO-OPERATIVE HOUSING SOCIETY SECRETARY AND CHAIRMAN . ALSO TWO DEDICATED AND HONEST BORIVALI WEST , POLICE STATION OFFICERS ALONG WITH SOCIAL ACTIVIST IS BEING FRAMED IN TO BOGUS CRIMINAL CASE .
CAN ANYBODY HELP ONE SENIOR WOMAN CITIZEN AGED 80 YEARS FROM HARASSMENT CONTINUED SINCE LAST 5 YEARS . SENIOR WOMAN CITIZEN AGED 80 YEARS IS FIXED IN A FABRICATED WRIT CRIMINAL CASE AT MUMBAI HIGH COURT BY CO-OPERATIVE HOUSING SOCIETY SECRETARY AND CHAIRMAN . ALSO TWO DEDICATED AND HONEST BORIVALI WEST , POLICE STATION OFFICERS ALONG WITH SOCIAL ACTIVIST IS BEING FRAMED IN TO BOGUS CRIMINAL CASE .JUST CLICK ON THE FOLLOWING WEB LINKS FOR MORE DETAILS .
A Free assistance from very Professional , Experienced and Capable Criminal Lawyer is required by One 80 Years Old Woman Senior Citizen.
Please it may be noted that the helpless senior Citizen is poor and suffering from varieties of diseases like Diabetes , Blood Pressure etc .And not able to pay any legal fees etc.
Has any Advocate , Lawyer , Authority , Our Community , Public , Politicians And or Judiciary have slightest humanity to protect and save the senior woman citizen (Aged 80 years or more and might survive for 6 months or 12 months maximum) from continual harassment , injustice . She is deliberately & knowingly fixed up in Fabricated Criminal Case at Mumbai High Court . What is her Fault ? She is demanding her lawful Right of FLAT Share Certificate , She is demanding refund of surplus Bombay Municipality Property Tax paid , She is demanding refund of Rs 20,000/- collected illegally from all members of HSG Society ( SRA) BY Society Committee Members in the Name of Formation of SRA Society and no transparent account is disclosed as regards how Huge Money collected is spent .
80 YEARS OLD WOMAN IS BEING FABRICATED IN TO FALSE CRIMINAL CASE :-
It seems intentions is to force evacuate house property of Senior Woman and acquire the same at Rock
Bottom price to earn huge profit of RUPEES 35 to 50 LAKH. We have doubt ( But do not have sufficient evidence ) that Apart from Secretary & Chairman of Concerned SRA Housing Society One more Estate Broker Shri Kanubhai ( who is also Resident of the same SRA Society) is involved in the serious conspiracy
Of Harassment , Torture to helpless poor senior woman with intention to Evacuate the House Property.
I would request to all the authorities to please investigate the matter Transparently & Stringently.
On behalf of The Poor helpless senior woman I Earnestly request you to please give your helping hand so that she can be Protected from Harassment & Torture . The woman maximum can survive at the most for 10 Months to 18 Months . Suffering from all kinds of diseases like Diabetes , Blood pressure etc.
Supreme Court sets up social justice bench , New Delhi December 4, 2014 :
The Supreme Court on Wednesday Set up a social justice bench to deliver speedy access to constitutional rights, particularly those relating to women and children.
The bench will deal exclusively with social matters, including the right to food and medical assistance. The move is designed to ensure that these cases can move quickly through the apex court and, notably, to encourage deeper deliberation on the rights and responsibilities of the state. The Supreme Court said “several cases relating to the domain of ‘social justice’ have been pending for several years” in the apex court, prompting Chief Justice H.L. Dattu to order “that these cases shall be given a specialized approach for their early disposal so that the masses will realise the fruits of the rights provided to them by the constitutional text”.
The two-judge bench comprising Madan B. Lokur and U.U. Lalit will begin sitting from 12 December. The range of issues identified includes access to food for drought-hit people and prevention of premature deaths caused by lack of nutrition. The right to health figures on the agenda with the mandate to make access to medical care a reality irrespective of people’s financial capacity. The bench will also determine availability of night shelters for the homeless and the destitute. “This is an idea that should have been long implemented. The job of judiciary is not just to deliver justice but also to make people respect and fear the law. Right now, people think they can do anything and get away with it,” said Ranjana Kumari of the Centre for Social Research, a non-governmental organization. “I know of two dowry cases which are pending in the Supreme Court for 22 years.
If this body is formed, hopefully justice wouldn't be delayed any more,” she added.
While the apex court has routinely set up dedicated benches, these have primarily dealt with economic issues. The “forest bench”, later renamed the “green bench”, has been dealing with environmental cases for nearly two decades. Similarly, the lower judiciary has courts dedicated to crimes against children and offences like sexual assault. Having a dedicated bench for matters of constitutional rights and societal concerns will reduce the pendency of cases arising from such matters. The new bench will take up not only pending matters but also new ones in order to “secure social justice, one of the ideals of the Indian Constitution”, the court said. The release also indicated that secure living conditions for women—in the absence of which many find themselves in sex work—are a part of constitutional goals which must be achieved.
Welcoming the move, Supreme Court lawyer and anti-trafficking activist Ravi Kant said, “I think this move will bring more focus on these issues. Different PILs related to the same matter are pending before different benches. This body will bring in more clarity. It will also expedite the delivery of justice.”
However, some experts said that with only a brief announcement made so far, details about implementation, the number of cases to be transferred to the bench and other such matters were unclear. “Definitional questions as to what qualifies as social justice will arise. It might also encourage forum shopping, as each litigant wants to be heard by a sympathetic bench. The other problem is that the concept of rule of law promises equal treatment of all cases,” Rahul Singh, assistant professor at the National Law School of India University, Bengaluru. “Constituting a special bench for a class of cases is antithetical to this concept.” “It’s important that the apex court is talking about these issues. But this shouldn’t reduce to mere tokenism. We have so many mahila (women’s) courts in the country. Crime against women has become a disease in this country,” lawyer Rebecca John said. “If the bench is a response to recognizing that cases related to women and children are serious, then I welcome the move.”
JUST CLICK ON THE FOLLOWING WEB LINKS FOR MORE DETAILS
https://app.box.com/s/lnjxzufia0dgjijuta99
https://app.box.com/s/lnjxzufia0dgjijuta99
https://app.box.com/s/nyui87tb4byrgqjziqeiirwk2sc0fpr5
https://app.box.com/s/dier6obi0s49l6wpxsg2
https://app.box.com/s/6cr39rqrhy77xxq6tzru
WITH REGARDS
KASHYAP VYAS
Mobile No. +91 9322027741
What’s App Mobile +91 9819995872
E mail: Kashyap@citizensvigilanceforum.com ; Kashyap@kashyapfinance.com
From: Rakshpal Abrol [mailto:rakshpal.abrol@yahoo.co.in]
Sent: Tuesday, June 02, 2015 11:25 AM
To: Kashyap Vyas; 'capt beniwal'; truevalue_pandian@Yahoo.com; 'Gopalkrishnan iyer'
Cc: vijay99kapoor@yahoo.com; 'Dr. NC Jain'; indiaresists@lists.riseup.net; 'Janshakti'; 'Barkha Dutt'
Subject: Re: [IAC#RG] WHEN PEOPLE LOSE FAITH IN JUDICIARY , CONSEQUENCES CAN BE ALARMING
IT IS AN EYE WASH.
Ordered passed under Article 32 or 39A are not implemented if passed for petitioner who is man or woman.
The word Citizen of India has not been recognised under Constitution of India.
The undersigned had tasted it since 1986.
The Central Government has not implemented many orders passed under Article 32 for the last 60 years.
Please refer the meaning of Contempt of Court.
From: Kashyap Vyas <kashyap@kashyapfinance.com>
To: 'capt beniwal' <trident142@yahoo.co.in>; truevalue_pandian@Yahoo.com; 'Gopalkrishnan iyer' <iyer_ga@yahoo.com>
Cc: 'Rakshpal Abrol' <rakshpal.abrol@yahoo.co.in>; vijay99kapoor@yahoo.com; 'Dr. NC Jain' <j_nc2000@yahoo.com>; indiaresists@lists.riseup.net; 'Janshakti' <Janshakti@yahoogroups.com>; 'Barkha Dutt' <barkha@ndtv.com>
Sent: Tuesday, 2 June 2015 9:56 AM
Subject: RE: [IAC#RG] WHEN PEOPLE LOSE FAITH IN JUDICIARY , CONSEQUENCES CAN BE ALARMING
CONTEMPT OF COURT PROCEEDINGS A PERFECT DILEMMA FOR INDIAN DEMOCRACY
PLEASE CLICK ON FOLLOWING FOUR WEB LINKS TO GET FULL INFORMATION :-
https://www.linkedin.com/pulse/contempt-court-proceeding-perfect-dilemma-4-indian-democracy-vyas
https://www.youtube.com/watch?v=VLoIP8D5OaI
https://www.youtube.com/watch?v=Nvh0mJQwLH4
https://app.box.com/s/np6nwx44ak3oliuthi1i08ktwhrogpz4
https://app.box.com/s/ue1lcvofn0do10ub3xjpzvn0zoh1aqi5
why India should not put an end to The Contempt of Court Statutes just like advanced jurisdictions VIZ., Australia and New Zealand , Germany, France, Belgium, Austria, Italy ?
International standards and laws of other democracies would be informative and enable us to arrive at the right standards. Professor Michael Addo of the University of Exeter has collected the views of many European experts in “Freedom of Expression and the Criticism of Judges.”
In European democracies such as Germany, France, Belgium, Austria, Italy, there is no power to commit for contempt for scandalizing the court. The judge has to file a criminal complaint or institute an action for libel. Summary sanctions can Only be imposed only for misbehavior during court proceedings.
Also In Australia and New Zealand, which do not have contempt of court statutes .
Whenever any ordinary citizen or citizens criticizes or Complaints against judiciary with authentic intention of improving its functioning for Public Interest it does not amount to Contempt of Court or Judiciary. This Truth will be very Valid and Strong defense. Our idea And Objective is to improve the judiciary for Public Interest .
Secondly All Alert Citizens must understand that the Courts are run by Public and Citizens money , that Judges are also Public Servant Getting salary , perks , Motor Car , Protection , Dignity And Luxuries from Public Money and Public Expectations . If they fail to act with standards of Justice , Morality and Judiciary Spirits expected from them then they Are Accountable to Citizens .
WHEN PEOPLE LOSE FAITH IN JUDICIARY ,CONSEQUENCES CAN BE ALARMING ; IT MIGHT LEAD TO CIVIL WAR ……..?
Now, what can a common man do , if he loses faith in politicians in power, bureaucrats and judges ? It is alarming to think about such situation and the possibilities. Will it lead us to Violent Revolution Cum Civil War ?
Dispensing justice to more than 1.2 billion people under the colonial system which has continued after independence has reached a stage of near collapse. Next democracy in terms of population is US with only 1/5 population and 5 times the judges ratio compared to India.
the most common peoples who loves their country and in those veins the blood having P factor (patriotism) is flowing has been demoralized before and after independence, our democracy has been a mockery of corrupt politicians, bureaucrats, judiciary, media even as 4th pillar is also seems corrupts many times some exceptions may be always there in all but it's true that most public is in anguish on corrupt practices which stops the progress & competeness of our beloved nations, no solution ?
IT IS ABSOLUTELY TRUE ABOUT JUDICIARY IN INDIA.
OUR JUDICIAL SYSTEM IS NOT FUNCTIONING FAIRLY FOR COMMON MAN, FOR POOR PEOPLE, AND FOR HONEST PEOPLE. MOREOVER A TIE , CONNIVANCE AMONG JUDGES, SOLICITOR FIRMS, COUNSELS, POLITICIANS, INFLUENTIAL PERSONALITY, NAMED AND FAMED ACTORS AND ALL SUCH LOBBY WITH THE HELP OF MONEY POWER IN WHOSE FAVOUR THE COURT DECIDES AND 80% OF PEOPLE OF INDIA NEVER GET JUSTICE . COMMON PEOPLE AND POOR HAS NO MONEY TO PAY ENORMOUS FEES TO ADVOCATES TO GET JUSTICE.
EVERY ONE KNOWS THAT FACE VALUE OF COUNSEL AND NAME OF SOLICITORS' FIRM COUNTS AND NOT A MERITS OF THE CASE. FURTHER MANY POLITICIAN THOUGH INITIALLY COME FROM COMMON MAN SOCIETY BUT AS SOON AS HE OR SHE CHOOSES ANY POLITICAL PARTY AND START GETTING HOLD IN PARTY BY DOING CORRUPT
PRACTICE TO COLLECT MONEY AND TO PROVIDE HUGE FUND TO THE POLITICAL PARTY AND ON THAT MERIT ALONE HE SUCCEED TO GET TICKET FOR M.P. AND
M.L.A SEAT AS NOW ALL AWARE OF THIS FACT AND THEN THEY START MAKING CORRUPT THE ENTIRE ENVIRONMENT IN COUNTRY. HOW PEOPLE CAN EXPECT
ANY HELP FROM SUCH SELFISH, RUDELY BEHAVED AND CORRUPT POLITICIAN WHO JUST WANT TO ENJOY THEIR LIFE AT THE COST OF TEX PAYER'S MONEY IN
INDIA. HOW SUCH ARROGANT POLITICIAN WILL BRING DEVELOPMENT OF INDIA AND BRING ACHHE DIN FOR PEOPLE OF INDIA ? HOW PEOPLE PUT
TRUST IN SUCH GOVERNMENT THAT SUCH POLITICIANS WILL WORK HARD AND PROVIDE SELFLESS SERVICE TO THE NATION AND MAKE LIFE OF PEOPLE OF
INDIA HAPPY AND PROSPEROUS? PEOPLE Of INDIA LOST INTEREST IN SUCH SHAMELESS, CORRUPT AND ARROGANT POLITICIANS AND TIRED OF SUCH INDIAN DEMOCRACY WHERE NO HOPES LEFT FOR THE GOOD DAYS OF THE PEOPLE. B.J.P. WORRIED ABOUT BLACK MONEY KEPT IN FOREIGN BANK, GOOD, BUT WHAT ABOUT
ALL POLITICIANS OF ALL POLITICAL PARTIES WHO HAVE COLLECTED ENORMOUS BLACK MONEY AND IS IN INDIA ONLY INCLUDING BLACK MONEY COLLECTED BY B.J.P. PAST AND PRESENT MINISTERS AND PRESENT MINISTERS AND M.P. AND M.L.A. OF B.J.P ABOUT WHOM MODIJI IS SILENT ! WHAT YOU ALL THINK ABOUT IT ?
After several years of trial in a killing case, an actor was held guilty by the court and jail term awarded. But, he got bail in a few hours from another judge. After several years of trial in a corruption case, A Chief Minister was found guilty and awarded jail term and hefty fine. But, after a few months, a higher court judge called her innocent and acquitted everyone involved totally. Now, one wonders which judge is right and which judge is wrong.
While rich politicians and cinema actors seem to have the last laugh, there are thousands of dharidhranarayanas (Poor People) in India who stay in jail for lesser crime for several years without being heard. Are they not as much Indians as the cinema actor driving his car on a pavement dweller and rich politician indulging in corrupt practices ? Are we settling down for this sort of Democracy & Judiciay in India ?
An average common man in India, millions of whom do not have any political affiliation have already lost faith in the politicians in power and bureaucracy. He OR She has been thinking that the judiciary is ultimate conscience keeper of the country. But, when judiciary give judgments with so much of contradiction between one judge and the other and providing bail and relief to the convicted actor and politicians with great speed and with many judges in India already having been accused of corrupt practices in the past, people tend to develop doubts about judiciary too.
Now, what can a common man do , if he loses faith in politicians in power, bureaucrats and judges? It is alarming to think about such situation and the possibilities. Will it lead us to Violent Revolution Cum Civil War ?
Whereas judges all over the world have a privilege / protection, and rightly so, that protection is not unlimited. The administration / public are sensitive and come down fast and hard on the criminal types.
Unfortunately, In India there is only privilege and protection, but no ruthless / effective weeding( Removal) of the corrupt-criminal types. This is the crux of the problem.
Just Read Stringent Comments , Criticism , Complaints by my Activist Friends on Face Book, Google Blog , Social Media against Judiciary by Clicking on web links below . Also read Severe Judiciary criticism by well known supreme court judges like Markandey Katju , SP Bharucha , Chief Justice E.S. Venkataramiah.
Also read Comments by Experienced Advocate/s about Indian Judiciary .
I Earnestly Appeal to All of Activists , Alert Citizens , Advocate Community in particular to Please study and understand the Full Article ( Containing minimum 50 plus pages ) just for the benefit of our Democracy , To SAVE JUDICIARY SAVE NATION ,To Protect Human Rights of Citizens , And lastly To Safeguard Public Interest . In Democracy First & Primary authority is Public who is pouring in Money to run The 3 Branches of Government : Executive, Legislative, Judicial . All Branches are run by Public Money only hence prime authority as well as Responsibility of its properly functioning is with Public . Public should control & monitor Performances of all state authorities, including judges .
In a democracy, it is the people who are supreme (see Rousseau’s ‘Social Contract’), and all state authorities, including judges, are nothing but their servants.
It is apparent that the intentions of Judiciary Criticism is for Public Interest ; to bring about improvements, reforms in the System. You will find such comments by 1000 of alert citizens ; does it mean that they should be prosecuted for Contempt of Court and/or Judiciary ? My Very lawful transparent reply is BIG NO ….
Still if any litigant (whether it be Judge , Advocate , Politician , and Citizen ) is initiating contempt of court proceedings that will be construed as Abuse and Contempt of Judiciary as well as of Indian Constitution .
Such Contempt proceedings if any initiated against Public Interest can be regarded as Grossly Bogus and Frivolous and it also amounts to Scandalizing Democracy , Indian Constitution , Public Spirit , Concerned Court and whole Indian Judiciary System Since this is based on their personal bias , Partiality And/or their Personal Anger / Prejudice for Innocent Litigants .
Always Remember Indian Constitution is Supreme in Democracy , its place is above Judiciary , Legislature and Executives .
PLEASE CLICK ON FOLLOWING FOUR WEB LINKS TO GET FULL INFORMATION :-
https://www.linkedin.com/pulse/contempt-court-proceeding-perfect-dilemma-4-indian-democracy-vyas
https://www.youtube.com/watch?v=VLoIP8D5OaI
https://www.youtube.com/watch?v=Nvh0mJQwLH4
https://app.box.com/s/np6nwx44ak3oliuthi1i08ktwhrogpz4
https://app.box.com/s/ue1lcvofn0do10ub3xjpzvn0zoh1aqi5
From: indiaresists-request@lists.riseup.net [mailto:indiaresists-request@lists.riseup.net] On Behalf Of capt beniwal
Sent: Monday, June 01, 2015 9:48 AM
To: truevalue_pandian@Yahoo.com; Gopalkrishnan iyer
Cc: Rakshpal Abrol; vijay99kapoor@yahoo.com; Dr. NC Jain; indiaresists@lists.riseup.net; Janshakti; Barkha Dutt
Subject: Re: [IAC#RG] WHEN PEOPLE LOSE FAITH IN JUDICIARY , CONSEQUENCES CAN BE ALARMING
its We the People who have to oversee the judges through live telecast of court proceedings.
presently applicable colonial rules IPC/CrPC the judges have too much discretion, as was designed for Britishers. must be harshly limited.
since the judges are also servants of We the People.
if we see how law is made then we must also see how that law is applied. therefore I have been requesting President and CJI to start live telecast of SC proceedings. only dishonest judges will object.
rgds. beniwal
On Sunday, 31 May 2015 9:12 PM, PANDIAN Paulraj <indiaresists@lists.riseup.net> wrote:
It is NOT our intention to blame any one or any individual or the system. WE ARE CONFUSED. One judge says GUILTY. The same case, same accused, same arguments, another more experienced, more knowledgeable judge is saying NOT GUILTY. Who is wrong and who is right? It can not be brushed aside as awn aberration. Both are presenting 800 plus pages of reasoning to substantiate their conclusions. Obviously one of them is wrong. I am personally scared when my case comes up for judgment who will try me and with what result? Added to it is the immunity granted to the judiciary by itself. But then who will oversee the judiciary? The Politicians? That is the joke of the millennium. Regards.
Gopalkrishnan iyer <iyer_ga@yahoo.com> wrote:
Simply put, naxalism, terrorism etc. are the offshoots of loosing faith in judiciary! One can find well educated people(if education is important) resorting to extremism/rebellion! Discrimination, deprivation, disparity are all leading to extremism!! Governance should incorporate all attributes that give rise to the above to be evened out!
On Sunday, 31 May 2015 7:50 AM, Rakshpal Abrol <rakshpal.abrol@yahoo.co.in> wrote:
Dear Sir,
Till date our Constitution has not define the word Citizen of India.
Citizenship Act,1955 has not yet been accepted by Government of India and the State Governments.
The judges are not law makers.
How many people of this country has signed the documents called Citizen of India format designed by the bureaucracy.It was proposed in the year 2004.
Therefore please do not blame the judiciary.
From: PANDIAN Paulraj <truevalue_pandian@Yahoo.com>
To: vijay99kapoor@yahoo.com
Cc: Gopalkrishnan iyer <iyer_ga@yahoo.com>; Dr. NC Jain <j_nc2000@yahoo.com>; indiaresists@lists.riseup.net; Rakshpal Abrol <rakshpal.abrol@yahoo.co.in>; Janshakti <Janshakti@yahoogroups.com>; Barkha Dutt <barkha@ndtv.com>
Sent: Saturday, 30 May 2015 10:30 PM
Subject: Re: [IAC#RG] WHEN PEOPLE LOSE FAITH IN JUDICIARY , CONSEQUENCES CAN BE ALARMING
Remember. In India LAW simply means
Leave Accused if Wealthy.
It does not stop with actors, politicians
bureaucrats and the like. It is not the mistake of the judges. Advocates should not take up cases they know to be unjust or illegal. Finding a way to somehow save their client is not fair. They no doubt save the client; but in that process ruin the moral fibre of the nation. The only way a common man can show his displeasure is by social boycott. If you do not agree with the let away culprit, don't see his movies for ever; or don't buy the product the cricketer endorses ; or don't vote for the party the politicians belong to. Ganga may not be cleaner by then. The country will become cleaner.
Vijay Kapoor <indiaresists@lists.riseup.net> wrote:
>In this context, the recent order by SC as reported in the media, that a "judge" who has passed an absurd order cannot be questioned, is even more absurd. Question then arises: that if the "judge" even in an absurd order cannot be questioned, can a judge who passes a criminal order, say, "go and shoot Mr. X" or "go and commit rape" or "burn down the house" can also not be brought to book !? Then can an absurd "judge" who passes an order, say, "I hereby sack the President of India" or "The parliament stands dissolved" be not brought to book ?
>The judges need to ponder the deleterious effects on the nation of their virtually complete accountability.
>
>Regards,
>
>--------------------------------------------
>On Wed, 5/20/15, Rakshpal Abrol <rakshpal.abrol@yahoo.co.in> wrote:
>
> Subject: Re: [IAC#RG] WHEN PEOPLE LOSE FAITH IN JUDICIARY , CONSEQUENCES CAN BE ALARMING
> To: "Gopalkrishnan iyer" <iyer_ga@yahoo.com>, "Dr. NC Jain" <j_nc2000@yahoo.com>, "vijay99kapoor@yahoo.com" <vijay99kapoor@yahoo.com>, "indiaresists@lists.riseup.net" <indiaresists@lists.riseup.net>
> Date: Wednesday, May 20, 2015, 1:04 AM
>
> The system was
> evolved taking into consideration of British
> laws.Most of the Advocates follow
> the same and being influenced the judges pass the
> order.The
> Justice is never delivered it is purchased.
> Warm regards,
> Rakshpal Abrol
> Consumer Activist
> 9820203154
> rakshpal.abrol@yahoo.co.in
>
>
> From: Gopalkrishnan
> iyer <indiaresists@lists.riseup.net>
>
> To: Dr. NC Jain
> <j_nc2000@yahoo.com>;
> "vijay99kapoor@yahoo.com"
> <vijay99kapoor@yahoo.com>;
> "indiaresists@lists.riseup.net"
> <indiaresists@lists.riseup.net>
> Sent: Tuesday, 19 May
> 2015 3:22 PM
> Subject: Re: [IAC#RG]
> WHEN PEOPLE LOSE FAITH IN JUDICIARY , CONSEQUENCES CAN BE
> ALARMING
>
> There is
> no doubt left as to the fact that Indian justice system is
> not free from influence from powers that be, money power and
> high profile advocates.The recent verdicts one after the
> other seeng Salman khan virtually a free man within hours
> despite being convicted is ample proof that justice delivery
> is maneovreable! Harish Salve's presense in the court in
> a way subdued the Justice!! Or else all those involved in
> deliberating whether Salman is a culprit or not are not at
> all knowing the law on which they argued for 13 years!
> Jayalalitha'scase too is anopther instance cite! Can a
> common man avail the services of Salve or the like of him
> and if so at what cost and how fast! Common man has to wait
> for months for an appontment where as all appointments were
> cancelled and flew down in Salmans case!!I should
> say the justice system also is influenced by status of
> people involved!
>
> Insider
> trader Gupta in the US was convicted in a matter of days and
> sentence followed in the same pace whereas Harshad
> Mehta's case is far from being over though the accused
> passed away long back!
> I think the jury system
> could speed up the justice system with least chance of a
> faulty delivery of justice
>
>
>
>
>
>
> On Monday, 18 May 2015 12:47 PM, Dr.
> NC Jain <indiaresists@lists.riseup.net> wrote:
>
>
> Dear
> sir
> Such instances are very common.As everone is aware, justice
> delayed is justice denied and In India, it is a common
> practice in almost,most department. I have a case of
> noncompliance of CIC order for the last 4 years and cic is
> not replying/taking any action on it. In short,India is free
> but not Indians.We have to struggle to make Indians free.
> Dr
> N C Jain
>
>
> On Friday, May 15, 2015 1:14 AM,
> Vijay Kapoor <indiaresists@lists.riseup.net> wrote:
>
>
> In
> theory there appeals are possible to set right the wrongs of
> lower courts. But things are entirely different in
> practice.
> I cite a couple of my own
> experiences:
>
> 1. I filed a
> consumer complaint against a leading industrialist and
> builder of Goa in the State Consumer court. The
> "president judge", one Mr. Nelson Britto,
> apparently held the case in my favour because he granted me
> penal damages of Rs. 3.0 lacs against the builder. But look
> at the sheer malafides of the "judge" and his
> "order", who apparently imposed the penalty as a
> smokescreen to shield AND REWARD the errant industrialist.
> His entire order does not mention a single word as to why he
> imposed the penalty, and whether the builder was in
> deficency, in unfair trade practices, and providing
> hazardous services, WHEN the industrialist-builder has lied
> under oath and put a false document said to be the NOC from
> navy in the agreement to sell; the builder admitted in
> cross-examination under oath in that he destroyed evidence;
> that he never obtained the mandatory NOC from navy; that the
> brochure placed on record by me was his brochure; that he
> contravened
> Registration Act; that he
> contravened The Transfer of Property Act by not disclosing
> material defects in the property; etc. and so on. There is a
> contravention of at least half a dozen major Acts and laws
> of the land. But the "judge" does not discuss any
> of the law points involved and does not utter a single word
> about all those. Finally to cap it all the "judge"
> ignores the prayers made by me to either give market value
> (with written quotations from 5 vicinity builders) OR a
> similar flat in nearby locality. Instead he gives interest @
> 15%, which means a loss in capital value to me of over 10
> lacs (excluding interest cost), and a corresponding gain to
> the industrialist.
>
> 2. In
> another case in the same court the "judge", one
> Mr. Prabhudessai, who claims to be a law teacher in a local
> college, ignores all evidence on record and several points
> of law raised: Can the opposite party submissions that are
> not on affidavit and are merely verbal, be entertained by
> the court; Can a piece of paper without an Invoice Number /
> Tax registration, taxes be a valid "Invoice /
> Bill"; can the OP who has approached the court in not
> good faith be entertained; when there are 6 different
> agreements between the parties and with different dates and
> terms & conditions, can the matter be properly decided
> without first deciding which of the agreements is the valid
> one; when the OP himself does not dispute or refute the
> evidence placed on record, can the "judge"
> unilaterally decide differently that too without any
> reasoning; can the "judge" overrule at least 10 SC
> judgments on different subjects; can the "judge"
> overrule the law and the intent to
> the
> parliment; can the "judge" order costs when
> several issues of law have been raised; etc. The appeal
> before the National Commission was the same .......
> non-appreciation of evidence on record and several law
> points raised. At this point as I came down with health
> problems I could not pursue the matter in the SC.
>
> There are many fine judges (I
> recall Justices Mr. Sachar and Mrs. Leila Seth, who settled
> my PF case in just 4 hearings and did not allow the govt.
> lawyers to dilly-dally. I also recall the justice in Delhi
> HC, who put his foot down by telling the govt judges to get
> on with their defence, if any, and the outcome was quaterly
> disclosure of results by corporates, and also certain
> provisins for transparency in results.) But, the problem is
> all-persuasive, and is not limited to the judiciary only. As
> the SC itself has said that the judges are part of the same
> society. One hopes that one encounters the good judges,
> babus, netas, of which there are many.
>
> There is need for ALL-ROUND reform as in
> REFORM. The elections, administration, judiciary, police,
> education, health, ... just everything.
>
> Regards,
>
>
> --------------------------------------------
> On Thu, 5/14/15, P.Mohana Chandran <p.mohanachandran50@gmail.com>
> wrote:
>
> Subject: Re:
> [IAC#RG] WHEN PEOPLE LOSE FAITH IN JUDICIARY , CONSEQUENCES
> CAN BE ALARMING
> To: indiaresists@lists.riseup.net
> Date: Thursday, May 14, 2015, 1:08 AM
>
> Shri Venkataraman may
> kindly note that to err is human.Judges also
> may err-of
> course not with the intention to
> err.The error may be on a
> question of law
> or on a guestion of fact.To take care of
>
> such situations,law enables affected party to file
> Appeal,Review,Revision etc.Do you wantthe
> Appellate Court to
> confirm the trial court
> judgement in all cases and thereby
> make the
> people to have faith in judiciary.TrialCourt and
> Appellate Courts shall patiently hear the
> matter and give
> judgements with out fear or
> favour.They need not worry about
> the
> comments that may be made by persons like
>
> Shri.Venkataraman.
> If the decision of
> Mr.Justice Kumaraswamy of
> the Hon'ble
> Karnataka High Court is based on erroneous
>
> calculation (mathematical error ) in calculating the
> total
> assets and total income and if the
> mismatch is really more
> than 10% as is
> being propogated by some opposition leaders
>
> in Tamilnadu, a mere Application for Review will be
> sufficient for the Judge to correct the
> error.
> The allegation was that since
> Ms.Jayalalitha is a politician,the case was
> prolonged for
> more than a decade.On her
> coviction,when the Bail matter
> came up
> before the Supreme Court ,coditional Bail was
> granted,a consequence of which is expeditious
> disposal of
> the Appeal which resulted in
> quick disposal of the
> Appeal.The economic
> status of the party concerned has
> nothing
> to do with the case.
> A resourceful /wealthy
> party may be able
> to engage a team of legal
> experts and may be able to come
> out
> successful by taking advantage of the loopholes in law.A
> 'daridra narayana' may have to depend
> on a lawyer
> provided by Court or Legal
> Services Authority who may or
> may not be
> good/capable of handling the matter.It is only in
> this matter ,economically deprived persons are
> in a dis
> advantageous position.Bail is the
> Rule and Jail is an
> exception. Poor people
> are not capable of engaging a lawyer
> and in
> cases that are not very serious,amicus curie is not
> appointed by court for accused and hence they
> remain in jail
> for days, months and at
> times years.
> I shall cite a case
> (Mrs.Indirra Gandhi)
> where a High Court
> 's verdict was set aside by the
> Supreme
> Court,not because the High Court was wrong but
> because the Parliament amended the law with
> retrospective
> effect.Incurring expenses by
> a candidate above the cut off
> limit was an
> electoral malpractice even if the amount is
>
> spent by a political party. Mrs.Gandhi was unseated as
> Congress spent in excess of the cut off
> amount.During
> emergency, law was amended
> with retrospective effect
> stipulating that
> money spent by political parties shall not
>
> be counted to calculate the cut off amount .Both the
> decisions were correct.Perhaps Shri
> Venkataraman might not have uttered a word
> had
> Ms.Jayalalitha got the Prevention of
> Corruption Act
> amended with retrospective
> effect exempting MPs,MLAs,MLCs
> and Central
> and State Ministers from the per view of the
> Prevention of Corruption Act.I appreciate Ms
> Jayalalitha
> for fighting the case by filing
> Appeal engaging ,of course
> the best legal
> brain instead of managing to amend the
>
> Prevention of Corruption Act with the help of Mr Modi
> and
> also the DMK P.Mohana
>
> Chandran
> On Wed, May 13, 2015
> at 9:08 AM, Raghavan R N <raghavan6@hotmail.com>
> wrote:
>
>
>
> Dear Sir,
>
> If some one is Punished by a Court, it does not
> mean Judiciary is right . There are many
> cases pending
> Judgement in a number of
> Courts in india, the two recently
> came up
> for public attention is that of Ms Jayalalitha and
> Mr Salman Khan
> Every one
> knows that Ms Jayalalitha's case
> is
> one related to Politics and it is natural, every one
> wanted her to be punished[ her opponents].
> She has been an
> actress for a long time and
> her back ground is too good to
> be
> considered that she amassed wealth only by political
> means. Judgement by a Lower Court need not
> necessarily
> decide the final outcome. Law
> provides more options till
> Supreme Court.
> If it is a fit case for fighting, Govt should
> initiate action to file a suit in Supreme
> Court. None
> prevented and no one should
> close this option. Counting
> dresses ,
> chappals and other house hold articles for
>
> estimating the assets of Ms Jayalalitha looks
> odd.
> In the case of Ms Salman
> Khan, it can be
> appreciated that this case
> is not of national importance.
> Daily such
> run over cases happen in India and abroad and
> even yesterday three women were killed under
> the wheels of a
> police vehicle. It is an
> accident can be due to
> negligence.Here too,
> the accused has options to
> appeal in higher
> court to get justice. Bail was granted as
>
> he is an actor and is working in number of FILMS. All get
> affected. Granting bail , fast or slow cannot
> be questioned.
> Definitely, prominent people
> get things done fast and for
> others, it
> takes time. It is Indian culture and way of doing
> things in India.
>
> raghavan rn
>
>
>
> From: boompellivenkatrao@gmail.com
> Date: Tue, 12 May 2015 12:47:50 -0400
> To: indiaresists@lists.riseup.net
> Subject: Re: [IAC#RG] WHEN PEOPLE LOSE FAITH
> IN JUDICIARY ,
> CONSEQUENCES CAN BE
> ALARMING
>
> One more case of
> SATYAM Ramblings Raju. The fraud is
> a
> open book to every one. He got bail with in a
> month.
> B. VENKAT RAO
> Sent from my iPhone
> On
> 12-May-2015, at 3:41 am, Jagjit Ahuja <jagjit.ahuja@gmail.com>
> wrote:
>
>
> Judiciary in India has
> made a mockery of
> themselves . They know that there is no
>
> one in the governing system who can punish them for all
> the
> wrongs. Now with the judgement made in
> favour of
> Jayalalitha clearly shows that
> how our judiciary has been
> working . The
> presenting officers and the defence
>
> advocates have been playing games with each other .At
> least punish out off those who have been
> proved to be
> wrong .
> Same
> thing happened with the case of Salman
>
> Khan.
> On Mon, May 11, 2015 at 8:41 PM,
> Venkatraman Ns <nsvenkatchennai@gmail.com>
> wrote:
> To
>
> India Against Corruption
>
>
>
>
>
>
> WHEN PEOPLE LOSE FAITH IN JUDICIARY
> , CONSEQUENCES CAN BE ALARMING
>
>
> After
> several years
> of trial in a killing case,
> an actor was held guilty by the
> court and
> jail term
> awarded. But, he got bail in a
> few hours
> from another judge. After
> several years of trial in a
> corruption
> case, a
> Chief Minister was found guilty and
> awarded jail term and
> hefty fine. But,
> after a few months, a higher court judge
> called her innocent
> and acquitted
> everyone involved totally. Now, one wonders
> which judge is
> right and which judge
> is wrong.
>
>
> While rich
> politicians and cinema actors
> seem to have the last laugh,
> there are
> thousands
> of dharidhranarayanas in India
> who stay in jail for lesser
> crime for
> several
> years without being heard. Are they
> not as much Indians as
> the cinema actor
> driving his car on a pavement dweller and rich
> politician
> indulging in corrupt
> practices ? Are we settling down for this sort
> of democracy
> in India ?
>
>
> An average common man
> in
> India, millions of whom do not have any political
> affiliation have already
> lost
> faith in the politicians in power and bureaucracy. He
> has been thinking that
> the
> judiciary is ultimate conscience keeper of the country.
> But, when judiciary
> give
> judgements with so much of contradiction between one
> judge and the other
> and
> providing bail and relief
> to the
> convicted actor and
> politicians with
> great speed and with
> many judges in
> India already having been
> accused of
> corrupt practices in the past, people
>
> tend to develop doubts about judiciary
>
> too.
>
> Now, what can a
> common man do , if he loses faith in
> politicians in power,
> bureaucrats and
> judges? It is alarming to think about such
> situation and the
> possibilities.
> N.S.Venkataraman
>
>
>
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