The law of life Imprisionment is uncertain from various aspects.
A criminal who is sentenced to life imprision is not certain about how many years he may have to spend in jail.
Higher the sentence, higher the chances of criminal absconding and not returning to jail. If life Imprisionment means jail up to his death, then he may not have reason to return to jail once he gets out on temporary leave. He may become a more dreaded criminal.
Until few years ago, the criminals had hopes that after 14 years, they may be released. Hence they continued to pass time in hope of rehabilitating themselves back in society after 14 years or sometime.
Now, at present, there is a little uncertainty in judicial pronouncements on this issue.
Haresh Raichura
28/4/2014
April 28, 2014
April 27, 2014
"Borrow, Steal or Loot, but pay maintenance to wife - When SupremeCourt will revisit this law in India?
The law does not recognise inability of husband to pay maintenance to his wife and children.
The popularly known rule is "Borrow, steal or loot, but pay maintenance to your wife and children.. Or go to jail"
This rule is inhuman.
Today a very poor husband came to my office.
I advised him
1) Do not expect from me that I will be able to make any changes in this law.
2) Apply to an Insolvency Court to declare yourself an insolvent.
3) Then be prepared to be jailed.
The facts of husband's case are very hard. But I prefer not to discuss it. The husband is in suicidal mode. Many husbands like him have already committed suicides. But reports have not reached where they ought to have reached.
Courts are unwilling to examine husband's poverty or his incapacity to pay.
Because the law of Sec.125 of Cr.PC. is an original Colonial Law enacted in those time to meet social conditions of those era. Thereafter, it is being followed but I do not find any citation where law can refuse maintainance on the ground that husband is living below poverty line or on the ground that he is living hand to mouth. Jail is his option if he is unable to pay.
Perhaps, the law here is supposed to be blind.
Haresh Raichura
The popularly known rule is "Borrow, steal or loot, but pay maintenance to your wife and children.. Or go to jail"
This rule is inhuman.
Today a very poor husband came to my office.
I advised him
1) Do not expect from me that I will be able to make any changes in this law.
2) Apply to an Insolvency Court to declare yourself an insolvent.
3) Then be prepared to be jailed.
The facts of husband's case are very hard. But I prefer not to discuss it. The husband is in suicidal mode. Many husbands like him have already committed suicides. But reports have not reached where they ought to have reached.
Courts are unwilling to examine husband's poverty or his incapacity to pay.
Because the law of Sec.125 of Cr.PC. is an original Colonial Law enacted in those time to meet social conditions of those era. Thereafter, it is being followed but I do not find any citation where law can refuse maintainance on the ground that husband is living below poverty line or on the ground that he is living hand to mouth. Jail is his option if he is unable to pay.
Perhaps, the law here is supposed to be blind.
Haresh Raichura
SC should hear at earliest, Freedom of Expression - FIRs & 66A are not signs of a strong democracy. Courts must protect freedom of expression
The spirit of freedom is " I may hate what you say. But I will stand up with you for your right to speak your mind and for your freedom of expression."
The recent trend in India of slapping FIR and 66A cases, for speeches made on public platforms and on social media, does not speak well about freedom of expression here.
It is sad that cases is filed for drawing caricature or cartoons of representatives of people. People have right to criticise them. Drawing cartoon and caricatures are also artistic ways of expression.
Petitions regarding validity of such cases are pending in Supreme Court. Such issue should be decided at earliest.
It is on shoulders of courts to protect freedom of expression.
Haresh Raichura
27/4/2014
The recent trend in India of slapping FIR and 66A cases, for speeches made on public platforms and on social media, does not speak well about freedom of expression here.
It is sad that cases is filed for drawing caricature or cartoons of representatives of people. People have right to criticise them. Drawing cartoon and caricatures are also artistic ways of expression.
Petitions regarding validity of such cases are pending in Supreme Court. Such issue should be decided at earliest.
It is on shoulders of courts to protect freedom of expression.
Haresh Raichura
27/4/2014
All India Judges Association Case
1992 (1) SCC 119 Directions regarding service conditions of judges
April 26, 2014
It could be meaningless to classify people into Honest and Dishonest Catagory. These criteria are not verifiable.
"Honest People" = Much is known about their honesty. Little is known is about their dishonesty.
"Dishonest People" = Much is known about their dishonesty and little is known about their honesty.
If the above two are true concepts, than chances are that our perception may not be true.
Truth about a person may not be knowable.
It is possible that misinformation can be pumped into public domain through media. From media, this misinformation can enter in our mind.
The exercise of our mind to brand a person as "Honest" or "Dishonest" may be futile.
Haresh Raichura
24/04/14
"Dishonest People" = Much is known about their dishonesty and little is known about their honesty.
If the above two are true concepts, than chances are that our perception may not be true.
Truth about a person may not be knowable.
It is possible that misinformation can be pumped into public domain through media. From media, this misinformation can enter in our mind.
The exercise of our mind to brand a person as "Honest" or "Dishonest" may be futile.
Haresh Raichura
24/04/14
Think Like Judge : Actions are classified by Law as 1) Actions according to law, and 2) Not according to law
This is how legal system works.
When a man is produced as an accused in court, it is not possible for a judge to know with certainity, whether he is a good person or bad person.
What is possible for a judge to know is
1) To ascertain what exactly is the action attributed or relatable to this person
2) Whether the said action is in accordance with law or not.
These are the areas where there can be some certainity.
These are the areas on which judges prefer to hear lawyers.
The true role of lawyers is to assist judge in arriving at correct conclusion in these two areas.
Haresh Raichura
24/04/14
When a man is produced as an accused in court, it is not possible for a judge to know with certainity, whether he is a good person or bad person.
What is possible for a judge to know is
1) To ascertain what exactly is the action attributed or relatable to this person
2) Whether the said action is in accordance with law or not.
These are the areas where there can be some certainity.
These are the areas on which judges prefer to hear lawyers.
The true role of lawyers is to assist judge in arriving at correct conclusion in these two areas.
Haresh Raichura
24/04/14
April 25, 2014
"CBI" and "CBI Court" are different. CBI courts are not under CBI
CBI is an investigative agency specially constituted under Delhi Police Act.
It has power to investigate notified cases. Mostly about corruption in public offices.
The High Courts have designated certain courts as "CBI Courts" where cases filed by CBI are conducted as per law.
CBI Courts are in no way under CBI
Haresh Raichura
28/04/2014
It has power to investigate notified cases. Mostly about corruption in public offices.
The High Courts have designated certain courts as "CBI Courts" where cases filed by CBI are conducted as per law.
CBI Courts are in no way under CBI
Haresh Raichura
28/04/2014
How many 498A cases can be filed by wife on husband and his family?
Suppose if a wife and husband lives together for 30 days. Then they part.
Wife files 30 cases of 498A, one case for incident of each day. Second case for incident of second day and so on.....
Is this permissible?
The answer is Yes and No both.
Yes, because each complaint indicates an offence of a different date. Each offence is separate. Each case can be tried separately.
No, because this is an abuse of process of court. Courts have two types of powers to prevent such abuse.
1) Higher Courts can quash such cases if it is convinced that this is an abuse of process of law.
2) Lower Courts can club all such cases as one case and can try all cases as one case. Relevant provisions can be found in Code of Criminal Procedure,1973
Haresh Raichura
28/04/2014
Wife files 30 cases of 498A, one case for incident of each day. Second case for incident of second day and so on.....
Is this permissible?
The answer is Yes and No both.
Yes, because each complaint indicates an offence of a different date. Each offence is separate. Each case can be tried separately.
No, because this is an abuse of process of court. Courts have two types of powers to prevent such abuse.
1) Higher Courts can quash such cases if it is convinced that this is an abuse of process of law.
2) Lower Courts can club all such cases as one case and can try all cases as one case. Relevant provisions can be found in Code of Criminal Procedure,1973
Haresh Raichura
28/04/2014
Reward of a work done - "Having Done" it.
Ask value of work to a workless person.
Blessed are the persons who have some work to do at hands.
Still some have work, but they do not feel motivated to do it.
The problem of motivation is often a "Problem of not seeing a worthwhile reward" for doing a job.
Money is a reward for various things we do.
Gradually money or some reward becomes a necessary motivation to start us on some work.
If we see no reward, we do not feel motivated do the work.
We should try to find rewards other than money in work that is in front of us.
Every work done, brings with it some reward.
Experience. Expertise. Confidence. Name. Fame. Health. Knowledge. Habit.
These rewards of a work are not visible easily.
But observe some people who may be doing their work well. To them, to do a work well is the reward.
Take a deep breath. The reward of taking breath is the act of breathing itself.
Every work done, is a reward by itself.
If, we can convince our mind.
Haresh Raichura
29/04/2014
Blessed are the persons who have some work to do at hands.
Still some have work, but they do not feel motivated to do it.
The problem of motivation is often a "Problem of not seeing a worthwhile reward" for doing a job.
Money is a reward for various things we do.
Gradually money or some reward becomes a necessary motivation to start us on some work.
If we see no reward, we do not feel motivated do the work.
We should try to find rewards other than money in work that is in front of us.
Every work done, brings with it some reward.
Experience. Expertise. Confidence. Name. Fame. Health. Knowledge. Habit.
These rewards of a work are not visible easily.
But observe some people who may be doing their work well. To them, to do a work well is the reward.
Take a deep breath. The reward of taking breath is the act of breathing itself.
Every work done, is a reward by itself.
If, we can convince our mind.
Haresh Raichura
29/04/2014
April 24, 2014
Foreign Account Tax Compliance Act - What does it mean? #FATCA
FATCA is a new law entering in India, which requires governments and other financial institutes to provide informations about foreigners who may be holding bank accounts in their countries.
The purpose of this new law is prevent avoidance of tax by people who open bank accounts in different countries.
The regulatory bodies, rules etc will be under SEBI and under CBDT.
This law is likely to affect individuals and corporations both.
Many NRI from US, UK, Dubai, etc countries have bank accounts in India.
The authorities of country where FATCA is applicable, are bound to supply this information to other country.
Haresh Raichura
24/4/14
The purpose of this new law is prevent avoidance of tax by people who open bank accounts in different countries.
The regulatory bodies, rules etc will be under SEBI and under CBDT.
This law is likely to affect individuals and corporations both.
Many NRI from US, UK, Dubai, etc countries have bank accounts in India.
The authorities of country where FATCA is applicable, are bound to supply this information to other country.
Haresh Raichura
24/4/14
April 22, 2014
Three Life Skills of A Fish
Fish is primary form of life.
It's life skills can be categorised in three catagory.
1) It has to keep moving in water to stay alive.
2) It has to take in and out water and food. Too much intake of food can kill it.
3) It has eyes. It has to keep scanning waters to see opportunities and risks.
If it sees opportunity, it has to rush to grab it. If it sees risk, it has to escapes.
Some baits look like opportunities. These trap are to be avoided. It has to avoid it.
This is it. These are the basic skills.
Haresh Raichur
22/4/2014
It's life skills can be categorised in three catagory.
1) It has to keep moving in water to stay alive.
2) It has to take in and out water and food. Too much intake of food can kill it.
3) It has eyes. It has to keep scanning waters to see opportunities and risks.
If it sees opportunity, it has to rush to grab it. If it sees risk, it has to escapes.
Some baits look like opportunities. These trap are to be avoided. It has to avoid it.
This is it. These are the basic skills.
Haresh Raichur
22/4/2014
April 19, 2014
What are the Money Laundery (BLACK MONEY) Laws in #India? Mere filing of a complaint can deprive a person from all his such properties #BlackMoney #KnowHow
WHAT IS MONEY LAUNDERING ?
When a person uses or invests black money, he may be indulging in an act of Money Laundering.
A person who makes money by doing illegal activities, invests his money in Banks, in Gold, or in Properties, or in Cars.
All these things are liable to be confiscated by government under this law.
WHAT ARE MONEY LAUNDERING LAWS?
The Prevention of Money Laundering Act, 2002 is passed by
Parliament to confiscate properties of purchased with illegal money or which can be related to ill gotten money. (Fruits of illegal activities)
How money laundering Law works?
If a person is found out doing illegal activity like smuggling, hawala, etc, the Police or the custom Officers file a complaint in a Criminal Court, making allegations against the person.
As soon as the complaint is filed, the money laundering Law
authorities got power to attach and to confiscate of properties all these
persons.
Even if the later, the
complaint or allegations are not proved and even if the person is acquitted, the property can
still remain confiscated to the Government.
Why such a harsh law?
The money laundry authorities are not concerned with the
allegations of Crime.
That is for
Criminal Courts to decide.
The money
laundering authorities, simply attached the properties and ask a person to show
that the properties which are purchased, are purchased from his legal Income.
If the person fails to prove, the properties are confiscated to the Government.
That's it. Simply put.
What are the safeguards for protecting a person's legally acquired property?
As soon as properties are attached, the person is given a show cause notice to disclose legal sources from which thiese properties are purchased.
Adjudicating Authority decides after hearing him. If order is against him, he is given right to file appeal to Appellate Tribunal at New Delhi.
Adjudicating Authority decides after hearing him. If order is against him, he is given right to file appeal to Appellate Tribunal at New Delhi.
The Appellate Tribunal strictly interprets the
Law and decided his Appeal.
If he is not
satisfied he can go to High Court and Supreme Court.
HARESH RAICHURA
19/4/2014
References:
1. The
prevention of money laundering Act, 2002.
2. The prevention of money laundering (Amendment) Act, 2013
- - The Prevention of Money-Laundering (Forms,
Search and Seizure and the Manner of Forwarding the Reasons and Material to the
Adjudicating Authority, Impounding and Custody of Records and the Period of
Retention) Rules, 2005
The Prevention of Money-laundering (Manner of
Receiving the Records Authenticated outside India) Rules, 2005.
The
Prevention of Money-laundering (Appeal) Rules , 2005.
The Adjudicating Authority (Procedure)
Regulations, 2013.
Price of medicine prescribed by your Doctor could be 50% or more than price of same medicine in other brands. Check and consider Buying online
The online marketing of medicines has its own competitive advantages.
The patients often suspect that their Doctor is prescribing too much costly medicines though medicines of same salts are available at 50% less rate in other brands.
I found a useful India related website offerring comparison and selling medicine on delivery at your doorstep at price is rupees.
Once I checked and compared, I was better informed about prices as well as uses and side effacts of medicines. At a glance I could compare at how much low rate other companies were offerring same salts of medicines.
Once we compare prices on the website, it is up to us to decide whether we should buy prescribed brand medicine or should go for equal medicines which saves 50% on price.
I found that website healthkart.com promises discounted prices and gives doorsteps delivery.
I downloaded its IOS mobile phone application.
Once we compare prices on the website, it is up to us to decide whether we should buy prescribed brand medicine or should go for equal medicines which saves 50% on price.
I found that website healthkart.com promises discounted prices and gives doorsteps delivery.
I downloaded its IOS mobile phone application.
It is also so informative and easy to use.
It also gives basic informations about medicine like uses, side effects, interactions etc.
The comparing prices of same medicine in different brands, itself gives us a lot of insight.
The comparing prices of same medicine in different brands, itself gives us a lot of insight.
The site does require a photo of prescription of doctor.
I found the information so useful that I felt that I should share this information.
Haresh Raichura
19/4/2014
19/4/2014
April 17, 2014
On eve of Retirement of Hon’ble Mrs. Justice Gyan Sudha Misra 27April,2014
On eve of Retirement of Hon’ble Mrs. Justice Gyan Sudha Misra, Judge, Supreme Court of India
(27th April,2014)
In the Mountains of Tibet
Younger Lama asked Elder
Lama
“What can you say about
Justice Gyan Sudha
Misra?”
Elder Lama replied,
“She underlined
something which
No one in Supreme Court
Did in last few years
Younger Lama looked a
bit puzzled
He reflected
But he could not come
across anything
Which Justice Misra had
underlined
In last few years
and other judges had
missed it
After reflecting for
sometime,
He asked again
“What did she
underlined?”
Elder Lama replied,
“Judges here and everywhere else,
Listen to lady advocates
Kindly, Sympathetically
and Dismissively
“They do not give much
weight to what they argue
‘All women's minds are
emotional
All men's minds are
logical,
Therefore, all lady
advocates' arguments
Are bound be emotional
And not logical
And therefore irrational
And therefore not that
important’
"And therefore they
look upon them protectively!
“But this does not help lady
advocates
This does not correct them
This does not help them
In making more rational
arguments next time.
Graces of Judges
Have never done good to anyone
“On the other hand in
cases of male advocates
Judges come down
scathingly on them,
Whenever they argue
irrelevant!
This helps male
advocates to quickly understand
What works and what does
not work
In Supreme Court or in
any other court.
They therefore come out
sharper and better
after each argument”
Elder Lama thus explained
The eternal
discrimination of Judges,
All over world,
Towards lady advocates
Being too
kind and too soft to
lady advocates
Was not helping them to
grow up
In otherwise tough battlefields of Court !
Younger Lama listened to
Elder Lama
Then he asked again,
“And how did Justice Misra gave hearings to lady
advocates?”
Elder Lama replied,
“She listened to them
without being biased by their gender
When they argued
irrelevant,
She bluntly and curtly
told them so!
She was also rough and
tough on them,
Whenever they argued
irrationally
"But then she told
them which questions were relevant,
And which were not
"She gave them time
to prepare on relevant questions
And asked them to come
prepared on next date!
She thus used to force
them
To do homework
And to come better
prepared
"And this helped
many lady advocates
in becoming better advocates
in Apex Court
Elder Lama thus
explained the difference
Which Justice
Gyan Sudha Misra had
underlined.
(2)
“Why do male judge
always look gender biased?
Why do they always look
kindly at lady advocates?
Is it wrong to look
kindly and protectively at Lady advocates?
Younger Lama asked
troublesome questions
Elder Lama gave him
troublesome answers
“Men play one favorite game on
All women
All the time
All over the world
Since many many
centuries...
This game is defined by
psychologists as
'I Make You Feel-Good-Game'
And this makes all women
all over world
Dependant on men
And creates in them
A necessity to “Feel
Good”
This is the Law of Human
Nature"
Said the Elder Lama
(3)
Younger Lama asked again,
“How would you describe
Any one best quality of
Justice Gyan Sudha Misra?
Elder Lama replied,
“She is a Fighter”
This confused Younger
Lama once again
All lawyers and judges
are supposed to be fighters!
Then why did Elder Lama
described
Justice Misra as a fighter?
He wondered
Elder Lama explained,
“All of us are not true fighters.
Whenever we have to
fight
We keep a safety net
ready to fall upon
Justice Misra used to
fight without safety nets
"We live with a safety
net of conventions
As a child we learned
That our safety lies in
our family,
So we accepted all
conventions of our family
As we grew
up, we learned
That our safety lies in
our social circles
So we accepted all
conventions of our circles
When we joined any
institution,
We learned that our
safety lies in Institution's Conventions,
So we accept all
conventions of our Institution
We thus developed a
habit of fighting
With a safety net
We seldom fight against
conventions
A person who can fight against conventions
Is truly a fighter
He fights without a safety net
Mankind progresses
Whenever any individual stands up
Against conventions,
And does things
Which were not done so far by others.
Justice Misra is one
such person
She fought against many
conventions
As a lawyer
As well as a Judge
Without safety nets of
conventions”
Replied Elder Lama
Then, the two lama
Went down the hills
To beg for daily alms,
Towards the cluster of
huts of poor tribal
-Haresh Raichura
Advocate on Record
Supreme Court
haresh.raichura@gmail.com
April 11, 2014
On Eve of retirement of Hon'ble Chief Justice Mr. Sathasivam Chief Justice of India
On
Eve of retirement of Hon’ble Chief Justice Mr. Sathasivam
Chief Justice of India
On 26th April, 2014
In
the Mountains of Tibets
Younger
Lama asked Elder Lama
“Please,
tell me what do you know
About Justice Sathasivam?”
“He
is a minimalist judge”
Replied
Elder Lama
“In
what way?”
Asked
younger Lama
Elder
Lama closed his eyes
Then
opened again and said,
“Many many centuries ago, the ancient sages
Asked
mankind to follow three presets
Theses
were:
‘Satyam, Sivam and Sundaram’
(Truthfulness,
Wellness and Beautifulness).
But
over time,
It
proved that Sundaram (Beautifulness)
Was
an illusion
A
mirage
Which
led mankind to waste of
Billions
and trillions units of wealth.
Then
the Sages realized that
Only two elements ‘Stayam’ and ‘Sivam’
Were
enough for mankind
It
was not necessary for mankind
To chase
the third element
Called
“Sundaram”.
The
meaning of name Sathasivam is,
‘Satyam’
+ ‘Sivam’
Justice
Sathasivam
Embodied
this message
Through
his life
And
through his work.
---
Haresh Raichura
Advocate on record
Supreme Court of India
Life of a one legged stone breaker - Life of a Lawyer or Judge
My grandfather had a limestone pulverising mill.
Big boulders of limestone used to come in trucks. Then labourers used to break stones into small pieces. The small pieces were then fed into a pulverising mill to make limestone powder.
One day, I saw a woman laborer. She had only one leg. She stood on one leg with a long handed hammer held by her both hands.
She could balance her body on one leg. She could lift hammer with both hands above her shoulders and then let it fall on boulder to break it. She had keep doing this continuously to maintain balance on one leg.
It was an amazing moment. I wished I could take her photo. But in those days, there were no handy mobile cameras.
Her resilance, to live life of a labourer in spite of having only one leg, was awesome.
My mind was frozen in the moment. I tried to take in my mind as much details as possible. I memorised that scene.
This unknown woman shall always inspire me. Whenever I am depressed and overwhelmed with work, the memories of this woman lifts up my spirit.
METAPHOR TO LIVE BY
Imagine for a moment that you are a stone breaker, a labourer. On your left side you have a pile of files to read. Each paper in file contains 100 to 200 hundred words relating to facts of a case.
Your job is to break stones or these words.
Your job is to make sense or legal meaning from the words, and then reduce meaning to few words on a separate sheet of paper. Then you move on to next document.
This is how good judges and good lawyers live.
They are like stone breakers. The facts come to them in long sentences documented on paper. They break them into small pieces.
In this sense, they all are labourers.
And now I remember, Socrates too was a stone breaker by his occupation.
Haresh Raichura
1152
Big boulders of limestone used to come in trucks. Then labourers used to break stones into small pieces. The small pieces were then fed into a pulverising mill to make limestone powder.
One day, I saw a woman laborer. She had only one leg. She stood on one leg with a long handed hammer held by her both hands.
She could balance her body on one leg. She could lift hammer with both hands above her shoulders and then let it fall on boulder to break it. She had keep doing this continuously to maintain balance on one leg.
It was an amazing moment. I wished I could take her photo. But in those days, there were no handy mobile cameras.
Her resilance, to live life of a labourer in spite of having only one leg, was awesome.
My mind was frozen in the moment. I tried to take in my mind as much details as possible. I memorised that scene.
This unknown woman shall always inspire me. Whenever I am depressed and overwhelmed with work, the memories of this woman lifts up my spirit.
METAPHOR TO LIVE BY
Imagine for a moment that you are a stone breaker, a labourer. On your left side you have a pile of files to read. Each paper in file contains 100 to 200 hundred words relating to facts of a case.
Your job is to break stones or these words.
Your job is to make sense or legal meaning from the words, and then reduce meaning to few words on a separate sheet of paper. Then you move on to next document.
This is how good judges and good lawyers live.
They are like stone breakers. The facts come to them in long sentences documented on paper. They break them into small pieces.
In this sense, they all are labourers.
And now I remember, Socrates too was a stone breaker by his occupation.
Haresh Raichura
1152
April 8, 2014
Justice Fakhruddin, one of the best senior advocates in Supreme Court
In last 30 years, I have experience of engaging many senior advocates for cases for my clients.
Among them, few were human beings also.
Among these few, I consider Justice Fakhruddin, as one the best human beings I have met.
In my view, if person can feel your unspoken pains, he is a human being.
When I discussed cases with him, he could tell me what may be the unspoken pains which my client may be hiding in his heart.
Haresh Raichura
1251
Among them, few were human beings also.
Among these few, I consider Justice Fakhruddin, as one the best human beings I have met.
In my view, if person can feel your unspoken pains, he is a human being.
When I discussed cases with him, he could tell me what may be the unspoken pains which my client may be hiding in his heart.
Haresh Raichura
1251
April 4, 2014
Millions of District Court Advocates can inspired if High Courts start selecting HC Judges from District Court Advocates also.
At present, the Collegium in most High Courts in India, select advocates from High Court Bar, for appointment as High Court Judges and for Designation of Senior Advocates.
If this process is expanded and if advocates practising in District Courts are also taken into zone of consideration for appointment as High Court Judges, it can inspire millions of advocates who practice in small districts in India.
It can motivate and inspire them to be competitive and to be the best.
Haresh Raichura
1250
If this process is expanded and if advocates practising in District Courts are also taken into zone of consideration for appointment as High Court Judges, it can inspire millions of advocates who practice in small districts in India.
It can motivate and inspire them to be competitive and to be the best.
Haresh Raichura
1250
April 2, 2014
Supreme Court : No one, including media, has courage to discuss role of lawyers in abstaining from cases.
The hearing of criminal appeal was going on.
What was being read from records, was making everyone sitting in courtroom sad.
It appeared that when a criminal trial was going on, when it came for turn of defence counsel to cross examine witnesses, he just stood up and walked away from trial courtroom.
The trial judge had no option but to go on with the case. Ultimately, accused was convicted and sent to jail. His appal was also dismissed by High Court.
Now his appeal was being heard in Supreme Court.
The Judges were extra cautious. Since accused's counsel in trial court had not cross examined witnesses, burden fell on judges to see that the accused is not convicted on basis of any false statement of any witness.
The judges were pained to read about conduct of defence counsel in trial court.
And then one judge suddenly said,"Everyone accuses judiciary for delay in Justice. Judges cannot give reply in public. No one, including media, discusses role of Bar in abstaining from hearing in trial court."
A senior advocate, who was a retired Judge of a High Court, added, that now situation has gone worse. Sometimes entire Bar goes on strike when any member of bar is facing any criminal trial.
For a minute or so, entire court room went into silence.
Everyone was pondering over the issue. But no one knew what to say.
The issue was painful and sad.
A minute later, the judges resumed hearing of appeal without being prejudiced by what may have happened in trial court.
.......
My view: There are problems in trial court. The atmosphere there is very hot. Sometimes, even before the case starts, Judge makes it known to parties that he is going to convict. The counsel for defence does not see any fair chance of defending his client or presenting case of his client properly. Then possibly, such things may be happening. Or perhaps, there may be other serious problems. Some supervisory body to look into such cases is missing.
Restraint of media is understandable. If anyone publishes anything which is derogatory of bar, the next day they may receive a notice from Bar demanding an apology.. ! These are troubled waters.
Haresh Raichura
1249
What was being read from records, was making everyone sitting in courtroom sad.
It appeared that when a criminal trial was going on, when it came for turn of defence counsel to cross examine witnesses, he just stood up and walked away from trial courtroom.
The trial judge had no option but to go on with the case. Ultimately, accused was convicted and sent to jail. His appal was also dismissed by High Court.
Now his appeal was being heard in Supreme Court.
The Judges were extra cautious. Since accused's counsel in trial court had not cross examined witnesses, burden fell on judges to see that the accused is not convicted on basis of any false statement of any witness.
The judges were pained to read about conduct of defence counsel in trial court.
And then one judge suddenly said,"Everyone accuses judiciary for delay in Justice. Judges cannot give reply in public. No one, including media, discusses role of Bar in abstaining from hearing in trial court."
A senior advocate, who was a retired Judge of a High Court, added, that now situation has gone worse. Sometimes entire Bar goes on strike when any member of bar is facing any criminal trial.
For a minute or so, entire court room went into silence.
Everyone was pondering over the issue. But no one knew what to say.
The issue was painful and sad.
A minute later, the judges resumed hearing of appeal without being prejudiced by what may have happened in trial court.
.......
My view: There are problems in trial court. The atmosphere there is very hot. Sometimes, even before the case starts, Judge makes it known to parties that he is going to convict. The counsel for defence does not see any fair chance of defending his client or presenting case of his client properly. Then possibly, such things may be happening. Or perhaps, there may be other serious problems. Some supervisory body to look into such cases is missing.
Restraint of media is understandable. If anyone publishes anything which is derogatory of bar, the next day they may receive a notice from Bar demanding an apology.. ! These are troubled waters.
Haresh Raichura
1249
April 1, 2014
What can you do if some one threatens to file false case on you and threatens to defame you in media?
What can you do if some one threatens to file false case on you and threatens to defame you in media?
When a person threatens to file a false case against you, he may have two motives:
1) One motive may be to harass you, and to force you into litigation expanses and thereby damage you financially.
2) Secondly, after filing a case, he may give copy of case to media and media will publish the content of this case as "News item" and thereby you will be defamed.
The question is what Preventive Steps you can you take.
1) Mark the word "Threatens" in above paragraph. Collect material evidence of such threats i.e. Phone calls, emails, witnesses etc.
2) Seek advice of a lawyer. Show him all the evidence you have got.
3) He may have two options to help you:
A) He may give a legal notice asking your enemy to restrain from doing what he is threatening to do.
He may give him counter notice that your enemy will be liable to criminal cases of malicious cases and will also be liable for damages in civil court.
He may tell him that if he will publish or leak news about filing of case in media or internet, than too he will be liable in criminal as well as civil law.
Because media is protected only if only "Court proceeding or order" is published.. BUT MEDIA IS NOT PROTECTED IF IT PUBLISHES DEFAMATORY STATEMENTS CONTAINED IN SUCH CASE FILED.
The Lawyer may consider about serving copy of this notice to media newspapers and TV channels and Internet Service Providers.
This can be one preventive step.
2) If threat is serious, if your enemy and media houses ignore legal notice of lawyer, then the lawyer can consider second option.
He can file a case on your behalf in court.
He can say to court that your enemy is required to be restrained from defaming you from doing oral false propaganda against you on internet, and in media etc.
If court is satisfied with evidence shown by your lawyer, it will immediately order your enemy to restrain from publishing any defamatory material either on internet or in media or in otherwise in any manner. It can pass orders against media houses also.
If evidence will show that Threats were coupled with demand of money, than lawyer may also consider filing criminal cases against your enemy for extortion and blackmailing etc.
3) There is also a third option with your lawyer. He can advice you to give PUBLIC. NOTICE IN LEADING NEWSPAPERS, warning people about proposed activity of your enemy and can ask public not to be misguided by your enemy if he publishes false propaganda against you.
These are some of the precautionary steps which your lawyer may advice you.
These are serious steps involving legal coats, benefits as well as consequences.
Your lawyer will weigh everything and will try to advice you what he may consider best for your case.
Haresh Raichura
1248
When a person threatens to file a false case against you, he may have two motives:
1) One motive may be to harass you, and to force you into litigation expanses and thereby damage you financially.
2) Secondly, after filing a case, he may give copy of case to media and media will publish the content of this case as "News item" and thereby you will be defamed.
The question is what Preventive Steps you can you take.
1) Mark the word "Threatens" in above paragraph. Collect material evidence of such threats i.e. Phone calls, emails, witnesses etc.
2) Seek advice of a lawyer. Show him all the evidence you have got.
3) He may have two options to help you:
A) He may give a legal notice asking your enemy to restrain from doing what he is threatening to do.
He may give him counter notice that your enemy will be liable to criminal cases of malicious cases and will also be liable for damages in civil court.
He may tell him that if he will publish or leak news about filing of case in media or internet, than too he will be liable in criminal as well as civil law.
Because media is protected only if only "Court proceeding or order" is published.. BUT MEDIA IS NOT PROTECTED IF IT PUBLISHES DEFAMATORY STATEMENTS CONTAINED IN SUCH CASE FILED.
The Lawyer may consider about serving copy of this notice to media newspapers and TV channels and Internet Service Providers.
This can be one preventive step.
2) If threat is serious, if your enemy and media houses ignore legal notice of lawyer, then the lawyer can consider second option.
He can file a case on your behalf in court.
He can say to court that your enemy is required to be restrained from defaming you from doing oral false propaganda against you on internet, and in media etc.
If court is satisfied with evidence shown by your lawyer, it will immediately order your enemy to restrain from publishing any defamatory material either on internet or in media or in otherwise in any manner. It can pass orders against media houses also.
If evidence will show that Threats were coupled with demand of money, than lawyer may also consider filing criminal cases against your enemy for extortion and blackmailing etc.
3) There is also a third option with your lawyer. He can advice you to give PUBLIC. NOTICE IN LEADING NEWSPAPERS, warning people about proposed activity of your enemy and can ask public not to be misguided by your enemy if he publishes false propaganda against you.
These are some of the precautionary steps which your lawyer may advice you.
These are serious steps involving legal coats, benefits as well as consequences.
Your lawyer will weigh everything and will try to advice you what he may consider best for your case.
Haresh Raichura
1248
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