Archive for the 'Corruption' Category

Purging The Police Ranks In UP

Here is the link to the article. What is remarkable is the fact that most of the jobs in the police force were obtained by bribing the recruiting officials. This shows the endemic rot within the system.

These are the morons that are supposed to handle domestic disputes like 498A.

Here is an excerpt: “It is no secret that, throughout India, some candidates hoping to join the police pay to secure a post. The starting salary for a police officer in Uttar Pradesh is 3,500 rupees a month – a low wage by Indian standards. But if an officer can supplement his income by taking bribes, the relatively high entry fee could be seen as a sound investment.”

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Penal Provisions Pertaining To Bribery And Corruption

I got this from the website of the CVC.

It is important to remember that a public servant charged with corruption is presumed to be guilty.

Here is the document: Penal Provisions Pertaining To Bribery And Corruption

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SC: Reservation Has To Pass The Test Of Rationality, Fairness

Looks like the SC is sticking it to the morons in the govt who came up with this half brained idea.

Here is the link to the article from TOI:

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Delhi HC Bail Orders

Here are some of the old 498A bail orders of the Delhi HC. You can see how frivolous some of these 498A complaints are. The reason for collecting these bail orders is primarily to show the stupidity of the prevailing situation in our country. This is a tiny fraction of some of the old bail orders from just one High Court of our country. Can you imagine the scale of the abuse of this law happening across the rest of the country?

Think of the local courts, district courts, High Courts and the cases that reach the Supreme Court. Think of the court time wasted in processing these frivolous cases. Think of the lives destroyed of ordinary citizens entangled in the slow Indian criminal justice system, due to badly framed and implemented laws such as 498A.

Do you think a real victim of dowry harassment can get justice if her complaint lands among this pile of frivolous complaints? Who would have the time to investigate her complaint and bring the culprits to justice? The cops won’t. The courts are choking with frivolous complaints that it will take ages before her case concludes.

Under these circumstances, Justice will be delayed and in such circumstances, justice is denied.

The four factors, which are relevant for considering the application for
grant of anticipatory bail, are
:

  1. The nature and gravity or seriousness of accusation as apprehended by the applicant;
  2. The antecedents of the applicant including the fact as to whether he has, on conviction by a Court, previously undergone imprisonment for a term in respect of any cognizable offence;
  3. The likely object of the accusation to humiliate or malign the reputation of the applicant by having him so arrested; and
  4. The possibility of the appellant, if granted anticipatory bail, fleeing from justice.

Most of the following bail orders are by Justice Pradeep Nand Rajog.

You can read about him here: http://delhihighcourt.nic.in/pra_rajog.htm

All the bail orders are in pdf format:

  1. Bail Denied To 498A Accused. Trend Noted
  2. Bail For In-Laws Of Deceased
  3. Bail For Mother In Law Of Deceased
  4. Bail For Sister In Law Of Deceased
  5. Bail Granted Airline Baggage Case
  6. Bail Granted General Complaints
  7. Bail Granted Hubby Disappears
  8. Bail Granted-Hubby Gives Maintenance
  9. Bail Granted-Saudi Arabia
  10. Bail Granted-Wishy Washy Complaint
  11. Bail Granted-Blue Films
  12. Bail Granted-Kerosene-Hubby-Ready-To-Reconcile

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Governance And Right To Information

A blog I came across: http://egovernance.wordpress.com/

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Woman Fined For Abusing DV Act

The original article has been taken down by The Statesman.

You can read the pdf, think of it like a news clipping, here: Woman Fined For Abusing DV Act

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An Example Of A Writ Mandamus-The Shankaracharya Case

I had written about restraining a police officer from abusing his powers in a previous post

Here is the excerpt from the judgment from that post that explains writ mandamus:

“It appears to us that, though the Code of Criminal Procedure gives to the police unfettered power to investigate all cases where they suspect that a cognizable offence has been committed, in appropriate cases an aggrieved person can always seek a remedy by invoking the power of the High Court under Article 226 of the Constitution under which, if the High Court could be convinced that the power of investigation has been exercised by a police officer mala fide, the High Court can always issue a writ of mandamus restraining the police officer from misusing his legal power”

I was looking for a good example of a judgment in response to a writ mandamus petition. I found a great example. This is the case of the Kanchi Shankaracharya who got entangled in a criminal case.

Looks like the police froze the accounts of the trust he runs and subsequently, the writ mandamus was filed and upheld by the Chennai High Court.

The Hon’ble judge says:

“Prof.Wade, in his magnum opus “ADMINISTRATIVE LAW”, (9th Edition – Page 343), observes as follows, while dealing with “Restriction of Discretion”: ” The first requirement is the recognition that all power has legal limits. The next requirement, no less vital, is that the courts should draw those limits in a way which strikes the most suitable balance between executive efficiency and legal protection of the citizen. Parliament constantly confers upon public authorities powers which on their face might seem absolute and arbitrary. But arbitrary power and unfettered discretion are what the courts refuse to countenance. They have woven a network of restrictive principles which require statutory powers to be exercised reasonably and in good faith, for proper purposes only, and in accordance with the spirit as well as the letter of the empowering Act.”

I am adding this here, as the cops play the role of the intimidator, bounty hunter, goon and extortionist in almost all 498A cases. A writ mandamus is one of the means to put them in their place. If you need more convincing, re-read the excerpt from the judgment above.

Here is the judgment: Chennai HC: An Example Of A Writ Mandamus

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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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