UP Govt can give relief to million families by permitting Anticipatory Bails in family disputes like 498A, Dowry
At present, except in UP, in all other states in India, there is provision for anticipatory bail in such cases.
These are called Sec. 438 Cr. PC proceedings. This gives instant relief to families who fear arrest in false cases by estranged wife and in laws.
In UP, no such provision. So people of UP have to rush to High Court at Allahabad or Lucknow, to seek 'not to arrest' orders in such cases.
This is causing lot of harassment to people.
If by an ordinance, anticipatory bail is made possible in family-related criminal cases in UP, it can give relief to million of families who will feel a little assured against false cases.
Until such ordinance or law is passed, administrative direction can be issued by UP Govt
In fact, govt can even issue an administrative direction that in such cases, parties of husband family need not be arrested but can be directed by police to appear in court on a date given, so that there they can get regular bail under Sec.439
Something really needs to be done in this direction.
Haresh Raichura
30/6/2013
June 30, 2013
Probably, there are no rules for granting long paroles to paralytic and bedridden prisoners. Waste of Govt money.
Probably, there are no rules for granting long paroles to paralytic and bedridden prisoners. Waste of Govt money.
Parole, means a prisoner is granted leave for few days to go home to attend some family event or for treatments. Such paroles are usually for 15 days to 30 days.
Laws are codifications of Reasons. If a law is controlling movement of any person, then there are supposed to be some reasons behind it.
But I see no reasons in keeping minor criminals in jail suffering from paralysis, parkinson disease, partial lung failures above 40%, or otherwise bedridden and constantly in need of medical support.
I have seen such clients. I have also come across orders where long parole are refused as there do not appear such rules.
Now science has produced foot-cuffs with GPS devices. Then such prisoners can be released on long paroles by jail authorities. This can reduce financial burden of State in keeping such prisoners in jail.
- Haresh Raichura
30/6/13
Parole, means a prisoner is granted leave for few days to go home to attend some family event or for treatments. Such paroles are usually for 15 days to 30 days.
Laws are codifications of Reasons. If a law is controlling movement of any person, then there are supposed to be some reasons behind it.
But I see no reasons in keeping minor criminals in jail suffering from paralysis, parkinson disease, partial lung failures above 40%, or otherwise bedridden and constantly in need of medical support.
I have seen such clients. I have also come across orders where long parole are refused as there do not appear such rules.
Now science has produced foot-cuffs with GPS devices. Then such prisoners can be released on long paroles by jail authorities. This can reduce financial burden of State in keeping such prisoners in jail.
- Haresh Raichura
30/6/13
June 29, 2013
100% Sure way to speed up Civil Cases in India: Adopt a US Rule of serving a Judgement on other side
100% Sure way to speed up Civil Cases in India: Adopt a US Rule of serving a Judgement on other side
Just today I read about a US Civil Court Rule:-
It says:
Ten days before starting of argument of a case, lawyer of one side will suggest a draft judgement of case and will serve its copy on lawyer of other side and his client.
If lawyer of other side and his client agree to this proposed Judgement, the court clerk will draw up judgement accordingly. Case will be over.
This is an excellent idea. Many cases may finish at this stage before arguments in court begins.
The drawing of a judgement, means analysis of evidence, and analysis of applicable laws and result.
This helps other side lawyer to convince his client whether they are likely to win case or not. They can also serve their suggested Judgement if they wish.
This will save lot of labour of Judge to analyse evidence on record and laws.
If this system works in other countries, why it cannot work here in India ?
If Parliament has no time to introduce this rule in Civil Code, no problem.
Supreme Court or High Court can lay down this practice direction.
Haresh Raichura
29/6/13
Just today I read about a US Civil Court Rule:-
It says:
Ten days before starting of argument of a case, lawyer of one side will suggest a draft judgement of case and will serve its copy on lawyer of other side and his client.
If lawyer of other side and his client agree to this proposed Judgement, the court clerk will draw up judgement accordingly. Case will be over.
This is an excellent idea. Many cases may finish at this stage before arguments in court begins.
The drawing of a judgement, means analysis of evidence, and analysis of applicable laws and result.
This helps other side lawyer to convince his client whether they are likely to win case or not. They can also serve their suggested Judgement if they wish.
This will save lot of labour of Judge to analyse evidence on record and laws.
If this system works in other countries, why it cannot work here in India ?
If Parliament has no time to introduce this rule in Civil Code, no problem.
Supreme Court or High Court can lay down this practice direction.
Haresh Raichura
29/6/13
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