THE JUDICIARY :: FRACTURED PILLAR OF INDIAN DEMOCRACY

THE JUDICIARY-A FRACTURED PILLAR OF INDIAN DEMOCRACY
CONCEPTS & EXTRACTS IN HINDUISM By :: Pt. Santosh Bhardwaj  
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Chidambram is an MP and yet he pleads the cases of criminals-builders in the Supreme Court. How is it that a man, who is drawing salary from the government exchequer is collecting millions as well as fees?!. If a government servant is not supposed to take up any other job, how is it that he and others of his clan-are practicing side by side?! Is the Supreme Court not aware of this basic feature of Indian constitution.[25.02.2017]Courts take cognisance over petty matter of their own. But, now Maya Vati is openly inviting Muslims and the back ward classes to vote in her favour, in spite of the order-judgement of the Supreme Court. The election commission too is maintaining studied silence. Who will bring the matter to their notice and when will they act ?! Do not they see TV/read news papers?![19.02.2017]
One of the biggest lacuna-weakness of Indian constitution is that any one can became Chief Minister or even Prime Minister without being elected as a member of either Vidhan Sabha-State Assembly or Lok Sabha-Parliament. Man Mohan Singh headed the team of looters for 10 years. Now, Sashi Kala a woman of dubious integrity is craving for the the post of Chief Minister of Tamil Nadu. There may be a chance when a criminal occupies the post of Prime Minister without being elected to parliament by either by abducting or black mailing the members of parliament most of whom have numerous criminal cases against them.[14.02.2017]
The government is responsible to keep the Judiciary free. 1993 judgement pertaining to appointment of judges is not free from biases & strings.There is no mention of the collegium either in the original Constitution of India or in successive amendments. This is a pure case of high handedness.The supreme Court should act in this direction by asking the government to initiate steps to have law officials-judges through free & fair examinations on the lines of IAS. The collegium  system has its own limits. Only those judges should be promoted to the apex court, who have passed the ladders from sessions courts to Supreme Court through promotions. There should be no reservation at all and no out of turn promotions.One with doubtful-unfair conduct should be removed.Under the present circumstances the objections-fears of the BJP government may not be unfounded. Collegium system has always openings through back door, appointing inefficient, corrupt, imprudent people denying fair justice.[28.11.2016]

Modi has asked the Judiciary to propose setting up of All India Judicial Services. The confrontation between the Supreme Court and the Government over the appointment of Judges persists. Intentions of BJP government are clear :: It wants to appoint pro BJP faces in the Judiciary.The Supreme Court set aside the election of Mani Pur Congress MLA, Mairembam for falsely declaring in his 2012 nomination papers that he had an MBA degree. It said that voters had the fundamental right to know the educational background of the contestants.[02.11.2016]
Image result for Rachna Lakhanpal tees hazari judgeRachna Lakhan Pal a senior judge in Tees Hazari court, Delhi was caught red handed while accepting bribe money of Rs. 4,00,ooo. Rs. 94,00,000 in cash were also sized from her. Its not the first ever instance of deep rooted corruption in judiciary. Bala Subramanian, a retired Supreme Court Judge faced corruption charges. He favoured his daughter in his judgements. Its a normal practice to pay for seeking dated or favours from the judges of all hue, by the lawyers.[30.09.2016]
VACANCY OF JUDGES :: The Chief Justice of India has asked for 70,000 more judges to clear the backlog of 3,00,00,000 cases. The reality is just opposite of it. It can be proved that the time is wasted in courts in useless formalities and petitioners are compelled to hire lawyers for heavy fees, who extract money from the justice seekers till they come on the road and prefer to settle or withdraw the case. The lawyers prefer not to issue receipts for the money collected by them. They often ditch the petitioner in between after charging the full mount of fees from them. Even the income department do not raid them.  They are the most sacred people in India. The system is equally responsible for the backlog. Tamil Nadu and Punjab has lowest pendency of cases. Citing vacancies is not a valid argument. The reality is that the judges are happy in giving date after date. They reach the court late and take leave soon. Which other profession allows the employees to take leave during summers except teachers and judges?! If you have calibre and capability, get the job done by them, within a fixed frame work of time. Why shed unnecessary crocodile tears?! Public do not find King Vikramadity or Raja Bhoj in you. Neither you are Akbar nor emperor Jahangir. It had been observed with pain that the judges of a bench of CAT started hearing around 11 A.M. and terminated the hearing in between of a matured case meant for final argument around 12 and left the court room and then different bench heard it and the case dragged for two more years. The judge should have well developed-inbuilt insight, intuition, logic ability to argue and see reason and thoughtfulness. He should be sensitive and just. He should be ready to deliver the judgement within 2-3 dates. He should not linger on the case indefinitely. He should not allow frivolous writs and repeated appeals by the government departments, used as a tool to harass the employees by the notorious motivated elements. It has been pointed out that more than 30% of the judges are practising on the strength of fake degrees. Who will rein them?![20.06.2016]
The judge is happy to grant stay too quickly and the case is extended further for lingering up to 6-7 years. It takes 10-15 years for case to come to the level of judgement which show gross inefficiency, lack of dedication, wilful delay, corruption, lack of devotion and a behaviour similar to the government officials specially the ministerial staff.[22.06.2016]
Section 498 a :: Justice Deepak Mishra & Shiv Keerti Singh castigated-brandished-labelled the mother in law as the one who always demand dowry. It clearly indicate their bias and absence of rational thinking. There are millions of families in India and the world over which never dream of dowry and believe in their own pious-honest earnings.Such words are derogatory and insulting whether intentional or unintentional.The justice done by them can not be free from injustice.[15.05.2016]
ENCROACHMENTS :: The Supreme Court of India has delivered a land mark judgement on 14th April, 2016 stating that the State governments should raze encroachments over the pavements, foot paths, government land-public land. One can find encroachments by the shop keepers in Noida over the veranda, bi-lanes, open space in front of their shops. Encroachments over the foot paths, pavements and government land are very frequent and common in Noida-UP. The authority officials are hand in globe with the encroachers and threat those who complain against them. Murders on this account too are very common.[06.05.2016]
LAUDABLE ALLAHABAD-UP HIGH COURT VERDICTS :: The court did not hesitate when it said that the UP police is an organised band-group of criminals, twice. The court has asked the ministers, officers, employees of government organisations to send their children to government school for studies. This court has asked the UP government to implement the Hon. Supreme Court's order meant to revert back the SC/ST employees, who promoted due to their being reserved class.
THINK OVER  IT: The same case is heard by different judges. They differ in their opinion-judgement of the case. Why do they differ?! Where is the fault, in the mind of the judge or the minds of those who framed the law? Isn't that the bias-attitude-opinion-circumstances over weighs the case?


When a noted lawyer, (-former law minister) comes up in support of some one like Asa Ram or Jaya, a common person is left amazed, since it shows the mental make up of lawyers and the ethics. Indian Judiciary is well known for lack of ethics by pulling the cases for 20-25 years. The government machinery is not far behind. They keep on appealing till there is no chance of its further appeals. For instance a 5 paise ticket led to dragging of a case for more than 25 years and a government expenditure running in Lakhs of rupees. 


Can you expect justice in the light of repeated adjournments and dragging of cases for years. The cases passes through a number of judges without conclusion. The lawyers keep on sucking blood of the victim protecting the oppressor-repressor. Should not the lawyers seeking adjournments be debarred? Should not the judges granting adjournments be removed from service? Should not the oppressor be sent to prison till the conclusion-disposal of the case, if he seek adjournments.
Handling of cricket gambling-scam and its chairman Shri Niwasan-shrni by the Hon. Supreme Court is laudable. A fair trial will reveal a lot of rotten lot. [29.11.2014]
OBSCENITY, VULGARITY, NUDITY & IMMORALITY
Section 292, 293 & 294 of IPC deal with obscenity, immorality, vulgarity, nudity without clearly defining these terms. Supreme Court has defined it, but that definition is quite confusing and in sufficient like other laws. The government should frame strict and clear laws to check the nonsense spread by the misguided and the crooked.[30.11.2014]
INJUSTICE अन्याय :: International Boxing Federation (AIBA) has committed a crime by punishing Indian Boxer Sunita Devi. She was never at fault. Her protest was correct by all means. Perhaps the officials have no virtue-values. The referee was definitely corrupt. One can not deny visible proof-footage which clearly shows that Sunita was definitely better than the opponent. The honor must be restored to her. She deserve whole hearted support & praise. What she did was correct and graceful. She has shown extra ordinary courage against the corrupt. Where is the question of impropriety? The Indians who assailed, definitely need to be reprimanded. She was made to weep, tears flew out of eyes due to the gross injustice done to the game and the player simultaneously. इसे कहते हैं मारो भी और रोने भी मत दो। 
What is the legal remedy for her?!
They hired eminent lawyers to plead their cases in courts. Even a small child will say that they are guilty. It shows the moral turpitude of these lawyers who claim to be clean-untainted unsmeared. They have interest in politics as well . How can a citizen expect justice from these people when they are in power?!Refer to the cases of Maya Mulayam, Jay Lalita, Asa Ram...
COLLEGIUM SYSTEM OF APPOINTMENT OF JUDGES V's LAW COMMISSION :: Indian judiciary is often blamed to shelter corrupt judges. Even the Chief Justice of India have been accused of corruption. After 1998 the judges are selected by a panel headed by CJI. These judges are selected from amongest the practicing lawyers and some of them are those, who have appeared for dreaded criminals-offenders-anti nationals, playing all dirty tricks for protecting them. One after another governments at the center were trying to turn judiciary into an obedient slave, giving verdicts at their dictates. 
India is a country where justice is costly-time consuming-harassing and unfair. The cases keep on dragging in courts for decades, celebrating silver-golden-diamond jubilee. The root cause, is the rotten-borrowed legacy-impractical laws and procedural delays-corrupt judiciary-inefficiency. Still the present government is talking of appointing judges from amongest the practicing lawyers.
India has UPSC-CBSC which conducts most of the reputed services examinations. Why should one have a new commission?!
Let the country recruit fresh graduates having 4 year LLB degree after class 12 examination. These aspirants should be trained and placed in district courts and given promotion thereafter, on the basis of their efficiency-capability in disposing off cases quickly aided with reasonable screening. They should be treated as normal civilians as for as law and order are concerned. The IPS should also join this group at the entry level but with the added competency in physical standards and training. The whole process should be transparent.The child should be able to opt for the specialised courses at the level of class XI like Science, Commerce and Arts. Pass outs of class XII with Law and Legislature as the main subjects should be absorbed as constables, court clerks and should be admitted in the government run Law colleges imparting education in Law and Legislature. They should have the option of appearing in Law Commissions's main examination.[30.07.2014]
PROTECTION TO THE GUILTY WITHDRAWN FOR THE THIRD TIME :: The Honourable Supreme Court has struck down the single Directive which bars the investigating agencies from initiating a probe against the senior officers-bureaucrats above the rank of joint secretary, without the prior permission. The court struck down the shield for the third time. Section 6A in the Delhi Special Police Establishment Act was held invalid as it seriously violated the fundamental right of equality granted under Article 14 of the constitution. In fact corruption is mushrooming under the protection of this unlawful act. NDMC-New Delhi's corrupt officials are safe due to this, since the vigilance department is not willing to act against them ignoring the complaints forwarded to it by the CVC & the CBI.[07.05.2014]
ADJOURNMENT :: Its a curse for the Judiciary in India. The lawyers and the the judge keep on postponing the hearing without any logic, forcing the the client to cough up more and more money in addition to wastage of time. One do not expect justice under the present climate. The judiciary is busy hearing sense less cases at the cost of the tax payer & the exchequer. One may not be able to get justice in his life time.
It is an evil, which is plaguing the judiciary in India. Billions of cases are pending in courts. Most of them are for minor petty offences. There are cases in which the accused can be discharged due to the change in law. There are the accused who are languishing in jails for a period which is many times higher than the one, for which they could be housed there, had they been proved guilty. Adjournments which have become routine and shows understanding between the judges and the counsels, should be banned completely. Adjournments should not be permissible under any circumstance. Issue of receipt for the payment made by the client to the lawyer  should be made mandatory. The counsel who tries to prolong the case should be debarred. The counsel who cheat and refuse to plead the case sincerely, should be debarred for ever. The counsel who fail to appear before the court on the due date, should be warned and after three warnings he should be made in eligible for argument before the court. All cases must be heard and decided within a time bound period, extended to three months, at the most; including charge sheet, argument, hearing. Appointments the benches be made on the lines of IAS/IPS/IRS through UPSC for the whole country and the job should be made transferable after a tenure of three years all over the country. All promotions should be made strictly on the basis of seniority, only. Reservation of all types should be made inapplicable to this job.

MALIGNING THE JUDICIARY :: It smells of a tirade  to defame-malign the judiciary.
Deep rooted well planned-well hatched conspiracy might be working, behind the sordid state of affairs.
Media gave undue coverage and media trial begun to earn trp's.
There is every possibility of the  involvement of top level-top ranking business houses, bureaucrats and politicians. People of  these three categories are involved in embezzlement of government assets in additions to con-mans.
A number of sensitive cases are pending in the Supreme Court pertaining to these categories of people. This is an indirect attempt,  made to bring the judiciary under pressure to their toes.
FIR's can be registered within 72 hours of the crime. During recent past, a series of cases have erupted in which FIR's have been registered after a gap of 10 years of the crime.
If some had genuine guise against the judge, she should have knocked the doors of justice-police not the media: twitter as is the case here.
The women are well educated and law graduates. Either they have not understood the limits of law or they are in the making of their own laws to bent the law to their feet.
Why did the women waited for so long for the judges to retire, from active service? Had they other some designs-motives in their minds ?
Were the women  blackmailing the concerned person during this period for favours ? Having failed to do so they became vocal by tarnishing their image of the judges.
Judges too are human beings. They are not super humans. 
They too were practicing lawyers before being appointed as judges.
Prejudice exits against such people who are enjoy public confidence.
At least 11 big business house were allotted coal blocks without scrutiny on the recommendation of PMO.

MURDER-RAPE-DACOITY BY JUVENILES :: The person who should have been in school, is in the remand home. Who is responsible for this: Society-Parents-Teachers-Religion-God or he himself? His Karm in the previous birth added with the deeds of the present birth will turn him into a dreaded criminal, a headache for the society and the law. Who would reform them and how would they be reformed? Its certain that they can not be reformed in juveniles-remand homes where they meet regular torture-neglect-suspicion. They are born and brought up in such places-families-environment which is conducive to criminalisation. JJ clusters-poverty-sex-violence-craze for high end goods, drive them to this life. Impact of films-internet-vulgarity  too is dragging them to the path of criminalisation.
The government has proposed to prosecute the juveniles above 16 years, involved in heinous crimes, like the adult offenders.Parents of the victim, who was brutally raped and murdered in Delhi by a rang of 6, including a minor have approached the apex court in this regard.[Delhi: 0212.2013]
Juveniles above the age of 13 involved in heinous crimes are treated as adults in some states of US, Indiana, South Dakota, Vermont, UK etc. UN favours juvenile justice (-Beijing Rules), which allows punishment in proportion to circumstances and gravity of the offence.
They are below 18. They ran away from a juvenile home after arson and rioting. Now they are booked for looting 50 kg silver and Rs.10 Lakh after murdering a jeweller's wife, residing in Mayur Vihar in New Delhi.[19.11.2013]
Minor planned to kill step mother and stabbed her younger brother to death.[12.10.2013]
Three minors sodomised a 34 years old man and then killed him with bricks.[21.07.2013] 
Two minors stole Rs.60 Lakh from a car.[07.05.2013]
14 year old boy rapes 6 years old girl in Seema Puri, Delhi [25.04.2013]
16 years old smashed a teen's head.[13.01.2013]
The girl gang raped by 6 young boys. One of them was a minor.[16.12.2012]
1541 juveniles were apprehended for various crimes last year, in Delhi. 100 were involved in murder and 74 were held for attempted murder. All figures quoted above are from Delhi only.
The law needs to be changed to treat them as grown ups for punishing them. If they are not dealt strictly they will turn up in to dreaded criminals.
Out of the 6 rapist of the Danish 51 year old woman, one is a juvenile. 2 of them are still absconding, but will be nabbed soon. Her phone and other goods have been recovered. [Delhi:18.04.2014]

CRIMINAL MINDS :: The home minister issued a circular to review the police-court cases pertaining to the Muslims. Next came the state of Maharashtra ready to repeal nearly 1.34 Lakh cases pending in the courts, for a long time. This amounts to appeasing the Muslims for political gains and weakening of India's law and order situation. From Hazi Mastan to Dawood Ibrahim, Bhatkal or Tunda one notices a sequence which is visibly closely nit with the political wisdom to act against them by sacrificing the countrymen. The government always blame the ISI when ever some act of violence takes place. UP government is not far behind it requests the courts to withdraw cases against the terrorists and honor those who are involved in massacre of innocent Hindus. There is not a single day when these people are not found involved in gory crimes like murder, extortion, kid napping, black mailing, dacoity, car lifting, looting, rape, theft and what not.

SLAVERY :: Unbelievable but true. Human trafficking appears to be a new word, but its very common. Its all happening right under the nose of the government with active participation, patronage and protection from the interested people. Innocent girls are brought to cities for house hold/domestic work, prostitution and sending abroad. Some of them are sold for marriage again and again. They are brutally tortured, if they refuse to do the desired. Guilty, if caught are bailed out with the connivance of policemen and judiciary. Dev Dasis and bonded labor are other form of slavery.
One would wonder if he is told about such parents, who sell off their daughters for prostitution. A number of villages are there in which the mothers rear the daughters for this illicit trade.
There are the people who supply maids for domestic work in the grab of placement agencies, who buy these girls and exploit them.
There are 29.6 million slaves globally. India leads the world, followed by China, Pakistan and Nigeria. India accounts for the 50% of world's modern slaves.[Delhi 18.10.2013]
[Delhi-06.11.2013] BSP MP-having 29 criminal cases including murder, along with his second wife-a doctor at RML hospital are arrested for the murder of their maid servant. The maid was mercilessly beaten-tortured by branding the private parts with a smouldering iron on a whim.
In India there are specific zones where the trade is carried out in full view of the police, judiciary, bureaucracy, political patronage and the connivance of criminals. Is it possible to sell a commodity if the buyers are not there?! Some regions of Punjab, Rajasthan, Andhr Pradesh and towns, where the boundaries of Rajasthan, Madhy Pradesh and Utter Pradesh meet, are the most common selling points for women. Red light areas of Delhi-G.B.Road, Bhindi Bazaar-Bombay, Sona Gachhi-Calcutta,  some villages in Agra close to Taj Mahal are most notorious.
Girls from Nepal, Bangal, Jhar Khand, Tribals from Madhy Pradesh, Bangla Desh are easy pray due to the poverty. International gangs are active all over the country, immunely.
There is not even a single day when 10-15 children are not trafficked from Delhi and NCR.
Its not difficult to identify such people who push humans into slavery. Let them be subjected to Life Imprisonment-till death.
Three highly traumatised women were rescued from a house in Lambeth, South London held as slaves for 30 years. Those who were arrested for the crime were released on bail. Britishers still indulge in enslaving people. The duo indulged in slavery was of Indian origin. The slave owner is the head of an extremist Maoist sect and calls him self Jesus Christ. [22.11.2013]
It is estimated that as many as 4,000 people are enslaved in Britain. A tough bill has been published to tackle the modern day menace by imposing a sentence of 14 years of imprisonment.The best way to reduce the crime is to disrupt and imprison the organised criminals gangs.[16.12.2013]
Karnatak government is enacting laws which allows it to arrest the striking employees 
without arrest warrants! This amounts to murder of democracy and slavery-the legacy-true character of British Raj.[03.12.2013]
An alcoholic from Sultan Pur in Buland Shahr, UP, India allegedly sold his wife for Rs. 2 Lakh to Sohan Pal, Mahender, Ajay, Daljeet and Rammu, who raped her after injecting sedatives at an isolated place for two days repeatedly. She was tortured and thrashed, asking her that she was their slave. The husband belonged to a well to do family, who sold his holdings for the sake of wine. He was given handsome dowry at the time of marriage, 6 years ago.[07.12.2103]
CONTRACTUAL APPOINTMENTS :: AAP's minority government headed by Arvind Kejriwal promised guest-contract teachers to regularise their appointments without giving it a thought and ignorant of the fact that a  service selection board also exist for such appointments and there are pending court cases as well. He has assured them to do the needful, but forgets that NDMC, New Delhi too has a large number of such teachers facing the dilemma, in spite of Honourable Delhi High Court's latest orders. He is member of NDMC as well and is capable of implementing the orders, issued by the court, recently.
With the advent of BJP in power some decisions were made and implemented which adversely affected the working of schools and hospitals.
The government and private agencies are exploiting the policy to spoil the education and health services. The main sufferer is the employee, who is not regularised for years. The employer is saving the salary bills in addition to depriving the employee of benefits like security of service, provident fund and pension. One after another expulsion from service leads to the crossing the age of employment in government service. The person feels grossly insecure. Some of them remain unmarried for want of regular permanent job. 
India is a country where mixed economy functions. Insecurity leads to resentment and dis satisfaction amongest the unemployed-under employed, added by the corruption at every level of bureaucracy-political set up-governance.
IMMUNE BUREAUCRACY :: The bureaucrats are provided shelter under section 19 and 6(a) so that they do no expose the designs of the illiterate-semi literate, corrupt, criminal minded politicians. If they are touched, they will expose the politicians. Permission is sought to prosecute the corrupt officials under section 197 Cr Pc, which is never granted, except in those cases where is government has an inclination to maligning the opposition.
SHARIAT COURTS :: Supreme Court has ruled that the Shariat courts are illegal. The court decided on a petition by a Delhi-based advocate who challenged parallel religious courts run by institutions like the Darul Qaza and Darul-Iftaa."No religion is allowed to curb anyone's fundamental rights," the court said, adding that the Shariat court can issue a fatwa only if approached willingly, and that too, will not be legally binding.





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