Category: law

Judge Affair-Rs.100 crores fine on Times Now. Lordships are always One.
The Fourth Estate.

I read an interesting Blog that views the Rs.100 cr. fine on TimesNow for telecasting a wrong picture of a Judge in a scam.

Truly a fine point.

In Bold letters are my views on the blog.
The Judges seem to have the old boys net work syndrome and any thing that touches a Judge is frowned upon and in many a case Contempt of Court is slapped against those who speak against a judge.
Be it as it may,Electronic media also crosses the limit in conditioning the people by airing stories which are Opinion sowing.
In this case TimesNow, may be at fault only technically but in many a case it has crossed journalistic ethics.
Also,take the case of Barkha Dutt of NDTV,or Vir Sanghvi,who were in deep conversation with Nira Radia.
What happened to them?
The Fourth Estate is also equally guilty of the same misdemeanor as the Court in protecting their own.

Story:

Has anyone got any case resolved so fast – from the Pune District Court to the Supreme Court, and back.

So very fast.

Has any other litigant won any award which was anywhere even close to this. Say 1% or 2%of this award?

The Lordships may end up promoting a belief that the judiciary is taking care of its own. Is that the impression that the Indian judiciary wants to promote?…

This award seems to fortify the impression that people have of the judiciary – so well represented in this cartoon. | Cartoon by Manjul; Published on 26-12-2009; source and courtesy – manjul.com | Click for source image.

Justice Verma, who chairs the News Broadcasting Standards Authority (NBSA) set up by the News Broadcasters Association (NBA), said he was reminded of an incident long back when a weekly magazine had published a photograph of Justice K Ramaswamy instead of Justice V Ramaswami in an article relating to the impeachment of Justice V Ramaswami.

“At that time, every one of us in the Supreme Court, including Justice K Ramaswamy himself, just ignored it because no one could attribute anything wrong to Justice K Ramaswamy, whose photo had been wrongly published instead of that of Justice V Ramaswami,” he said.

http://quicktake.wordpress.com/2011/11/17/100-cr-award-against-times-now-has-anyone-got-any-award-so-fast/#comment-4115

Please read my blogs on Media.

Related articles
- Why is it so hard to budge a judge? (indialawyers.wordpress.com)
- The seven deadly sins of judges (indialawyers.wordpress.com)
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18 Nov 2011
Rajiv Killers Santan,Perarivalan, Murugan Case stayed.Unconstitutional.
The Constitution of India’s stand in Presidential clemency is –

‘The articles 72 and 161 of the Indian Constitution add a human touch to the country’s judicial process by conferring powers on the President and the Governors of various states, respectively to grant pardon or show mercy to criminals sentenced to death. These two articles of the Constitution of India endow the President and the Governor with the power to view the mercy applications of convicts with kindness. They can review the applications without having to view it from a legal angle like that of legal experts who base their opinion solely on the basis of available evidence and the testimony of witnesses.

The powers of the President and the Governor are applicable in these cases:
- where the punishment or sentence is by a court martial.
- the offence is against any law relating to a matter to which the executive power of the union extends.
- where the sentence is a sentence of death.’
- http://www.lawisgreek.com/constitution-of-india-and-provisions-for-mercy-pleas
- Pardon is at the sole discretion of the President and not to be claimed or demanded as a matter of Right and the decision of the President is final.
- If the courts were to stay the order of the Supreme Court and the rejection of the mercy petition is to be stayed by the High Court , what is the sanctity of the offices of Supreme Court and the President?
- If the Court were to stay the execution, and if some one were to file a petition against this stay, will the courts again take up the matter?
- Then there will be no end to the process and it will be a mockery of Law.
- Ram Jethmalani argues that the President took eleven years to decide on this and hence the sentence has to be commuted.
- If at all any one has to take the blame and be punished, it is the President/s who sat on the petition , which you can not do.
- Now the High Court has extended the decision making process delayed by another 8 weeks, Jethmalani can add this period and ask more vehemently for commutation of the sentence.
The whole issue is nothing but bowing to pressure groups which are bent on gaining political mileage.

The State government had ,sadly, to bow to pressure and pass a resolution for clemency.

Jayalalithaas’s earlier stand that she had no powers is correct.

I did not expect this from a no non-sense CM like Jayalaithaa.

On the whole the system of Law and Judiciary is being subverted by mobs, which does not augur well for governance.

read my earlier blog ‘Why Rajiv’s killers be spared?’

Perarivalan,Murugan and Santhan.

TheMadras High Courton Tuesdaystayed the executionof three Rajiv Gandhi assassins for eight weeks. On the other side, the Tamil Nadu Assembly also adopted a unanimous resolution urging thePresidentto consider review petition of the assassins……

Defence counsel Ram Jethmalani argued that the mercy petition of the three men was rejected by the President after more than 11 years changing an earlier convention that any delay beyond two years meant death sentence would be commuted to life imprisonment.

Rajiv Gandhi was killed by an LTTE suicide bomber at an election rally in Sriperumbudur near Chennai on May 21, 1991…..

Assembly passes resolution on clemency
Meanwhile, the Tamil Nadu Assembly on Tuesday adopted a unanimous resolution urging the President to consider review petition of Rajiv’s assassins.

Chief Minister J. Jayalalithaa moved the resolution and the House passed it unanimously. It will now be sent to the President.

:http://indiatoday.intoday.in/story/madras-hc-stays-hanging-of-rajiv-gandhi-killers/1/149512.html?cp
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30 Aug 2011
Why should Killers of Rajiv Gandhi be Spared?
There is a concerted attempt going on to free the killers of Rajiv Gandhi.

Those who advocate the view that the killers should be spared from the hang man’s noose conveniently forget the pain they caused to the people around those they have killed.

It is not merely Rajiv Gandhi they have killed others too, apart from alienating the Tamils of SriLanka from the Indian polity.

Worst is the man who ordered the killers of Rajiv Gandhi, after years of silence, merely said ‘it is a regrettable instance’.

Another argument is the evidence against Perarivalan is insufficient and the Rajiv Gandhi assassination case is not over yet.

-Supreme Court ,Evidences et al is for nothing?

It is another matter that death sentence is to be abolished.

Till such a law is passed,present Law should prevail, not withstanding pressures by a group which can not/refuse to distinguish Freedom Fighters from Criminals.

As the clamour forclemencyfor the three convicts in theRajiv Gandhi assassination casegrows, the Madras High Court on Monday admitted a plea to hear the case seeking to stay their hanging on September 9.

The high court fixed Tuesday to hear the petition.

Harithra, the teenaged daughter of one of the convicts — Murugan — living in an undisclosed place in the United Kingdom, had earlier written to Congress president Sonia Gandhi and Tamil Nadu Chief Minister J. Jayalalithaa appealing to them to forgive her father.

Harithra’s mother Nalini was also sentenced to life imprisonment but the Supreme Court later commuted it to life imprisonment.

Santhan and Perarivalan were the other two assassins who are scheduled to be hanged in the central prison in Vellore on September 9.

:http://indiatoday.intoday.in/story/rajiv-gandhi-assasination-madras-high-court-admits-mercy-plea/1/149436.html?cp
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29 Aug 2011
Pakistan Rangers Kill an Innocent Man in Cold Blood.-Video.
Is Pakistan going the Taliban way<

Pakistan authorities are investigating a video which appears to show the shooting of an unarmed man by five members of the security forces in Karachi. Major General Aijaz Chaudhry, the chief ranger for Sindh province, said the inquiry was set up after footage of the alleged killing on Thursday of Afsa Shah, 18, appeared on local television stations and the internet website, YouTube. Shah is alleged to have attempted to steal from a policeman’s family in Clifton, Karachi‘s most exclusive neighbourhood, on Wednesday. Shah’s brother, Salik, a local TV crime reporter, denied Afsar was a robber and accused the the security forces, also known as rangers, of shooting an innocent person. “My brother has been killed extra judicially. My innocent brother has been killed brutally by the rangers,” said Salik. “What harm has he inflicted on anybody?” The footage of the alleged brutal killing of the man has outraged Pakistanis. Many people in Pakistan are already losing confidence in the national military, following the US killing of Osama bin Laden in Pakistan and recurring fatal US drone attacks within Pakistan’s borders. The graphic video appears to depicting the young man pleading for his life before he is shot in the hand and thigh by a soldier and then left to die.

http://english.aljazeera.net/video/asia/2011/06/201169185514224350.html

A court on Friday remanded into custody two paramilitary soldiers over the killing of an unarmed man that shocked the country.

Rangers personnel Shahid Zafar and Mohammed Afzal were handed over to police in Karachi on Friday by their military commanders, senior police official Tariq Dharejo told AFP.

“We have produced them in a sessions court where the judge remanded them into police custody for five days until Wednesday,” Dharejo added.

http://www.dawn.com/2011/06/10/rangers-personnel-accused-of-killing-sarfaraz-remanded-to-police-custody.html
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11 Jun 2011
Caning In Malaysia-Video.Human?
http://www.liveleak.com/view?i=5ab_1172940415

Is this Human?
```
WARNING: THIS VIDEO CONTAINS IMAGES OF EXTREME CRULTY TO HUMAN BEINGS AND MAY DISTURB SOME VIEWERS

SO THIS IS WHERE YOU’RE SENDING ASYLUM SEEKERS AND UNACCOMPANIED CHILDREN IS IT GILLARD?

They cane refugees there don’t they? But wait! Gillard and the U.N. can stop them! Yeah!!!
http://www.liveleak.com/view?i=5ab_1172940415
```
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10 Jun 2011