SC Judgment: Doctrine Of Binding Precedent

Folks,

here is a judgement of the Supreme Court that says that Article 142 of the Constitution declares that any order of the Supreme Court is enforceable throughout the territory of India and article 144 mandates that all civil and judicial authorities shall act in aid of the Supreme Court.

Here is an excerpt: “The doctrine of binding precedent has the merit promoting a certainty and consistency in judicial decisions, and enables an organic development of the law, besides providing assurance to the individual as to the consequence of transaction forming part of his daily affairs. And, therefore, the need for a clear and consistent enunciation of legal principle in the decisions of a Court.”

Here is the judgment: Doctrine Of Binding Precedent

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Attempting To Eviscerate The Judiciary

Folks,

This is an article that details the conflict between the Executive and the Judiciary. I am posting this in light of the recent articles in the media about the stance of Dr Manmohan Singh and The Hon CJI about the role of the Judiciary.

I belong to 80-90% of Indian citizens who trust the higher judiciary and not the executive.

Here is the link to the article: Eviscerating The Judiciary

Here is a link to the Keshavananda vs Union of India case which the article refers to.

Here are some links that give a little more insight into those troubled times:

• http://www.hvk.org/articles/0200/30.html
  
• http://www.hvk.org/articles/0200/31.html

Another link that talks about the Fundamental Rights

This may sound political, but it is not. I am striving to lay it all open and that is the extent of my agenda.

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Disrepute And Shame To The Temple Of Justice: Justice Dhingra

Here is another gem from Justice Dhingra. This judgment is about fighting corruption. The appellant, Murari Lal, was absolved by the trial court in a 498A case and he was trying to get back back the fine of Rs. 5,000.00 from the court.

Here is the article: http://cities.expressindia.com/fullstory.php?newsid=230247

Here is an excerpt:

“Coming to question of sentence, I consider that no leniency can be shown in cases of corruption. Courts are considered temples of justice. If the staff of the court harass litigants and do not issue refund voucher or certified copies etc the whole judicial system is put to disrepute and shame. It is a folklore that every brick of the court demands money. Showing leniency and sympathy with the corrupt only encourages corruption. Corruption has increased in this country by leaps and bounds as only a few people take courage to make complaints. Some even after making complaint turn hostile by becoming themselves corrupt. Thus only a trickle comes in open. The sentence awarded by the court must reflect enormity of the situation faced by the society. It is not related to the amount of bribe received, but to the dishonesty of the person receiving the bribe in temple of justice, with the help of a tout. The Ahlmad in this case was corrupt to the extent that he needed a tout to help him in such deals, who was the partner of 50%. The appellants deserve no leniency. Both the appeals are hereby dismissed”

Here is the judgment:

http://courtnic.nic.in/dhcorder/dhcqrydisp_J.asp?pn=1060&yr=2007

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SC Judgment: Maneka Gandhi Vs Union Of India (1978)

Folks,

This will be useful to those of you hounded by a Red Corner Alert or threats of Passport impoundment.

It was held that procedure established under Art.21 has to be reasonable and not violative of Art.14.

In effect, the SC interpreted this as a case for due process. The article from the Hindu is given below:

http://www.thehindu.com/2004/09/26/stories/2004092600471600.htm

This site has more info:

http://www1.umn.edu/humanrts/edumat/IHRIP/circle/justiciability.htm

Here is the judgment of the SC:

http://indiankanoon.org/doc/1766147/

Here is a pdf of the same for printing:

Maneka Gandhi vs Union Of India on 25 January, 1978

A warning! It is a 144 page judgment.

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Law Commission’s Recommendations On Law Relating To Arrest

Here is the link:

http://pib.nic.in/archieve/lreleng/lyr2002/rdec2002/31122002/r311220022.html

This talks about making 498A compoundable. I believe that 498A must be made bailable and compoundable or just bailable. This will go a long way in curtailing the extortion racket that it has become.

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Right To Bail: The Class Bias

This is an article by Sushil Kumar Singh, an advocate, practicing in Delhi, and working in the area of human rights, especially Prisoners’ Rights. He has been working with Criminal Justice Initiative (of Human Rights Law Network) for free legal aid to prison inmates at Tihar, Delhi.

Here is the article: Right To Bail: The Class Bias

Here is the SC Judgment (1977) on Guideline to Exercise Judicial Discretion to Grant or Refuse Bail

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Minor can elope to save her love: Justice Dhingra

Justice Dhingra is back in the news. This time it is about a minor girl who eloped to escape coercion by her parents. As usual justice Dhingra upholds individual freedoms above everything else.

Here is the article by HT

Here is the pdf if the link is broken: Minor can elope to save her love: Justice Dhingra

I was unable to find this judgment. Can anyone post it as a comment if you have it?

This judgement has a lot of significance, especially with regard to The Murder Case Of Rizwanur Rahman.

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Compounding A Non Compoundable Offence

Folks,

I’ve always wondered how a non-compoundable criminal offence like a 498A can be compounded (withdrawn) with a “compromise”.

This is the case of Ram Lal Vs St Of Jammu And Kashmir. A pay off is made to settle the case after the conviction and an appeal is made to the Supreme Court.

In this judgment the Supreme Court says “We hold that an offence which law declares to non-compoundable even with the permission of the cannot be compounded at all.”

Here is a judgment that explains/explores that: Non-Compoundable Offence Cannot Be Compounded

The Section 320 of CPC, 1973, has a table that shows which cases can be compounded.

Here is the link to the CODE OF CRIMINAL PROCEDURE, 1973 (CPC, 1973)

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Section 330 Of IPC

Folks,

Here is some Interesting info from Section 330 Of IPC. You may want to run through this if you’ve been mistreated by the police.

Section 330 Of the Indian Penal Code:

330. Voluntarily causing hurt to extort confession, or to compel restoration of property

Whoever voluntarily causes hurt for the purpose of extorting from the sufferer or from any person interested in the sufferer, any confession or any information, which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Illustrations

(a) A, a police-officer, tortures Z in order to induce Z to confess that he committed a crime. A is guilty of an offence under this section.

(b) A, a police-officer, tortures B to induce him to point out where certain stolen property is deposited. A is guilty of an offence under this section.

(c) A, a revenue officer, tortures Z in order to compel him to pay certain arrears of revenue due from Z. A is guilty of an offence under this section.

(d) A, a zamindar, tortures a raiyat in order to compel him to pay his rent. A is guilty of an offence under this section.

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The Supreme Court on Torture:

“Torture” has not been defined in Constitution or in other penal laws. ‘Torture’ of a human being by another human being is essentially an instrument to impose the will of the ’strong’ over the ‘weak’ by suffering. The word torture today has become synonymous wit the darker side of human civilization.

“Torture is a wound in the soul so painful that sometimes you can almost touch it, but it is also so intangible that there is not way to heal it. Torture is anguish squeezing in your chest, cold as ice and heavy as a stone paralyzing as sleep and dark as the abyss. Torture is despair and fear and rage and hate. It is a desire to kill and destroy including yourself.” Adriana P. Bartow “No violation of any one of the human rights has been the subject of so many Conventions and Declarations as ‘torture’- all aiming at total banning of it in all forms, but inspite of the commitments made to eliminate torture, the fact remains that torture is more widespread not that ever before, “Custodial torture” is a naked violation of human dignity and degradation with destroys, to a very large extent, the individual personality.

IT is a calculated assault on human dignity and whenever human dignity is wounded, civilisation takes a step backward-flag of humanity must on each such occasion fly half-mast. In all custodial crimes that is of real concern is not only infliction of body pain but the mental agony which a person undergoes within the four walls of police station or lock-up. Whether it is physical assault or rape in police custody, the extent of trauma a person experiences is beyond the purview of law. “Custodial violence” and abuse of police power is not only peculiar to this country, but it is widespread. It has been the concern of international community because the problem is universal and the challenge is almost global. The Universal Declaration of Human Rights in 1984, which market the emergency of worldwide trend of protection and guarantee of certain basic human rights, stipulates in Article 5 that “No one shall be subjected to torture or to curel, inhuman or degrading treatment or punishment.” Despite the pious declaration, the crime continues unabated, though every civilized nation shows its concern and takes steps for its eradication”

Here is a link to the judgment:

https://ipc498a.wordpress.com/wp-content/uploads/2007/04/sc-on-custodial-deaths.pdf

You can download the entire IPC from here:

http://www.498a.org/contents/ipc_explained.pdf

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SC: Stray Acts Do Not Constitute Mental Cruelty (1999)

Folks,

I came across this judgment. I really wish that divorce, as painful as it is, should be granted, if the grounds are reasonable. In this day and age, how does one live with a person who is unreasonable, be it male or female ?

In this judgment, divorce is not granted. However, the interesting thing about this judgement is that the SC says that one of the functions of the Womens Protection Cell is to mediate and attempt to bring about a reconciliation. For those of you, who are being hounded by the WPC, this judgment may be  useful in getting them back in line.

Here is the judgment:  Stray Acts Do Not Constitute Mental Cruelty

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