Thursday, May 14, 2015

Re: [IAC#RG] WHEN PEOPLE LOSE FAITH IN JUDICIARY , CONSEQUENCES CAN BE ALARMING

Shri Venkataraman may kindly note that to err is human.Judges also may err-of course not with the intention to err.The error may be on a question of law or on a guestion of fact.To take care of such situations,law enables affected party to file Appeal,Review,Revision etc.Do you wantthe Appellate Court to confirm the trial court judgement in all cases and thereby make the people to have faith in judiciary.TrialCourt and Appellate Courts shall patiently hear the matter and give judgements with out fear or favour.They need not worry about the comments that may be made by persons like Shri.Venkataraman.

If the decision of Mr.Justice Kumaraswamy of the Hon'ble Karnataka High Court is based on erroneous calculation (mathematical error ) in calculating the total assets and total income and if the mismatch is really more than 10% as is being propogated by some opposition leaders  in Tamilnadu, a mere Application  for Review will be sufficient for the Judge to  correct the error.

The allegation was that since Ms.Jayalalitha  is a politician,the case was prolonged for more than a decade.On her coviction,when the Bail matter came up before the Supreme Court ,coditional Bail was granted,a consequence of which is expeditious disposal  of the Appeal which resulted in quick disposal of the Appeal.The economic status of the party concerned has nothing to do with the case.

A resourceful /wealthy party may be able to engage a team of legal experts and may be able to come out successful by taking advantage of the loopholes in law.A 'daridra narayana' may have to depend on a lawyer provided by Court or  Legal Services Authority who may  or may not be good/capable of handling the matter.It is only in this matter ,economically deprived persons are in a dis advantageous position.Bail is the Rule and Jail is an exception. Poor people are not capable of engaging a lawyer and in cases that are not very serious,amicus curie is not appointed by court for accused and hence they remain in jail for days, months and  at times years.

I shall cite a case (Mrs.Indirra Gandhi) where a High Court 's verdict was set aside by the Supreme Court,not because the High Court was wrong but because the Parliament amended the law with retrospective effect.Incurring expenses by a candidate above the cut off limit was an electoral malpractice even if the amount is spent by a  political party. Mrs.Gandhi was unseated as Congress spent in excess of the cut off amount.During emergency, law was amended with retrospective effect stipulating that money spent by political parties shall not be counted to calculate the cut off amount .Both the decisions were correct.
Perhaps Shri Venkataraman might not have uttered a word had Ms.Jayalalitha got the Prevention of Corruption  Act amended with retrospective effect exempting MPs,MLAs,MLCs and Central and State Ministers from the per view of the Prevention of Corruption  Act.I appreciate Ms Jayalalitha for fighting the case by filing Appeal engaging ,of course the best legal brain instead of managing to  amend the Prevention of Corruption  Act with the help of Mr Modi and also the DMK 
P.Mohana Chandran

On Wed, May 13, 2015 at 9:08 AM, Raghavan R N <raghavan6@hotmail.com> wrote:
Dear Sir,

If some one is  Punished by a Court, it does not mean Judiciary  is right . There are many cases  pending Judgement  in a number of Courts in india, the two recently came up for public attention is that of Ms Jayalalitha and Mr Salman Khan

Every one knows that  Ms Jayalalitha's case is one related to Politics and it is natural, every one wanted her to be punished[ her opponents].  She has been an actress for a long time and her back ground is too good to be considered that she amassed wealth only by political means.  Judgement by a Lower Court need not necessarily decide the final outcome. Law provides more options  till Supreme Court. If it is a fit case for fighting, Govt should initiate action to file a suit in Supreme Court. None prevented and no one should close this option. Counting dresses , chappals and other house hold articles for  estimating the assets of Ms Jayalalitha looks odd.

In the case of Ms Salman Khan, it can be appreciated that this case is not of national importance. Daily such run over cases happen in India and abroad and even yesterday three women were killed under the wheels of a police vehicle. It is an accident can be due to negligence.
Here too, the accused has options to appeal in higher court to get justice. Bail was granted as he is an actor and is working in number of FILMS. All get affected. Granting bail , fast or slow cannot be questioned. Definitely, prominent people get things done fast and for others, it takes time. It is Indian culture and way of doing things in India.  


raghavan rn




From: boompellivenkatrao@gmail.com
Date: Tue, 12 May 2015 12:47:50 -0400
To: indiaresists@lists.riseup.net
Subject: Re: [IAC#RG] WHEN PEOPLE LOSE FAITH IN JUDICIARY , CONSEQUENCES CAN BE ALARMING


One more case of SATYAM   Ramblings Raju. The fraud is a open book to every one. He got bail with in a month. 

B. VENKAT RAO

Sent from my iPhone

On 12-May-2015, at 3:41 am, Jagjit Ahuja <jagjit.ahuja@gmail.com> wrote:

Judiciary in India has made a mockery of themselves . They know that there is  no one in the governing system who can punish them for all the wrongs.
 Now with the judgement made in favour of Jayalalitha clearly shows that how our judiciary has been working . The presenting officers and the defence  advocates have been playing games with each other .At least punish out off  those who have been proved to be wrong .

Same thing happened with the case of Salman Khan.

On Mon, May 11, 2015 at 8:41 PM, Venkatraman Ns <nsvenkatchennai@gmail.com> wrote:
To

India Against Corruption


                                                               WHEN PEOPLE LOSE FAITH IN JUDICIARY , CONSEQUENCES CAN BE ALARMING

After several years of trial in a killing case, an actor was held guilty by the court and jail term awarded. But, he got bail in a few hours  from another judge. After several years of trial in a corruption case, a Chief Minister was found guilty and awarded jail term and hefty fine. But, after a few months, a higher court judge called her innocent and acquitted everyone involved totally. Now, one wonders which judge is right and which judge is wrong.

While rich politicians and cinema actors seem to have the last laugh, there are thousands of dharidhranarayanas in India who stay in jail for lesser crime for several years without being heard. Are they not as much Indians as the cinema actor driving his car on a pavement dweller and rich politician indulging in corrupt practices ? Are we settling down for this sort of democracy in India ?

An average common man in India, millions of whom do not have any political affiliation have already lost faith in the politicians in power and bureaucracy. He has been thinking that the judiciary is ultimate conscience keeper of the country. But, when judiciary give judgements with so much of contradiction between one judge and the other and  providing  bail and relief to the convicted actor and politicians with  great speed and with  many judges in India already having been accused of corrupt practices in the past, people  tend to develop doubts about judiciary too.

Now, what can a common man do , if he loses faith in politicians in power, bureaucrats and judges? It is alarming to think about such situation and the possibilities.


N.S.Venkataraman


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