Despite the practice’s name, the arresting person is usually designated as any person with arrest powers, who need not be a citizen of the jurisdiction in which he or she is acting.
India
According to article 43, of the Code of Criminal Procedure, 1973 “Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station.” http://en.wikipedia.org/wiki/Citizen’s_arrest
BJP seems to be worried over Jethmalani’s decision to appear before PAC on 2G scam.Here is the man who wanted Pakistan to be involved in Kashmir ,which is a part of India.
Look at some of the cases he represented.
He has a number of high-profile defense cases to his credit as a lawyer (citation). He has taken up unpopular defense cases such as defending the killers of former prime minister Indira Gandhi, people involved in market scams (Harshad Mehta and Ketan Parekh), and a host of gangsters and smugglers including the British citizen Daisy Angus who was acquitted of hashish smuggling after serving 5 years in jail. He has also defended death sentence of Mohammad Afzal a Pakistani terrorist convicted for 2001 Indian Parliament attack.He also defended L.K Advani in Hawla Scam. Recently he was in the news for taking up the defense of Manu Sharma, prime accused in the Jessica Lall murder case, however, he failed to get Manu Sharma acquitted. He is now going to be defending Lalit Modi – IPL Chairman.[3][4][5][6].
Ram Jethmalani (Sindhi: رام جيٺملاڻي राम जेठ्मलानी, born September 14, 1923, in Shikharpurin Sindh (now in Pakistan)) is an Indian politician and an eminent but controversial criminal lawyer known for defending infamous individuals like Harshad Mehta, Manu Sharma,Mohammad Afzal, assassins of Indira Gandhi and Lalit Modi. The family inherits its surname Jethmalani from Shri Jethmal who was an eminent personality in Shikarpur, Pakistan and later a minister in Afghanistan.
Related;
New Delhi, Dec 28 : Refusing to follow his party’s line, eminent lawyer and Bharatiya Janata Party (BJP) member Ram Jethmalani Tuesday said he can fight the case for convicted rights activist Binayak Sen against the party’s government in Chhattisgarh.
Sen, 59, was Dec 24 held guilty of sedition by a Chhattisgarh court and sentenced to life term. He is a vice president of the People’s Union for Civil Liberties.
“I would do it for him, I would fight for Binayak Sen. No party line says a lawyer should not fight a case,” Jethmalani told CNN-IBN.
In this conversation, Radia is discussing the Justice Reghupathy case (where the Madras High Court judge alleged that a Union minister had tried to influence him, and Dayanidhi Maran immediately pointed fingers at A. Raja).
RKC:Us se kya hoga, he had nothing to do with that.
NR:Nahin, apparently, jo naam media ko circulate hue hain na 9’o clock news ke liye… WohA. Raja, Azhagiri…
RKC: Hmm…
NR:To phir Azhagiri drop hua because unhone kaha ki Azhagiri nahin hai, to Raja ka naam sab jagah hai.
RKC: Hmm.
NR: This one also came off the air, Rajdeep (Sardesai) he also told me the same thing; NewsX also told me the same thing, everyone is taking his name. In the evening I met Shivnath (Thukral), also from NDTV, sabne yehi bola ki it’s Raja’s…then I spoke to Times of India, because (I was) talking on my gas story, so they said that the name that is being discussed…has been told to the law minister…is Raja.
RKC: Hmm…I don’t know, I didn’t speak to anybody.
NR: Just letting you (know)…that his…there are very many people who just spread his name and it’s not true you know, that’s why I just called you….
The Madras High Court matter also featured in a conversation with Ratan Tata on July 7, 2009…
Ratan Tata: …I guess the only concern I have is that I understand that Maran is going hammer and tongs for Raja. And I hope Raja doesn’t trip or slip or…
NR: No, he hasn’t, because the chief justice has issued a statement that no minister called the high court judge.
RT: Oh, really?
NR: The Chief Justice of India has issued that statement. So that is clarified. And in any case that did not happen and Maran is made to look a little bit of a fool.
RT: Okay.
NR: It was in any case, it was actually the president of the bar association who said, ‘I know the minister’, in an open court and the judge said don’t bring the cabinet minister’s influence in my court.
RT: Okay.
NR: Raja had not called up for that at all. That’s got clarified.
RT: Okay.
Related:
The former judge of the Madras High Court, who alleged he was threatened by A Raja — Justice Reghupathy has spoken out saying he is neither scared or confused. Justice Reghupathy on Saturday (December 18) rubbished the earlier reports which said that he feared powerful interests now that the scandal has gone public.
Justice Reghupathy once again reiterated his stand saying that the letter written to the Justice Gokhale which was eventually forwarded to Justice Balakrishnan did mention A Raja’s name.
He said, “I have never been scared or confused. I maintain my silence on this issue. All materials are available and I don’t need to say anything further. The name of the minister (Raja) is there in the order itself. No further materials are required now.”
The statement questions former Chief Justice Balakrishnan’s claim, even as he maintained that the letter sent to him did not mention any minister’s name.
From the media reports subsequent to the press release by Justice Gokhale, it appears that I suppressed certain facts to save somebody. I never wanted to publish any confidential letter received by me in my capacity as Chief Justice of India. But as the contents of the letter by the Chief Justice of India to the Chief Justice of Madras High Court, and also the letters written by the Chief Justice of Madras High Court to CJI have already been made public through that Press Release, with much reluctance I am constrained to quote from my personal file, the full text of the report dated 08th August, 2009, given by the then Chief Justice of Madras High Court to me so that the matter be clarified.
In an embarrassment to former CJI K G Balakrishnan, Supreme Court Judge H L Gokhale on Tuesday (December 14) contradicted his claim that he was not aware that it was former Union Telecom Minister A Raja, who had tried to influence a Madras High Court judge in a criminal case.
In a statement, Justice Gokhale, who was the chief justice of the Madras High Court at that time, said that in his letter to Justice Balakrishnan, the then CJI, he had clearly referred to the name of Raja.
Justice Gokhale’s statement totally contradicts Justice Balakrishnan’s claim that there was no mention of any Union Minister in the report sent by Justice Gokhale, then High Court Chief Justice, on Justice S Reghupathi episode.
The e-mail from my son was urgent; the subject line read simply “help.”
My wife and I ran to the car, dialed 911 and headed home, where D.C. police officers were just arriving as we pulled in.
Sometime between 10 a.m. and 12:45 p.m. Friday, a burglar busted through our basement door — simply kicked through the 80-year-old wood panels — and took a bunch of stuff. My son, 15, got hit hardest; his laptop, iPod, savings bonds and cash were gone.
Just one more example of life in the big city. Except that the apparent thief didn’t stop with taking our belongings.
He felt compelled to showboat about his big achievement: He opened my son’s computer, took a photo of himself sneering as he pointed to the cash lifted from my son’s desk, and then went on my son’s Facebook account and posted the picture for 400 teenagers to see. In the picture, the man is wearing my new winter coat, the one that was stolen right out of the Macy’s box it had just arrived in.
“I’ve seen a lot, but this is the most stupid criminal I’ve ever seen,” marveled D.C. police Officer Kyle Roe, who stayed with us for hours as we waited for the crime scene technician, who painstakingly lifted dozens of fingerprints from nearly every room in the house.
Procedural or not these questions need to be answered.
Story:
The attorney equated Islamic religious law with terrorism during a hearing and taunted a witness who said he believed Islam was a religion, in part, because it was defined as such by the federal government.
“Are you one of those people who believes everything the government says?” attorney Joe Brandon Jr. asked Rutherford County Commissioner Gary Farley. “Are you aware the government once said it was OK to own slaves?”
Plaintiffs who oppose the mosque want a temporary restraining order to block construction on the site. They claim county officials violated state law by failing to provide adequate notice of the meeting where the site plan was approved.
But many of Brandon’s questions had nothing to do with procedural issues, and he repeatedly drew objections from lawyers for the county.
“Do you want to know about a direct connection between the Islamic Center and Sharia law, a.k.a. terrorism?” Brandon asked Farley.
Islamic religious law, or Sharia, is composed of core rules that most all Muslims recognize, though some interpret it to include rulings from religious scholars that are sometimes controversial. What many Muslims consider Sharia law is simply a code of conduct that’s in line with traditional Western ideas of morality.
At one point during questioning, Brandon began asking whether Farley supported hanging up a whip in his house as a warning to his wife and then beating her with it.
Farley protested that he would never beat his wife.
County attorney Jim Cope objected to the question, saying, “This is a circus.”
In response to one of Cope’s objections, Chancellor Robert Corlew conceded that Brandon had not established any proof, in four days of testimony dragging over three weeks, that local Muslims were in any way a threat.
But the attorney asked similar questions of later witnesses, only posing his questions more hypothetically. He asked Commissioner Will Jordan whether groups that support sedition and the sexual abuse of children should be called religions.
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