[Assam] Something New -- from ToI
mikemahant at hotmail.com
Fri Feb 6 06:51:45 IST 2009
<Salve's opening provided the perfect vent for the Bench to pour out its anguish. "Over the years, the fact remains that large number of trials have been hijacked by manipulation. The accused have succeeded in manipulating the witnesses. The system in which we are involved, the judges and lawyers have remained handicapped witnesses," the Bench said.>
Rule of Law? Which law--administered by Police and Bureuacrats ( In French-Bureau = Table/desk-where they SIT).
The Rot started in "OurFounding Fathers' Sacred Constuitution" - which none at top wants to change.They love it.
A simple analysis tells you how rot has now become Gangrene. Bigger the Scam-bigger the HERO.
"KENENGKARI"- is heroism .
Only smallers commit CRIME-and get locked in.
"Liberate us -and we will liberate You"
mm> Date: Thu, 5 Feb 2009 16:27:31 -0600> To: assam at assamnet.org> From: cmahanta at charter.net> Subject: [Assam] Something New -- from ToI> > *** Is it new? Or is it very old news?> > But at least it is acknowledged, by the supremes! Perhaps our > friends won't need to make ridiculous claims to the contrary any more > :-).> > cm> > > > > > From ToI> > http://timesofindia.indiatimes.com/India/Trials_hijacked_by_manipulation_SC/articleshow/4083289.cms> > Criminal justice system has collapsed: SC> > > 6 Feb 2009, 0102 hrs IST, Dhananjay Mahapatra, TNN> > > > NEW DELHI: Supreme Court on Thursday sounded the grim warning that > the criminal justice system had been subverted, with witnesses being > manipulated and trials being hijacked with judges and lawyers > remaining "handicapped witnesses".> > Making the chilling observation, which to many only confirmed the > widely held perception of the erosion of the system, a Bench > comprising Justices B N Agrawal, G S Singhvi and Aftab Alam also said > that the lower judiciary had decayed.> > "The courts of magistrate and munsif have ceased to be an option for > the common man," the Bench said and compared the lower courts to > ill-equipped and ill-staffed public health centres (PHCs) in rural > areas.> > "Only those people go there who have no other option," said the Bench > as an apparent indicator of the low measure of public faith in these > courts, which are the first points of dispute settlement for the > masses.> > The comment, perhaps the sharpest-ever from the apex court on the > health of the country's judicial administration system, came in a > case arising from the appeal filed by two senior advocates - R K > Anand and I U Khan - against Delhi High Court's order hauling them up > for criminal contempt for influencing a key witness in a hit-and-run > case.> > The HC's action against the two advocates was based on a sting operation.> > It was senior advocate Harish Salve who provided the trigger for the > candid comments from the Bench. The advocate said that while it might > be fine to fault the journalists involved in the sting operation for > the methods they used to record the conversation between the two > advocates and the witness, what was really important was that their > action had driven home the fact that "the criminal justice system > faced a serious challenge from such activity".> > Salve's opening provided the perfect vent for the Bench to pour out > its anguish. "Over the years, the fact remains that large number of > trials have been hijacked by manipulation. The accused have succeeded > in manipulating the witnesses. The system in which we are involved, > the judges and lawyers have remained handicapped witnesses," the > Bench said.> > The Bench's expression of helplessness to the apparent pervasiveness > of the problem in the criminal justice system took on a more serious > dimension as the judges expressed serious doubts about the competence > of lower judiciary and waning public faith in it.> > Coming to the hit-and-run case and the involvement of two well-known > lawyers - defence counsel Anand and public prosecutor Khan - and the > manner in which they allegedly manipulated the witness, the Bench > said, "What happened in this case is the tip of the iceberg. This is > a case of accident. We have seen cases involving smuggling of arms, > RDX, narcotics where the accused get away. But we are helpless."> > Salve said not only the judicial system, but there was a general > tendency in all quarters to disregard the majesty of law and the > judgments passed by the judiciary. "The apex court has repeatedly > told the lawyer community not to go on strike. But we do not seem to > care. The SC has told the police not to handcuff accused, but they > have scant regard for it. The single directive principle protecting > bureaucrats has been struck down repeatedly, but it still holds good. > SC has ordered police reforms, but few states have implemented it," > he said.> > "I belong to a fraternity which has a lot to answer to society," the > leading lawyer, appearing for NDTV, told the Bench in response to its > caustic comments on the obnoxious manipulations happening in trials.> > > > > _______________________________________________> assam mailing list> assam at assamnet.org> http://assamnet.org/mailman/listinfo/assam_assamnet.org
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