Archive for February, 2009

See And Hear Justice Dhingra At A Seminar – Mar/07/09 – New Delhi

The Rakshak Foundation is hosting a Seminar and Panel Discussion at Delhi on Saturday, March 7th (3PM – 7 PM)

‘CrPC Amendment bill and Judicial reforms: Lawyers strikes, legal debates and public views’

Venue:
Main Auditorium,
Scope Convention Centre,
Scope Complex,
Lodhi Road, New Delhi – 110003
Date: March 7th (Saturday) 2009
Time: 3PM – 7PM (sharp)
Day: Saturday

Speakers and Panelists:
———————-

1) Former Law Minister Shri Shanti Bhushan
2) Honorable Justice VS Malimath (former Chief Justice of Karnataka High Court)
3) Honorable Justice SN Dhingra (Judge, Delhi high Court)
4) Professor NR Madava Menon, Director, National Judicial Academy, Bhopal

Seminar is free for all, refreshments will be provided.

Lectures, Debate and Discussions will focus on the wide topic of Judicial reforms and the recently amended CrPC bill which has created lot of agitation in the lawyer community resulting in several strikes all over India.
This seminar will provide a stage to discuss this amendment and judicial reforms, how is it going to help building our nation better and its passive effects that may occur in the future.
If you choose to attend this event, please keep in mind that you may be able to express your views and opinions depending upon the time, schedule and choice of the moderators of the seminar.
Press invitation: http://www.rakshakfoundation.org/contents/RakshakCrPCseminarInvitation.pdf
Press Note (details): http://www.498a.org/contents/RakshakCrPCseminar.pdf
Seminar Details
—————

3:00 – 4:00 Welcome, refreshments and public interaction and discussions

4:00 – 5:30 Legal Lumanaries speak on their topics

5:30 – 7:30 Panel Discussion and Public Question and Answers

Please confirm your attendance by visiting this thread in the 498A.org forum:

http://www.498a.org/forum/viewtopic.php?f=15&t=4206

I am planning on attending. So you may see me there as well, though I will remain anonymous.

This is a great chance to meet to meet Justice Dhingra. Don’t pass up on it !!

____________________

498A Counter Cases To Fight Back With – Compiled By Rudy

Rudy’s compilation for avenues of possible counter cases
32, 120B,
167 (investigation cannot be completed in 24 hours),
182 (offenses committed by letters),
191 (transfer on application of the accused),
197 (prosecution of judges and public servants),
199 (defamation) ,
200 (examination of complainant) ,
201 (Magistrate not competent), 204,
209 (triable exclusively by Court of Session), 211,
249 (absence of complainant) ,
250 (compensation for accusation), 306,
321 (withdrawl from prosecution) ,
323 (commit to Session Court), 355, 378, 379,
384 (summary dismissal of appeal),
392 (judge of Court of Appeal are equally divided),
406 (criminal breach of trust), 420,
467 (period of limitation), 471,
497 (adultery), 499,
500 (defamation) ,
504 (insult with intent to provoke a breach of peace),
506 (criminal intimidation) , RCR
Damage recovery case u/s 9 of CPC (law of torts):
If she breaks into your home, creates a scene, and goes to ” protection
officer ” and lies that you abused her “physically, emotionally or
economically” , file a damage recovery case u/s 9 of CPC against her. Legally,
you must issue notice on the same day or next day. The suit will continue for
long time. It has no risk.

What I had compiled sometime back, may some repetition wrt Rudy’s options. S.191 :Giving false evidence+ S.340(1) of CrPC for Perjury @ Family/Magistrate Court
matter
S.209 : Dishonest claim
S.211 : False charge of offence made with intent to injure
S.361 : For child – Kidnapping from lawful guardianship
S.378 :Theft
S.383 : Extortion
S.463 : Forgery
S.499: Defamation

Sections which u can check with ur advocate(I dont remember the IPC section offhand for these crimes) – Criminal Intimidation, Criminal breach of trust(non return of loans), Threatening, Abbetment of crime, these may be referring to a period before even your wife filed cases against you.

Some other sections of IPC helpful for husband side:
182 False information, with intent to cause public servant to use his lawful power to the injury of another person
191 Giving false evidence
192 Fabricating false evidence
195A Threatening any person to
give false evidence
196 Using evidence known to be false
197 Issuing or signing false certificate
198 Using as true a certificate known to be false
199 False statement made in declaration which is by law
receivable as evidence
200 Using as true such declaration knowing it to be false
201 Causing disappearance of evidence of offence, or
giving false information to screen offender
202 Intentional omission to give information of offence by person bound to inform
203 Giving false information respecting an offence commited
204 destruction of document to prevent its production as evidence
205 False personation for purpose of act or proceeding in suit or prosecution there are
more

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Shaleen Kabra DV Act Judgment

Finally, got my hands on this thanks to a reader.

This is important as a Delhi additional sessions court had ruled that allegations of domestic violence need to be proved and victims need to face cross-examination and provide evidence in support of their charges to be liable for relief.

The order of the ASJ was also upheld by the Delhi HC.

You can read the full story here:

PMO Official Accused Of Domestic Violence By Wife

You can download the ASJ and the Delhi HC judgments  here:

Shaleen Kabra DV Act Judgments-2008

___________________________________

On The Feminazis Of The Bell Bajao Campaign

I was wondering what this Bell Bajao thing was about and after googling it, found this site:

Breakthrough.tv | Bell Bajao

Upon closer scrutiny, I noticed it had a large paid staff with fancy titles. You can check out their profiles here:  The Bell Bajao Team

So far so good. Next question. Who is funding or supporting these guys ?

One component of the answer was provided by a faint but familiar stench, wafting by this site. I recognized it immediately !!

Lawyers Collective !!!!

I followed the stench and found the source:

http://www.breakthrough.tv/pdf/dvpamphlet.pdf

The pdf contains the usual  propaganda about the PWDVA, highlights being:

  • The PWDVA is a civil law aimed at providing relief to millions of women, including wives, mothers, daughters & sisters affected by violence in their homes.
  • Residence: The woman cannot be evicted from the shared household
  • Monetary relief and maintenance: She is entitled to maintenance, including loss of earning, medical expenses, damage to property
  • Compensation: She can claim damages for mental and physical injuries
  • Interim Order/Ex Parte order: The court can pass an interim order to prevent violence before the final order. In the absence of the other party to the dispute, an Ex Parte order can be passed.

Here is a post to help the victims of the Indian domestic violence act :

Citations From Judgments To WIN DV Act Cases

What is wrong with this stupid law, apart from being clumsily drafted?

For starters, it mandates that only women are victims of domestic violence and attempts to prop up this myth with some numbers conjured up from someone’s rear end. One such Feminazi statistic is this much publicized:

One out of every three women faces violence behind closed doors

Really ??!!!

Let’s take a look at this number again.

India has a population of 1,000,000,000 (1+ Billion.  What a shame !)

Let’s say approximately half of them are women of all ages so that makes it 500,000,000.

According to this Feminazi statistic,  1/3 of these women of all ages face domestic violence behind closed doors.

This means

500,000,000 / 3 = 166,666,667

which is effectively a little more than half the population of the US.

Considering that this law (PWDVA) defines domestic violence as being inflicted only by men upon women, then we have an equal number of men, 166,666,667,  subjecting women to domestic violence behind closed doors.

This effectively means, 320,000,000 Indians are living in violence and misery.

What does this number really mean?

This number means that the entire Indian Middle Class is living in misery and subjecting itself to domestic violence.

Why would I say middle class?

Because nobody cares about the  poor and the abjectly  poor brethen of our country, whose number goes into 600,000,000+. They face a greater violence: poverty.

How does one apply the DV in its present form, with compensations, right to residence and all its idiocies to the poor and the very poor?  Heck  ! If you don’t live in a house which Bell will you Bajao?

In reality the poor don’t have the taste for the finer aspects of life like the PWDVA.

You can forget about the political class and the very rich. Things like the DV Act don’t apply to them, because if it did, the beneficiaries of this nonsense would be booted onto the streets, instead of hob nobbing with the elites and the political class in fancy hotels and conference venues. Try getting past the security guards and the throngs of hangers on to Bajao the Bell of the homes of the political class and the very rich.  To illustrate my point, try to Bajao the Bell of Union Minister “498A accused” Arjun Singh !!

By this reasoning,  a huge chunk of the Indian population can be eliminated from the purview of the DV Act.

This leaves the upper middle, the middle, and the lower middle classes, which are estimated to be around 400,000,000. The PWDVA is targeted precisely towards this strata of Indian society and so does this shoddy campaign. The middles classes have not organized themselves into a solid voting block. They remain divided and are a tempting target for Indian Feminazis to extract their pound of flesh from.

For a population size that is still greater than that of the US, that is a lot of Bells To Bajao, cases to stuff down into clogged courts, protection orders to issue and prime properties to be taken over under the excuse of right to residence!!

One last question. If all this domestic violence was going on behind closed doors, how on earth did these people compile these statistics ?

Talking about statistics, here are some real ones compiled by the NCRB.

The first set is the comparison of the rates of suicide by Men Vs Women from 2006 and 2007

Here is another somber number from the NCRB.

The illegal arrest of over 1,30, 000 women on account of the same kind of malicious propaganda as this silly Bell Bajao campaign, the dowry law:

I end with a little ditty that is sure to Bajao the Ghanti  of these Bell Bajao types !

Ding Dong Bell
Frog in the well
She pulled his hair
You think it is fair?
He screamed his lungs out
As he was being thrown out
Who goes to jail?
It’s Johnny, without fail
Oh what a nasty bitch you are
To gloat on a gender war!

-Ditty By A 498 A sister And warrior

_____________________________________________

Email The CIC, Wajahat Habibullah – Indian Express

I just came across this article in the express.

Here is the email address of the CIC: whabibullah@nic.in

This is what he looks like:

cic

You can read the article here: 

http://www.indianexpress.com/news/cic-and-his-inbox-of-rti-requests/419231/2

______________________________________________

Kapil Rastogi Vs Urvashi: DV Case – 2009

Kapil and his mother found themselves as the accused in a domestic violence case.

Kapil managed to get his mom out of it due to a provision in the DV Act that prohibits the DV Act from being filed against any women members of the family.

We need to thank god for his tender mercies and one of them is the stupendous stupidity he bestowed the draftees of this silly law with !

Is it a wonder that the Supreme Court called it a “clumsily drafted” law?

Here is the provision that allowed Kapil to get his mom out:

kapil-urvashi

Here it is the judgment:

Kapil Rastogi Vs Urvashi: DV Case – 2009

_________________________________________________


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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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Disclaimer:

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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