A place where Ram-Nam (Chanting Name of God) is going on 24 hours round Since LAST 48 Years

Whenever we feel helpless, we start looking for sources of power.

In Gujarat, there is place called Jamnagar.

On 1s August, 1964, one saint Prembhikhshuji Maharaj, started a group to chant Ram-Dhun at a place called Bala Hanuman Temple.

The group started chanting Ram-Nam 24 hours round a day; Shri Ram Jai Ram Jai Jai Ram"

Those worshipper who get tired were being substituted by other worshippers, but the Ram-Dhun went on continuously, day after day, month after month, years after years, and even at this minute, going on.

The chant goes on non-stop since now last more than 48 Years


Haresh Raichura
30th May,2012

For Husbands (1) You cannot detain your wife in your house even for a minute without Her CONSENT

99% Family cases in Indian Courts are due to misunderstandings in minds of husbands. Most of these husbands believe that his Wife cannot go anywhere without His Permission.


LAW


You cannot detain your wife in your house even for a minute without Her CONSENT. 
Wife only need to dial 100 and call police.


SOCIAL BELIEF IN INDIA 

If wife, wants go to her parents house, she is expected to seek permission of her husband, and if Husband refuses, she cannot go.

CASE 1


A wife in Chennai was refused to go to her parents in Gujarat. The husband did not keep more than Rs.500/- cash in house. (Wife will need more amount if she wants to buy bus ticket to Gujarat)

One day, when husband had gone to office, she left with Rs.500/- and purchased bus ticket upto permissible limit under Rs.500/- Her parents came and took her from that place.

CASE  2


A wife was confined and tortured, beaten daily in a Delhi house. A neighbour took pity and informed her parents. The parents came. They called local relatives.

But Husband said "No. You Cannot Take Away MY WIFE without MY PERMISSION.


He gave in only when it was made clear to him that a lawyer is called and police is being called.

This misunderstanding in minds of husbands should be changed. Daughters and Wives should know how to call police. If husband will stop thinking that wife is "Property", many disputes will reduce.

Haresh Raichura
31st May,2012

Understanding Why Supreme Court did not give any relief to Army Chief Gen. V.K.Singh

In TV interviews, Army Chief Gen. V.K.Singh expressed grievance that Supreme Court did not decide his age dispute.

I think there are misunderstandings about how courts function.

Summary of his possible grievances

1) Four Former Chief Justices of India had given written opinion that his birth date is 1951, even then Supreme Court did not consider them.

2) "I only wanted a declaration that my birth date is 1951. I wanted nothing further. I was ready to resign. Even then Supreme Court did not declare my birth date as 1951"

3)  Instead of deciding my matter, Supreme Court tried to arbitrate. It should have either told me that my case is false, or it should have accepted my case. It should have given a judicial verdict.

Rules of Supreme Court, as usually understood

1) If Supreme Court had given any relief to Army Chief, it would have been accused of giving undue favour to General. 

Because in 1,00,000 or more cases it has been already held by courts at fag end of your service, you cannot come to Court to seek change in service birth date records. Neither any High Court or Supreme Court will accept such petition when you are about to retire.

2) Possibly to overcome this legal hurdle, General said, I do not want any consequential relief..(But yet his written petition did ask for consequential relief). 

The settled legal position is such that Supreme Court or High Court do not accept a petition unless, there is some thing to be adjudicated, decided, one party is to be given a decree and one party is to be deprived of something. Matters are not admitted for academic discussion.

If General wanted a Public Declaration that his birth date is 1951, only a trial court can grant such Public Declaration under Sec.9 of CPC. Even today he can go to Civil Court to get a Public Declaration of his 1951 birth date. Supreme Court have no power to decide such suit disputes.

3) What about opinion of Four Former Chief Justices of India? All of them may have agreed that birth date is 1951. 

Here there seems catch. None of them would have said that at fag end of service, General can file petition in Supreme Court. Reliance on these reports does not help.

4) His grievance that Supreme Court did not gave a verdict on his petition is again wrong. His counsel WITHDREW petition. Had he insisted on a verdict, Supreme Court would have given speaking order giving its reasons and verdict. 

From his TV interviews, I can only feel that he has not been properly advised.

Haresh Raichura

28th May,2012 

Your Rights Against Doctors (5) A doctor who wanted to give Rs.1 lakh injection in a dead body

A client told me this story. Some of his relative was admitted in ICU in hospital. The patent was critical. The doctor asked relative to buy a Rs. 1 lakh injection to be given to patient.

Just as he was going out to buy injection, a peon from hospital took him on one side and whispered to him,
"The patent is already dead since three hours. The doctor is cheating you."

I asked, what happened thereafter.

Client said,"Nothing. No complaint was lodged. Because the Doctor was connected with mafia and police".

Haresh Raichura
27th May,2012

Your Rights Against Doctors (4) A Doctor who removed kidney in name of removing appendix

It has happened somewhere in a small town. A client came to me about a property case. Side by side, he told me story of how his doctor removed one of his kidney in name of removing appendix.

He had gone to hospital to complain about pain in stomach. He was asked to get admitted. Operation for appendix was advised and done.

After about six months, when he consulted some other doctor, he informed him that earlier doctor has removed one of his kidney in name of removing appendix.

I asked him what action he had taken against the doctor. He said he did not complain against the doctor because he had family relationship with doctor!

How our small town people are gullible!

Haresh Raichura
27th May,2012

Your Rights Against Doctors (3) Doctors not liable for Patients body responding differently

Human body is complex. There can be different strength in different organs of body, depending on age, weight, temperament and other conditions.

Even if diagnosis may be right, dose may be right, even then it is possible that some patients do not show improvement.

The doctors are not liable for such factors.

Haresh Raichura
27th May, 2012

Your Rights Against Doctors (2) Incorrect diagnosis does not make doctor liable

Doctors are human beings. They can make mistakes. They can make incorrect diagnosis. But that by itself does not make a Doctor liable in courts.

For example, for VERTIGO, there are more than 400 causes. It is possible for a doctor to err about the cause.

These are "Error of Judgement".

PRINCIPLE

Negligence or deficiency in service is something more than a mere error of Judgement. Persons react differently to any given situation. A person cannot be made liable for Errors of Judgement.

Haresh Raichura
27/5/2012

Your Rights Against Doctors (1) All medico papers are legally valid

Many medical laboratories and Doctors write on their reports/prescriptions, that "This report/Prescription is not valid for Medicolegal purpose"

In my view, these disclaimers are not valid in courts. The courts can use every such paper, including bills form medical stores, and all connected papers.

PRINCIPLE:

If law gives you some rights, the rights cannot be taken away by such unilateral terms.

Haresh Raichura
27th May,2012

Legal Remedies (1) How Few Friends Can Start fight against corruption at Small level

An individual cannot fight against corruption. Because the Corrupts are always in team of 100 persons. They can easily defeat an individual.

But there is one BIG weakness of Corrupt People.

They very much fear PAPER TRAILS. Because whenever paper trails are filed in court, these paper trails become ropes and ropes lead corrupt people to cages and mouse traps.

What are these Paper-Trails?

Do you know what Dr. Subramaniam Swamy, Prashant Bhushan, Anil Kejariwal etc are fighting with? They have got copies of some papers. These are PAPER TRAILS 

  Paper-Trails are Papers which connect a Corrupt Person with his Criminal Act.

Again read words above in italics. Understanding these words will give you power to make ropes with which corrupts are caged. 

(Also remember, that CDs, Tape Recorded Tapes, Witnesses etc. are weak ropes in Court.)


The Paper Trails are considered very tight ropes by courts when they want to bind corrupts.

Perhaps you may now say:

"Nice. We have understood what is paper-trail....... Now tell us how we can use this knowledge.....
We are small people...... We cannot afford to file court cases....Tell us things which we can do..... 

"We also do not want to become complainant..... We have small family..... We do not want to incur enemy with team of 100 Corrupt People by complaining against them. 

"And yet we want some kind of power to use when we are face to face with open corruption."

Here is A Suggestion:

I am just telling you how I once used such power & Why I stopped.

1982, when I had joined as an advocate, I had no cases. I was free. Few other advocates were also free and without any work.

We, formed an "Aggrieved Consumer Association"

No registration was compulsory. In one note book, we 11 friends, signed resolution. One became president. One Secretary. One Vice President. etc etc. 

Then we printed letter-pads. On left side name and designation of each was printed. I gave letter-pads to everyone. Each one was free to write anything to anyone, under his own signature and rubber stamp.

To start with, we wrote a letter to Managing Director of a leading brand of soap. Pointed out to him that the label on soap shows 150gm when packed. Actually it is 125 gm. We asked him to How much water they add in soap and asked him to Show cause in 15 days why appropriate action should not be taken.

In 15 days, a reply came. Then an officer from Bombay (as it was then known), and an officer from Ahmedabad, came to Junagadh, looking for us and explained to us that "All is well". 

Secondly, we dropped a letter to a tooth paste company. Again to Managing Director. Against replies and explanations and officers came to satisfy us.

After some days, we wound up our hobby-type-association as differences came up among us.

Why this unregistered association worked?

1) Letters were Paper-Trails, sent by Regd.A.D., setting a paper trail, connecting Managing Director of Company to the Deficiency of product.

Lesson to learn:

Whenever a paper is connecting a "Person at Top" with the "Act Complained", responses are more likely to follow. Because, the "person at Top" would like to resolve the paper trail.

Similar Rule in Supreme Court and other Court Proceedings

If you want to file an application for contempt of Supreme Court, (1) You have to name the person, (2)  Then you have to show paper trail, how the person is connected with your grievance. ( i.e a show notice to person and asking him to obey certain order of Supreme Court). 

Then only court can send that man to jail for contempt of court. 

There are many such rules of courts.

So....? Therefore what?

If you have a complaint, that certain Patwari is not registering certain deed in revenue record, you should first  set a paper trail around him. 

Sent (1) A regd A D Letter to his name (2) Letter should connect him to his act of not registering deed in revenue record.

Whether he takes action or not is immaterial.  You have successfully trapped him in a paper trail which can be used against him in present or in future.

When this Paper Trail will not work or when this will backfire on you?

One cannot say. Anything can happen. Any kind of reaction possible. 

How a small group can fight such issues?

Many time a victim is poor or weak. He may not like to complain with his name. Then any small group of friends can set up any kind of "Public Grievance Cell for Welfare of Citizens" and can start fixing paper trails on corrupt public servants,officers etc. etc. etc. etc. etc.

In case of Judges, law does not permit you to write or address a letter to any judge. It will be contempt. But if you have grievance about a judge you can make a representation to Higher Judge/Court. This representation will be a PAPER TRAIL.

Avoid big battles. Complainants or letters writers are frequently murdered. Keep a low profile. Do not try to expose big scams. Fight in a Friendly manner only. 

Do nothing more than putting a Paper Trail. Let the corrupt person find him his way out of your paper trail. If your intentions are bad and if you will try to blackmail or hurt some one, you will also suffer consequences.

After all, The Corrupts and The Non Corrupts both are sons(daughters) of Mother India!

Haresh Raichura

26th May,2012

Your Rights Against Police (6) If police beats, you and your neighbour, both

A twitter friend wanted to know, what he can do if police abuses and beats him.

This problem can be examined in TWO parts.

One Part:  If complaint is filed against you and if police beats up you, it is wrong but it is understandable. He may be doing his job.

Two Part : But side by side, if he also beats up your neighbour, it is not understandable. He may have gone out of his way.  Here, he is not investigating any complaint against neighbour. He may be answerable to court.

The two wrongs are different.

THREE DIFFERENT REMEDIES AGAINST POLICE EXCESSES

Remedy 1

1) If he has done something in course of his duty, while doing some legal investigation, 

he is protected. You cannot prosecute in court, without sanction of his higher authority, under 197 of Cr.P.C.

a) First, You have to first apply for sanction u/s. 197 to prosecute him to higher authority. 

b)Second,  If sanction is not given within reasonable time, you have to go to High Court under Art.226 to direct authority to give sanction.

Remedy 2

2) If he has done something which which is not connected at all with his legal discharge of duty, then the sanction under Sec.197, not required. (For example, beating a neighbour who had nothing to do with case and who was just standing nearby). 

Then he will be treated like ordinary citizens. A complaint can be filed in Court under Sec.200 of Cr.PC.  and he can be prosecuted. 

Remedy 3

3) Additional Remedies: (No sanction necessary)  

Damage suits in Civil Court for excess by police can be filed against police and Government both. 

Civil Courts and civil remedies are always available. These are cases under law of Tort, which says, if any one does any wrong to you, you can come to come to court and ask for damages.

PRACTICALITY

Law is good. But not everyone can use it. Be practical. Avoid getting into trouble with anyone. Don't waste your life in litigations. Laws look good in books. But courts are crowded. There is an atmosphere of suffocation in court.

Haresh Raichura

25th May,2012

Legal Games (1) If found drunk, say, "I drank Jeevan Mixture Medicine" - Ask for acquittal

Suppose you are found drunk in a Rave Party.  Police has taken blood sample. Alcohol is found in your blood more than in permissible limit. 

Now, What can you do? 

(This is not legal advice. Don't do this. Ask your Lawyer)

At the end of Trial, the Judge will ask you, "Now, Mr. Accused,  what have you to say? Alcohol is found in your blood. Tell me why I should not send you in jail for six months for violation of Bombay prohibition Act? " He will ask this question before convicting you, because he is required to ask as per requirement of Sec.313 

You need to say very politely," Sir, there was heavy stomach pain. I went to a medical store. He gave me a bottle of Jeevan Mixture Medicine. By mistake, I drank the whole bottle since pain was unbearable.  This medicine contains, 47% Alcohol. Therefore, in blood sample alcohol is found!"

The Judges have acquitted hundreds of person before my eyes, on this ground, in Gujarat, in Junagadh, in 1982, when I had just become an advocate. 

After some years, Gujarat High Court noticed this legal game and said,"You cannot just walk out from court by saying that you drank Jeevan Mixture. You need to go in witness box and actually prove that your defence is reliable." 

Haresh Raichura

24th May, 2102

Your Rights Against Police (5) You can search Police before he Searches You

Suppose for any reason, if police arrests you, then first thing he may do is to take away your mobile. Then he may search your shirt pockets or trousers to see if there is anything like drugs etc. to pin you down.

These are his rights under Sec. 51 of Cr.P.C.

What are Your Rights

1) Before he begins your search, you can say, "Sir, Hold on please. Let me first SEARCH YOU. Who knows, you may be hiding some drugs in your palm and then you may stealthily drop it in my pocket!. Let me first SEARCH YOUR POCKETS AND HANDS.

He may laugh. He may beat you. Or He may Ask, "Where is such law? Where is it written in law that I have to first offer myself for search by You!

Here you can answer, "This right have been given to me by Court. This Right has been given to me by SUPREME COURT of India. If you will not permit me to search you first, your whole search will be illegal and in addition you may be liable for Contempt of Court of Supreme Court for disregarding its order in BIHAR Versus Kapil Singh AIR 1969 SC 53. 

You can find this judgement on internet on Google.

2) If Police Officer who wants to search you, belongs to Narcotic Department, you can say, " Sir, I do not want to be searched by you or any officer from you team. Take me to nearest Magistrate or Gazatted officer and then search me in HIS PRESENCE. And there also, first I will search you, and then you will search me".

This right is given to you under Narcotic Act Sec.50

The Law has put these safe guards and given you these rights so as to prevent framing of innocent persons under draconian drug Act.

It is now up to you.

Haresh Raichura

24th May,2012

PS. It is illiterate poor who need this knowledge more than you. If you have any friend publishing any vernacular newspaper, you can ask him to copy, translate and publish this article without asking my permission. This may save many innocent persons from being framed in Drug Act. 

Gandhiji (1) Is Change in India possible without An Ashram? Gandhiji fought from two Ashrams: Sabarmati and Wardha

Ashram can be defined as a "School of Change".

It is something more than a hub of activities. It is not like an office.

The people who ask others to change, have to first change themselves. It is not possible without an Ashram.

In ashram, Gandhiji himself led others by setting an example of himself. His followers also had to follow rules of Ashram. All had to wake up at 5AM and do manual work like sweeping cleaning..

That is why they could lead India.

Presently, Sabarmati Ashram and Wardha Ashram seem to have become monuments.

Do you see any Ashram  in India from where vibes of change are coming?

Haresh Raichura
24th May,2012

Your Rights Against Police (4) When police takes away your Relative or Friend

There are some lawless areas in India. Police can do anything including an encounter. If police takes away your relative or a friend on grounds suspicion, there are few things you can do, depending on situation.

1. Be Practical

Find some contact in police department and try to sort out thing.

2. Go to lawyer.

Act as per his advice. Move such application as he may suggest.

3. Put a Telegram to Head of The Police Station

Inform him that your relative/friend named ____ has been taken away by police from place____ at time _____ on Date_______. And then request that Sub-Inspector or whoever is competent, may take your friend to Registered Medical Practitioner to get his body checked so that evidence of torture or physical beating by police can be collected under provisions Sec.53 and 54 of Code of Criminal Procedure. Also ask him when they propose to produce him before Magistrate or whether he is going to be released by police.

Importance of such telegram: It Creates a Paper Trail of Evidence. It is evidence about (1) Time when your friend was taken away (2) Evidence that you requested for medical examination under Sec.53,54 of Cr.P.C. (3) You can get a certified copy of telegram from Telegraph office, to produce later in court.

The Police may ignore the telegram and may still beat or torture your friend. But that is not in your hand. The Law will take its course. With copy of telegram, you will get power to complain against torture if it is actually done. The purpose of telegram is a) To create a evidence b) To warn police authorities that if torture is done, they may have to explain to court what they did after receiving telegram.

4. Go Mad (Unconventional Remedies)

This is an extreme option. You can go mad and can send 10 or 100 telegrams to Authorities or persons whom you think fit.(I.e. District judge, District Collector, MP, MLA, Chief Justice, PM, etc etc) Each telegram will be an evidence if there is custodial death or too much torture. Use this method sparingly. Reactions could be highly unpredictable and unfavourable also. This is a remedy for person who has lost all hope in system.

5 Caution

Your lawyer, who may be experienced in such matter, may help you to move application before Magistrate or to High Court or for bail, whatever he may think fit in factual situation.

Telegram Remedies have sometimes worked and sometimes not worked. Sometimes they have been counter productive. Some lawyer may say Sec.53 or 54 are not applicable at this stage.

But the point is, what else can you do? If some one points out a better way to handle situation, please do that. The aim is to ensure safety of person who is taken away by police without any warrant of court.

Haresh Raichura

24th May,2012

Legal Remedies (2) Public Law To Challenge Every State or Central Government Public Interest Order

This Law is called ADMINISTRATIVE LAW.

If you think, that any State Government or Central Government Order,Contract, Grant of License, Wrong Policy, etc etc  is bad, you can challenge it in the Court which is nearest to You..  You need not GO to High Court or Supreme Court.

Such suits can be filed in any Civil Court (Senior Division). The Court will examine whether such a Order,Contract, Grant of License, Wrong Policy, etc etc is in violation of Administrative Law or not.

Steps And Requirement

1) Any FOUR person can file representative suit, to cancel any order of any State Government or Central Government.

2) If the order is of State Government office, give a 60 Days show cause notice to a) The Collector of District and b) Chief Secretary of State Government. Notice should be titled as SHOW NOTICE UNDER SEC.80 OF Code Of Civil Procedure before filing a Representative Suit.

3) If order is of Union Government, notice as above should go to a) The Collector of District and b) Chief Secretary, Union Government.

4) After expiry of 60 Days, suit can be filed in local court. Process will begin.

Haresh Raichura

22nd May,2012

Your Rights Against Police (3) No Police Officer can ask you to sign any statement

Look, how horribly laws are twisted in India. Everyday, police records statements of thousands of witnesses and also forces them to sign statements. Then they are asked to give deposition on oath as per statement signed by them!!!!

This is how ignorant illiterate people are treated.

But so far as you are concerned, you have become aware. Under Sec.160, if police thinks that you can be a witness or may know something about crime, he can call you to police station and ask questions. But he cannot call you if you are named as accused. Sec.160 powers are only for prospective witnesses.

After asking you some questions, he can also record it in writing.

And then the CATCH:

Then, he can ask you to sign below what you have just said.


Here, You can say NO. You can say that Under Sec.162, specific, direction is there to police that no signatures are to be taken below such statements.

If he threatens, tell him that under Sec. 163, Police is not supposed to threaten any witness for making statement.

Remedy:

You threaten to Police that if he will force you to put signature, you will go to High Court under Article 226 to quash the statement. 

How you will prove in High Court that Police Gave You Threat?

You need not prove it. In High Court, burden will be on Police to satisfy High Court, that he really, really, really, did not give any threat to you. 

Haresh Raichura

22nd May,2012

Your Rights Against Police (1) When he calls you to police station (2) When he arrests you.

Disclaimer: Law is silent before stick of a police man. So do not show law to a police officer. He may show his powerful stick. Laws are argued in Court by Lawyers. With police, in police station, you should behave like a practical and prudent person. Do not rely too much on book-based knowledge given below.

--------

It is always advisable to carry proof of your identity and residential address with you. If you do not have such proof ready, the police can arrest you under Sec.42. There are many other grounds on which police can arrest a person.

Breaks Applied By Supreme Court on Police's Power to Arrest

On 2-12-2010, Supreme Court gave a break to the POWER OF POLICE TO ARREST in case of Sidhharam V/s. State of Maharatstra 2011 (1) SCC 694.

It tells police, "Do not unnecessary arrest people. You may have power to arrest. But that does not mean that you can arrest people at your sweet will. YOU WILL HAVE TO JUSTIFY WHY IT WAS NECESSARY TO ARREST. 

So? What does it mean? It means that if police unnecessarily arrests a person, he or his relative can move High Court to quash the arrest by citing above judgement. Since this is yet a new law, what relief courts give in cases of unnecessary arrests, is yet to be seen.

1) When a Police Constable Comes and says that you are called at police station.

A) First, you can say that Police has to ask you to come as a witness to police station, it has to do so in writing, giving reference to FIR and charges, in connection of crime, in which he wants to ask you some question.

Under Sec. 160. If police thinks that you may be witness or may be knowing something about crime, than he can call you. 

B) This is for witnesses only. If you are named as an accused in a complaint or FIR, you can politly inform police that since you are an accused, you have right to remain silent, and you cannot call me to police station under this section. If you have some evidence against me, you can certainly come and arrest me. But since I am already made an accused in complaint or FIR, you cannot call me for questionning under this section 160.

2) When You Are Arrested

A) You have been given a right by Supreme Court in 1983 in Sheela Barse Case. It says that immediately after you are arrested, police will ask from you number and address of your relative or friend to whom police is bound to inform immediately about your arrest and grounds, case etc for which you are arrested. (You can give number of your lawyer friend who may be good in trial court procedures.) (Much better it is if you can manage to send a SMS to your relative and friend before you are arrested.) 

B) The moment you are detained, (even if still not arrested) you have right to call Magistrate and request for medical examination of your body so that to avoid chances of being beaten up.This is under Sec.54 of Cril. Procedure Code. Your friend can also apply with help of lawyer.

C) In 24 hours, police is bound to produce you before Magistrate. And Magistrate is duty bound to inform you that if you have complain of torture in police custody, you can ask for medical examination.

D) If you are accused, you have right to remain silent and you can refuse to give answer to questions which may incriminate you.

Again read, Disclaimer stated in first para. Take advice of your lawyer and act as per his advice. Not on basis of what is stated here for academic discussion.

Haresh Raichura

21st May,2012

Gandhiji (2) Gandhiji May Not have bothered about Internet Censorship, Paidmedia orloss of Privacy

Imagine times of Mahatma Gandhinji. Then also there were paidmedia, censorship and loss of privacy. During his journeys, at various places he was checked to see if he was carrying any provocative or defamatory material. All his speeches were scrutinized for offensive words.

Nothing stopped him. He believed in Self-Spreading-Power of Truth. And he believed in one another sentence of GITA, "He who does not upset anyone and who is not upset by anyone is dear to Me".

If you follow this rule, say nothing which may personally hurt anyone, censorship may not bother you.

Criticize the deeds, do not criticize the human being who did these deeds for various compulsions he might have.

Then again choose your battles wisely. You have limited life span. If you waste it in fighting personal battles with a few, you may be wiped out before you may have accomplished some solid good.

Or you can also look upon such things as conditions of game , bumps set up in game of Golf.

Haresh Raichura
21st May,2012

Do you know who can make most money from murders of RTI Activists? Ans: The Police Investigating Officer

When a police officer is investigating murder of a RTI activist, he is possession of several complaints made by RTI Activists in last six months. Each complaint is a scam by some rich person. The police investigating officer treats  each of them as suspects.

You can imagine the size of bribe he may be collecting to give clean chit to each suspect.

Again, ask yourself, who makes the most of money from "Murders of a Girl who had illicit relationship with Several Rich boys"

Every rich boy who had illicit relation with murdered girl is a suspect. A police investigating officer treats each boy as 'Suspect'.

Imagine how much bribe a corrupt police officer may be getting from parents of rich boys for giving clean chit to their boy.

SOLUTION: 

Just Wake up.

Insist for Separation of Crime Investigation Branch from General Police Wing.

Haresh Raichura

20th May,2012

Legal Remedies (4)Law permits you to file all kinds of suits for damages against Manciple Bodies.

If for one day, water is not supplied, you can file suit. If you fall into an open pit, you can file suit. If your name is not shown in voter list, you can file suit. If electricity light is cut off for two hours, without previous warning, you can file suit of damages. If your relative is not properly treated in government hospital, you can file suit for damages..If your neighbour throws a banana skin on road, and if you slip and fall, you can file a suit for damages..

An Extreme Example= If your barber does not cut your hair properly, you can file suit for damages against him!

All such, and millions of similar type suits can be filed under Sec.9 of Civil Procedure Code. In case of Government, you have to give 60 days advance notice.

It is left to your imagination what kind of suit you want to file. If you have suffered because of any wrong action of anyone, you are entitled to file suit of damages and Courts are bound to decide your claim.

All such suits are under Law of Tort(Wrongful Act)

Haresh Raichura
19th May,2012

For Sale: Information of sites you visit and how much time you spend there

Four days ago, I visited a website which was selling software of legal cases for lawyers. I spent about 10 minutes on site. I looked up directors's bio data. They were highly high-tech in web technology and were spending 20 hours a day for advancement of company.

I closed the site and forgot about it. Two days thereafter, salesman from the software company came. Since, I was already interested, it was easy to sell for him. He sold and went away.

POINT

There are web tools, which tell you who is visiting a particular site, how many times, how much time he spent there, his buying habits, his interests etc. If you will search for word "Analytics" on Google or on Iphone application store, you will get these application.

Commercial people are using it already.

Forget about censorship. Everything you do on net is transparent and visible. There is nothing like privacy once you click on any link.

Even when you click on a link found on a blog, someone is buying that information.

If you tweet, there are software which can tell you how many people clicked on your tweet, and at what time of day or night. You can then tweet more at such times! All information about your net activity is available for sale for monthly 5$ to 99$. 

Haresh Raichura

18th May,2012 

A Good Capitalist : Cash MacCall Model: Buy sick unit. Make it Profitable :Resale it

In 1955, a novel titled Cash MacCall was published. I may have read it in 1970. It was about about a Capitalist, who used to put his capital to social use as well as for making profit.

In India, we have a large number of Capitalists. They also serve social causes as well while helping nation to grow more industry.

But I have not come across any Capitalist or Industrialist who may be following Cash MacCall Model. Hence I write this brief post.

What Cash MacCall used to do:

He used to stay in five star hotel. In newspapers, he will search for advertisement where an "Industrial Unit is On Sale - As it is". This will be usually a sick industry, running into loss, owner will be cash strapped and will be willing to sell for whatever he can get.

Cash MacCall will, without disclosing his identity, collect all details about the company or industrial unit. Then on basis of reports collected, he will apply his mind. "Why is this industry making loss? Is there a way to turn it around and to make it a profit making industry?" 

If he will find some answers to his question, he will buy this company/industry at a very low price. In Six months, he will turn it around and make it a highly profitable company. Then after another six months, he will sell this Company at much higher price. 

He will thus make a profit. And he will do all these, without disclosing his identity and without leaving his stay in Five Star Hotel. He will also serve a social cause.

How this Cash MacCall model Can Help India?

In India, there are large number of Capitalists or Industrialist like Ratan Tata, Azim Premji and several others who believe that Capitalists should also serve nation. They have experience. They can revive any sick unit and make it profitable. All we need to do is to encourage them.

What Government Can do?

It has to ease taxes on capital gains from buying sick units and selling it as profitable units. This will help a lot of cash-starved and dying industries of India.

Haresh Raichura

17th May,2012

The book Cash MacCall is still available on Amazon and other online bookshops.

When Will People See "Citizens' Charter" Displayed outside Every Court Room in India?

We are asking for a very simple and small favour. When a person enters in compound of Supreme Court, or a High Court, or a District Court, he should be able to see a large board describing Citizen Charter for citizens.

It should say what minimum a litigant can accept from this Court. If possible, it should say what are the arrears in this court, how many cases are disposed off in last month, what are the procedures for getting matter listed for urgent orders, and what is the Citizen Grievances System.

At present, scene in any court is very simple. There will not be enough chairs for litigants to sit. No one will know when his case will start. Everyone is crowding the court at 10.20AM daily. When a citizen comes in court, he looks confused,pitiable and apprehensive.

This should change.

I think his faith in Judicial System will grow if he will see a Citizen Charter outside every court in India.

Haresh Raichura
16th May,2012 

A lawyer watered his plants daily and he became Chief Justice of High Court

True, vegetable plants have life. But do we look at plants as if they are truly living persons?

A lawyer named B.K.Mehta used to practise as an advocate in Bhavnagar District Court.

He used believe that one can receive lots of blessings of Gods if one can keep some plants and water them daily.

This was his faith. However there is no scientific evidence that one become blessed if one worships and waters few plants daily. There are no experiments made to find out.

One day, he came from Bhavnagar to High Court in Ahmedabad and argued a case. The Judge noticed something in this lawyer. He was invited to become a Judge of Gujarat High Court. (Till today, he is the only advocate of a District Court who was invited by High Court for judgeship from a small District Court. All such selections are made from High Court advocates only, to the best of my knowledge)

Later, he became Chief Justice of Gujarat High Court. After his retirement he came to practise as Senior Advocate in Supreme Court. Here, I met him. He told me about his faith in plants.

He had continued practice of maintaining and watering few plants everyday till his last.

Haresh Raichura
16th May,2012

Child Abuse Law Could be the Next MOST ABUSABLE Law in India?

 If you are Landlord, you may want your tenant to vacate your house. But what will you do if tenant files a Child Abuse case against you alleging that you touched her little daughter at wrong places? How will you prove that you are innocent and you did nothing, this is false case?

The girl will say in court that once when his parents were away, you touched her. Her Mother will say that as soon as she came, her daughter told this story and she filed complaint. The small girl will be tutored by her parents to give a false deposition in court.

If you will tell court that, "Sir, I asked tenant to vacate my house. Therefore he has filed this false case through her daughter."

The Judge will reply, "Oh, Yah, so to evict your tenant, you started abusing their girl! What a bad man you are! You must be given maximum punishment."

Now how will you prove that this is false case? The mere filing of complaint will ruin your reputation. The only way out could be to submit to blackmail of tenant.

There may be many such false cases filed for many wrong motives.

The people are already reeling under abuse of 498A Cases. They will now also complain about abuse of child abuse cases.

Haresh Raichura
16th May,2012

Can people set up a Voluntary Law Commission to study atrocious Laws and to Challenge such laws in Supreme Court?

Let us accept one obvious fact.

In India, nothing substantial happens without orders of Courts. 

To get an order from court, it is not enough to tell courts that a particular law or rule is bad. A Law- Expert type body should first check the entire issue as to on what ground the Court can cancel such law or Rule. It should be made as clear as 2 + 2 = 4.

Then only court would like to entertain such public interest petitions.

Law Commission of India acts only as a Private Advisor to Government. It can examine only those issues on which Government asks its opinion. This body is of little use to people.

A trust like body, a VOLUNTARY LAW COMMISSION needs to be set up whose whole function may be (1) To receive complaints from people about atrocious laws,(2) To examine such provisions with help of lawyers, and (3) To move appropriate High Court or Supreme Court and (4) To spread awareness among people and elected representatives about atrocious laws.

Haresh Raichura
1t6h May,2012

How I overcame Addiction of Watching Cricket Matches

Even if you are told that that 'this match is fixed', you may continue to watch it till the last ball. If you continue to watch a cricket match, even after you are told that it is fixed match, then probably you may have addiction of watching cricket.

Social Psychologists have made experiments and warned about serious psychological damages to viewers who watch T20 type matches. It makes them edgy, insisting on instant gratification and tilts them towards criminal behaviours in Social Circles.

When I was addicted to Cricket Viewing, I noticed one thing, if I do not start watching at all, then I feel no temptation to watch it. But if I start watching it, after 20 minutes, I am trapped. I have to watch the full match. So I do not start watching cricket match at all.

Now since years, I do not watch cricket matches. Probably, I may be missing a lot. But if matches are fixed as they say, then I think I may not be missing much.

Haresh Raichura
15th May,2012

Can people write directly to Law Commission of India with suggestions for Changing Laws?

I think people can write directly to Law Commission and suggest changes in any particular law. The Commission seems have a very small staff (may be about a dozen). So how they will be able to read suggestions of people is a question. But the website of www.lawcommissionofIndia.nic.in does invite suggestions from people.

What website says?

It says, "The Commission welcomes suggestions from any person, institution or organisation on the issues under consideration of the Commission, which may be sent to the Member-Secretary.

CONTACT

Member Secretary LAW COMMISSION OF INDIA, 2nd Floor, The Indian Law Institute Building (Opp. to Supreme Court), Bhagwandas Road, New Delhi - 110 001. Tel. No. 23383382 E-Mail: lci-dla@nic.in But what are the issues which "are under consideration of Law Commission of India" about which people can write ? I have no idea. Presently 19th Law Commission of India is functioning. Its term ends in August 2012. Recently it seems to have given 235th Report (Advice to Government) on Conversion/ Reversion to another religion and its mode of proof. I think for more details, you can email directly to commission. Haresh Raichura 14th May 2012

There Are Laws Which Force People To Become Corrupt

A total revolution in minds of 1.21billion people is necessary. People should be encouraged to say publicly that if choice is given to them, they would not like to pay bribes.

But do people have any choice but to pay bribes? Ask any small businessman or a top industrialist. Both will say that "There are Laws which Force Them To Pay Bribes"

Are We Indians basically dishonest people or are there laws which force we the people of India to pay bribes?

A twitter friend asked this while commenting on my blog and suggested me to see if I can write on this question.

The answer is obvious. There are at least 10,000/- laws, rules and circulars which force ordinarily law abiding people to pay up bribe or to go to jail.

One Example

If for certain violation of law, if law provides for punishment of " Six Months Jail, Or, Rs.1000/-fine, Or Both ", what do you make out from such a law?

It means, if you can pay bribe through right methods, the Authority or Judge can let off you with Rs.1000/- fine.

But if you will stand up in court like a honest man and say, "Sir, I am sorry. I will not do such thing in future." The Judge will possibly send you for six months jail and a fine of Rs.1000/-"

What will you do ?Would you like to pay bribe or would you like to be an honest person?

Are there really such laws, or am I just making up an imaginary example?

I have seen such provisions of laws. I have paused when I read such provisions of law. I have visualized how such provisions are forcing even law abiding people to pay bribe. Ask your nearest small shop-keeper. He will tell you that there are so many laws about his shop that he cannot run his business even for one day unless he pays monthly instalments of bribes.

Even Top Businessmen of India will say similar thing.

Next question is : Do we have some people who study such laws and suggest amendments of such laws?

I don't think we have.

Haresh Raichura

14th May 2012

Lesser Known Good Lawyers : A Lawyer who sleeps in Gaushala

All lawyers are not bad. There are also good lawyers about whom people know very little. One such lawyer is Prakash Pathak. He daily sleeps at night in Gaushala. He feeds cows. Washes cows and he serves cows.

He is a very busy and prominent advocate in Gujarat High Court at Ahmedabad. He is so busy that he can hardly talk with you for more than a couple of minutes. He is always surrounded by his clients and juniors. Several Junior advocates are working under him and his office is working till 10.00PM.

He maintains his own Gaushala. At 10.30pm he goes in Gaushala. Serves cows and also sleeps there. At 4.30AM he again serves cows. People from nearby area come for milk. During this period, he looks like an ordinary and simple villager. The researches are going on. Several products and medicines are made from cow products. His staff assists him in looking after cows.

At 8.30AM he goes to his office and he again becomes a very busy lawyer. No one who will see him arguing in Court, will ever imagine that this lawyer is also a Gaupalak.

I have told you this story, so that you do not think that all lawyers are bad. Some of them are very good human beings. It is our fault that we know less about them.

Haresh Raichura
13th May,2012

For Young Lawyers: Remember Dates

You may be remembering your birth date. But how many other dates you remember about various milestones which you crossed in your life? Justice K.G.Shah had amazing memory for dates. He could easily remember and recall any dates about his life events.

When studying a case, he used to give extra attentions to dates involved in a case.

If you want to catch a tiger by tail, in case of a book, you can catch it by index of a book. And in case of a legal case, you can master the case easily if you can catch dates involved in case.

A present Supreme Court Judge, recently said, "Dates Do not Lie". He believes in studying a case by examining proximity or otherwise of dates of documents filed in a case. You can easily sense probable Truth by examining dates and reflecting over gaps between the dates.


Haresh Raichura
13th May,2012

Narendra Modi (2) Understanding Four Reasons for Increasing Popularity of Narendra Modi

Disclaimer first: I am neither Pro-Narendra Modi nor Anti-Narendra Modi. This article is not pre-planned. Just few thoughts came yesterday night, and I am writing them down.

"Psychology of Mass" is a special science subject. What becomes popular and what becomes unpopular to masses is the subject of this science. In foreign countries, those who are more expert in this, are hired to advise politicians on how to Manipulate Mass Likes and Dislikes!


Commercial people seek help of such experts to make their products popular. But most probably in India, politicians go about this by seeking help of "Media Experts" and "Media Managers"

I think this is an error of our Politicians if they are not consulting "Mass Psychology Experts"

Increasing popularity of Narendra Modi has become an example of failure of Mass Media Experts

Some national Channels and national newspapers are not missing a single opportunity to defame Modi. And yet his popularity is increasing day by day. Youth have started worshipping him as Saviour and icon.

Why so? In foreign countries, regular surveys are made to gauge popularity of political leaders. Here, we see such survey only in Pre-Election times,.....and the surveys often look like paid surveys.

Therefore what?

Since there is no objective analysis of popularity of Narendra Modi, every one is free to draw his own inferences about his popularity. Following are some of my own speculations.

1) He projected Newton's Third Law; Action and Reactions are equal. If you damage me, you will also suffer damage proportionately. Youth which was being taught about non-violence, suddenly liked this. (Rightly or Wrongly)

2) He said, 'Not Mahatma Gandhi, Follow Sardar Vallabhbhai Patel, the iron man'.

Now, whenever you advocate iron men of history, and start following them, you become popular with masses. Maragaret Thatcher, Indira Gandhi etc many leaders gained mass popularity by projecting and acting as "Iron man or iron lady". (Opposite example: Those who advocate Mahatma Gandhiji, soon become unpopular among masses!!)

3) A larger "I" :

So far as I am concerned, when I speak about "I" and "My", it means I am talking about me or my family. Modi enlarged meaning of his "I". He said, 'Whenever I am speaking about "I" or "My", I am speaking about my six crore Gujarati. If you will insult Gujarati, it will amount to My Insult"

Now pause here for a moment, how many of our national leaders speak like this? How many of them have expressed "feeling of hurt" when any Indian is insulted abroad? Do they express shock when any Indian youth is hurt abroad? Do they publicly say that "I" means "Me and My 1.21 billion Indians"...?

4) The more Media Managers hurt him, the more popular he becomes.

The media managers fail to see that 2002 riot is a stale banana. People will turn away if you keep serving it to them again and again. Remember Law of Diminishing Returns?

There can be a lot more to write on this. There can be extremely opposite views on what I have said above.

But, I wish to underline only this much,

"Mass Psychology is a Science of Studying Likes and Dislikes of people, and our very few political leaders understand value of this science".

Haresh Raichura

13th May,2012

Legal Remedies (3) How to Use Camera in Mobile To Upload Corrupt and Inefficient Public Servants?

If you publish anything for Public Good, you are protected against laws of Defamation. Suppose you have seen any public servant or a traffic police officer taking bribe. You recorded scene on camera of your mobile. Now you want to upload it on You Tube. Is it permissible? Can anyone trouble you by saying that you defamed him?

My answer is: 

If you are reporting anything to public, 

so as to guard and protect public 

against similar other instances in future, 

then you are protected by Exception to Sec.500 of IPC. 

The Case of Defamation deserves to be dismissed.

If you defame someone, he can certainly file a complaint under Sec.500 of IPC against you. But if you can show to the court that you are covered under Exceptions of Sec.500 of IPC, the case will be dismissed. 

Just as Journalists are not bound to disclose source from where they got news, in some circumstances, you can also seek same privilege.

But these are all new areas of laws. You need to consult a lawyer. You should not take any action based on this article which is only for spreading information.

Haresh Raichura

12th May,2012

Why 'BAD MAN' in India DO NOT FEAR Courts of Law?

A twitter friend @hindu_rashtra asked if there is no quicker way to punish so many Scam Accused? I think a way is there. Aamir Khan is trying to take up that way with Chief Minister of Rajsthan. Chief Minister of Rajsthan is trying to take up issue with Chief Justice of Rajsthan High Court.

The way is to "Set up Special Courts for Special Crimes".

But First Let Us Try To Understand, "Why BAD MAN in India Do Not Fear Courts of India?

When a GOOD MAN comes to me and asks, "What is law?", he means to say, "I have a sense of duty to obey law, so I want to know law. What am I supposed to do and what am I not supposed to do, that is all what I want to know."

When a BAD MAN comes to me and asks, "What is law?". he is in fact wants to know something else. He wants to know "What disagreeable consequences..... may happen to me.... if I break this law? and ....When and after how many years.....these consequences may happen to me? Is there a way or possibility...... that I may be able to beat the system of Law?"

If I say that investigation will take 40 Years and trial will go on for 40 years, he will not be worried about law. If I give right answers to him, he will not fear laws or courts and will break the law tomorrow.

It does not matter to BAD MAN what speeches are being given by Judges and leaders of the country. He is not concerned with what is happening in other cases.

The only thing which can deter him From Doing Evil Thing is, Real and Immediate Danger that Court will put him behind the bar immediately.

Setting Up Special Courts For Special Types of Cases

That is what Aamir Khan is trying to persuade Chief Minister of Rajsthan. Set up a special court to deal with girl-child-killing-in-womb offences. The Government in Consultation with Chief Justice of a High Court can set up Special Courts for Special Cases.

Suppose a public servant, comes to me and asks, "What can law do to me if I commit a scam of 1000 Crores?"

If I can tell him that there are Special Courts to deal with Scams of more than 100 Crores, and judges are waiting for cases to come, and he may get punished in one year, plus all his properties in India and abroad may be confiscate by Government, then he may reconsider. This may deter him.

But if he will not see any Immediate and Real Danger, he may go ahead with crime.

Haresh Raichura

12th May,2012

PS. 40 Years ago, someone threw a grenade bomb at Car of Chief Justice of India. If I am not wrong, trial is still pending.

How Janlokpal Bill violates Basic Structure Theory of Costitution?

I derive strength to say this from Silence of Justice Hegde. He was party to Janlokpal Bill Drafting Committee. I think he knows that the Janlokpal Bill violates Basic Structure of Constitution. But his view must have been vetoed out by others.

What is Basic Structure?

It means many things to many people. But you can say that it is skeleton of the Constitution. If it is removed, the Constitution and Rule of Law collapses.

Here, for purpose of this article, Basic Structure means:

Powers of Supreme Courts and High Courts to review and cancel any order of any authority, howsoever high it may be. (Even if President of India... or any high office you may create in future)

Understand the Implications of this point.

By passing Janlokpal bill you will bring all Judges of Supreme Court and High Court under Lokpal.

Tomorrow Lokpal will receive a complaint against a High Court judge and He will issues judge notice about it.

And the next day, High Court will direct Lokpal to appear in person with record of all complaints decided by him in last six months. Lokpal will have to appear in person before High Court.

High Court will start cancelling all his decisions one by one, on one ground or other, and will ask him to reconsider and report back on next date.

There is no way any JanLokpal, howsoever High he may be, to refuse to obey High Courts.

A crisis will happen. Janlokpal will collapse.

Haresh Raichura

12th May,2012

What Is Illegal About Janlokpal Bill ? Why it will be stayed by Supreme Court, even if passed by Parliament?

No one will answer these questions. Because no one wants to argue with people who do not want to listen. Justice Santosh Hegde has distanced himself from Draft of Janlokpal bill prepared by Team. Because he is a former Judge of SC. He knows that certain provisions of Janlokpal Bill are violating 'Basic Structure Theory" and Art.13 of the Constitution of India.

So even if Parliament with 100% majority passes the Janlokpal Bill, next day, the Act will be stayed by Supreme Court as violating of Article 13 of Constitution of India and violating Basic Structure Theory.

Apart from Team, do you see any Senior Advocate of Country speaking in Support of Janlokpal Bill?

Do you see any Senior Advocate speaking against legality of Janlokpal bill? Some wanted to speak, but then they realized futility of arguing with people who did not want to listen. They become silent.

Following are names of some of Top Lawyers of India who have huge influence on people. If they say that Janlokpal Bill is a valid and legal bill, people will believe. (But at present these lawyers are silent for the fear of being misunderstood as supporters of Corruption)

Fali Nariman, Harish Salve, P.P.Rao, Gopal Subramaniam, Askok Desai. Dushyant Dave or any other prominent Senior advocates.

If any of these prominent senior advocates of India, will endorse Janlokpal Bill as valid and legal bill, people will accept their views. But why they are not endorsing the Bill? Are they all against anti-corruption movement?

A twitter friend, yesterday tweeted, "We want nothing else except Janlokpal Bill."

Neither Justice Hegde, nor anyone else in country wants to weaken the Anti Corruption Tempo of People which is indeed forcing Government to take steps.

But those who blindly propagate for Janlokpal bill and are taking inflexible stand, should listen to the "Silence" of Justice Hegde and Other Legal Luminaries of Country. All the Legal Luminaries of Country are not corrupt.

Ability to listen a counter point, requires ability to listen to disagreeables. You must first give permission to others to speak against your views.

Haresh Raichura
12th May,2012

How Murders of RTI Activists are Planned, Designed And Executed

I am not talking about any specific murder of any specific RTI Activist. Lawyers and Judges everyday deal with Criminal Appeals arising form murders. Side by side we also learn "How a Person Can be Murdered in open day light, in presence of witnesses, and the criminal can still remain out of clutches of Law".


Scan your own memories of murders of RTI Activists in last 5 years. Have real culprits ever brought under the clutches of law? They cannot be. These are planned murders. It is good if some one is convicted. But I don't really recall.

Now again scan your memories of such murders. Do you see any patterns ?

There are patterns. And thousands of Lawyers and Judges are aware about these patterns.

For one thing, you may see a gap between time of Death and time of registering FIR (First Registration of Crime Information). You will begin to see more things if you will start comparing news reports of various mysterious murders. Not much skill is needed. Just becoming aware is enough. And if you yourself are a RTI Activist, it may be a good idea to study news reports of few RTI Activists deaths. Becoming aware is always good.

There is little which a lawyer or a judge can do to plug these loopholes in law. There is little which Central Government can do. Police Reforms is State subject. Each State has to plug loopholes and implement police reforms..We can only hope that Supreme Court will do something.

This blog is hardly a place to discuss these patterns. It may do more harm than good. It may serve some purpose if such things are discussed before a Commission for Suggesting Police Reforms. Otherwise it is useless to discuss this issue.

And after all what who reads our blogs? Who reads our tweets? Does anyone here really can bother about anyone else?

Haresh Raichura
11th May, 2012

Ganddhiji (3) Original Autobiography of Gandhiji is Lost in Translation

This is my personal lone voice. I have read original Gujarati Autobiography of Gandhiji. I have also read its Official English version. The translation is stated to have been approved by Gandhiji. But this does not mean that it is a translation-with-true-spirit of original version.

In my view, original Gujarati Autobiography is hilariously humorous and full of sweet satire. These flavours are missing in translation. Now that copyright is ended, I hope that some better translation will be made be someone to capture original flavours of Autobiography of Gandhiji.


Imagine the loss. Hundreds of authors have written books based on their reading of Official English Version of autobiography. They have missed the true Gandhiji's spirit reflected in Gujarati original autobiography!


Haresh Raichura
11th May,2012 

Legal Remedies (5) How to Complain Against lack of impartiality in TV Channel programmes?

"Impartial Reporting" is a new concept. Many journalists consider this as their religion. But some journalists are often compelled by TV Channel Owners to broadcast BIASED reporting, particularly at times of election. Lot of Biased TV Reporting is bound to happen between 2012 to 2014. Do people have any remedy against such biased TV REPORTING?

My answer is: Yes. They have remedy. After going to Broadcasting Authority of India, they can also go to High Court and Supreme Court

THE PROCESS

You will find a lot of information on website of Broadcasting Authority. You will also find a number of decisions where actions have been taken on various grounds against TV Channels like Times Now, AajTak, Sakhi TV etc.

Time Limit

Within 7 Days of TV Broadcast, you must complain to Channel at their given address on the Website for such complaints. You have to give 7 days time to respond. Thereafter, within 14 days, complaint has to be presented in Office of Authority.

Who Can File Complaint?

Website says,"Aggrieved Person" can file complaint. In my view, when complaint is about "Impartiality" of a TV Channel or Programme, every viewer is an "aggrieved person" and every viewer can file complaint. The Authority has taken even SUO MOTU (On its own) complaints. So this should not be a problem. But you must write in your complaint that you are an "Aggrieved Person" and should show how and why you are aggrieved.

Is There Any Hope That The Authority will Take Action against Mega Channels?

People are very depressed. They are losing faith in every system. But here, on this website, decisions are reported that actions have been taken against mega channels. So one must have faith. Secondly, you can go to High Court and Supreme Court with better chances to succeed, if you have first approached this Authority. Thirdly, Chairman of Authority is Former Chief Justice Of India J.S.Verma. So the authority inspires confidence.

How To Prove "Impartiality"?

First understand how they do "Biased Reporting" which is more in favour of One Party and more against Second Party.

They select tit-bits of true information from here and there and present in such a way that overall information projection is Biased and Unfair to one party.

You can also do the same thing. Collect tit-bits of true broadcasts by Channel and present them in such a way that "In Overall View of matter, it looks that the Channel is Biased and Impartial. Then let the Authority decide.

This is only a short article. You need to go to and study website of Authority, when you are serious about filing complaint.

Haresh Raichura

11th May,2012

Blackmailing of Coalition Governments - Implications of Supreme Court Judgement in D. Sudhakar Case

If India will not switch over to Two National Political Party System, its democracy is in peril. The implications of D. Sudhakar Case Judgement of Supreme Court are clear.

A candidate who is Elected as Independent, can ditch coalition government ANY DAY. In Coalition Government, he may have been appointed a Minister in return for his support, but so what? He can ditch and break Coalition Government ANY DAY. He will incur no disqualification. He has nothing to fear.

This is what I can understand from the judgement.

The message is clear. Even if a national political party has to take Support of Only One Independent Candidate, that Independent Candidate will have power to sign death warrant of Ruling Government ANY DAY.

Too much power in one Independent Candidate.

Haresh Raichura
10th May,2012

D. Sudhakar & Ors Versus D.N. Jeevaraju & Ors (Dated 25-01-2012)

For Job Searching Youth:- Do You Want to do Lawyer-Like Job? Even without law degree? Be a Para Legal

If you are searching job and if you have desire to do lawyer-like job, this article may be a pointer.

Be a Para Legal. Supreme Court wants that large number of youth should be given training in para-legal work and they should assist lawyers and litigants. In short, Supreme Court wants to create a Job of Para Legals in India.

Para-Legals do not need to have a degree in law. And they can earn handsomely!

Para Legal jobs are already in foreign countries. Supreme Court wants to bring this system in India.

What you will need to do to become a para-legal?

There are Three Roads. You can take one or all the three.

1) Find out everything about Supreme Court and Legal Aid Committe's para legal training programmes. And then do whatever is required to be done to get certificate. It will be on Google search and also on Supreme Court Website. ...So far as I am concerned, I only know that this is going on since 2008. You need to find out details.

2) Chief Justice of India Mr.Justice S.H.Kapadia Marg:- He joined as a page boy in a lawyer's office. While serving tea to lawyers in office and while giving them books and files, he passed law degree. Then he practised as a lawyer. And then he became Chief Justice of India also.

3) Nevil Shute's Marg;- In one of his novel, he describes a boy. There was a circus in village. The boy used to go everyday morning at circus site and he used pick up waste papers and clutters thrown by people, and he used to put them in dustbin. One day, manager of circus saw him. He offered him a job in circus. Later, the boy became Owner of Circus. 

The point is, where there is Will, there is a Way.

Haresh Raichura

10th May,2012

Who Can Seek Justice From Supreme Court merely by writing an inland letter?

In Supreme Court, there is a PIL Cell where letters addressed to Supreme Court and Judges are examined. Many of them are simply filed without even acknowledging but actions are taken on some letters. Guidelines are framed. The Guidelines are also available on Internet.

Some Instances:

1) Bonded Labourers. (If you see that any person is kept as a bonded labourer/child labourer etc. You can drop a letter to Supreme Court, Registrar, PIL Cell giving details and relevant addresses. You should however first consider risk from anti-socials. If SC takes actions, backlash may hit you. It will not be difficult for antisocial to hit back at you. At that time, it will be difficult for SC to help you too)

2) A prisoner from Jail can write a letter to SC against any kind of torture in jail and if he is not being released though he may have completed 14 Years in Jail.

3) Neglected Children

4) Harassment by Police or death in Police Custody

5) Atrocities being meted out to any woman

6) Disputes between villagers of two villages and inaction of police

7) Environmental pollution caused by any industry., Maintenance of ancient Monuments etc/ 

8) Riot victims  

9) Family Pension

These are some examples. SC office may write to authorities. They may send your letter  to High Court. Or they may place matter before Court for treating it a SUO MOTTO petition.

Or, they may just FILE your letter without taking any action.

You can read guidelines on internet "Compilation of Guidelines To Be Followed For Entertaining Letters/Petitions Received in Supreme Court"

Now that new technologies have come, you can also enclose a video CD with your letter if you want. 

(Probably, all High Courts also have such PIL Cells. They may also have published their guidelines on net. You can write to High Courts also.)

Haresh Raichura

10th May, 2012

Case of man who fought for 42 years, upto his death against Morvi Municipality under #GujaratHighCourt

A small employee named J.N.Ganatra at Rajkot died on 30th April,2012. He was wrongfully dismissed by Morvi Municipality on 1-12-1970. He fought for 26 years and in 1996, Supreme Court decreed suit in his favour. Few days ago, he had told me on phone that he has been paid some amount but some amount is still not been paid under Supreme Court Decree and his execution application is still pending in Morvi Civil court. For 42 years, upto his death, he kept insisting for justice.

I see that a number of employees are dragged upto Supreme Court by Municipality and large fees are paid to lawyers by Municipality.

Even after judgements of Supreme Court, Municipality keeps fighting with employee. Five other employees named J.L.Pandya and others have filed application in Supreme Court that Municipality is dragging them in court battles and is not paying them dues. These people are about 73 Years old and they are still fighting for justice against Morvi Municipality.

I wonder why Morvi Municipality is doing this to its employees?

Haresh Raichura

10th May,2012

Reference of case of J.N.Ganatra

J.N. Ganatra vs Morvi Municipality, Morvi on 19 July, 1996

Equivalent citations: JT 1996 (6), 661 1996 SCALE (5)375

Legal Remedies (7) How to file a complaint against print media? It is not difficult.

If any time you want to complain against any Print Media, here are some tips.

When you can think about filing complaint?

If you see any news, cartoon,pictures, photographs, strips or advertisement which hurts your feelings, you may check whether it falls within any of the Norms Of Journalistic Conduct prescribed on Website. If it violates such norms, you can complain.

For example: Clause (3) ( XV) relating to Public Interest and Public Bodies; is as under:

"Newspapers should refrain from barbed, stinging and pungent language and ironical/satirical  style of comment."

Who can file complaint?

Anyone.     

What to do first?

First write to Editor of Newspaper, weekly etc. In your notice say that particular item has violated norms prescribed by Press Council of India. Ask why you should not file complaint with Press Council of India?

Await its reply for few days.

Then send complaint to Press Council of  India, along with copy of previous notice sent by you to editor. If Editor has replied, enclose copy of reply also.

Within what time complaint is to be filed.

(i) Dailies, News agencies and Weeklies  … within 2 months 

(ii) In all other cases                                      within 4 months 

Address of Press Council of India

The Secretary, Press Council of India, Soochna Bhavan, 8-C.G.O. Complex, Lodhi Road, New Delhi-110003 

Emails : pcibpp@gmail.com, pcimeetings@gmail.com,pcibppcomplaint@gmail.com,    pcibpplevy @gmail.com ,  pcibpplib @gmail.com, pcibppeditorial @gmail.com,pcibppaccount @gmail.com, pcibpphindi@gmail.com, pcibppadmin@gmail.com, pcibppds @gmail.com

For more details, when you really want to file complaint, you can go to website of Press Council of India and check it out.

Haresh Raichura

8th May,2012

Difference between "Constructive Tweets" and "Destructive Tweets"

Destructive tweets are like "Throwing stones at people who may be far away from you". You can keep throwing as many as stones you can. It disintegrates and divides. There is a reckless discharge of force behind such tweets.

Constructive tweets are different. They join people. Multiply their strength. Something is accomplished.

Assume that you are on a ship called "India". The ship is in the mid sea. The command of the ship is in hands of some few people who are finding it difficult to keep ship stable in the storm. And on the board of ship also there are quarrels. There are also some pirates on the board of ship.

Now every tweet that makes this ship more unstable, is a self-destructive tweet. Every tweet that leads to expunge a pirate, or calm down a quarrel on board is a constructive tweet.

Loot-mar on the board of ship is an issue. But more important issue is to keep the ship stable in stormy international waters.

Haresh Raichura
8th April, 2012

Plea-Bargaining-in-Criminal Cases is permitted in India since 2005. #GoodLaws

These are called Pre-Bargaining-Proceedings. They are permissible in India since 2005 ,in crimes where maximum punishment is Seven Years. (And Crime is not a Socio-economic crime or about a girl below age of 14 years).

Plea-Bargaining-in-Criminal Cases is something like this. Before the case begins, an accused makes an application to Judge, and says, "If you are willing to let me go with one or two years punishment or with warning only, I am willing to admit my crime. I am also willing to pay some amount cash to family of person to whom I have beaten. I also promise to not to do such thing in future."

The Judge hears this application in Camera. No press publicity. Victim of Crime is also heard. Attempts are made to reconcile grievances of parties.  Orders are passed accordingly. This saves time of court. This pays something to victim. And instead of facing punishment of SEVEN years, accused can walk out in one or two years. And sometime he can walk out with just warning. It helps all. Everyone is happy.

And if compromise does not take place, case go on as usual, as if nothing has happened.

These are called Pre-Bargaining-Proceedings. They are permissible since 2005 in India in crimes where maximum punishment is Seven Years. (And Crime is not a Socio-economic crime or about a girl below age of 14 years). 

These Plea Bargaining Proceedings are under Sec.265B etc of CR.PC.

Haresh Raichura
8th June, 2012

Why should Members of Parliament come to ague private party cases in Supreme Court? Shouldn't they concentrate more on their public duties in Parliament?

Yesterday I saw a member of Parliament, who is also a senior advocate, came to argue a matter in Supreme Court.

He was aggressive. He was arguing less and was throwing his weight, as an MP more on Judges. The judges were also feeling uncomfortable.

The clients of other side of case were feeling nervous. Will they get fair justice when a Member of Parliament has come to fight against them?

Hence, this question has come to my mind. Will they let go their salary of MP for one day whenever they come to fight for a Private Party in Supreme Court?

Why should Members of Parliament come to ague private party cases in Supreme Court? Shouldn't they concentrate more on their public duties in Parliament?

Haresh Raichura
8th May,2012

Secrets of TV Debates -Shows, Live Shows

If you are regularly watching Prime Time TV Debate Live shows, this article is may to discourage you.

And even if you may be watching such shows, this article may make you aware about certain silent "Secret Statements" now and then being inserted during such shows.

A twitter friend @kannaniyyer yesterday asked me to write something about these so called "Expert Debates" going on whole day in TV. Hence I am tempted to write this.

Some Views

1) Justice Katju. He said 90% Indian are fools. Perhaps what he wanted say was this that "90% of us need a little training in Critical Thinking."  If we ask him about such TV Debates, he may perhaps say that "Many people who watch such TV Debates are fools" This is just my imagination about what he may say.

2) View of A Lawyer friend.:  He said that TV Debate Anchors, treat participants of debate as 'Cows". The Anchor will start throwing grass to these experts, will make provocative statements and they will start chewing these statements. And within few minutes, all people who will be watching TV Show, will start chewing the same statements. Our brain will start thinking and certain wrong facts may start entering in our mind.


That is what TV Show Maker want. They want you keep chewing wrong ideas so that you do not get time to think about right issues.

PLAYING TO TEMPO OF VIEWERS

In TV Debate Shows, no debate is going on. There are no rules of debate. A statement is made and then everyone is free to sing his own song.

Two OR five persons holding extremely opposite views are pitted together. They immediately start quarrelling and shouting at each other and cutting one another in midway. This catches eye-balls of viewers, which increases TRP of a TV channel.

This is all that counts. 

You may like to believe that arguments and national debate on TV Channel are good for country. But here, we must be aware that the aim of TV channel is not to have a logical and sound debate. The Aim of show is to leave debates incomplete, to stir up your minds and to make you believe that you have become more informed by watching this debate. And they hope that next day you will come again to watch similar debate.

That is all they want.

All participants of debate  and TV Anchors, are only interested in conveying certain overall image. They are not interested in Debate.

SECRET STATEMENTS

You will notice now and then , the Anchor is inserting statements which are only intended to be heard by some specific audience. For example, his bosses or owners of channels may be watching show. PMO may be watching show. So certain statements are inserted to be heard by such people.

Same way representative of political parties are inserting certain statement, intended to be heard by certain specific political bosses.

Here, I see no debates.

Just keep watching. But also keep your mind open to what you are watching on screen. Do not assume that those who are participating in debates are any expert on any issue. Look for evidence.

Haresh Raichura

8th April,2012

A Giant Step To Remove Corruption from Judges of High Court and Supreme Court

How many lawyers in India are informing you about laws which are being passed by Parliament? Once such laws are passed, it takes years to correct them. Why Courts as well as Lawyers are watching passively when bad laws are being passed by Parliament? Ask this to some of your lawyer or judge friend.

A GIANT STEP TO REMOVE CORRUPTION IN HIGHER JUDICIARY


In 65 Years in history, the FIRST TIME, parliament has taken a giant step to remove Corruption from Higher Judiciary i.e. Supreme Court and High Courts.

Has anyone told you about this? Well, the Bill is already passed by Loksabha and is about to pass in Rajyashabha. Name of Bill is The Judicial Standards And Accountability Bill, 2012

What is so great about it? Didn't few activists slammed down this bill as eyewash and bogus few days ago?

Yesterday, I went through the Bill which is on internet. I think this bill is not an eyewash. It is not a bogus bill. It is a giant step to remove corruption from Higher Judiciary.

Why I say this ?

1) You can file complaint against any judge or chief justice of any High Court or Supreme Court, even against Chief Justice of India.., and at the same time you can request that your name may be kept confidential. Even the Judge against whom you complain, will not know that it is YOU who have made complaint. Isn't this a great step? In case you have any fears against the judge, you will be also given protection. (Sec.40).

What more you want? No need to fear Contempt of Court. I think large number of Fighter-Type Lawyers will come forward to file complaints.

2) Relatives of Judges were making corruption by charging a Lakh or more rupees just for filing vaklatnama in Court of their relative. Because as soon as their Vakalatnam comes, the judge transfers the case to other courts. So those who want that this judge should not hear their case, were engaging their relatives so as to change court indirectly. Now, it is not possible. (Sec.3(2)c)

3) And there are 100 such prohibitions on Judges of HC and SC. If you see any corrupt or inefficient judge, just file complaint. It will be investigated. If necessary special team of CBI officers will be set up to investigate corruption. Prosecution, Warnings, punishments including removal recommendations shall follow if judge is found guilty.

I have gone through various more provisions. I am amazed by the clarity of this provisions. Nothing is left out which has any chances to make a judge corrupt.

Power to set up a special Investigation teams against the corrupt judge is also there.

In my view, once this Act is passed, it will be a model law for other countries of world also.

Mere power in YOUR HANDS to file a complaint against any Judge of High Court or Supreme Court, without disclosing your name, itself is a Giant Step to remove corruption from higher judiciary. Your complaint will be indexed. Process against the judge will start. This itself is a weapon in hand of every citizen

Just wait till law is passed by Rajya Sabha and notified by President. Large number of complaints will be filed against HC and SC Judges.

You can read whole text of Bill on internet. We should be thankful to people who made this Bill possible.

Haresh Raichura

7th April, 2012

No Law Degree Required: You can file cases before consumer courts for yourself and for consumers

Lawyers or a Degree in Law not necessary for arguing cases in consumer courts. If you are an activist, you can also file cases on behalf other consumers and argue their cases also. You may need a power of attorney from a consumer and you must comply with special rules of consumer forums which may have been prescribed for non lawyers to practice in consumer forums.

Supreme Court has clarified this. The Consumer Forums have rules. Check out these rules by visiting consumer forum.  If you comply with these rules, you are entitled to argue cases for yourself and for others also even if you may not have degree in law.

Check websites of Consumer Courts for more details.

Haresh Raichura
6/May/2012