Delhi HC Orders Session Judge To Undergo CrPC Lessons

Terming Addl Sessions Judge Rakesh Tiwary “incomptent”, the Delhi High Court has ordered him to undergo a three-month course in the Criminal Procedure Code (CrPC) at the Judicial Academy.

“Since the Additional Sessions Judge Rakesh Tiwary dsn’t have even elementary knowledge of the CrPC, it would be appropriate if he undergs a refresher course at Delhi Judicial Academy for the law at the earliest for three months,” Justice VB Gupta said in an order.

Noting the order passed by Mr Tewari shows that he “lacks even elementary knowledge about the CrPC,” the HC judge said it also seemed that he also did not know that the subordinate courts are constitutionally bound by the decisions of the high courts. “Yet, he has chosen to comment on the order passed by the high court, which amounts to judicial indiscipline,” he said.

Petitioner Rohit Kumar, accused of power pilferage, had moved the High Court against nonbailable warrants issued by Mr Tewari. His lawyer argued that the HC had stayed, on September 17, the petitioner’s arrest till September 19. Yet, the trial court took the petitioner into custody on September 19, and denied him bail.

What piqued Justice Gupta was the observations made by the Mr Tewari casting aspersions on the functioning of the Delhi High Court.



1 Response to “Delhi HC Orders Session Judge To Undergo CrPC Lessons”

  1. 1 meenakhi March 5, 2009 at 8:42 pm

    i think still he dont deserve to sit on such a reputed position, where he is having future and life of innocent people. even now he dont know what the law is..


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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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