This article is about some judgedment and some provision of law, because of which, India has become a "ZERO SAFETY NATION".
POINT 1 :
WHERE HAVE WE REACHED AT PRESNT
Only few days ago, a bench of two Judges in Supreme Court was hearing a Habeaus Coupus petition asking for release of some persons illegally confined to Indian jail.
One judge could not help expressing his anguish.
" Article 21 Life and Liberty of an induvidual has alaways been a most jealously guarded subject by Supreme Court.
In fact, we have given a guarantee under Art.32, that we will proretect life and liberty of every individual.!
Remember those days when Hebeaus Corpus petitions, were always listed on top board and petitions were decided in a week...! !
Now ! ! ! Look at this Habeaus Corpus petition which is lingering since 8 years, and the government is still asking for time!
Where have we reached!
Haven't Government Counsels any duty to Court?"
Judges expressed their dismay.
POINT 2 :
WHO SHOULD BE BLAMED FOR PRESENT SITUATION?
I think, Supreme Court itself
should be blamed for the present scenario. I will try to explain why Supreme Court itself is alone responsible for this state where we have reached.
POINT 3:
AN.EYE-WITNESS WHO SHOW POLICE ADMINISTRATION CRUMBLING DOWN TO GROUND ALL OVER THE COUNTRY AFTER A SUPREME COURT JUDGEMENT IN 1983
Scene before 1982.
It was not much better, but at least something better.
A) If a Chief Minsiter asked a PSI to clean her shoes, in front of TV Camera, he could refuse to do so.
B) If a Home Minister asked a PSI to buy 1 Kg Potato from market and deliver it to his home, the PSI could refuse to do so.
(C) If a Chief Minister goes to a police station asking for release of her party members, PSI could tell her, "Madam Chief Minister, this is My Police Station. You have no right to interfere in my investigation. These people are arrested as per law. Go to Court and come with their bail of order."
But now things are different. Police officers are ready to do anything including encounters, to oblige their top bosses.
In my view Change happened due to a 1983 Supreme Court Judgement.
POINT 4 :
WHAT DID I SAW IN 1983
I was actively watching working of police system. My sources of information were newspapers in public libraries.
I was just trying to understand why so many mysterious deaths were taking place across country. I was trying to see if they were following some kind of patterns described in Sherlock Homes Books.
In this books, the detective said, "All kind of crimes of world, follow only few fixed patterns. Once you identify these few patterns, you can find out who committed crime in few minutes even without going out of your room!."
He said all crimes can be solved by sitting in a room by following deduction methods.
Just then I read in newspaper, a land mark judgement of Supreme Court.
POINT 5:
WHAT DID THIS SUPREME COURT JUDGEMENT SAID
The judgement said a government servant has no fundamental right to serve at any particular place.
Government can transfer him to any place in India at any time.
There were guidelines on how transfers are to be made to avoid arbitrariness. But Court said, forget about these guidelines. Once we say that you have no fundamental right to serve at a particular place, you can derive no right from these guidelines. The guidelines are for government's internal working.
No Stay on Transfers. Sorry. Follow wishes of your bosses.
But why High Court and Supreme Court will not protect a PSI, if a PSI is transferred to a remote place, only on the ground that he refused to polish shoes of Chief Minister?
Court Said: You have to prove malafide after joining Chief Minister and proving prima facie evidence of malafide.
(An impossible thing to do)
And in anyway, we can't grant you any stay. First, Join at transferred place and then we will hear your case as per availability of date of listing your case. Normally we give next date of hearing after six months, but in your case, we will give next date after four months.
POINT 6. NET RESULT OF ABOVE LAW;
Few Days ago,
1) On TV, we saw a police officer cleaning shoes of chief minister.
2) On TV, we saw that a police officers arrested two persons of a political party. Chief Minister herself goes to police station and the accused are released.
3) Fake encounter by police of UPA party workers in BJP ruled states and Fake encounters by police of BJP workers in UPA ruled states.
CONCLUSION: Every police officer, in India serves at the mercy of Chief Minister and Home Minister. If he does not carry out investigation or encounters as per wishes of minister, he can be transferred to any remote place any time.
Every CBI Inspector is at mercy of Union Home Minister. If he does not investigate as per wishes of Home Minister, he can be transferred to any remote place .
No courts will grant any stay against transfer as per law as I understand since 1983
These brave people have families and small children studying in school. Welfare of all of them is at mercy of Home Minister or Chief Minister.
How can we expect them to investigate fearlessly?
POINT 7
SAME FATE HAPPENED TO GOVERNMENT PLEADERS, STATE COUNSELS,
PUBLIC PROSECUTORS.
Supreme Court held, all these posts are contractual posts. Prosecutors have no right to post. As soon as Government Changes, it can replace all prosecutors and place new prosecutors who can conduct cases as per wishes of new ministers. So if a minister wants that in certain case all accused should be acquitted, the public prosecutor has to ensure that they are acquitted. Otherwise, he will lose his job.
These State officer, prosecutors, standing counsels, also have family and children studying in school. Why should they take any risk if Courts were not likely to protect their job!
This is why I think that India is "Zero Safety Nation".
CRIME AND JUSTICE WATCHER
INDEPENDENT BODIES should be set up by those rich people who care for India.
Haresh Raichura
24/3/2012
POINT 1 :
WHERE HAVE WE REACHED AT PRESNT
Only few days ago, a bench of two Judges in Supreme Court was hearing a Habeaus Coupus petition asking for release of some persons illegally confined to Indian jail.
One judge could not help expressing his anguish.
" Article 21 Life and Liberty of an induvidual has alaways been a most jealously guarded subject by Supreme Court.
In fact, we have given a guarantee under Art.32, that we will proretect life and liberty of every individual.!
Remember those days when Hebeaus Corpus petitions, were always listed on top board and petitions were decided in a week...! !
Now ! ! ! Look at this Habeaus Corpus petition which is lingering since 8 years, and the government is still asking for time!
Where have we reached!
Haven't Government Counsels any duty to Court?"
Judges expressed their dismay.
POINT 2 :
WHO SHOULD BE BLAMED FOR PRESENT SITUATION?
I think, Supreme Court itself
should be blamed for the present scenario. I will try to explain why Supreme Court itself is alone responsible for this state where we have reached.
POINT 3:
AN.EYE-WITNESS WHO SHOW POLICE ADMINISTRATION CRUMBLING DOWN TO GROUND ALL OVER THE COUNTRY AFTER A SUPREME COURT JUDGEMENT IN 1983
Scene before 1982.
It was not much better, but at least something better.
A) If a Chief Minsiter asked a PSI to clean her shoes, in front of TV Camera, he could refuse to do so.
B) If a Home Minister asked a PSI to buy 1 Kg Potato from market and deliver it to his home, the PSI could refuse to do so.
(C) If a Chief Minister goes to a police station asking for release of her party members, PSI could tell her, "Madam Chief Minister, this is My Police Station. You have no right to interfere in my investigation. These people are arrested as per law. Go to Court and come with their bail of order."
But now things are different. Police officers are ready to do anything including encounters, to oblige their top bosses.
In my view Change happened due to a 1983 Supreme Court Judgement.
POINT 4 :
WHAT DID I SAW IN 1983
I was actively watching working of police system. My sources of information were newspapers in public libraries.
I was just trying to understand why so many mysterious deaths were taking place across country. I was trying to see if they were following some kind of patterns described in Sherlock Homes Books.
In this books, the detective said, "All kind of crimes of world, follow only few fixed patterns. Once you identify these few patterns, you can find out who committed crime in few minutes even without going out of your room!."
He said all crimes can be solved by sitting in a room by following deduction methods.
Just then I read in newspaper, a land mark judgement of Supreme Court.
POINT 5:
WHAT DID THIS SUPREME COURT JUDGEMENT SAID
The judgement said a government servant has no fundamental right to serve at any particular place.
Government can transfer him to any place in India at any time.
There were guidelines on how transfers are to be made to avoid arbitrariness. But Court said, forget about these guidelines. Once we say that you have no fundamental right to serve at a particular place, you can derive no right from these guidelines. The guidelines are for government's internal working.
No Stay on Transfers. Sorry. Follow wishes of your bosses.
But why High Court and Supreme Court will not protect a PSI, if a PSI is transferred to a remote place, only on the ground that he refused to polish shoes of Chief Minister?
Court Said: You have to prove malafide after joining Chief Minister and proving prima facie evidence of malafide.
(An impossible thing to do)
And in anyway, we can't grant you any stay. First, Join at transferred place and then we will hear your case as per availability of date of listing your case. Normally we give next date of hearing after six months, but in your case, we will give next date after four months.
POINT 6. NET RESULT OF ABOVE LAW;
Few Days ago,
1) On TV, we saw a police officer cleaning shoes of chief minister.
2) On TV, we saw that a police officers arrested two persons of a political party. Chief Minister herself goes to police station and the accused are released.
3) Fake encounter by police of UPA party workers in BJP ruled states and Fake encounters by police of BJP workers in UPA ruled states.
CONCLUSION: Every police officer, in India serves at the mercy of Chief Minister and Home Minister. If he does not carry out investigation or encounters as per wishes of minister, he can be transferred to any remote place any time.
Every CBI Inspector is at mercy of Union Home Minister. If he does not investigate as per wishes of Home Minister, he can be transferred to any remote place .
No courts will grant any stay against transfer as per law as I understand since 1983
These brave people have families and small children studying in school. Welfare of all of them is at mercy of Home Minister or Chief Minister.
How can we expect them to investigate fearlessly?
POINT 7
SAME FATE HAPPENED TO GOVERNMENT PLEADERS, STATE COUNSELS,
PUBLIC PROSECUTORS.
Supreme Court held, all these posts are contractual posts. Prosecutors have no right to post. As soon as Government Changes, it can replace all prosecutors and place new prosecutors who can conduct cases as per wishes of new ministers. So if a minister wants that in certain case all accused should be acquitted, the public prosecutor has to ensure that they are acquitted. Otherwise, he will lose his job.
These State officer, prosecutors, standing counsels, also have family and children studying in school. Why should they take any risk if Courts were not likely to protect their job!
This is why I think that India is "Zero Safety Nation".
CRIME AND JUSTICE WATCHER
INDEPENDENT BODIES should be set up by those rich people who care for India.
Haresh Raichura
24/3/2012
