Tag: Justice

8
Jun

Learn more about the investigation process, fight for justice

Domestic violence, or family violence, is violent, abusive or intimidating behaviour in a relationship. There are many types of domestic violence, including social, physical, sexual and emotional. If you’re being subjected to domestic violence, there are a number of organisations that can offer you help and support.

aged couple of pensioners talking with employee at office

This can help if:

  • you’re in an abusive relationship
  • you don’t know what to do about your abusive relationship
  • you don’t know where to go to get help
  • you don’t know what your rights are.

What is domestic violence?

For violence to be ‘domestic’, it doesn’t have to occur within your home, only within a relationship (with family or an intimate partner). It occurs when someone close to you has power and control over you. This control or abuse can be expressed in different ways.

Physical abuse

If someone is hurting you physically, or is threatening to hurt you, a loved one or a pet, then you will need to take action. Read more about physical abuse and learn where to get support.

Emotional abuse

Emotional abuse often goes unrecognised and can be very hurtful. Someone who is emotionally abusive towards you wants to chip away at your feelings of self-worth and independence. Read more about what constitutes emotional abuse.

Social abuse

Social domestic violence occurs when someone insults or humiliates you in front of other people, keeps you isolated from family and friends, or controls what you do and where you go.

Spiritual abuse

Spiritual domestic violence involves preventing you from having your own opinions about religion, cultural beliefs and values. It may also involve manipulating your thoughts on spirituality in order to make you feel powerless.

Where to go

Recognising that there’s a problem is the first step in getting help. The second is to know that you’re not alone. If you need to get out fast, you have a number of options.

A shelter or refuge is a place where you can seek temporary accommodation while you sort out your next steps. There are also usually other services available in refuges, including legal advice, emotional support, practical help (such as food and clothing), and good security.

You can, get in contact with a trusted family member or friend and ask if you can stay with them while you work out what to do next.

How can you keep yourself safe?

An abuser may exert control by downplaying the seriousness of what they’re doing to you. As a result, it’s easy to underestimate the amount of danger you’re in. It’s vital to protect yourself from harm if you feel that you’re being abused.

How likely is it that someone will hurt you? Sometimes it’s hard to work out the danger or risks yourself. If you’re unsure about your safety, it’s important to talk to someone. If you feel uncomfortable, you may have to move to somewhere safe.

If you feel unsafe, talk to the police. They’re there to protect you. You can also call state and territory support lines to talk about the risks you face.
Check out your legal rights at the Lawstuff website. Every state has laws designed to protect against all forms of domestic violence.

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9
Nov

RESERVATION POLICY IN HARYANA:

Nitika, Legal News Reporter

PERCENTAGE OF SEATS

  • All India category seats (AIC) 50% of the sanctioned intake
  • AIC general 50.5% AIC i.e. 25.25 % of total intake
  • AIC SC 15% of AIC i.e. 7.5 % of total intake
  • AIC ST 7.5% of AIC i.e. 3.75 % of total intake
  • AIC OBC 27% of AIC i.e. 13.5% of Total intake
  • State Quota 50% of the sanctioned intake
  • (B-1) Haryana open General (Haryana General)
  • 50% of State Quota i.e. 25% of total intake
  • (B-2) Reserved categories of Haryana
  • 50% of State Quota i.e. 25% of total intake
  • Schedule castes (SC)
  • 20% of State Quota i.e. 10% of total intake
  • Backward classes of Haryana (A) (BCA)
  • 16% of State Quota i.e. 8% of total intake
  • Backward classes of Haryana (B) (BCB)
  • 11% of State Quota i.e. 5.5% of total intake
  • Physically challenged (PC) 3% of State Quota i.e. 1.5% of total intake ESM and their wards (ESM)
  • Dependents Freedom Fighters (DFF)
  • 3% Horizontal (1%each out of Haryana of Freedom Fighter)
  • Open General Category, SC & BC
  • 2 25% horizontal reservation in all above categories shall be for girls students.
  • 3 The reservation policy is to be implemented as per existing State Government policy.
  • 4 Vacant seats if any against reserved categories will be offered to general category aspirants on the basis of merit.

 

The Haryana government has detailed its formula for reservation for Jaats in a Bill which was passed in the Vidhan Sabha:

 

  • The ‘Haryana Backward Classes (Reservation in Government Jobs and admissions in Government Jobs and Admissions in Educational Institutions) Bill, 2016’, provides for reservation in government jobs under Government/Government Undertakings and Local Bodies as well as admission in Government/Government Aided Educational/Technical/Professional Institutions to persons belonging to Backward Classes in the state.

 

  • The objective of the Bill, in keeping with the demands made by the Jaat leaders, is to give statutory status to Backward Class ‘C’ (earlier referred to as Special Backward Classes) as specified in Schedule III of the Bill. The Bill further requests the Central government to include the Act in the 9th Schedule read with Article 31B of the Constitution of India. Inclusion in the 9th Schedule is intended to protect the Bill from judicial review on grounds of it not violating any fundamental rights as defined in the Constitution.

 

 

  • Despite the fact that a consensus on the standard procedure and timeline necessary to enact the Reservation Bill was reached between the Jaat leaders and ML Khattar, chief minister, Haryana in meetings held on 17 January, a series of malicious whisper campaigns designed to create unrest, set off a violent quota stir within hours, on 18 January.

 

  • The quota agitation held the state to ransom for almost a month, leading to 30 lives lost, 320 injured, including 72 policemen, damages to public and private property valued at Rs 1,100 crore, including Rs 200 crore worth of damage to railway assets and an overall loss upwards of Rs 34,000 crore across the northern states on account of disruption of economic activity.

 

 

Reservation formula:

 

  • According to the Bill, 16 percent for Class III and IV posts, 11 percent in Class I and II posts in direct recruitment in Government/Government Undertakings and Local Bodies and 16 percent reservation for admissions in Government/Government Aided Educational, Technical and Professional Institutions will be provided for those in Backward Class (BC) ‘A’. This represents a one percent increase in Class I and II.

 

  • BC ‘A’ is an exhaustive list of 71 castes.

 

 

  • Eleven percent in Class III and IV posts, six percent in Class I and II posts in direct recruitment in Government/Government Undertakings and Local Bodies, and 11 percent reservation for admissions in Government/Government Aided Educational, Technical and Professional Institutions has been provided for under BC ‘B’. This also represents a one percent increase in Class I and II.

 

  • BC ‘B’ includes six main caste groups, including Ahir/Yadav, Gujjar, Lodh/Lodha/Lodhi, Saini/Shakya/Koeri/Kushwaha/Maurya, Meo and Gosai/Gosain/Goswami.

 

 

  • For Class III and IV posts 10 percent, for Class I and II posts six percent in direct recruitment in Government/Government Undertakings and Local Bodies and 10 percent reservation for admissions in Government/Government Aided Educational, Technical and Professional Institutions has been provided under BC ‘C’.

 

  • The BC ‘C’ list includes Jaat, Jaat Sikh, Ror, Bishnoi, Tyagi and Mulla Jaat/Muslim Jaat.

 

  • The Bill clarifies that there will be no reservation for persons belonging to the creamy layer of backward classes as specified in Schedule I, II or III and the criteria for identification of people in the creamy layer of backward classes for the purpose of availing benefits of reservation under this Bill will be specified by the government and reviewed every three years.

 

  • If seats reserved for backward classes in educational institutions are not filled up in any academic year due to non-availability of candidates possessing the requisite qualifications, these will be made available to other general candidates with no carry forward of vacant backward class seats to the next academic year.

 

 

 

 

 

 

Failed state:

 

  • The government has been absent in since the Jaat protest began.

 

  • Jaat quota stir: Congress demands govt’s dismissal, fresh poll in Haryana.

 

  • “They (BJP) are responsible for making the most forward and developed state the most backward,” Ghulam Nabi Azad said.

 

  • Jaat reservation row: Curfew lifted in Hisar, Jind cities.

 

  • The Haryana government’s assurance of granting reservation to Jaats by bringing a Jaat Reservation Bill in the ensuing Vidhan Sabha session is likely to witness firm opposition from within the party.

 

  • Rajasthan: Jaat protesters vandalise railway station, burn train engine.

 

  • Police fired in the air and lobbed tear gas shells to disperse mobs at two places.

 

  • Jaat agitation: Gurgaon returns to normal after leaders agree to call off stir.

 

  • The Jaat leaders, who unanimously decided to call off all the protests in the city, will be holding an all-community meeting Tuesday to discuss the future course of action, said a member of the Jaat Aarakshan Sangharsh Samiti.

 

  • In fact: Jaats think they’re backward; there’s a reason

 

  • Agriculture doesn’t pay that much, land is no longer the source of power it once was, and the community has failed to keep up.

 

31
Oct

ON REFORMS IN INDIAN JUDICIAL SYSTEM

-By Hon’ble Mr. Justice Khem Karan,

Former Judge of Allahabad High Court

“There is no better test of excellence of a government than the efficiency of its judicial system, for nothing more nearly touches the welfare and security of the average citizen than his sense that he can rely on the certain and prompt administration of justice. Law is respected and supported when it is treated as the shield of innocence and the impartial guardian of every civil rights….. If the law be dishonesty administered, the salt has lost its flavour, if it be weakly or fitfully enforced, the guarantees of order fail… If the lamp of justice goes out in darkness, how great is the darkness…”

  • Lord James Bryce pp. 421-22 of his “Modern Democracy”
  1. All of us may be in agreement on the point that none of the countries of the world can claim with confidence that its judicial system is perfect and needs no reform. So is the case with our judicial system. The question of reforms in Indian Judicial system, has had been engaging all enlightened citizens from the very inception of the establishment of our republic on Jan 26, 1950. By now, several judicial pronouncements of the apex court ( see, Hussainara Khatoon and Others v. State of Bihar AIR 1979 p. 1360, Khatri and others v. State of Bihar, 1981 SCC (1) p. 627, Olga Tellis and others v. Bombay Municipal corporation AIR 1986 SC p. 180 and People’s Union of Democratic Right and other v, Union of India and other, AIR 1982 SC p. 1473 and so on) have come, besides several legislative and other exercises undertaken by the respective legislature and the governments, introducing certain innovative measures such as Alternative Dispute Resolution (ADR) in the shape of section 89 of the Code of Civil Procedure, 1908 (far short the Code of 1908), Lok Aadalat under legal services authority Act, 1987. Not only this, Gram Nayalayas under the GramNyayalayas  Act, 2008 have also come in the rural areas, to enable the people to have easy and cheaper access to justice delivery system, at least in petty matters. But the cry for further judicial reforms is going on, unabated, rather becoming louder and louder. We will have to introspect quite in depth, as to why all such measures taken so far, have failed to bring the desired reform in our system and why people in general and persons belonging to the weaker sections in particular, have started losing faith in the efficacy of our justice delivery system.
  2. It would be pertinent to have a glimpse of recently released Indian Exclusion Report 2016, by Centre for Equity Studies. According to this report (gist of which could be seen on page – 7 of The Hindu, in its issue dated May 2, 2017), historically disadvantaged groups like Dalits, Aadavasis, and Muslims, are most excluded, from access to public good, such as pension for the elderly, digital access, agricultural land and legal justice for undertrials. It went on to add that these groups continued to be severely and consistently excluded from provisioning and steps taken for land reforms, have not benefited them. According to it, land distribution reflects socio-economic hierarchy – large land holders invariably belong to upper castes, cultivators to the middle castes and agricultural workers, are largely Dalits and Aadivasis. Furthermore, in an article titled, “Freeing the Undertrial” penned by Prof. Sudhir Krishna Swamy and Shishir Bail, published on Page – 8 of The Hindu, in issue dated Nov. 22, 2014, it is stated that in the year 2012, close to 74% of the population of Indian Jails, was either illiterate or hailed from scheduled Castes, Scheduled Tribes and minorities.
  3. The above is sufficient enough to say that issue of judicial reforms, should be looked into, keeping in view overall socio-economic conditions and mind set of the people concerned. The problems of hunger, poverty, illiteracy, lack of shelter, lack of basic amenities, existing inequality etc. have to be addressed, simultaneously with the judicial reforms, else the same will hardly yield the intended results. All aspects of human life are closely interlinked and ought to be kept in mind accordingly. To divorce, access to justice from poverty, or from illiteracy, will not be the correct approach.
  4. Suggestions of the various participants and other Hon’ble Judges, research scholars, learned advocates, professors in the field and other intellectuals, are valuable and worth consideration. In brief, these include (i) recourse to have full use of ADR methods, (ii) liberal use of digital techniques, (iii) to increase the number of regular courts by accelerating the process of their appointments and by providing required infrastructure, (iv) to curve unnecessary adjournments, (v) to root out corruption and (vi) to minimise inordinate delay being caused in disposal of cases. I do agree with the proposition that such steps as suggested above will bring considerable reform, in our justice delivery system.
  5. In addition to the above, I am venturing to put following few suggestions, for consideration of all concerned and the same are:

A –Trial of suits in Civil Courts

In absence of express provision in the Code of 1908, hardly any trial judge applies, its judicial mind, to the averments made in the plaint, till the defendant appears and files his written statement or files his objection, against application for temporary injunction etc. Consequently, the matter remains on board, for a year or so, without application of a judicial mind. According to the settled legal position (see, Salim Bhai and others v. State of Maharashtra and others, AIR 2003 SC p. 759) the Court is not precluded from rejecting the plaint even before appearance of defendants, on any of the grounds, enumerated in Rule 11 of Order VII of the above Code, 1908.

With a view to save the valuable time of the regular courts and with a view to screen out non-entertainable or non-maintainable cases at the earlier stage of the litigation, It seems beneficial to make a law, providing for establishment of a Forum at district level, to be manned by retired civil judicial officers and other law knowing suitable persons, to examine each and every plaint as soon as the same is presented, in the light of the provisions contained in rule – 11 of Order VII of the above Code, and transmit it to the regular Court, annexing thereto, its report of preliminary examination. If found proper, this Forum may also be invested with the powers, to issue a commission under Order XXVI, of the Code, 1908, in cases relating to immovable property or easementary rights, for visiting the disputed property, preparing a site plan on scale, for getting the site photographed etc. , and submitting the report. Such a report of the commissioner may help the trial Court, in appreciating the evidence that may be adduced by the parties, during the course of trial or may otherwise help it, in passing suitable orders on merits, on applications for temporary injunctions. Such Forum may also be assigned certain other additional or ancillary duties such as securing the attendance of the defendants under Order V of the above Code.

B – Civil Appeals

To reduce the burden of High Courts, the provision of second appeal under section 100 of the above Code, may be limited to specified cases only, by making suitable amendments in part VII and the corresponding Orders of the first Schedule of the Code. It may be provided in the Code that first appeals from original decrees, that lie to district judge or to any civil judge (senior division), will be heard and decided by division benches.  There is provision in section 98 of the Code, for hearing of appeal by division benches. It may be provided that in cases where the division bench, affirms the original decrees unanimously, there will be no second appeal to the High Court. The jurisdiction of the Hon’ble High Court under Article 226/227 is there to take care of rarest of rare cases, where failure of justice has taken place.

 

C – Civil Revisions u/s 115

 

Earlier to the commencement of Act No 46 of 1999 with effect from 1/07/2002, proviso to sub-section (1) of section 115, stood as under:

“Provided that the Court shall not, under this section, vary or reverse any order made or any order deciding an issue, in the course of a suit or other proceeding, except where –

  • the order, if it has been made in favour of a party, applying for revision, would have finally disposed of the suit or other proceeding or
  • the order, if allowed to stand would occasion a failure of justice or cause irreparable injury to the party against whom it was made.”

Apparently clause (b) to the proviso to sub-section (1) of section 115, was the flood gate for multiple revisions, on the ground of failure of justice or irreparable injury. Our Parliament, in its wisdom, omitted the same, by Act no. 46 of 1999. But the state of Uttar Pradesh has retained the same, giving rise to avoidable civil revisions. This may be examined and steps taken accordingly.

D – Criminal Cases

  • Lodging of Fist Information Reports, with the police station concerned, is still a difficult task for even well-educated and well versed person, in spite of clear mandate of section 154 of the Code of Criminal Procedure, 1973 and the recent judicial pronouncement of the Apex Court [Lalit Kumari v. Government of UP and others, 2014 (84) SCC p. 719], where several valuable directions have been given. My suggestion is that the government and all police officers concerned, be impressed upon, to follow the same in letter and spirit.
  • It would be better if the investigating wing of the police is separated or it is not assigned the duties, relating to law and order etc. so that those investigating the cases, can devote full time and energy to the job of investigation and place the result before the court in shortest possible time.
  • Many a views and reports on the topic of taking care of the victims, their dependents and payment of compensation etc. to them, have come in one form or the other. Undoubtedly the problems of the victims and their dependents deserve to be addressed properly. Our parliament has recently inserted Chapter IV- A in Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, vide the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. This Chapter captioned “Rights of victims and witnesses” contains almost all necessary provisions, in the context of ‘Restorative Justice’ and those provisions can be characterized as “victim – centric”, in the sense to restore the confidence of victims. Among others, sub-section (6) of Section 15A of this chapter, casts a duty on the court, to provide to a victim, his/her dependents, informant, and witnesses (a) a complete protection to secure ends of justice, (b) the travelling and maintenance expenses, during investigation, inquiry and trial, (c) the social-economic rehabilitation during investigation, inquiry and trial, (d) relocation and sub-sections (3),(4) and (5) provide a scheme, where the victim will have right to have his or her say in all court proceedings, such as bail etc. My suggestion is that similar provisions should be made in relation to the victims, their dependents and witnesses of serious crimes, not coming under this Act of 1989. However, mere making of provision such as in chapter IV-A above, will not restore the confidence of the victims and others, unless the same are implemented in letter and spirit and for that vigorous efforts, including change of mind set are required on the part of the government, Courts and all others.

 

31
Oct

Judicial Reform in India

By Justice Sudhir Kumar Saxena

Chairman, U.P. Public Services Tribunal, Lucknow

A strong and independent judiciary makes a nation stable, progressive and well-developed. Judicial independence requires a well-trained and educated judiciary which commands respect in society and ensures public trust in the institutional strength. A strong institution of justice requires not only morally strong and legally sound judges but also requires that such judges to be well trained, well equipped and well informed in their sphere of work. An independent and impartial judiciary and a speedy and efficient system of governance are the very essence of civilization.

It is unanimously accepted that a Judge must act and perform the pious duty without fear or favour to the best of his ability and legal acumen. A judge indeed, owes a legal and moral duty to observe judicial independence in his judicial work. A good judge must, therefore, be fearless as fearlessness is the most important sign of judicial independence and impartiality.

It is well settled that judicial system must address delicate issues concerning liberty, property, and access to public services which obviously requires that judges must be well prepared. In many countries judges are personally responsible for developing their knowledge and skills. A judge plays more important role than an executive officer, a financial advisor, a manager or an academician. Society breaks down when faith in the judiciary is completely destroyed. I am delighted to say that Indian judiciary is one of the finest institutions in the world despite its problems and required reform.

Unfortunately, judicial apparatus in our country is rickety and does not render timely and effective justice. Several researchers who examined the system came with conflicting and long list of maladies from which the system suffers. In the past, while government has pumped funds to strengthen the infrastructure on the basis of demands made by States, there were no clear cut goals set. States were to utilize those funds for augmenting infrastructure. Schemes like providing 50% central funding for court building, grants for establishing Family Courts & fast Track Courts and Gram Nayayalaya worked to some extent.

However, in spite of many efforts, delayed justice is the biggest challenge before our legal system. Eliminating delays and tiring visits to courts, which discourage a person to seek redresssal of his grievance by approaching a court by identifying areas where litigant faces maximum difficulties, like services of processes. Any judicial reform process must begin in this backdrop.

To achieve these goals steps need to be taken to change the intimidatory face of court, and cut down delays by ensuring more efficient management of resources. This can be done only by taking professional help, rather than judges dabbling in management experiments at the cost of their valuable time in deciding cases. Judges chanting mantra of “case management and court management”, or talking of bringing corporate looks and culture, over the last decade has not given the required results. Recruitment of clerical and menial staff is more chaotic. First, Judges are reluctant to undertake recruitment for the fear of inviting allegation of favouritism, nepotism and even outright corruption. When compelled to undertake the process, generally, it is completed with no heart in it at the cost of the court time.

Judiciary believes in absolute equality. The corollary is that every person is presumed and expected to be capable of doing every type of work and therefore replaceable. Therefore, no attention is ever paid to individual training needs. If some training is at all arranged, it is on principal of one size fits all. There is seldom any course in public relations, soft skills, for court staff who have to routinely deal with their pay-masters, the common man, from whose taxes the employees are paid.

Injecting some transparency by digitizing records or injecting some speed by some elementary IT initiatives in not going to be enough. Some processes in court which put avoidable strain on judge time are service of processes to parties, witnesses, prisoners and advocates, getting reports from laboratories and experts and sometimes, getting the records of cases themselves. If managers are put on this job, judge time could be used fully deployed for adjudicatory work that is judging. This would have to go along with time and case-flow management. Now court have built up fairly good database which need to be strengthened for data framing which would help in more efficient time and process management.

Suggestions for Judicial Reforms

  1. The power relating to writ jurisdiction currently available to Supreme Court under Article 32 of the Constitution and High Courts under Article 226 of the Constitution need to be made available to district Judges as well. It could ensure greater respect to personal liberty and other fundamental rights and will prevent violation of precious rights and timely redressal of public grievances as the judiciary at district level is the first door to dispensation of justice. the whole system exists and operates for common men, who in often found at the receiving end. The rights of the people in the 21st century of high scientific and technological advancement need speedier redressal of public grievances to meet out currently public demands. So the time has come that the protection of fundamental and constitutional rights of the people should, therefore, be made available at the district level itself through the District Judges.
  2. It is noticed that most of the time people are kept in jail in cases which are not so serious in nature for one reason or the other or for some times due to non-availability of adequate number of sureties. This needs to re-considered in view of the peculiar socio-economic and cultural conditions of our society, particularly the rural areas where it becomes difficult to get two sureties or sureties having higher value.
  3. A trend of media trial is developing in our country from quite sometimes now where certain cases are presented in a manner in which Courts become extra cautious which they were not required to be in view of the requirement of law and justice. It is an urgent need that there should be no media trial and the case should be left to the court for trial and media should focus only that much which is necessary to give a message to the society.
  4. Bar & bench are like two beautiful eyes of the justice dispensation mechanism and equilibrium is required to be maintained for effective functioning of this important mechanism. But unfortunately, some members of the bar are often found building pressures on judges and attempting to do it for their own vested interests which need to be checked and controlled not only by judicial system but by the learned members of the bar. Judicial reform process must focus on this critical area for smooth functioning. It is unequivocally true that any attempt to hijack the system is bound to be an attempt in futility adversely affecting the Bar & bench relations and creating a ‘trust deficit’ between the bar 7 bench which is not good for judicial system.
  5. The focus of judicial reforms should be on ensuring ‘law and justice’ and ‘not on law alone’ lest we will lose this precious value called ‘justice’ which is the heart of the judicial system. Tears anguish, and cry of the emphasis of reforms should shift to ensuring justice to the people and maintaining their faith in the administration of justice intact.

Thank You

30
Oct

The Aarushi Talwar Murder Case: Honor Killing or Honour Killing

Tanay Akash, Legal news Reporter

“Honour killing” a term developed in 1978 by a Dutch Turkey expert differentiating a special type of killing from other forms of killings generally known by customary killing or Killing people mostly women or girl on the name of saving family’s honour has become a global issue mostly for the developing and under developed countries.

The United Nations population fund (UNFPA) estimates that the annual worldwide number of honour killing victims as high as 5000 women. In some countries like Egypt, male or the husbands have been given legal right to beat and the worst part that they could even kill their wives. In one way or other such rules leads to one of the biggest social problem known as honour killing.

As far as India is concerned several cases of honour killing has been reported in the recent times becoming the news sensation. The most sensational case in this regard is the case of Aarushi Talvar murder case where the prime suspect were the “Mother and Father” who were alleged of killing of their daughter Aarushi along with the servant Hem raj being found in an illicit relationship.

The Complete Case Study

Aarushi Talwar daughter of Dr. Rajesh and Nupur Talwar, a 13 year old Noida girl along with her servant Hem raj Banjade, a 45 years old domestic worker employed by her family got killed on the night of 15-16 May 2008 at the home of Aarushi. This unsolved murder case got a heavy media coverage as the major suspects were Dr. Rajesh and Nupur Talwar who were alleged for the death of both Aarushi and Hem raj. The murder mystery began when Aarushi’s body was found on 16th May, it was said that Hem raj was the prime suspect but on the next day the partially decomposed body of Hem raj was found on the terrace and the mystery got more complicated. According to the post-mortem reports, both Aarushi and Hem raj died between 12 am and 1 am and both were first attacked by a blunt weapon, which caused a ‘U/V- shaped’ scar and resulted in their death. Then their throats were slit with a sharp weapon. Later it was also alleged by the CBI team that 90% of the evidence were destroyed by the negligence of police.

The suspect lists remained fluctuating from previous servants to Krishna (an assistant at talwar’s dental clinic), Raj Kumar (Krishna’s friend) and Vijay Mandal (another friend of Krishna and driver of talwar’s neighbour). All the three were of Nepali origin and said to be recruited from the same person but polygraph test, psychological assessment, brain mapping and even Narco tests remained unconcluded and the case remained unsolved. Plea of alibies were also granted to these suspects. Rajesh Talwar was also released later for the lack of evidence.

The Court Verdict

On 25th of November the special CBI court held the parents Rajesh and Nupur Talwar guilty for this double murder case and convicted the couple for murder and on 26 November 2013 sentenced them for life imprisonment for the twin murder. In January 2014, the Talwars challenged the decision in the Allahabad High Court. At last on 12th Oct. 2017, the High court of Allahabad acquitted the couple stating that the evidence presented by CBI was not satisfactory beyond reasonable doubt to be proved against the Talwars and therefore they must be given the benefit of doubt instead of conviction solely on the basis of suspicion. The theories given by CBI against Talwars were said to be as “impossible hypothesis” and “patently absurd”.

Question upon Justice

Parents got acquitted, servants got acquitted and probably the culprit may have got acquitted or out of the reach but the cry for justice remained same from the side of Aarushi, from the side of Hem raj and from the side of Khumkala (wife of hem raj). The question remains revolving that it is certain that double murder is committed and it was not a natural death, then there must be some convict. Whether the culprit is so clever or negligence has been committed from the side of Police or CBI, justice for victims got ruined. The whole scenario under the paddle of publicity, media trail and negligence saved the real culprits and in the name of justice there came a mystery. The case sought public attention via media and even over social media. Movies such as ‘Rahasya’ and ‘Talvar’ were made which were inspired by this case. Several writers gave the literary colours to this incident and paved the story accordingly.

Over all this double murder case more than Honor killing it looks like killing for honour but ultimately the question upon justice remains constant.

11
Oct

JUSTICE JAYANT PATEL’S RESIGNATION: “VICTIMIZATION BY THE EXECUTIVE AIDED BY SPINELESS COLLEGIUM”

Adarsh Pharasi,Amity University, Uttar Pradesh

Karnataka High Court judge, Justice Jayant Patel’s resignation on Monday has come as a shock to the legal fraternity in the light of the chain of events which led to this “victimization by the executive aided by the spineless collegium” in the words of Senior Advocate Dushyant Dave who condemned the executive for unfortunate turn of events called upon by executive as Justice Patel ruled against the state in the fake encounter case of Ishrat Jahan, which further led to his resignation.

It is believed that Justice Patel resigned in a huff over his transfer to Allahabad High Court where he would be third senior most judges against his second position in seniority list in Karnataka High Court. The transfer order came recent to the day of retirement of current Karnataka High Court’s Chief Justice, Justice Subhro Kamal Mukherjee on 9th October when Justice Patel could have automatically become acting chief justice. Further, he was not confirmed as Chief Justice of Karnataka High Court despite the fact that the previous collegiums had recommended the transfer of the incumbent chief justice out of Karnataka High Court to facilitate the appointment of Justice Patel as Chief Justice of the High Court. These unfortunate turn of events or the unnecessary hurdles in the way of Justice Patel’s appointment as Chief Justice of the High Court gives the impression to the legal fraternity that the executive is flexing its muscle to victimize Justice Patel for directing CBI investigation in fake encounter case of Ishrat Jahan when he was acting chief justice of the Gujrat High Court. The CBI’s probe in Ishrat Jahan case led to the arrest and charge sheeting of a large number of senior Gujrat Senior officers for her cold blooded murder which was a major embarrassment for Gujarat government led by Narendra Modi at that time. In an interview to Bar and Bench, Justice Patel said that he resigned only to relieve himself from the institution and wished not to make further comments. Both Karnataka and Gujrata Bar Associations announced boycott for a day in protest of the resignation. Mr. Dave advocated for the elevation of the Justice Patel to the Supreme Court or as the Chief Justice of the High Court in an article dated 16 March, 2017 as:

“Justice Patel, appointed on December 3, 2001, is senior to four of the five recent appointees. For no reason he is not being confirmed as chief justice although the previous collegium had recommended the transfer of the incumbent chief justice out of Karnataka to facilitate the appointment of Justice Patel in his place. More painful is the fact that the collegium has recommended nine judges for appointment as chief justices in nine high courts. Each of them is junior to Justice Patel by periods ranging from two months to four and a half years. Why so?”

Justice Patel joined the Bar in August, 1979 and initially started practice at District Court, Rajkot. He shifted his practice to Gujarat High Court in 1985 and was then elevated as an Additional Judge of the High Court in December, 2001. He was confirmed as a permanent Judge in August, 2004. Thereafter, he was appointed as the Acting Chief Justice of the Gujarat High Court in August, 2015 and was sworn in as a Judge of Karnataka High Court in February, 2016.

The resignation is perceived by the legal fraternity to be the defeat of the doctrine of rule of law and the separation of power as the executives use their power to appoint judges to harass the one who had ruled against them. The resignation of Justice Patel shall be construed as a protest against the vindictive agenda of the executive. The protest is not only against individual grievances but against the onset of judiciary crises where the pillar of sate which is entrusted to uphold the independence of the judiciary themselves uses it to take grudge upon the judiciary. But this judiciary crisis marked its onset in 2014 when former solicitor general, Gopal Subramanium was not appointed as a judge of Supreme Court despite the collegiums having recommended his name. This stubbornness on the part of the government to appoint and transfer judges without considering collegium’s recommendation gives impression that the struggle of judiciary for its independence which was thought to be over when the apex court struck down National Judicial Appointment Commission in Supreme Court Advocates-on-Record Assn. v. Union of India, (2016) 5 SCC 1 is not yet over and the collegiums has no ground but to cede ground under the executive. In the history of Indian Judiciary, a similar protest was witnessed against the arbitrary influence of executive in the appointment of Chief Justice of India during the regime of Indira Gandhi in 1973 and 1977. In 1973, Justices J.M. Shelat, K.S. Hegde and A.N. Grover – resigned following the appointment of Justice A.N. Ray as CJI who was appointed by superseding the three resigning justices. The three judges were the part of the majority in Keshavnanda Bharti case which was ruled against the government. In 1977, Justice H.R. Khanna resigned in protest of the appointment of Justice M.H. Beg as CJI by superseding his seniority as he was the lone dissenter in the case ofA.D.M. Jabalpur v. Shivkant Shukla which was ruled in the favour of the government.

 

 

 

 

 

 

 

 

 

 

 

 

8
Oct

*IMPORTANT COURT TERMS :-

ADP :- Assistant Director of Prosecution.
APP :- Assistant Public Prosecutor.
CC No :- Calendar Case. Number.
CJM :- Chief Judicial Magistrate.
DDP :- Deputy Director of Prosecution.
DJ :- District Judge.
DW :- Defense Witness.
FTC :- Fast Track Court.
JM :- Judicial Magistrate.
MC :- Magisterial Clerk.
NBW :- Non Bailable Warrant.
PP :- Public Prosecutor.
PRC No. :- Preliminary Registration Case Number.
PT :- Pending Trial.
PT Warrant :- Prisoner Transfer Warrant.
PW :- Prosecution Witness.
SC No. :- Sessions Case Number.
STC No :- Summary Trial Case Number.
PENDING TRIAL CASE ( PT ) CASE
—————————————
STAGE OF CASE
——————————
1.Taken on file
2. Apperence of accused
3. For copies
4. For charge frame
5. For trial Examination of pw1 to io
6. 313 Crpc Questioning
7. Arguments on both side
8. Judgement
TAKEN ON FILE
—————————-
1. CC- Calender case
2. STC- Summery trial case
3. PRC- Priliminary register case
4. SC- Sessions case
5. JC- Journial case
ACCQUTAL CASE IN SECTION
———————————–
255 Crpc In STC case
248 Crpc In CC case
235 Crpc In SC case
IMPORTANT Crpc SECTIONS IN TRIAL COURT
——————————
317 Crpc – Petition filied for absence of accused
207 Crpc – For copies
311 Crpc – To recall witness at any stage after trial
91 Crpc – To produce documents
205 Crpc – Apperence dispence of accused
239 Crpc – Discharge of accused
257 Crpc – withdrawal of complaint
301 Crpc – To assisting the prosecution
302 Crpc – Private prosecution
156(3) Crpc – Direction to register a case
173(5)(8) Crpc – Additional documents to be filed after filing a charge sheet
167(2) Crpc Bail in mandatory provision in Sessions case -90days Below 3 years punishment cases – 60
days
437 Crpc Lower court bail
438 Crpc sessions bail / Anticipatory bail
439 Crpc High court bail
Txerms used in Investigation and Police Records :-
AR Copy :- Accident Register Copy.
CD :- Case Diary.
Cr.No. :- Crime Number.
FIR :- First Information Report.
FP :- Finger Print.
FR :- Final Report.
IO :- Investigation Officer.
IP :- In Patient.
LCD :- Last Case Diary.
MO :- Modus Offender.
MO :- Medical Officer.
PM :- Post Mortem.
PMC :- Post Mortem Certificate.
PNR :- Prisoner Nominal Roll.(Prison Record ).
RCS :- Referred Charge Sheet.
r/w :- Read with.
Sec. :- Section.
SOC :- Scene of Crime.
UI :- Under Investigation.
u/s :- Under Section.
WC :- Wound Certificate.
AD :- Action Dropped.
UN :- Undetected.
MF :- Mistake of Fact.
ML :- Mistake of Law.
CSR :- Community Service Register.
GCR :- Grave Crime Report or General Conviction Register.
GD :- General. Diary.
LLI :- Loose Leaf Index.
OP :- Out Post / Out Patient.
PSR :- Prisoners Search Register.
SHO :- Station House Officer.
SHR :- Station House Report.
BC :- Bad Character.
DC :- Dossier Criminal.
HO :- Habitual Offender.
HS :- History Sheet.
KD :- Known Depredator.
LFO :- Local First Offender.
LKD :- Local Known Depredator.
NLFO :- Non Local First Offender.
NLKD :- Non Local Known Depredator.
L & O :- Law and Order.
OD :- Other Duty.
PSO :- Police Standing Order / Personnel Security Officer.
ID :- Illicit Distillation.
IMFL :- Indian Made Foreign Liquor.
IMFS :- Indian Made Foreign Sprit.
GSE :- Good Service Entry.
MSE :- Meritorious Service Entry.
……………………………………………………

Case  Type         Description

DC           Special Leave Petition (Civil)
SR            Special Leave Petition (Criminal)
WC           Writ Petition (Civil)                       
WR           Writ Petition(Criminal)            
AC           Appeal Civil                         
AR          Appeal Criminal                      
TC            Transfer Petition (Civil)                       
TR            Transfer Petition (Criminal)                    
RC            Review Petition (Civil)                       
RR           Review Petition (Criminal)                    
OC           Original Suit                          
NC           Transfer Case (Civil)                       
NR           Transfer Case (Criminal)                    
BC            Writ Petition (Civil)…                    
BR            Writ Petition (Criminal)…                 
PC            SLP (Civil) CC No.
PR           SLP (Criminal) CRLMP No.
MC          Motion Case(Civil)                   
MR           Motion Case(Crl.)                    
CC            Contempt Petition (Civil)                       
CR           Contempt Petition (Criminal)                    
XC           Tax Reference Case                          
LC            Special Reference Case                          
EC            Election Petition (Civil)                       
QC           Curative Petition(Civil)
QR           Curative Petition(Criminal)            
FC           Arbitration Petition
RA           REF. U/A 317(1)
DR           Death Ref. Case(Criminal)
DCD       Special Leave Petition (Civil) D. No.[D=Diary]                  
SRD        Special Leave Petition (Criminal)  D. No.
WCD        Writ Petition (Civil)   D. No.                           
WRD        Writ Petition(Criminal) D. No.                           
ACD        Appeal Civil   D. No.                           
ARD        Appeal Criminal    D. No.                           
TCD         Transfer Petition (Civil) D. No.                           
TRD         Transfer Petition (Criminal)    D. No.
RCD         Review Petition (Civil)       D. No.
RRD         Review Petition (Criminal)  D. No.
OCD        Original Suit   D. No.                           
NCD        Transfer Case (Civil)   D. No.
NRD        Transfer Case (Criminal) D. No.                           
BCD         Writ Petition (Civil)…     D. No.
BRD         Writ Petition (Criminal)… D. No.                           
PCD         SLP (Civil) CC No.   D. No.
PRD         SLP (Criminal) CRLMP D. No.
MCD        Motion Case(Civil)   D. No.                           
MRD        Motion Case(Crl.)     D. No.                           
CCD        Contempt Petition (Civil)  D. No.                           
CRD        Contempt Petition (Criminal)   D. No.
XCD        Tax Reference Case      D. No.                           
LCD         Special Reference Case  D. No.                           
ECD         Election Petition (Civil)  D. No.                           
QCD        Curative Petition(Civil) D. No.
QRD        Curative Petition(Criminal)  D. No.
FCD         Arbitration Petition  D. No.
RAD        REF. U/A 317(1)  D.y No.                           
DRD       Death Ref. Case(Criminal)    D. No.

1
Oct

*IMPORTANT COURT TERMS :-

ADP :- Assistant Director of Prosecution.
APP :- Assistant Public Prosecutor.
CC No :- Calendar Case. Number.
CJM :- Chief Judicial Magistrate.
DDP :- Deputy Director of Prosecution.
DJ :- District Judge.
DW :- Defense Witness.
FTC :- Fast Track Court.
JM :- Judicial Magistrate.
MC :- Magisterial Clerk.
NBW :- Non Bailable Warrant.
PP :- Public Prosecutor.
PRC No. :- Preliminary Registration Case Number.
PT :- Pending Trial.
PT Warrant :- Prisoner Transfer Warrant.
PW :- Prosecution Witness.
SC No. :- Sessions Case Number.
STC No :- Summary Trial Case Number.
PENDING TRIAL CASE ( PT ) CASE
—————————————
STAGE OF CASE
——————————
1.Taken on file
2. Apperence of accused
3. For copies
4. For charge frame
5. For trial Examination of pw1 to io
6. 313 Crpc Questioning
7. Arguments on both side
8. Judgement
TAKEN ON FILE
—————————-
1. CC- Calender case
2. STC- Summery trial case
3. PRC- Priliminary register case
4. SC- Sessions case
5. JC- Journial case
ACCQUTAL CASE IN SECTION
———————————–
255 Crpc In STC case
248 Crpc In CC case
235 Crpc In SC case
IMPORTANT Crpc SECTIONS IN TRIAL COURT
——————————
317 Crpc – Petition filied for absence of accused
207 Crpc – For copies
311 Crpc – To recall witness at any stage after trial
91 Crpc – To produce documents
205 Crpc – Apperence dispence of accused
239 Crpc – Discharge of accused
257 Crpc – withdrawal of complaint
301 Crpc – To assisting the prosecution
302 Crpc – Private prosecution
156(3) Crpc – Direction to register a case
173(5)(8) Crpc – Additional documents to be filed after filing a charge sheet
167(2) Crpc Bail in mandatory provision in Sessions case -90days Below 3 years punishment cases – 60
days
437 Crpc Lower court bail
438 Crpc sessions bail / Anticipatory bail
439 Crpc High court bail
Txerms used in Investigation and Police Records :-
AR Copy :- Accident Register Copy.
CD :- Case Diary.
Cr.No. :- Crime Number.
FIR :- First Information Report.
FP :- Finger Print.
FR :- Final Report.
IO :- Investigation Officer.
IP :- In Patient.
LCD :- Last Case Diary.
MO :- Modus Offender.
MO :- Medical Officer.
PM :- Post Mortem.
PMC :- Post Mortem Certificate.
PNR :- Prisoner Nominal Roll.(Prison Record ).
RCS :- Referred Charge Sheet.
r/w :- Read with.
Sec. :- Section.
SOC :- Scene of Crime.
UI :- Under Investigation.
u/s :- Under Section.
WC :- Wound Certificate.
AD :- Action Dropped.
UN :- Undetected.
MF :- Mistake of Fact.
ML :- Mistake of Law.
CSR :- Community Service Register.
GCR :- Grave Crime Report or General Conviction Register.
GD :- General. Diary.
LLI :- Loose Leaf Index.
OP :- Out Post / Out Patient.
PSR :- Prisoners Search Register.
SHO :- Station House Officer.
SHR :- Station House Report.
BC :- Bad Character.
DC :- Dossier Criminal.
HO :- Habitual Offender.
HS :- History Sheet.
KD :- Known Depredator.
LFO :- Local First Offender.
LKD :- Local Known Depredator.
NLFO :- Non Local First Offender.
NLKD :- Non Local Known Depredator.
L & O :- Law and Order.
OD :- Other Duty.
PSO :- Police Standing Order / Personnel Security Officer.
ID :- Illicit Distillation.
IMFL :- Indian Made Foreign Liquor.
IMFS :- Indian Made Foreign Sprit.
GSE :- Good Service Entry.
MSE :- Meritorious Service Entry.
……………………………………………………

Case  Type         Description

DC           Special Leave Petition (Civil)
SR            Special Leave Petition (Criminal)
WC           Writ Petition (Civil)                       
WR           Writ Petition(Criminal)            
AC           Appeal Civil                         
AR          Appeal Criminal                      
TC            Transfer Petition (Civil)                       
TR            Transfer Petition (Criminal)                    
RC            Review Petition (Civil)                       
RR           Review Petition (Criminal)                    
OC           Original Suit                          
NC           Transfer Case (Civil)                       
NR           Transfer Case (Criminal)                    
BC            Writ Petition (Civil)…                    
BR            Writ Petition (Criminal)…                 
PC            SLP (Civil) CC No.
PR           SLP (Criminal) CRLMP No.
MC          Motion Case(Civil)                   
MR           Motion Case(Crl.)                    
CC            Contempt Petition (Civil)                       
CR           Contempt Petition (Criminal)                    
XC           Tax Reference Case                          
LC            Special Reference Case                          
EC            Election Petition (Civil)                       
QC           Curative Petition(Civil)
QR           Curative Petition(Criminal)            
FC           Arbitration Petition
RA           REF. U/A 317(1)
DR           Death Ref. Case(Criminal)
DCD       Special Leave Petition (Civil) D. No.[D=Diary]                  
SRD        Special Leave Petition (Criminal)  D. No.
WCD        Writ Petition (Civil)   D. No.                           
WRD        Writ Petition(Criminal) D. No.                           
ACD        Appeal Civil   D. No.                           
ARD        Appeal Criminal    D. No.                           
TCD         Transfer Petition (Civil) D. No.                           
TRD         Transfer Petition (Criminal)    D. No.
RCD         Review Petition (Civil)       D. No.
RRD         Review Petition (Criminal)  D. No.
OCD        Original Suit   D. No.                           
NCD        Transfer Case (Civil)   D. No.
NRD        Transfer Case (Criminal) D. No.                           
BCD         Writ Petition (Civil)…     D. No.
BRD         Writ Petition (Criminal)… D. No.                           
PCD         SLP (Civil) CC No.   D. No.
PRD         SLP (Criminal) CRLMP D. No.
MCD        Motion Case(Civil)   D. No.                           
MRD        Motion Case(Crl.)     D. No.                           
CCD        Contempt Petition (Civil)  D. No.                           
CRD        Contempt Petition (Criminal)   D. No.
XCD        Tax Reference Case      D. No.                           
LCD         Special Reference Case  D. No.                           
ECD         Election Petition (Civil)  D. No.                           
QCD        Curative Petition(Civil) D. No.
QRD        Curative Petition(Criminal)  D. No.
FCD         Arbitration Petition  D. No.
RAD        REF. U/A 317(1)  D.y No.                           
DRD       Death Ref. Case(Criminal)    D. No.