General impression of Indian judicial system now-a-days is : INDIAN JUDICIAL SYSTEM IS HOSTILE TOWARDS COMMON MAN AND GENERAL PUBLIC BUT HOSPITABLE TO RICH, POWERFUL AND DISHONEST.
Despite this, still,Indian public have a tremendous faith in Indian judiciary. Is it misplaced? If you ask some legal luminaries, they would rubbish the question. If you persist as to why was this question being asked by the intellectuals and netizens? Luminaries of law dismiss it saying, "Stupid, they are crying babies on the Internet, who in reality , never live in REAL WORLD. They belong to a VIRTUAL WORLD, where everything is UNREAL "
Ok, then, I say,"let me put it this way as to why legal system was considered blind?" Even this is dismissed as "out of context." I say with a lot of reservation that I think, probably, I was blind, for failing to see the "obvious". The fact is that our Legal System was NOT only blind, it was deaf and dumb also. It does not see; does not hear and it does not speak.
It has been designed so because what else the "copy cats" can do? It is so because our laws are of a Western Society, copied blindly for Indian 'society of diversity'. There has to be a mismatch and it shows. Now look at it this way : How can you ask people of a hot climate in AFRICA to wear clothes meant for ALASKANS?
Same thing is with the Indian laws. They were meant for a different society in different times but brought into India by COLONIAL MASTERS and blindly copied by our "copy cats" and they continue to haunt Indians. Therefore Law has to be blind! You don't agree. It is your prerogative.
Ok, let me ask a legal luminary----- we have amongst us, at Sulekha, an honorable retired judge of a high court---- retired Justice Nam Joshi. I am sure, he could illuminate us on this subject. The question to you, sir,is : DOES OUR JUDICIARY ABIDE BY THIS PRINCIPLE OF LEGAL SYSTEM LITERALLY --- -------LET A HUNDRED CRIMINALS GO SCOT FREE BUT NO INNOCENTS BE PUNISHED.
What a principle? But , what happens in reality is actually the absolute opposite of it. I put it this way. A HUNDRED INNOCENTS ARE PUNISHED BEFORE A SMALL TIME CROOK GOES TO JAIL. EVEN THEN, A BIG TIME CROOK HAS NEVER EVER BEEN PUNISHED IN INDIA. Even Afzal Guru and Ajmal Kasab, the convicted murdrers, are enjoying the hospitality of Indian legal system, while small times thieves or even innocents are framed up and thrown into jail for eternity.
You saw what happened in Mumbai, some two years back, when MNS got after North Indians from UP and BIHAR----Our reverent judiciary and judges just turned their heads and looked the other way, when ruffians of Raj Thakrey publicly beat Biharis and people of UP. They are designed to act as blindmen. I can keep on quoting these instances but I am constrained by space here. We are a great democracy. We remain enmeshed in frills of justice, while big time criminals commit broad day light rape of ' MOTHER INDIA' . Hail ,Indian Democracy! Hail Indian legal system !!
Sorry , sorry Nam joshi, sir, the more important question is : SHOULD JUDGES REMAIN BLINDED BY LEGAL PROVISIONS OR SHOULD THEY LISTEN TO THEIR CONSCIENCE? ( I hope you won't press for Contempt of court---it was just an innocent question by a layman----I am told high court judges have the powers to hold courts anywhere they go-----Wow! all the more reasons they should act as per their conscience!) You would naturally shoot at me a query : why do you ask this ? Simple, sir! The nation thinks that likes of A.Raja, Suresh Kalmadi, Mayawati and many more are NO INNOCENTS. Why are the courts releasing them under all sorts of funny orders? Don't our honorable dispenser of justice have no conscience? Don't they see what a common man sees?
Look at the way Mayawati has been let off in disproportionate assets case? This has been done by the apex court. It asks CBI as to why did it investigate the case when SC did not ask for it? Sir, what is more important the legal technicality or the basic facts which have come out? The evidence is that her assets rose 50 times from Rs. One Crore to Rs. 50 Crores in one year. And it is now a fact that her assets since 2003 have risen to be around Rs.111 Crores. This is a rise of 100 percent in nine years. What was her source of income? Why do the judges punish poor lame duck government servant of having a flat here or a car there? Don't the judges see that this was not possible through straight means but by exploiting her official position? Here is what an innocent but a concerned friend give out some details of the case : Let us see the case of Mayawati. The SC had ordered CBI to register an FIR and enquire into the Taj Corridor case, on 18 September 2003. On 5 October 2003, the CBI registered two cases, No 18 relating to the Taj Corridor and No 19 relating to Disproportionate Assets (DA) under the Prevention of Corruption Act. The Taj Corridor case against Mayawati failed because CBI did not pursue it after having collected evidence on it for FOUR YEARS, from 2003 to 2007. The central Government changed, so did the principles of Indian legal system. The Governor of UP, TV Rajeshwar, in June 2007, in his 23 page order, had stated that the 17 crore was sanctioned by the Central Govt through the PSU. Therefore, no case was considered against Mayawati.
Though the advocates challenged the Governor’s Order,the Special Judge refused to take cognisance, since the CBI kept silent, because only the Law Ministry can permit it to challenge the Governor’s order. The political environment at that time required Mayawati’s support to UPA. As for the second case, No 19 on DA, Mayawati had challenged the same in the Allahabad High Court. On 22 October 2003, the Court only directed that she should not be arrested till the investigations were over.
In addition,the SC itself, when a case was filed for the status report on the cases, on 19 July 2004, gave directions to the CBI, to complete investigations on case No 18( Taj corridor)in 8 weeks and for Case No 19,(the DA case)in three months.
According to CBI, the assets of Mayawati increased fifty fold, from one Crore in 2003 to 50 crore in 2007. In 2012, as per her own affidavit filed along with her nomination papers for Rajya Sabha, her wealth stands at 111.64 crores. A
fter 9 long years of labour, why should SC quash the FIR itself? I am an ignorant Indian. Why should a technical legality allow an established crime go unpunished but also make waste of the taxpayers money spent on investigation for Nine years? Will some legal luminary on Sulekha apply their minds to answer this simple query? Do I take it that Legal system in India is open to manipulations by the powerful people? To cite a few recent cases, General VK's age row, bail to Kalmadi and A. Raja & Co, non making of PC a co-accused despite all the evidence provided and judicial inaction to take suo-motto notices in number of cases of open fraud, seem to give this impressions !
Despite this, still,Indian public have a tremendous faith in Indian judiciary. Is it misplaced? If you ask some legal luminaries, they would rubbish the question. If you persist as to why was this question being asked by the intellectuals and netizens? Luminaries of law dismiss it saying, "Stupid, they are crying babies on the Internet, who in reality , never live in REAL WORLD. They belong to a VIRTUAL WORLD, where everything is UNREAL "
Ok, then, I say,"let me put it this way as to why legal system was considered blind?" Even this is dismissed as "out of context." I say with a lot of reservation that I think, probably, I was blind, for failing to see the "obvious". The fact is that our Legal System was NOT only blind, it was deaf and dumb also. It does not see; does not hear and it does not speak.
It has been designed so because what else the "copy cats" can do? It is so because our laws are of a Western Society, copied blindly for Indian 'society of diversity'. There has to be a mismatch and it shows. Now look at it this way : How can you ask people of a hot climate in AFRICA to wear clothes meant for ALASKANS?
Same thing is with the Indian laws. They were meant for a different society in different times but brought into India by COLONIAL MASTERS and blindly copied by our "copy cats" and they continue to haunt Indians. Therefore Law has to be blind! You don't agree. It is your prerogative.
Ok, let me ask a legal luminary----- we have amongst us, at Sulekha, an honorable retired judge of a high court---- retired Justice Nam Joshi. I am sure, he could illuminate us on this subject. The question to you, sir,is : DOES OUR JUDICIARY ABIDE BY THIS PRINCIPLE OF LEGAL SYSTEM LITERALLY --- -------LET A HUNDRED CRIMINALS GO SCOT FREE BUT NO INNOCENTS BE PUNISHED.
What a principle? But , what happens in reality is actually the absolute opposite of it. I put it this way. A HUNDRED INNOCENTS ARE PUNISHED BEFORE A SMALL TIME CROOK GOES TO JAIL. EVEN THEN, A BIG TIME CROOK HAS NEVER EVER BEEN PUNISHED IN INDIA. Even Afzal Guru and Ajmal Kasab, the convicted murdrers, are enjoying the hospitality of Indian legal system, while small times thieves or even innocents are framed up and thrown into jail for eternity.
You saw what happened in Mumbai, some two years back, when MNS got after North Indians from UP and BIHAR----Our reverent judiciary and judges just turned their heads and looked the other way, when ruffians of Raj Thakrey publicly beat Biharis and people of UP. They are designed to act as blindmen. I can keep on quoting these instances but I am constrained by space here. We are a great democracy. We remain enmeshed in frills of justice, while big time criminals commit broad day light rape of ' MOTHER INDIA' . Hail ,Indian Democracy! Hail Indian legal system !!
Sorry , sorry Nam joshi, sir, the more important question is : SHOULD JUDGES REMAIN BLINDED BY LEGAL PROVISIONS OR SHOULD THEY LISTEN TO THEIR CONSCIENCE? ( I hope you won't press for Contempt of court---it was just an innocent question by a layman----I am told high court judges have the powers to hold courts anywhere they go-----Wow! all the more reasons they should act as per their conscience!) You would naturally shoot at me a query : why do you ask this ? Simple, sir! The nation thinks that likes of A.Raja, Suresh Kalmadi, Mayawati and many more are NO INNOCENTS. Why are the courts releasing them under all sorts of funny orders? Don't our honorable dispenser of justice have no conscience? Don't they see what a common man sees?
Look at the way Mayawati has been let off in disproportionate assets case? This has been done by the apex court. It asks CBI as to why did it investigate the case when SC did not ask for it? Sir, what is more important the legal technicality or the basic facts which have come out? The evidence is that her assets rose 50 times from Rs. One Crore to Rs. 50 Crores in one year. And it is now a fact that her assets since 2003 have risen to be around Rs.111 Crores. This is a rise of 100 percent in nine years. What was her source of income? Why do the judges punish poor lame duck government servant of having a flat here or a car there? Don't the judges see that this was not possible through straight means but by exploiting her official position? Here is what an innocent but a concerned friend give out some details of the case : Let us see the case of Mayawati. The SC had ordered CBI to register an FIR and enquire into the Taj Corridor case, on 18 September 2003. On 5 October 2003, the CBI registered two cases, No 18 relating to the Taj Corridor and No 19 relating to Disproportionate Assets (DA) under the Prevention of Corruption Act. The Taj Corridor case against Mayawati failed because CBI did not pursue it after having collected evidence on it for FOUR YEARS, from 2003 to 2007. The central Government changed, so did the principles of Indian legal system. The Governor of UP, TV Rajeshwar, in June 2007, in his 23 page order, had stated that the 17 crore was sanctioned by the Central Govt through the PSU. Therefore, no case was considered against Mayawati.
Though the advocates challenged the Governor’s Order,the Special Judge refused to take cognisance, since the CBI kept silent, because only the Law Ministry can permit it to challenge the Governor’s order. The political environment at that time required Mayawati’s support to UPA. As for the second case, No 19 on DA, Mayawati had challenged the same in the Allahabad High Court. On 22 October 2003, the Court only directed that she should not be arrested till the investigations were over.
In addition,the SC itself, when a case was filed for the status report on the cases, on 19 July 2004, gave directions to the CBI, to complete investigations on case No 18( Taj corridor)in 8 weeks and for Case No 19,(the DA case)in three months.
According to CBI, the assets of Mayawati increased fifty fold, from one Crore in 2003 to 50 crore in 2007. In 2012, as per her own affidavit filed along with her nomination papers for Rajya Sabha, her wealth stands at 111.64 crores. A
fter 9 long years of labour, why should SC quash the FIR itself? I am an ignorant Indian. Why should a technical legality allow an established crime go unpunished but also make waste of the taxpayers money spent on investigation for Nine years? Will some legal luminary on Sulekha apply their minds to answer this simple query? Do I take it that Legal system in India is open to manipulations by the powerful people? To cite a few recent cases, General VK's age row, bail to Kalmadi and A. Raja & Co, non making of PC a co-accused despite all the evidence provided and judicial inaction to take suo-motto notices in number of cases of open fraud, seem to give this impressions !
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