Instances of Abuse of Law against Psychiatrists and Doctors #Law #India

Some cases came to my notice where doctors are being unnecessary troubled. I think it is responsibility of Medical Associations or medical fraternity to obtain clear guidelines from High Courts or from Supreme Court.

Background

Treatment records are maintained in private and public hospitals where a patient may have been taking treatments. If evidence is required, the Court can issue summons to Doctors under Sec.91 of Cr PC to produce record in Court.

But as per Medical Norms, consulting physicians and doctors are not required to maintain records of treatments. It is impossible for them to do.

The present practice is such that, they write symptoms, complaints, history and medicine on a paper. Thereafter, this prescription is handed over to patients.

The Doctors are not required to maintain records of treatment.

Instances of Abuse of Law against Doctors and Psychiatrists

In Divorce cases, sometimes a husband or wife wants to prove that spouse was mentally ill. To prove this, they apply to court to issue summons under Sec.91 to Doctor or psychiatrist to appear in court with record of treatment of spouse.

The court, sometimes unaware that such private doctors are not required to keep records of treatment, issues summons to Doctor or psychiatrist, directing them to come with past treatment records. Sometimes case may be in one State, and Doctor may be in another State. This produces great inconvenience to such doctors.

It may not be possible for a private doctor to appear except with great inconvenience and costs. If he does not appear, warrants are issued through police to procure his presence in court and to reply to Sec.91 application.

CONCLUSION

It is desired that some guidelines in some cases are obtained from High Court or from Supreme Court to remove inconveniences to doctors.

Haresh Raichura
1/1/2014

When Justice S J Mukhopadhyay was a lawyer

At presently he is a judge in Supreme Court.

Many years ago, when he was a young lawyer, he had a case before a Division Bench in a High Court.

Judges had read the case in advance. Both the judges pointed out to this young lawyer that his case was hopeless and there was no arguable point in his case.

The young lawyer humbly pleaded that he thought that his case was good and he prayed to them to give him 15 minutes to make out his case.

Judges said Ok.

He started placing his case. Judges began to put cross questions to him. He began to answer by pointing at relevant evidences.

The arguments went on for 3 days in place of 15 minutes which were originally given.

Finally he won the case.

The judges were impressed by his presentation and preparation.

He was called to become a judge of high court within few months of this incident.

Presently, he is a judge in Supreme Court. He is considered by lawyers as one of the best judges of Supreme Court.

I heard this story from a Senior Advocate in Supreme Court.

Moral of Story: Good Preparation and Good Presentation of a case have vital impact on career of a young lawyer.

Car accident Experience - Driver ran away leaving it on me to face music of negligent driving case.

Once I had a car accident. Driver was driving the car. We were returning to home after work was over in Supreme Court.

The break failed. Car rammed in the car moving in front.

Next moment, my driver opened door and disappeared.

The owner in front car came out and started shouting at me.

I said, break had failed. I showed willingness to pay for whatever damages his car may have suffered.

The man was furious. He insisted on making a police case. Policeman came. He listened to both of us.

The police felt my offer to compensate whatever damage his car may have suffered was reasonable.

He calmed down the shouting man and reasoned with him by saying, that " this looks like a case of accident and this man is a lawyer. It is a daily routine for him to go in court. Whereas you will be tired of attending court on every date if case is made".

That man understood. I gave him my address card so that he can collect the damages.

After dispute was over, I drove the car and found my driver sitting ahead at some distance on road and waiting.

I asked him why he had ran away. I was angry.

He said it was a question of his life and death. His license could be cancelled. He could lose his livelihood. His family could have been destroyed if case was made.

I understood.

This incident happened more than 15 years ago.

That driver is still with me.

Four Layers of Advocate - Lawyers in Supreme Court in India

1) The lawyers who have minimum 5 years of experience ( 4 + One Year of Training) and who have passed a special examination of Supreme Court. They are registered on special roll of Supreme Court. Each of them is assigned a code number. They have exclusive privilege of filing cases and Vakalatnama (Power to represent client in Supreme Court). No other advocate can file cases in Supreme Court. They are called Advocate on Record in Supreme Court. Their list is available on website of Supreme Court.

2) Senior Advocates. Each High Court and Supreme Court has power to Designate an Advocate as Senior Advocate. Once an advocate is designate as senior advocate, he cannot file Vakalatnama in any court in India. He cannot argue in any court unless he is also assisted and instructed by other advocate. He cannot draft matters or any kind of documentation for any clients. He cannot receive direct phone calls from clients. He is supposed to maintain aloofness, detachment with cases , objectivity in arguments and certain higher degree of dignity in his day to day behaviour in personal life as well as in Court Life. They are supposed to Lead High Standards of Legal Profession by being an ideal role model for other advocates. The roll of Senior Advocates who are designated by Supreme Court, is found on website of Supreme Court.

Judges of various High Courts, after their retirement in High Court, come to practice in Supreme Court. They are usually, normally designated as Senior Advocate by Supreme Court. The High Court judges who may have some tainted reputation during their tenure, are often denied Designation of Senior Advocate by Supreme Court.

3) Advocates who are practising and arguing mainly in Supreme Court and are based in Delhi, but they are neither advocates on record nor senior advocates nor advocates in next 4th layer advocates. From the first day of their enrollment, they can practice in Supreme Court. No minimum experience is prescribed for them for arguing in Supreme Court.

4) The fourth layer advocates are those who are practising mainly in other courts all over India, but they occasionally come to Supreme Court to argue cases. No minimum experience is prescribed for them for arguing cases in Supreme Court.

All advocates in layer 2, 3 and 4 need an authority from Advocate on Record (1st Layer) before they can argue any case in Supreme Court.

Undertakings to any High Court to not to file appeal in Supreme Court is not valid

The litigants in High Courts are often confused.

After they have lost in High Court, they have constitutional right to approach Supreme Court by way of appeal under Art.136

Sometimes, the circumstances are such that they are ill advised to file undertaking before High Court that they will not file appeal in Supreme Court.

Legality of such undertaking was debated in Supreme Court in P. R. Deshpande case in 1998 by a Bench presided by Hon'ble Justice K. T. Thomas.

Supreme Court held that everyone has Constitutional right given under Art.136 to approach Supreme Court. Such right does not go away by such undertaking.

Prosecution of Public Servants - Is sanction of a government necessary or not #Law #India

The latest law on the subject appears to be :

1) Sanction under Sec 197 of Cr. P. C. is necessary mandatory where government servant could not have been removed from post with sanction of a authority prescribed under rules. Case: Fakhruzamma, Supreme Court, Date 12/12/2013

2) Sanction under Sec 19 of Prevention of Corruption Act is also mandatory, if such objection is taken at earliest point of time. After trial has progressed considerably, such technical objection is not considered strong enough by courts to drop proceedings.

Retail Cloth Showrooms on Bicycles- They are still seen in Delhi As well as in many cities and villages of India.

Every morning they load some clothes on a bicycle.

And their mobile shop is open. They go to small colonies and streets to sell clothes loaded on their bicycle.

This is how they earn their daily bread.

The noteworthy thing is their courage to meet challenges of survival.

Poor they may be. But lazy they are not.

Psychological thinking of Man or Woman who commit suicide due to problems in married life

Man and woman who have strained married life may be well advised to consult psychiatrist also.

Because depression causes chemical imbalance in brain which may lead to suicidal thinking.

Once thinking is disturbed, they think somewhat like this.

Man: It does not Matter even if I have to die for that. But I'll make sure that you become a widow and be condemned by Society and your relatives for emotional torture you have given.

Woman also thinks in same way. Her aim in being suicidal is to free herself from unbearable emotional pain and to ensure that husband is condemned after her suicide.

Such thoughts require earliest medical attention.

Youth thinks that Real life is as seen in Bollywood movies - There are two other equally Rightviews

Youth thinks that real life is as shown in Bollywood movies and in Hollywood movies.

They are right.

The aged people, having experience based wisdom, say that life is neither like Hollywood movies, nor like Bollywood movies.

They are also right.

There are some people who have a third views.

They say that we feel "Entertained" when we see something which is not real. Therefore things shown in entertainment industry cannot be real.

They are also right.

You have to select one of these three views as right view.

This is also right.

Honest Public Servants can also ask Anti Corruption police to trap and catch person trying to bribe them #Law #India

In India, under Prevention of Corruption Law, to give bribe or to attempt to give bribe to any public servant is also a crime.

If any public servant is being pestered by some person trying to bribe him, it is possible for him to inform anti corruption police by complaint.

Then, anti corruption police is required by law to lay a trap and to catch the bribe giver.

The law is there. It is for people to use provisions of law if they really want to fight corruption.

Protecting a Live in Couple - A recent Case - A problem in India

Law is not clearly defined in India for live in relationships. These are new social problems. Law has yet to catch up with them.

A recent case

Boy was 18 plus. Adult. But marriage age defined by law is 21. He cannot marry legally.

Girl was 22 plus. Adult. Marriage age defined is 18 for girls.

Strange situation.

She can legally marry boy but boy cannot legally marry her until he crosses 21 age.

The Problem.

They were in love since four years. Father of girl was forcing her to marry elsewhere. She left home. Started living with boy.

LEGAL TROUBLE

Father registered a complaint with police that girl was minor. The boy had kidnapped her. The idea of father was to get girl back by using police power and marry her off somewhere else and to put boy in jail.

The couple went into hiding. Father of boy came seeking legal help.

LEGAL STEPS TAKEN

A petition was filed in Supreme Court stating details, seeking help against abuse of police power. Directions were asked against police and against father of girl.

A FURTHER most important direction was sought:

In 2006 Supreme Court has issued directions to all police stations to protect inter caste love bird marriages. It was prayed that this directions may be further clarified to include live in relationships.

PROCESS:

A copy of petition was sent immediately to police station and to father of girls. Dispute got resolved within hours. It was not necessary to move further the petition filed in Supreme Court. The couple is today living happily.

But problem lingers on for such other couples in India.

AAP now needs people like Hanumanji - who can get things done

Workers of a Political party are of two types.

First type: They climb on the tallest tree and try to see in which direction their political party should move forward in jungle.

Second type : They are like Lord Hanumanji. They are indispensable to Lord Rama. They get things done. If necessary, they lift the whole mountain and bring it.

AAP party has now need of people like Lord Hanumanji who get things done.

Two foundational truths of Mahatma Gandhi - 1) King Harishchandra 2) 20 Stsnza of GITA

Many have analysed life of Mahatma Gandhi and volumes are written about him.

In my view, his foundational truths came in two phases.

First, when he was a child of about 4 to 5 years, when he saw a stage drama of story of King Hsrishchandra.

Second foundational truth came in college days when he came in touch with meanings of about 20 stanza of GITA

Story of King Harishandra is about a King who had taken vow to speak nothing and nothing but the whole truth. His vow puts him into troubles. He loses Kingdom. He and his family are sold as slaves. And yet he refuses to break his vow. In the end, the God becomes pleased with him and he emerges victorious and his Kingdom and family are restored.

Second foundational truth came when he understood about 20 Stanza of GITA during his college days.

Everyday, he recited and memorised these stanza from GITA.



The stanza mainly said

1) You are a soul. The soul is immortal. Births and deaths are like changing clothes for the soul. No weapon can kill the soul.

2) You have no right to claim outcome or reward of your action. Outcome of every action is result of inputs from several factors. You cannot claim sole ownership of outcome of your work.

Your job is to do your duty, you never have any rights on fruits of your action. The fruits of your actions belong to Eternity.

His life was centred around these two foundational truths.

Political Law: If you can help one million, you get back support from a hundred millions

Politics is about making difference in the lives of millions.

Something you do, individually or collectively, must support and make difference in lives of a million people.

Then, investment of your time and efforts, start paying returns. First people start becoming your fans. Then they become supporters. And finally they become your voters.

The return is much more than input. If you have been able to make difference in lives of one million people, a hundred million people can support you back. The supporters multiply on their own.

The people are like waves of a sea.

4 Step procedure of Anti Corruption Traps to catch a public servant red handed

To give bribe is also a crime.

But if bribe is given in collaboration with Anti-Corruption Police, then it is not a crime.

The following is the procedure :

Two things have to be proved.

1) Certain Public servant demanded bribe.
2) Bribe amount was recovered from public servant in presence of witnesses.

Four Step Procedure

First, the complaint is registered by Anti Corruption Branch of police.

Second, Currency note to be given are powdered with chemical and numbers are noted.

Third, A trap is laid, the public servant is caught red handed with amount of bribe.

Fourth, the case is sent to court for trial. Arrested public servant is sent to jail.

Importance of Rajghat in Indian Politics

Gandhiji was shot down in 1947. His memorial is Rajghat in Delhi.

Year after year, new Prime Minister or Chief Minister takes office, he visits first this place and bows his or her head in respect.

What was so great about this simple man called Gandhiji? Why he exalts his influence even after so many years after his death?

One answer could be : He made a decision to worship Truth as his God since his early childhood. Then year after year, his life was an experiment. Sticking to truth sometimes destroyed him. Sometimes made him.

But till his death, he tried to purify not only his actions, but also his thoughts on touchstone of Truth.

It is the power of Truth which people worship when they bow to Rajghat.

Suggestion to Follow Seth Godin's blog

I recently I followed Seth Godin's blog. I find his posts brief and to the points. His Updates can be read in one minute.

The language is simple, but not too simple, nor too complex.

The topics connected and looked refreshing. Giving new insights.

And if I already knew the topic, I found a new and refreshing way to look at what I was already knowing.

I found an App to follow his blog through AppStore. I am sure there must be some applications on Android and Google store.

Being good to others and being misunderstood

This happens usually when we try to be good to someone without any obvious reason or context.

As human beings, we live in a selfish world. So when someone tries to be good to us without any obvious reasons or context, we suspect his motives.

Thus misunderstanding happens. And person who may have extended his hands to help us, withdraws.

The solution is in belief that : There are many good natured people in world who help us on their own without any selfish motives.

If we accept such belief, it possible for to open ourselves to help from many unknown good people.

Seasons Greeting Card - An obsolete way of marketing

Seasons Greeting Card - An obsolete way of marketing

It seems seasons greetings are losing its seasons. Too many messages through social media, Twitter, Facebook, What's App, LinkedIn, etc. Too many come through SMS.

Anything which is too much loses its importance.

Greeting Cards made of paper are now less seen. Once paper greeting card makers like Archie's , Hallmark etc ruled market of seasons greeting.

This marketing weapon has perhaps become outdated because of its too much abuse for marketing purpose.

Truth can stay. Others can leave. The Speaker of Assembly of Thoughts said

In darkness of night, he lay awake.

He was watching gathering of thoughts in his mind. It was an assembly of his thoughts. The Assembly of thoughts was headed by a Speaker.

Then one Thought stood up and asked the gathering of Thoughts, "After Gandhiji, is there no one willing to search for truth?"

The Thoughts murmured, laughed and smiled. Spme joked.

At this juncture, The Speaker of Assembly of Thoughts decided to intervene.

He said,"Truth can stay. All others may leave."

The Assembly of Thoughts in his mind became silent.

He felt at peace within. He felt strength. His views on everything changed.

The Man of Standards

I remember many occasions when I have acted below standards.

But the fact that I am conscious that I have acted below, shows that somewhere in mind, standards are there. I am comparing my deviation with those standards.

Does this not prove that I am a man of standards?

Probably not. Knowing high standards is good. But not living up to those high standardseven when knowing those standards, is "Failure of a Man of Standards".

Some psychologists suggest, we should lower the bar of our standards, so that we can feel "Good Enough".

But the true pleasure lies in climbing a mountain and fixing flag at the top of mountain. True pleasures are in living up to the high standards which may have been set in our mind.

Truth can stay. Others can leave. He said

In darkness of night, he lay awake.

He was watching gathering of thoughts in his mind. It was an assembly of his thoughts.

Then one thought stood up and asked the gathering of thoughts, "After Gandhiji, is there no one willing to search for truth?"

Every thought murmured, laughed and smiled.

At this juncture, he decided to intervene.

He said,"Truth can stay. All others may leave."

The assembly of thoughts in his mind became silent.

He felt at peace within. He felt strength. His views on everything changed.

Truth is fine.

But everyone is not comfortable with it. So they lie. Disputes arise. Courts have to decide what is truth.

At at the end of day truth lives, falsehood dies. But the time period is uncertain.

There is one person with whom we should try to be always truthful. He is inside us. He will not scold us for being truthful. He will not disclose our truth to anyone.

He is our conscience.

He is our inner self.

Being truthful with our inner self brings us instant peace and strength.

Terms and Coditions - On interenet, we sign without reading - are they binding?

We download an application from internet. Upfront a screen comes up asking us to agree there "terms and conditions" , which include that they will change conditions any time and such future change will also bind us.

Are such conditions binding on us? If we refuse to agree, we are denied access to application. It means, we have to say Yes under coercion. We are forced to sign.

Do you think such conditions are legally valid and binding on you?

Whatever is your answer, you may be right. I am not sure.

I am not sure because the world of internet was unknown to makers of Contract laws when they framed this law. The law is developing everyday

The basic principle of a contract is this:

PARTIES TO AN AGREEMENT MUST BE AD IDEM WHILE SIGNING THE AGREEMENT.

It means both the parties must be knowing and agreeing at time of signing about what they are agreeing to. Then only such agreement can be binding.

Whether parties knew what they were signing or not, it is question fact which can only be determined by a court or an arbitrate authority.

There are cases in Indian Court where terms and conditions on website are held not binding unless they are specifically brought to notice of party.

There are cases in Indian courts where it has been held that terms conditions printed in fine prints are not binding unless they were explained to party

The basic idea is : Justice demands that parties are given explicit understanding of terms so as to cause a binding agreement

Famous and Rich often forget to plan their last years of life

Fame and Riches do not stay forever.

In their prime years, the famous and rich are squeezed out of their free time.

In later age, fame and riches fade away. It not unknown that many once famous and rich, pass their last years in abject poverty and isolation.

Often they are not able to compromise with reality when fame, name and riches have gone.

International laws: Not open to one country to impose its law on staff working in embassy of other countries

International laws are not based on any authority of one country over other country.

International laws are based on mutual agreements, reciprocity and in spirit of cooperation between countries.

One country has no right to impose its local laws on staff working in embassy of other countries.

There are crimes against humanity and there are crimes, which are not crime as such, but are declared crime by laws passed by local law making body.

Violation of crimes in second category of above cannot be treated as "Crime" for the purpose of International law.

US prosecutor has achieved one thing. Consulars of all countries liable to arrest for breach of local laws

After arrest of Indian Consular General in US over issue of payment of minimum wages to maids working inside embassies, a Pandora's box has opened.

India recently booked a consular general of an other country for sexual charges on basis of complaint of a woman. But India did not arrest him as yet.

But the things about immunity of Consular General and their staff have become muddy waters.

Innovation and good management in Politics #Delhi

Innovation and Good Management are making waves in politics in India.

Some people attribute these factors to few leaders. But if you will look closely, it is innovation coupled with good action management.

A revolutionary, thought makes wave in politics,but to make a change, the thought should be actionable and action should reach grounds before people forget announcement of this innovative idea.

Corruption has become difficult because of social media outbreaks

India is changing. The people are talking on Social media, making it difficult to hush up corruption cases. So ultimately, it is the Awakened citizens who are changing rule bioksv

Journey of a thoudand miles... should not stop after a couple of steps

Journey with a thousand miles begins with a small step.

But it often stops after few steps. We find that when we begin, we were not given full information.

We wanted to know certain things before beginning the journey. But we were not given this information.

The only option was to make a calculated guess.

After few steps of journey we get the answer. We give up further journey.

Decision to start a journey of a thousand miles should not begin with doubts and guesses.

It should begin with determination.

In Japan TADA means "Free", In India it means Terrorists Law

A good lawyer or a good judge always looks up meaning of abbreviation and short forms used in documents.

Sometimes, outcome of a whole case changes when such small and fine printed appreciations are examined.

In japan, the word TADA means "Free". In India it means Terrorist Law which is used to punish terrorists.

It is always empowering to check meaning of abbreviations while signing a document.

Serious legal disputes and serious health problems go side by side

Legal disputes are not adventures. Sometimes they are battles of ego. Sometimes battles of ignorance and sometimes, it is necessary to fight back.

But I have seen in my clients various health related problems also. Prolonged legal battles affects health of a person, including health of lawyers who fight legal cases tenaciously.

Sometimes it is wiser to let go, than to fight.


Haresh Raichura
(Lawyer, Supreme Court of India), on twitter @hareshraichura, profile on LinkedIn as Haresh Raichura

To India, with tough love - A US author's book which talks tough about village women

Jaya Kamlani, a US author, walked down the dusty villages of India where normally politicians do not reach.
She had a mission in her heart. The world has given her everything.
Now she wanted to give something back to society. She had faint memories of miserable conditions of women in villages of India.
She walked in far villages of India. She talked with illiterate women and learned about their hardships.
She recorded their stories. She did intensive research and documented about the conditions of women and child labour. She documented how small girls from villages are trafficked for sex purpose or for serving as bonded maid servants in houses of affluent class in the cities.
The fact that she used words "Tough Love" in the title of her book says a lot about her book.
We are forced to see what we do not want to see about the condition of women in villages.
Every month I receive a case where a woman is burned alive in small villages. The husband and relatives are jailed. They have lost in first court and appeal court. And they ask me to plead their case in Supreme Court.
No doubt, I work hard for my clients. No doubt I try to impress on Supreme Court that mental condition of woman was responsible for her death.
But inside me, some part of me too burns down when I try to look at case from the view point of village woman who is no more in this cruel world.

Jaya Kamlani's book, which is available on Amazon.com site: http://amzn.to/13a6M5W will certainly make an impact on Government of India.
I do hope that the book is widely circulated so that political pressure on government and on courts can be built up.
The book is presently at the libraries of the leading colleges in Mumbai. In the coming months it will also be at the leading colleges of Delhi.

(C) Haresh Raichura

Help others to make money in right way. In the process you also make money in right way

When you are making money, someone else is parting with money which are in his possession.

Here, there will be struggle. There will be bargaining.

Try a different approach. Think how you can help others in making money in a right way.

If you find a right way of helping others so that they can make money in right way, you may also find yourself making money in right way.

Law of fixing a nail on wall

The law of fixing a nail on wall is very simple. You put a nail on wall. Then use hammer on head of nail, again and again. Gradually it fixes it's place on wall.

Wall is another name for Resistance. When you want to change anything, you are facing resistance. A wall.

The action of change, is the nail. You have to apply force again and again till the change penatrates in the wall.

Once the nail get fixed in wall, once the change is engrafted in system, job is done.

Lawyer who preferred to focus on next 7 Dsys only

Life and work are full of clutters. So many things need our attention, prioritisation etc etc.

It looks that life is not an easy job.

I know a lawyer. As one day he had told me, He chose to focus on only 7 days at a time.

Every Sunday, he will sit for an hour and fill up time slots of next seven days.
Which cases are there? What is to be accomplished?

The cut off line of seven days makes life a little easier. The total burden of things to do is reduced to seven days of workload only.

This lawyer, later became District Judge and then became a Judge of Gujarat High Court.

Now he is retired from Judgeship. However, I remember him as Justice C. K. Buch.

Self ImProvement - Third party verifiable steps are better

Self improvement can begin at any age.

That path of self improvement should be adopted which can be verified by any third party audit.

Steps for improvement must be documented before and after an exercise for self improvement is done, in such a way that any third person can verify and audit it.

It means, self improvement must begin from our outer and verifiable behaviours. (and not from inner behaviours as some people suggest).

Inner steps are difficult to be verified by a third person. Without outsider's watch on our steps, it is difficult to be consistent.

Haresh Raichura

We do not say thank you to Judges, as shown in TV Court Dramas" when they decide our case #Law #India

The Judges are bound to do their duty of doing Justice.

So we do not say "Thank you, Judge", when a Judge passes an order.

In fact, it is the litigants who are obliged to court, for judging their dispute.

So when order is pronounced, lawyers on both side say "Obliged".
(And not Thank You, as portrayed in TV serials of court scenes).

Even the lawyer who has lost case, is supposed to say "Obliged".

Because he is supposed to say this on behalf of his client.


Haresh Raichura
(Lawyer, Supreme Court of India), on twitter @hareshraichura, profile on LinkedIn as Haresh Raichura

Marriage insurance Market Potential : So many marriages are reporting break down within two years. #India #Law #Social Relations

Marriage insurance Market Potential

Law is not solution to social relationship problems.

Since some years lawyers and judges are noticing that marriage breakdown cases which mostly come to court are about within 2 years of marriage life.

The cases describe many reasons. Sometimes boy is responsible. Sometimes girl is responsible. Sometimes parents are responsible.

Basically, these all happen within two years.

I do not have any answers. But if insurance companies come forward to take insurances for marriages, people can buy such insurances.

Then if marriage breaks within 2 years, insurance company will start paying maintenance etc,

Someone need to explore these possibilities

(C)Haresh Raichura - Lawyer in Supreme Court; On twitter @hareshraichura; Profile on LinkedIn

+++ Attention of a tempted man" and "Sexual harassment by a tempted man" are two different things. #Law #India

"Attention of a tempted man" and "Sexual harassment by a tempted man" are two different things.

Intention and actual act in both situations are different.

Different things call for different punishments.

But unfortunately, we do not know how to make and pass good laws.

So our laws are crude.

In one myth, there was a city called Andher Nagri.

The King Gandu was in charge of making laws.

His laws were simple, the price of iron and gold must be same. Price of sweet chocolate and dry bread must be equal.

The laws were equal for all.

Wise man used to advise that a wise person should leave such city as early as possible.


Haresh Raichura
(Lawyer, Supreme Court of India), on twitter @hareshraichura, profile on LinkedIn as Haresh Raichura

In US everyone strives to become No.1 and there is no value for No.2 or No.3 - Competitiveness forces innovation, innovation to wealth

I do not remember where exactly I read this. Probably it was in an American book called "In Search of Excellance" or something like that.

It said that in America, everyone tries to become No.1 in his or her own field. Because No. 2 or No.3 have no value.

A doctor in Delhi told me about one Private Hospital. The management of this Hospital hired only Doctors who were No.1 in their respective field of specialisation. They were paid double salary.

The point is, being No.1 was making a lot of difference.



2. When a person tries to become No.1, he will naturally have to beat some person who is already at No.1.

So to beat that existing No.1, the new comer will have to innovate something which is better.

This necessitates innovative thinking culture.

A culture where everyone may be trying to innovate and to become No.1.

3. Innovation brings wealth. Everyone wants to buy something which is "New" and "Better". People are willing to pay something more for "New" and "Better"
This brings wealth to nation.


Haresh Raichura
(Lawyer, Supreme Court of India), on twitter @hareshraichura, profile on LinkedIn as Haresh Raichura

What works for others may not work for you. Quit admiring others.

Anis Ahmed Khan, an advocate in Supreme Court, once asked me to not to speak much about good qualities of others.

This was new to me. I believed in Gandhian principle :"See only good in others".

After years, I realised what he meant to say.

All lawyers come from different backgrounds. Some have rich advocates as their patents. Some may have education in best schools from where they may have learned hard working habits. Some may have inherited dashing culture from their parents in their DNA.

They may be good. But their methods, their thinking habits, their physical habits, their cliches and thumb rules may not work for you. Because you have come from a different background. Your schools were different. The nurturing which you get from your parents was different.

What works for other may not work for you.

And what works for you cannot work for them.

For example, I can write beautiful and soul touching poems about lawyers and judges, which none of them can. Anil Diwan, a top Senior Advocate of India, once described me as "Quick Poet".

The moral of this story is:

You are different. What works for others, may not work for you. When you admire some one, you are putting them at higher level than you. Indirectly, you are putting yourself at a lower level than them.

And I don't think this is good.



Haresh Raichura
(Lawyer, Supreme Court of India), on twitter @hareshraichura, profile on LinkedIn as Haresh Raichura

Fear saves. Over confidence kills

Years ago I read a book of J Krishnamurthi where he explained that Fear is jewel.

Fear and confidence arise out of assessment of risk, danger or an obstacle.

A fear warns us: Get out from here. Get help.

Over confidence says: Nothing to worry. I can fix this. I have fix any such things in past.

Fear has saved many lives. Over confidence has killed many a lives.


(C)Haresh Raichura - Lawyer in Supreme Court; On twitter @hareshraichura; Profile on LinkedIn

Nothing goes in vain. Every tweet reaches somewhere, like every ray of Sun.

Nothing goes in vain in this Universe. Every words spoken, reaches somewhere. Every tweet reaches some heart.

Every blog, every social update published reaches somewhere. Somewhere someone reads it.

Every ray from Universe, reaches somewhere.

Nothing goes in vain.

Universe is watching us, even if no one else may be watching us.


(C)Haresh Raichura - Lawyer in Supreme Court; On twitter @hareshraichura; Profile on LinkedIn

Life Sentence or Death Sentence? If Life, how much life? Criminals at mercy of Arbitrariness of State

1) In India, Law itself is not clear. In case of murder, death or life sentence. Parliament has not set out any guidelines. Criminals do not really know what is coming to them.

2) Read a recent order in which after awarding Life Sentence, the Judge added; Life jail will not mean for whole life. After 14 years, it will be open to State to release him early.

3) After 14 years, criminal will be at mercy of State. To let him go or not. Naturally, bribe may move files. No rules, no guidelines are noticed here.


(C)Haresh Raichura - Lawyer in Supreme Court; On twitter @hareshraichura; Profile on LinkedIn

Much improvements needed in the way anticipatory bail applications are heard in India. A Case

In anticipatory bail matters, if interim relief ex parte protection is not granted, litigant may have to remain absconding till finally his application is decided.

Many times in anticipatory bail application, court issues only notice to hear police. Side by side it does not grant order that in meantime the police should not arrest or if arrested should be released on bail.

So the litigant is left in lurch. He has to remain hidden somewhere where police cannot find him.

Sometimes in spite of the pendency of matter in High Court, police arrests the applicant, his anticipatory bail becomes meaningless.

Recently a advocate friend called me, his anticipatory application was pending. HC had issued notice returnable in January. Even then police arrested his client.

He went to trial court for regular bail, trial court said first you go to high court and withdraw your anticipatory bail and then only I can hear regular bail !

Imagine the frustration of client and his lawyer.


(C)Haresh Raichura - Lawyer in Supreme Court; On twitter @hareshraichura; Profile on LinkedIn

Something in favour of politicians - Life is not bed of roses for them

Something in favour of politicians

They work in 24/7 atmosphere. They have to continuously update, their support base.

Whenever, they want to get something done for people, they get strong opposition. It costs them. Their base is reduced, they have to barter and have to enter into murky deals to get something good for people.

There is always someone waiting to pull them down. Some one is always ready to take shots at them.

If they use less power, they can get nothing done. If they use more power, they can get intoxicated.

Money and sex keep circling them to trap them into temptation.

They do not have any real friends. Their connections are to their powers and not to them.

When they have to involve some unworthy in coalition, they are constantly blackmailed by this thin group with threat to withdraw from coalitions.

Media highlights their failures and downplays their achievements.,

Life is not a bed of roses for them.


(C)Haresh Raichura - Lawyer in Supreme Court; On twitter @hareshraichura; Profile on LinkedIn

When God wants to destroy an intelligent man, he first takes away his intelligence.

When a great man falls, he falls all the way down into the valley. However highly intelligent a person may be, there is no guarantee that he will not do a stupid thing.

Hindu epic Mahabharata, has a story of how the great archer Arjun was defeated by an illiterate called Kabo. 

At crucial time, all the intelligence of a man goes and he behaves in a self destructive way. 

There are beliefs that some Gods put thoughts in human minds. When they want to destroy a man, they just whisper some wrong words in mind of such a man, and soon he destroys himself.

Throwing away any good man to winds

Don't throw away a good man on words of an unworthy person however strong proofs he may have against the good man.

This path is based on wisdom. Wisdom often lies in what overlook, what not to see.

Times come in life of any good man when public fired up with proof against good man wants action against the good man on complaint of an unworthy person.

These times are trying times for the goodman.

Wisdom is in knowing what to do. An analogy is "Do not throw away baby with the bath water however dirty, the bath water may look".

(C)Haresh Raichura - Lawyer in Supreme Court; On twitter @hareshraichura; Profile on LinkedIn

Regular Habits against chaos of life

Circumstances control us more. We have lesser control over our choices. When conflict between what we want to do and what we can do arises, if outside circumstances are more powerful than us, we have to given in. 

Procrastination is one such thing. We may want to do a thing. But we also may want to Not To Do it as of now. 

When we given in to second want of not doing it now, our first want to do it gets delayed and eventually frustrated. 

To seek protection against this, people over centuries have developed a weapon called habits. 

Habits are hard to form. To make a weapon out of raw metal is also a hard thing. But once it is done, it is a weapon in our armour.

The Habits are weapon in our armour. 

Get In to A Habit

Of Doing what you want do. 

We must be able to make a list of at least 5 habits which helps us in our work and life.

Haresh Raichura

Cavity search of a woman - What do people in India understand by these words

People in India have no Idea how they do cavity search of arrested woman in US. They are bound to imagine all things.

This is one reason behind outrage in India against cavity search of Consular General woman of India.

US may have drug and terror problems. Cavity search may be standard procedure there.

But in India these words are new. They imagine it equal to sexual harassment of woman.

They really do not know what exactly was done to the woman after stripping her.


The society here is very sensitive.


(C)Haresh Raichura - Lawyer in Supreme Court; On twitter @hareshraichura; Profile on LinkedIn

It is necessary to impress people.

Design of product makes a lot of difference in how far any product (or person) will penetrate in the market.

A book may be good. But if cover is not attractive it may not sell well.

Because, most people tend to judge a book by its cover.

Same thing is about a person. His presentation, the way he presents himself to the works, makes a lot of difference.

Same thing can apply to a product or anything else where "People Judge Before They Buy"

The book cover matters a lot. It is necessary to impress people.

(C)Haresh Raichura - Lawyer in Supreme Court; On twitter @hareshraichura; Profile on LinkedIn

Simple - Two timelines to start changing oneself

It is simple. To be more productive, workday must start early and end late. The Change can start from here.

I have read about people who are said to be working 18 hours a day. How they do is surprising to me. But there are indeed such people.

The basic is simple. Stretch work start line and work end-line.

If we can make some changes on these two, probably we have enough will power to change many things about us. .


(C)Haresh Raichura - Lawyer in Supreme Court; On twitter @hareshraichura; Profile on LinkedIn

God helps those who help themselves. 10 appeals filed in Supreme Court to help 10 labors for total fee of Rs.10k. SC enhanced compensation of Rs.10 Lakhs to them

God helps those who help themselves. 10 appeals filed in Supreme Court to help 10 labors for total fee of Rs.10k. SC enhanced compensation of Rs.10 Lakh (One Million) to each of these poor labourers.

Some months ago, an advocate from Vadodara telephoned me and said there are some 10 labourers who had lost their case in High Court.

They wanted to file 10 appeals in Supreme Court. They were not in position to spend more than Rs.10,000/- for total 10 appeals.

Normally, there are legal aid committees to help poor.

But many times, many Supreme Court advocates and many Well Known Senior Advocates also help poor and deserving litigants.

I decided to help them. The expanses and office overhead expanses were something more than 10K for ten appeals.

The appeals were filed. They were heard. Admitted. Other-side party filed reply.

At the end of the day, after hearing all parties, Supreme Court enhanced compensation of Rs.1 million to each of poor labourers.

This has nothing to do with my skills. This has something to do with God. Like a mysterious power, it helps us through unknown people. The help comes from people who are not supposed to and not expected to help us.

The advocate who had called me had called me first time. We did not knew each other. My clerks also did not charge their clerical charges on these appeals. The labourers were unknown to most of the people involved in bringing Justice to them.

The unknown hands of several human beings and fate helped these 10 labourers. 

The moral of this true story is: Do not turn away poor from the Doors of Supreme Court of India on ground that they cannot afford expanses of filing cases in Supreme Court. Let them Knock the door. The God may open doors if He thinks fit and proper. 

Entrapment- A Lion using its paw to kill a fly in International waters

Entrapment by proof collecting agency, of an Indian consular and violation of her dignity are not procedures known in international Justice system. Since interpretation of Vienna Convention is involved, the issue may arise for a dispute in International Court of Justice.

Whatever has been done by proof collecting agency is verifiable with documents. Investigation of a crime and Entrapment of a Suspect by forming a chain of evidence around accused, are something new to Criminal Justice system in India.

This is not a good sign. A range of evils apart from Blackmailing and Extortion can arise from such a system. Therefore, for these reasons, the system of "Going with an Entrapment and Revenge Attitude" is not encouraged in civil societies.

This may have some justification in dealing with terror and economic crimes. But to employ the same law against a middle class small individual over a minimum wage issue, is not very dignified. It is like a Lion using its paw to kill a fly.

The fly may die. But it will leave a very bad shame name for lion through out the jungle. Particularly, in India. Because here, it is not considered Manly.

Haresh Raichura
(Lawyer, Supreme Court of India), on twitter @hareshraichura, profile on LinkedIn as Haresh Raichura
Posted first on :

+++After new law is passed, no guarantee when it will be notified. A provision in Advocate Act was passed in 1967(about) and signed by President, till today not notified by Govt.

This amendment said that Advocates will have right to represent their clients before any tribunal or adjudicating authority.

As per my impression, this amendment was passed and signed by President in about 1967.

To bring this law into force, all Govt has to do is to issue a notification.

As per my impression, it is not done till today. (Just learned after posting this : It came into force from 13,June 2011 , Notified in 2011) 

Once a writ petition was filed in Court to direct Government to issue such notification. But petition was rejected by Court saying that Court cannot give such directions.

(This post is based on memory and is subject to correction if any update is needed)

Haresh Raichura
(Lawyer, Supreme Court of India), on twitter @hareshraichura, profile on LinkedIn as Haresh Raichura

Suppose in a crowded area, someone brushed aside a woman due to hurry. Act caught in CCTV. Complaint filed. FOUR Questions of a Judge :-

Suppose in a crowded area, someone brushed aside a woman due to hurry. Act caught in CCTV. Complaint filed. FOUR Questions of a Judge :-

A complaint of sexual harassment is devastating. A person's reputation is destroyed in society and before his own family. Media judges him without a trial. The damage is irreparable.

Then after some time ordeal starts before some Judge.

The Complainant has to prove two things first:-

1. The act was done. CCTV footage or witnesses can prove it.

2. Then it has to be further proved that it was done with criminal intention.

Now the intention cannot be proved through CCTV.

So the Judge will ask further FOUR questions:

1) What is the background or past history of the woman who has complained.

2) What is the background or past history of the accused against whom complaint is filed.

3) What can be the other motives of woman-complainant in filing such a complaint, apart from seeking Justice? Could she be lying for some ulterior motives?

4) What is the defence of accused? Could he be telling truth?

In addition to this,the judge will also ponder about timing of complaint. Examination of timing sometimes lead to important discoveries.

After looking at these four aspects, the judge forms an opinion.

Haresh Raichura



(Lawyer, Supreme Court of India), on twitter @hareshraichura, profile on LinkedIn as Haresh Raichura

Responsibility of a Bee

In a beehive, all bees settle around their queen bee (Main bee). If there is any threat to this settlement, it is responsibility of queen bee to find a better place for all the bees.

Once the queen bee moves to a new place, all bees follow her and new settlement begin to take shape.

(C)Haresh Raichura - Lawyer in Supreme Court; On twitter @hareshraichura; Profile on LinkedIn

One of the ways of big countries to unsettle governments of smaller countries

Wars have become unnecessary. Big countries control small countries by controlling their political system.

Donations to so called NGO or Non Government Organisations help big countries to unsettle governments of smaller countries.

This is one of their many ways to unsettle governments of smaller countries.


Haresh Raichura's Blog
(C)Haresh Raichura - Lawyer in Supreme Court; On twitter @hareshraichura; Profile on LinkedIn

What exactly is International Law? Who makes these Laws?

What exactly is International Law? Who makes these Laws?

Each country claims to be a sovereign country - not bound by laws of any other country.

Then, how do they go on?

One country makes certain agreement with other country. This agreement is International Law for these two countries.

When a group of country countries sign an agreement, this is International Law for these countries.

Haresh Raichura's Blog(C)Haresh Raichura - Lawyer in Supreme Court; On twitter @hareshraichura; Profile on LinkedIn

Team work culture - Is it lacking in India?

If the over all culture of people is selfish, the culture of team work may be lacking.

Ability to work by forming teams requires to be taught in schools.

Team work requires one to give priority to Team's objective and to put personal interests on second level.

Where there is no team culture, people may be giving first priority to personal interest and second priority to common interest.


(C)Haresh Raichura - Lawyer in Supreme Court; On twitter @hareshraichura; Profile on LinkedIn

The Elections are not free. They cost money on public pocket

Delhi elections have posed problems.

One thing not being discussed here is : Cost of Elections.

The elections are not held freely. They cost money which are paid by exchequers.

This is an issue about which no political party has shown concern.


(C)Haresh Raichura - Lawyer in Supreme Court; On twitter @hareshraichura; Profile on LinkedIn

Tasks which are finished or completed have more value than tasks which are started or are in process.

The list of unfinished tasks will be always long. They are like seeds which are sown and watered, but have not matured into trees.

From commercial point of view, finished tasks are billable and they end one side's liability under contract.

A senior lawyer once said, it is not important how much cases you have. What is more important is, how many cases you have finished. Keep a count of cases you have finished and you will soon grow.

It helps to keep count of tasks done or finished.


(C)Haresh Raichura - Lawyer in Supreme Court; On twitter @hareshraichura; Profile on LinkedIn

Reasons : Why opinions in media and affidavits which are not cross examined are ignored in courts of law

If your views are based on opinions of majority or on affidavits which are not cross examined by other side, probably you may be wrong.

We allow ourselves to be constantly expose ourselves to media reports based on presentation of selective facts and gossips.

We know what is gossip. In media, to propagate some gossip, they often use words like "From reliable sources".

In a court room atmosphere is different.

Here there are at least two contesting sides. Each side is keenly interested in proving other side wrong.

Each side is given time to present whatever facts they want to present. If some crucial facts are missing, judges have power to call for such facts.

Here, if one party states something or files an affidavit, other party is given chance to challenge it by way of cross examination. Affidavits where other side is not given chance to cross examine, are ignored from consideration.

Everything is done step by step. Truth emerges slowly slowly.

Judge contemplates. Records his reasons. His order follows as per his reasons.

This is how we try to reach truth in courtrooms.


(C)Haresh Raichura - Lawyer in Supreme Court; On twitter @hareshraichura; Profile on LinkedIn

Finding of SC committee can neither be used against Judge nor against intern. There is no "Proved Misbehaviour" to remove judge.

Finding of SC committee can neither be used against Judge nor against intern. There is no "Proved Misbehaviour" to remove judge.

It is good if the judge feels like giving resignation. But if he is feeling entrapped or victimised, he may not like to resign.

In that case, there is no material on basis of which President can remove him on ground of "Proved Misbehaviour".

The Committee set up by Supreme Court has power to recommend actions only against sitting judges. It had no power to inquire against a retired judge.

Here, the Committee had no power to summon a retired Judge to appear before him. It had no power to record statement of a retired judge.

Once he is retired, he is an individual like rest of us.

Here, he might have appeared before judges so as to clear his side of case and to avoid being judged exparte.

But in my view these statements of the Judge and the intern are given under trust. These statements cannot be used against the judge or against the intern.

Chief Justice has rightly closed report without any further action.

If this was an inquiry committee set up under some law, then it could have legal consequences.

But there is no law which authorises Supreme Court to set up a committee on administrative side, against a retired judge, either of Supreme Court or of any high court.

The words "Proved Misbehaviour" has different meaning under different laws. But basically, it refers to conduct which warrants civil death of a person holding a high office. The conduct must have been documented on legally admissible evidence. The accused must have been given opportunity to cross examine the complainant.

Here, there is no such things.

He decided to meet 10,000 people in Six months. This was his simple formula to reach where he wanted to reach.

I heard this story about a very important person. He was going mathematically about his most of life achievements.

After he retired from a very important government post, he decided to meet 10,000 people in 6 months.

Then he charted out his plan. He planned lectures and gatherings.

Then he methodically went ahead in implementing his plan.

The plan was simple. Just to meet and say Hello to 10,000 people.

After one year, he was again nominated by Government to his even more important and higher position.

I have not mentioned here his name. Since it may not be appropriate.

(C)Haresh Raichura - Lawyer in Supreme Court; On twitter @hareshraichura; Profile on LinkedIn

Legal Options for Same Sex Couples till Sec. 377 #Law is amended in #India

The prosecution of any same sex offence can be initiated only on the Complaint of the victim. By none other.

In other words, police on its own has no power to register a crime on its own and to start prosecuting any gay couple. (At least this is what I have understood from the recent judgement of Supreme Court.)Para 7 of Supreme Court Judgement on same sex marriage Sec. 377 ) 

Home Ministry at Centre and State can issue direction and guidelines that no such case is registered except by person higher in the rank in the police department. (Similar circulars or directions are there in cases of 66A , 498, 304B etc)

Such directions can solve many problems.

Supreme Court has not said anything other then saying that Law Makers should make law to amend Sec.377 if necessary. In this case, probably there was not enough data before Supreme Court to point out abuse of Sec.377.

So if Sec..377 as it is, if it is being abused grossly for purpose of blackmail or extortion, a PIL in High Court or in Supreme Court to lay down safeguard cannot be ruled out. Proper facts about cases of abuse, ought to be placed before court.

Even in cases of actual complaint by victim, the alleged accused can approach a High Court under Sec 482 for such relief as may be possible for High Court to grant.

These legal options are not enough, but until law is amended, some remedies indicated above can be tried by aggrieved persons

Each tweet or update on social media leaves your footprint. Do you know art of reading a person from his footprints? Here are some tips.

In fact the series of novels and stories of Sherlock Holmes have one central theme. How to read footprints and how to reach at criminal through his footprints.

The fact that you have read this update has left digital footprint in server.

And from these foot prints I can see that you are now reading 424th character of this post. This post has total 503 characters till this period.


(C)Haresh Raichura - Lawyer in Supreme Court; On twitter @hareshraichura; Profile on LinkedIn

A Lawyer who believed in keeping his office on crossing of 5 Roads #Lawyer #India

In 1982, I had seen a lawyer in one District Bar who had flourishing practice. His office was at a crossing where 5 roads met.

He had a belief that if location of office is at crossing of five roads, it helps and it is good.

Later, his son became lawyer. He wanted his son to practice in Ahmedabad in Gujarat High Court.

So he looked for a residential flat at crossings of five roads anywhere in Ahmedabad. He found such flat. Purchased and settled his son into practice at High Court.

I cannot say how far his belief is true. But it does make sense from marketing point of view to have office at crossing of five roads.

It generates more visitors.


(C)Haresh Raichura - Lawyer in Supreme Court; On twitter @hareshraichura; Profile on LinkedIn

True or False

What you hear could be false or true. What you read could be false or true.

What you see could be false and true.

We are passing through an age of Adverising.

Look for Evidence ( Something which can make it evidently true or false) before accepting it.

If not sure, put it in "Subject to further verification folder"


(C)Haresh Raichura - Lawyer in Supreme Court; On twitter @hareshraichura; Profile on LinkedIn

Like playing or watching Cricket? Have team of 11 friends and 11 enemies. Here is how

Like playing or watching Cricket? Have team of 11 friends and 11 enemies

If you enjoy watching or playing cricket, you can try to implement those moments in real life.

Is someone always biting behind your back ? Treat him as wicket keeper. It is his duty to back bite.

Are there 10 other people who come in your way in getting promotion ? Well, treat then as player of opposite team. Their duty is to obstruct and kill your chances of promotion.

Now make a list of 10 friends who may be in your team and who help you in your over all promotion, business or profession.

Then play the game. Take single runs if you cannot strike sixes. Keep increasing your score and smile if you are declared our.

There is always next match to be played.



(C)Haresh Raichura - Lawyer in Supreme Court; On twitter @hareshraichura; Profile on LinkedIn

ROC - is a place where you can seek many information about owners of any company -

There are Registrars of Company. They keep records of Companies affairs.

Any person can seek copies of documents of formation of any company, by filing proper application and paying some nominal charges.

Investigative journalists seek details from this office for purpose of knowing about true owners of any company.

The addresses of Registrar can be searched on Google.

6 Things which cannot be included in a valid LOKPAL BILL #Law #India

After any LOKPAL Bill is passed, it's legality will be tested in Courts.

The Court will struck down those provisions which may be violative of Basic Structure of Constitution.

1) Judges of High Court and Supreme Court are Insulated from any kind of pressure. Any provision which provides for issuing notice or making them vulnerable to fear being investigated, will be struck down by Court.

2) Lokpal is a State Subject. Parliament cannot force each and every state to accept its Central Lokpal Bill. Such provision violates basic structure and can be struck down by Court. It should be, will have to be, left open to States to accept Central Lokpal Bill or not.

3) No person can be subject to DOUBLE JEOPARDY. It means no person can be tried for same thing twice. Where there are provisions of Inquiry, another provisions, a Duplicate or Superior inquiry by LOKPAL, will not hold good.

4) Crime investigation is a State Subject. No Lokpal can have power to investigate anything relating to any State without permission of that State.

5) No authority can be created which may have power over Members of Parliament or State Legislatures. They cannot be made subject to any possible pressure from any power blocks. Such is the principles of Democratic structure.

6) There are authorities, Like Election Commissioner, CAG etc, which cannot be removed except by impeachment by Parliament or State Legislatures. No authority can be created which can bring pressure on them.

Then what is possible?

That is what is required to be worked out.

8 line Analysis of Supreme Court Judgement of Sec. 377 #law #India # Gay marriages

Analysis of Supreme Court Judgement on Sec. 377
1) it is open to law makers to permit same sex marriages by passing proper laws.
Analysis2) Delhi High Court has wrongly declared sec. 377 of IPC is as illegal.
3) we are deciding here only whether Delhi high court judgement is based on correct principles of law or not- said Supreme Court.
4) There is no doubt that foreign judgement cited by delhi high court are important but an Indian law cannot be declared illegal on basis of foreign judgement based on foreign laws.

Haresh Raichura
(Lawyer, Supreme Court of India), on twitter @hareshraichura, profile on LinkedIn as Haresh Raichura
Posted first on : 12/12/13

Do you know that a Law Graduate was refused registration as advocate on ground that hairs on his head were too big? #TrueStory #India #Law

When a law graduate wants to joins Bar as an advocate, he is supposed to know TWO MAIN THINGS:

He should know :

1) How to Dress, and
2) How to address.

About 20 years ago, a young law graduate walked into office of a Bar Council with application to be joined as Advocate.

His hairs were like Big Nest of Birds over his head. He talked in a pushy language.

Head of the Enrolment Committee said, you have to amend your appearance if you want to become an advocate. An advocate should look and dress properly to befit this profession.

Young man said, no. He said he cannot change his hair style.

The Chairman refused to admit him as a lawyer.

In the evening, Chairman got a call from a big politician and Minister. The Young Man was his son. He asked Chairman to admit his son in profession of lawyers.

Chairman said, "Very well, send him tomorrow with a postcard size photo. I will talk with other committee members and we will see what can be done."

Next day the minister's son came in office of Bar Council with a beaming smiling on face.

However, he was soon shocked.

The Chairman dictated order that this person's appearance and look and behaviour is not suitable for profession of lawyers, hence his application to become advocate is rejected. He attached photo of young man as part of his order.

The minister's son challenged order in High Court.

A very big senior advocate argued for young man. He argued that it was fundamental right of an advocate to keep hairstyle of his choice- even if his hairstyle look like a nest of birds.

High Court asked Bar Council to show rules that an advocate should be well dressed, well mannered and should look disciplined in over all appearance.

Bar Council showed the rules. High Court dismissed case of young man.

Young man filed appeal in Supreme Court. Supreme Court dismissed his appeal summarily, in less than a minute.

The young man once again returned to chairman of Enrolment Committee and again requested to permit him to become lawyer.

The head of enrolment committee said, "Cut your hairs and be well mannered"

Young man complied. He cut his hairs. Came back in good appearance and he was permitted to become lawyer.

This is true story as overheard from reliable people.


Haresh Raichura's Blog
On Twitter @hareshraichura
Profile on LinkedIn

Why do Judges fear to reveal their mind till the Judgement is pronounced? Which fear hunts them 24/7 #Judgophobia

Why do Judges fear to reveal their mind till the Judgement is pronounced? Which fear hunts them 24/7 #Judgophobia
Judges all over world have some secret phobia. This fear has not been defined yet, so I can name is as Judgophobia.

During course of argument if judges begin to reveal their mind in such a way that their judgement becomes predictable, someone will slip away from court, and will tell some client, “Look, if you give me this much amount, I will tell you what the judgement is going to be.”

Parties who have millions or billions in stake, are willing to pay anything for knowing what judgement is going to contain.

I remember that one such thing happened in Court of Hon’ble Justice Ruma Pal when she presided in Court No. 4.
At 10:30 She pronounced operative part of a Judgement. She signed in open court. But matter was earlier heard with some other Judge who was today sitting in another court room. So she said, the copy of judgement be given only at 2:00 PM after another judge has also signed.

One junior advocate humbly prayed, “My Lords, can I just read the judgement herein court?”

Judge saw no harm in this innocent request. She said, Yes.
The Junior was given copy by Court Master and he begin to read by sitting in front corner seat.
The Judge began to hear other cases. At 12:00 PM, judge suddenly remembered the Junior.

He was not on seat where he was reading. He had slipped out from courtroom with copy of judgement, which was yet to be signed by a brother judge.

All the fire of the Judge broke out. Junior was summonsed. The Judgement was reclaimed. But in these two Horus, millions of rupees changed hands in stock exchange as the judgement had crucial effect on share market.

At 2:00 PM, top Senior Advocates came in her court and apologised to judge and requested her not to initiate contempt proceeding against junior who had just joined advocacy.

Conclusion: There are reasons why judges all over world try to be unpredictable.

#Judgophobia


Haresh Raichura’s Blog
On Twitter @hareshraichura
hareshraichura.blogspot.in

Why new generation of Law Graduates are looking for corporate jobs? Has law ceased to be a noble profession?

In his farewell address to Supreme Court Bar Association, former Chief Justice Y K Sabharwal, lamented about this issue. He said best talents of law graduates are getting into corporate jobs as soon as they complete law graduation. They are not coming to legal profession to serve the people.

Law is essentially a noble profession. It is duty of lawyers and judges to protect society against injustice anywhere.

But early few years of young lawyers are hard. There are no laws to guarantee them minimum surviving income in their early years.

So some of the talented law graduates join companies. Some other who come in legal profession, look forward to serve corporate clients.

And very few come with dreams to fight against injustice anywhere in any form.

Haresh Raichura - Lawyer in Supreme Court; On twitter @hareshraichura; Profile on LinkedIn

A lawyer who used to win almost every election of Bar WITHOUT canvassing #Law #BarElections

I know one Supreme Court Lawyer who used to win election to post of executive member every time he contested Supreme Court Bar Elections.

The charm is, he never used to canvass for vote. Nor he used to send juniors to chambers of other lawyers to canvass vote for him. Nor he used to make phone calls or SMS asking for votes.

Yes. He still used to get elected every time he contested. Usually with highest votes.

One day he had told me about his one policy. I think probably his this policy helped him to get elected in every election.

This was his policy.

Whenever, there will be any function of Bar Association, or meeting, or any social event where all members of Bar may have been invited, he will be among first few to reach the venue. After function is over, he will be among last few to leave the place of venue.

He is presently no more. He passed away few years ago. His name was M.N.Shroff.




(C)Haresh Raichura - Lawyer in Supreme Court; On twitter @hareshraichura; Profile on LinkedIn

Scheduling Time for "Thinking on any particular case or project" - Time and Subject based thinking

I first read above concept years ago in fiction novels of Earl Stanley Gardner, in which hero of his novels always used to be a trial court attorney called Parry Mason.

In time management tools, people are seen scheduling Tasks, Projects and work to be done.

Now, thinking is also a Work, a really hard work. It consumes times.

As far as I recollect, in one of his novel, Parry Mason said to his secretary Della Street that had scheduled next 15 minutes for "Thinking about a particular case".

This makes sense. Because important tasks requires some thinking in advance. It makes sense to schedule time for thinking.

Haresh Raichura's Blog
Lawyer, Supreme Court of India)
,on twitter @hareshraichura, profile on LinkedIn as Haresh Raichura
943

Tip for young lawyers: Better to sit in courts where judges conduct cases without any previous reading at home

In a Lawyer's life, there are two phases of time. In first phase, he has all the time in world, but no cases to do. In second phase, he has so many cases that he has hardly anytime to read or to learn anything new.

If you are in first category, I suggest you to go and sit in any court room where Judge does not have habit of reading cases previously at home.

There may be many reasons, why some judges cannot get time at home to pre-read cases of tomorrow. They may be devoting time on writing some most important judgement or they may be devoting time in keeping themselves updated in everyday pouring in new judgements of higher courts.

Whatever may be the causes, when they come in court, they are completely free from bias and will be completely open minded.

They may begin case, by asking lawyer, What is this case about ? What is the core dispute in case? Who took first step in case, like issuing notice? What did he asked in notice? Who filed suit? What did trial court did? Why it so did? And so on and on..

By listening to these, our following 5 skills or abilities or assets are strengthened:

1) Habit of sitting patiently in court with mouth shut. This is a hard habit to develop. But it is observed that lawyers who develop this ability earn more- in knowledge and in money.

2) Listening to these conversations in courts gives you an idea about what questions you should ask during the first free meeting with client. In the first meeting, client judges you not by your degrees, but by the quality and manner of your asking questions. His trust is won immediately if quality of your questions is judge-like.

3) You can see the current trend of law and directions in which judges are taking the law forward. This knowledge is very important in predicting your strategy of arguments in your upcoming cases.

4) The judge notices you. If you are regularly sitting in court room when you have no other work, the judge will notice you. The judge will see if you are yawning all the time, sitting mindlessly all the time, murmuring all the time, texting messages in mobile all the time, or listening sincerely with desire to learn from the judge. This is your invaluable asset if judges forms an opinion about you that you are a sincere learner. Because most judges were first sincere learners before they were called to become judge. So, you will form a rapport with them.

5) The first 5 Senior Most Judges in any court, are power centres of any court. It has enormous value if you can set up rapport with them by sincerely listening to them by sitting in their courtrooms, when you have no other pressing work to do.




Haresh Raichura
(Lawyer, Supreme Court of India), on twitter @hareshraichura, or connect with me on LinkedIn as Haresh Raichura
Posted first on :10/12/13
(943)

Shark like people - can smell opportunities

People who live like sharks - Can smell money making opportunity from a thousand mile distance.

One thing is clear. We need to accept it whether we like it or not.?

We all are not equals.

Some of us are like sharks. A shark is said to have ability to smell a drop of blood in water from miles away.

Same way the shark like people can smell an opportunity to make money from a thousand miles distance.

Then they move fast like sharks towards their opportunity. They hardly spend time for socialising with other typed of fishes in sea.

They are focused on their opportunities. And their radar is constantly working to scan for opportunities.


(C)Haresh Raichura's Blog - Lawyer in Supreme Court; On twitter @hareshraichura; Profile on LinkedIn
(943)

Humble Exterior of Personality- Key to wealth

Let your exterior be most humble and human.

I have come across many nice looking and nice speaking people. They are nice in their social dealings. They care for others.

They do say No. They say No often. But they say it in such a way that we do not feel hurt.

The modern man believes in Exterior of Building and Interior of building.

Both needs to be given due attention.

The Exterior of personality can be very important when you are in any profession.

You may have competence. But still you have to Win trust of prospective client. A humble exterior of personality helps in winning trust.

Humility does attract wealth.

Haresh Raichura
9/12/13
(942)

One main reason: Why so many people perceive "Corruption" in Judiciary, though it may not be so

Lawyers who are related with judges or with big politicians can easily get appointments as Government Lawyers to defend government cases against government.

People also like to engage lawyers who are "relatives of government lawyers or Judges". They hope that their case will get some undue favours from Judge.

For example, Father may be a Public Prosecutor. His son may be an independant private lawyer.

Now criminals would like to engage "Son of Public Prosecutor" to defend them.

And if the the Son-Lawyer wins, people see corruption.

CONTRARY VIEW :

The Judges say that while deciding cases, they do not see at the faces of lawyers. They only look to the facts appearing on case papers and submissions made to them. They impartially decide each case as per merit of cases.

But it may happen that relatives of government lawyers have usually some advantages of "Family Counsel".

For example, if son-lawyer has some legal confusion in some case, he will naturally ask advice of his father for guidance.

This improves their knowledge, performance and manners in court.

Therefore, since their presentation is based on sound principles of law, their results will be better. If their result will be better, their fees will be naturally high.

Thus, even if each cases are decided on merit impartially by judges, a section of litigants are bound to form perception about corruption in Judiciary.

One Supreme Court Judge gave a judgement deprecating practice of appointing relatives of judges and Big Politicians as government lawyers.

But Judges have hardly any powers to do something about it.

Procedures of appointment of government lawyers are non transparent and highly arbitrary in probably all states.

It is within power of a Government to appoint any lawyers of its choice.

During time of Congress Rule, all government lawyers may be from Congress Party. In times of BJP Rule, all government lawyers are bound to be from BJP.

The issue of insecurity of service of Government Lawyers was once debated in Supreme Court. But I think Supreme Court has not been able to find a way to force transparency and security of government lawyers, since these appointments are in realm of Contract Law.

I think for this main reason some wrong perceptions about Judiciary are formed in mind of people.

Haresh Raichura
9/12/13
(941)

Lawyer who used to cite stanza from #Ramayana - To him Ramayana contains answers to every human problem #India #Law

Lawyer who used to cite stanza from #Ramayana - To him Ramayana contains answers to every human problem.

Recently he passed away. In his prime days he was secretary of Supreme Court Bar Association.

I know him for one prime reasons. It appeared that he loved Ramayana and other Hindu Ved Purans.

For every situation in life, or in politics, or in Judiciary, he could explain it by citing one or two stanza from Ramayana.

To him Ramayana, contained answers to every problems of life.

Unfortunately, Hindu literature and scripture is disappearing and people who loved these scripture are leaving us one by one.

He too left this world, a couple of days ago. His name was Shiv Pujan Singh. (Meaning of Name: one who is always engaged in worship of Lord Shiva)

Some categories of Murders (Not Yet Defined in Our Laws) where murder is justified and lesser punishment is desirable

Some categories of Murders (Not Yet Defined in Our Laws) where murder is justified and lesser punishment is desirable

Criminal laws used by Our courts are very very old. The world has rapidly changed. Murders happen for minor reasons. Encounters of criminals who can never be tried in courts, against whom no one is willing to lodge complaints, have become necessary. In some cases where even police officer who records complaint gets murdered by high and mighty criminals. Encounters are often considered a demand of time by even state authority.

A CASE IN IMMEDIATE MEMORY

A case came. Client had taken two persons in a flat in a remote area and had killed both of them, one by one. Two courts below had sentenced him to jail for life term.

Client came for appeal. What he said was something like this. He was chief engineer in some govt department. He had approved certain contract worth some millions. The Chairman had his own rule to demand 2% Commission from Chief Govt Engineers who approve any big contracts of government. The goons of Chairman started pressurising him for 2 % commission. They threatened him to death if he does not pay up.

The engineer took them to one flat in remote area on pretext that money is kept in that flat. Than there he killed both henchmen.

Nothing of this kind of story was pleaded in courts below. Because to tell a true story is easy. To prove a true story in court of law is very difficult. To prove a story against a very big political man on Govt Post is almost impossible.

So what emerged from the record was nothing but cold blooded murders of two innocent persons. The fact that these two persons were mercenaries had not came on record. Nor such case stated by accused in his defence statement.

The courts below were justified in convicting him. Supreme Court was justified in dismissing his appeal and review petition. They go by records of case. Not by stories told by clients to their lawyers.

But I still think that the man deserved lesser punishment.

But there is no such category in law like "murder under pressurised circumstances" etc etc.



Haresh Raichura
(Lawyer, Supreme Court of India), on twitter @hareshraichura, profile on LinkedIn as Haresh Raichura
Posted first on :8/12/13

Story of a Junior Lawyer who exposed nexus of corruption between prosecutors and judges and then could never practice in any court

I have only faint memory of a purported true story which I remember to have read in Reader's Digest, about 30 or so years ago.

A young lawyer in Britain, when he joined practice of advocacy, saw many instances were there was nexus between corrupt prosecutors and judges. Money used to exchange for bails and such discretionary orders.

He decided to expose the system. His blood was young and hot. He felt it not necessary to consider future consequences of his action.

He went to Chief of Police. He expressed desire to run a sting operations. If he ran such sting operations without permission of law, he could be charged with attempted blackmail or attempted extortion or attempted bribe cases and he could find himself embroiled into trouble while trying to run such sting operation.

The Chief of Police gave him permission to run sting operation on one condition. Everyday evening, he was required to deposit original tape recorded cassettes in police station. (Probably at that time CD and Spy Camera were not invented)

The lawyer agreed. For one month he kept recording conversations of all public prosecutors and judges who were corrupt.

After one month, his sting operations were over. His complaint registered. Scandal broke out. He became a media-hero. Shot to publicity overnight. The Government took prompt actions. The corrupt judges and corrupt prosecutors were suspended and prosecutions initiated against them. Lawyers regulatory body also took action. License to practice law of these corrupt lawyers and judges were suspended.

So far so good. After six months, everyone has forgotten about his great courage and social service. He found that no cases were coming to him. His colleagues and friend lawyers were afraid to talk with him. He felt he was being avoided by his peers. All other judges and lawyers looked upon him with some kind of suspicion and fear in their eyes.

The situation become unbearable for Junior lawyer. In absence of cases, it became very difficult for him to survive in profession of law.

Finally, he left city. He left District. He went to another city were he was not known. There he started his practice of law from scratch.

After some years, I read his story in Reader's Digest, as per my remote memory. (about 30 years ago)

Moral of this story:

Frankly, I do not know. I cannot say that this Junior advocate did right thing in a right way. I also cannot say that he did any wrong things. There are certain schemes of God under which all of us are driven to do certain things regardless of thinking whether they are against our survival of us or not. I can only say that whatever God does, he must be doing for good of all of us. He could be sacrificing one of us for the benefit of masses. His ways are difficult to fathom.


Haresh Raichura
(Lawyer, Supreme Court of India), on twitter @hareshraichura, profile on LinkedIn as Haresh Raichura
Posted first on : 8/12/13
Blog post 938

Do you know why some people are more successful than others? Do you know what is EGO DRIVE? (7 lines post)

Psychologists have different meanings to Ego Drive. Different people have defined this differently. One meaning is "Strong NEED to convince others of our view"- yes...even in small and inconsequential matters!

Perhaps people who have strong "Ego Drives" become more successful than people who have less "Ego Drives"

CONTRARY VIEW: I have found that many criminals also have such "Strong Need to Convince others of their views".And therefore, they are today in jail.



Haresh Raichura
(Lawyer, Supreme Court of India), on twitter @hareshraichura, profile on LinkedIn as Haresh Raichura
Posted first on : 7/12/13  937

Being methodical - time each step of your work and personal life - like a Dentist #Inspiration #SelfImprovement

A couple of years ago, a US based top Indian doctor, in collaboration with World health Organisation, published a book called "Checklist". The book became instantly hit, a New York Times best seller.

The point in the book was :

Large number of heart attack patients all over world are dying not because of heart attacks, but they are dying because when they are brought to hospital, the doctors do not follow any standardised or pre-decided procedure.

The book said all human beings are prone to errors. But the best protection against errors of human mind is CHECKLISTS.

As per book, the professionals all over world, need to be taught certain standard checklists to be followed while doing their work. When you are completing a predetermined checklist in your mind or on paper, certain cognitive process goes in brain which guards against human errors of mind.

After reading this book, I read all other books of this author also. What he was saying was making sense to me.

And then I saw this type of method methodically used by a dentist, Dr. Aseem Gupta in Delhi, when I met him about five years ago.

I noticed two methods in him which impressed me.

1) Every step in treatment which he was doing, during treatment, he had a pre-decided protocol and time. It looked as if in his mind, he was checking off some kind of checklist, during the procedures of treatment.

At first I thought that all dentists must have been trained in their colleges to follow such methods.

But when I met other dentists, I felt that all dentists were not taught such protocols. I did not saw any other dentist following some kind of checklist in his mind while doing treatment.

I think in every profession, be it Medical or a Legal, the apex regulatory bodies must prepare and publish some kind of checklists for use of professionals.


Now, since some years, checklists method has been introduced in Supreme Court of India. We are required to feel up a fix checklist before filing a case. But after introducing this method few years ago, Supreme Court has become lax. This check list has become outdated and no one is interested in making it up to date or revising it. It has become obsolete.

The CHECKLISTS, wherever used, has power of creating a cognitive defence system which guards professionals against human errors.

And the truth is, though knowing this, I am also not following any kind of checklist while doing my professional work.


2) Another thing I learned from this Dentist was, whenever I went to his clinic at appointed time, his clinic looked empty. No crowd of patients.

When I inquired about this, he gave answer that when he is treating any patient, he would like to give his total attention to that patient only and to nothing else. So when he gives an appointment, he makes sure not to give same or overlapping time to any other patient. If no other patient is waiting in waiting room of his clinic, then he would be more comfortable and he could pay better attention to the patient whom he may be treating.

I found that his both above methods, need to be considered by all professionals in India.

In fact, I think that these methods can also help all other people in their life apart from professionals.

Haresh Raichura
7/12/13







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Do you know that no FIR by police or CBI can be registered without permission of Chief Justice of India against any SC or HC judge?

Right now I am not clear whether and how far this law protects retired judges of HC or SC.

But once there has been an extensive debate in Supreme Court on this issue.

CBI had materials to prove that one HC judge was guilty under Prevention of Corruption Act.

The question arose :

How to protect Judges against police and CBI's FIR or inquiries?

If you say that no protection is required, then each judge will be at mercy of each police and CBI inspector.

A false complaint can also be registered against judge to influence his decision in some other case where stakes may be of millions or where some big minister could be involved.

Ultimately, after debates over months, it was resolved like this:


The Investigating officer had to place such material or complaint before Chief Justice. Then Chief Justice decides whether investigating agency should be allowed to register FIR or not.

The purpose of this safeguard is to protect Independence of Judiciary and to allow judges to judge fearlessly and at the same time, to see that a guilty judge can also be prosecuted.

This debate was in SC many years ago. This article is from my remote recollections.
For exact knowledge, case law need to be examined.


Haresh Raichura
6/12/13





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Main reason why Supreme Court has no powers to take any administrative action against any retired High Court or Supreme Court Judge

Do you know that Supreme Court of India is considered STRONGEST SUPREME COURT in the whole world?

The reason is, the Constitution has ensured they can judge without fear of anyone.

No one can stop salary of any Supreme Court or High Court Judge.

There is no Mr. BOSS who can pass any stricture against any judge of High Court or Supreme Court. Once they are appointed as permanent judge, no one except Parliament can remove him.

If you think that Chief Justice of India has any power to pull up any judge of HC or SC, again you are MISTAKEN.

Even he has no power to censure any judge.

But suppose if some Judge starts behaving in undeserving manner in court premises , then what?

Then a group of three to five judges form a committee.

They call the judge and ask him if what he is doing is proper for a great judge like him?

The erring judge understands and corrects his behaviour on his own.

This is called peer pressure technique.

(In one poem, I had written that they take the erring judge in a secret corner of court and then physically beat him up! Poets have freedom to write such things! For others, it is contempt of court to write such things)

Haresh Raichura
6/12/13






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A beggar with high faith on God and who refused to accept alms/donation less than his demand.

This is from my childhood memory. A beggar used to accept alms from only one person in a day and not anything less than what was demanded by him.

From Morning to evening, he will start moving in street shouting "Bhagwati ne Jagad Shamla! (Meaning: O Lord Krishna, arouse compassion in some of your devotee )

If some one will try to give him alms, he will state his demand. He will not accept less than what he had fixed. And he will accept alms only from one person per day.

Sometimes he had to keep shouting and walking for long hours. But in the end, by the end of day, some kind person will give him what he had fixed.

Point: These all are matters of Faith on God. To some people God is a real force. He tests faith of devotee before granting his wishes.



Haresh Raichura
4/12/13


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Evil of bribes in court premises by staff working in courts #Law #India #Judiciary

This evil is so wide and prevalent, it's size is so big, that it is difficult for anyone to take action.

Firstly, few litigants come forward to lodge complaint about it.

Secondly, it is duty of Chief Judge to take actions. But usually he had come on transfer recently and was due for promotion shortly, so he would avoid taking actions on his own without any specific complaint.

Once a former Chief Justice of a High Court, visited lower courts in plain dress, checked, noted names, and next day notices were issued to erring staff.

He became instantly unpopular.

When he retired, High Court Bar did not give him farewell party. (May be for different reasons).


This is a social evil. Size of evil is very big.

In Supreme Court, now there are CCTV camera everywhere. So the evil has reduced.


Haresh Raichura
4/12/13

Inspired by a news item in today's TOI


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Main reason why Narco Analysis cannot be Forced on Accused (in 4 lines) #Law #India #Judiciary

Art.20(3) is a fundamental right which says that no one will be forced to give evidence (or statement) against himself.

In Narco Analysis, a person in a drugged state, is asked to give statement. Therefore it cannot be forced.

Haresh Raichura
3/12/13




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SC to HC : Please say nothing which may aggravate disputes between Husband and Wife

A wife wanted maintenance from Husband. (Under Hindu Marriage Act)

Husband refused to give maintenance and said, "When we married, we both were minors. So our marriage was not valid. So I am not liable to pay any maintenance to wife. There is no marriage in eye of law."

Trial court gave judgement in favour of husband.

Wife went to High Court. High Court said,"If husband is right in saying that there is no marriage in eye of law, then it will be open to wife to prosecute husband for rape under Sec.376 of IPC."

Husband approached Supreme Court.

Supreme Court observed that no one in courts below had tried to resolve their dispute through mediation. Duty of court is to try to see if the disputes between husband and wife can be resolved through mediation. High Court should not have made observations which may aggravate disputes between husband and wife.

My take: Supreme Court in above case deleted the observation of High Court. It is correct that observations of High Court were not required in deciding a civil case. But the realities remain- the wife is entitled to maintenance. From whom she will get and how?

I am not clear about law in such cases.


Haresh Raichura
3/12/13

(Read a judgement dated 23/9/13)

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Do you know that age of "Minor"' is 16 Years under Sec.363A of IPC? #Law #India #Judiciary

Sec.363A prescribes punishment for kidnapping a minor for purpose of begging.
It says "Minor" means a - in case of a male, a person under 16 years of age. In case of female, a girl under age of 18 years.

Does this law make any sense to you? At least I am unable to make out any sense as to why such discrimination between a boy and a girl when they are kidnapped for begging purpose.

I have feeling that most of the laws relating minors are in mess. Some NGO could do well to make it it's main object to clear mess among various laws in India.


Haresh Raichura
3/12/13






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Do you know what keeps going on in mind of a Judge when he is giving death sentence to a convict?

I know a former Supreme Court Judge. He never gave death sentence to anyone. Probably he believed that "Human beings are inferior to God. The God has not given us power to give life to someone. So we legitimately we have no right are to take anyone's life."


On other hand, I have seen a Judge who thought that it was a pious duty of a Judge to give death to brutes who have taken lives of other innocent persons. He also gave a Death Sentence a lawyer who was practising in his own court.

All Judges are somewhere between these two views.


Law gives power to every judge, upward a District Judge, to award a Death Sentence to convicts.

The mind of a Judge works in two parts:

1) First, he is focused on only one issue. Is it proved that this man has committed crime beyond any reasonable doubt? Is the conviction in accordance with facts and law?

He checks and rechecks every single piece of evidence. Here, he probably does not think whether the man should be given Death or not. His sole attention is to decide whether the man has committed crime or not.

2) Once he decides that the man has committed a crime which is also punishable with death, then that issued is closed and locked in mind of Judge. He no more have to think further or to hear further on whether the man has committed crime or not.

Now he is solely focused on one issue - Should the man be given death sentence? Or should he be give jail term for life?

He asks lawyers of both sides to argue on this issue only as much as they want. The lawyers put one by one factors of case in mind of Judge. The Judge keeps listening with all the attention he can give.

Then his mind becomes "charged".

Something clicks in his mind. Some voice inside him strongly and clearly tells him whether death should be given or jail for life should be given.

To check this voice doubly, he thinks aloud. He lets lawyers know about direction in which his mind is going. He lets lawyers argue further till he becomes sure about his decision.

And then he passes order of Death sentence or of Jail for Life. During the process, his mind remains charged with facts of the case.

The Judge is least bothered about what media will say, or what TV debates will say etc. In fact, he keeps himself away from reading or viewing such debates, to keep his mind free from any prejudice.

He keeps himself focused only on what is being spoken in court and what is in case papers and he lets nothing else enter in his mind.



Haresh Raichura
2/12/13






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