Archive for the 'JD Kapoor' Category

Justice JD Kapoor Clarifies Arrests/Bails/Chargesheets

This is 8 pages of valuable information. If you read this, this you will know more about arrests/bails and chargesheets than anyone else.

I here is the judgment: Court On Its Own Motion Vs CBI-2004: Justice JD Kapoor

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Justice JD Kapoor In Action Again: Fines ICICI Bank Rs50 Lakhs

I was wondering what Justice Kapoor was doing these days. He is the judge who was among the first to highlight the abuse of 498A and ended up having his chair broken for his honesty.

Here is a photograph of him:

justice-kapoor.gif

This is what he had said:

Once a complaint is lodged under Sections 498A/406 IPC whether there are vague, unspecific or exaggerate allegations or there is no evidence of any physical or mental harm or injury inflicted upon woman that is likely to cause grave injury or danger to life, limb or health, it comes as an easy tool in the hands of Police and agencies like Crime Against Women Cell to hound them with the threat of arrest making them run here and there and force them to hide at their friends or relatives houses till they get anticipatory bail as the offence has been made cognizable and non-bailable. Thousands of such complaints and cases are pending and are being lodged day in and day out.

Well, he has been busy, this time with the consumer forum, protecting consumers from the hired goons called recovery agents.
Click here for the article:
An excerpt:

NEW DELHI: The Delhi Consumer Commission fined ICICI bank a whopping fine of Rs 50 lakh for employing “goons” to recover loan and deplored the practice of the banks intimidating consumers to pay the installments.
In the significant judgement, the Commission deprecated the “audacity and impunity” with which the banks have been effecting forcible possession of vehicles and ordered ICICI also to pay Rs 5 lakh to a consumer, who was mercilessly beaten by the recovery agents while they snatched a loaned car from him.
“No civilised society governed by rule of law can brook such kind of conduct,” the Commission’s President Justice J D Kapoor said, adding the violent methods adopted by the recovery agents were serious violation of “human rights”.
Holding the ICICI Bank guilty of “unfair trade practice,” the Commission termed such miscreants as “yahoos” and said they are boorish and a brutal lout, who care a fig for legal and judicial authorities, including the Supreme Court.
While taking to task the leading bank, it vented its anger on ICICI for flouting the apex court’s direction that restrained all the financial institutions from employing musclemen to recover a loan amount or possession of a vehicle.

Here is more about the same from Atimes.com:

http://atimes.com/atimes/South_Asia/IK08Df03.html

Here is the judgment he is famous for:

https://ipc498a.files.wordpress.com/2007/03/justice-jd-kapooronarrest.pdf _______________________________________________________

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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The Judgments Of Justice Shiv Narain Dhingra

Matrimonial home is  not just a building made of bricks and walls. It is a home/place comprising of sweetness of relations of family members and elders, full of blessing.

-Justice Shiv Narain Dhingra

Justice Dhingra was a judge of the Delhi High Court. I learned about him from an article written by the Indian feminazi, Indira Jaising, to tarnish his reputation. As I read his judgments, I realized that he is an upright judge and Indira Jaising was maligning him with some silly but vicious motive.

Here is the link to that article by Indira Jaising: “It was a crime that I was born a woman”.

While talking about Indira Jaising, click here to know what she did to a lady in violation of article 21 of the Indian Constitution, and in disregard of the right to due process (Indira Jaising had a woman whose brother was having marital issues jailed. The lady was released after her brother paid his estranged wife $100,000).

Read this article to know more about Justice Dhingra:

http://www.rediff.com/news/mar/17rai3.htm

The same in pdf format if it disappears:

Rediff on the NeT: The judge who took on Parliament and politicians

Justice Dhingra took many steps to end the extortion in the name of Section 498A in Delhi. He started with the judgment that changed it all:

Smt Neera Singh (498A Income tax) Judgment of 2007.

Here is a post with what additional details I could find about him:

Justice SN Dhingra

Here’s his Linked in profile:

http://in.linkedin.com/pub/shiv-narayan-dhingra/29/293/597

The residents of Delhi have a lot to thank this judge for. Read the article below to understand what I mean:

Here is a collection of some of his most relevant judgments for fighting 498A cases. For the beleaguered lot entangled in 498A cases across India, these judgments are a gift from a god.

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The Wife Of A Karnataka Cadre IAS Officer Is Fighting Corruption

I read about Mrs JN Jayshree here:

“In the southern Indian state of Karnataka (of which Bangalore is a part), J. N. Jayashree, wife of a state bureaucrat named M. N. Vijayakumar who has spoken out vigorously against corruption in the government there, started a blog as a way to spread the word about the pilferage currently plaguing Karnataka . Raising her husband’s international profile in the face of the recent murders of whistleblowers such as Satyendra Dubey and Shanmughan Manjunath was another motivation.”

This is an article about her in the New York Times

This is her blog: Fight Corruption Now

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Sushil Kumar Sharma Vs. Union of India (UOI) and Ors – Jul 19 2005*

This is the writ petition that was filed to declare 498A unconstitutional. After running through it, I beleive that it was framed inadequately.

Anyway, water under the bridge, here is the judgment: Sushil Kumar Sharma Vs. Union of India.

*Sourced it from the blog of a guy called Vinayak.

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School Teacher Acquitted In 498A Case

Here is an inspiring story of a very forgiving school teacher and father in law. The cops humiliated him and his family.

Download the pdf here: School teacher Paraded by cops praised by court

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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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