Thursday, September 30, 2010

Court grants bail to husband in domestic violence case

Court grants bail to husband in domestic violence case

Ghaziabad, Sept 29 (PTI) A local court today granted bail to a Computer Engineer who was arrested on charge of domestic violence and dowry demand following a complaint by his wife.
Additional District and Session Judge S N Srivastva granted the bail to Vasu Gautam after his lawyer argued that the charges by his wife Versha were false.
In her complaint last month, Versha had alleged that her husband and his parents used to assault her and that they wanted to throw her into prostitution racket while they were in US to carry out his company project work.
However, Vasu denied the charges and accused his wife of withdrawing ornaments from the bank locker without his or his family's consent.
Earlier the court had granted bail to his parents in the case. The couple got married in 2004 and has a five-year-old son.

http://www.ptinews.com/news/994980_Court-grants-bail-to-husband-in-domestic-violence-case

Tuesday, September 28, 2010

Panel for changes in dowry law and maintenance law (s125 CrPC)

Panel for changes in dowry law and maintenance law (s125 CrPC)

Bangalore, Sep 27, DHNS:

The State Law Commission has recommended amendment to section 498-A of the Indian Penal Code, which deals with dowry harassment cases.

So far, when a complaint was registered under this section, police could take members of husband’s family, including aged parents, into custody. Noting that this provision might give room for its misuse as well, the commission has recommended amendment to the section.
The commission, headed by Justice V S Malimath, on Monday submitted a total of 12 reports on different sections of the Code of Criminal Procedure to Law minister S Suresh Kumar.
The panel has also recommended amendment to section 125 of the CrPC to ensure that wives get proper alimony in divorce cases. The section should be amended in such a way that the man, in such cases, should declare his assets, so that the wife gets alimony and child support accordingly, the recommendation states.
Malimath said in certain cases of divorce, the wife failed to get proper alimony because the man did not disclose his assets. If the law makes it mandatory for the husband to declare his assets, the wife and children will get their due alimony.
Justice Malimath urged the government to implement the recommendations at the earliest. Kumar said the government would go through the pros and cons, before steps are taken.

http://www.deccanherald.com/content/100242/panel-changes-dowry-law.html

Sunday, September 26, 2010

Live-In Relationship-Perspective of Indian Women- Misuse of ANTI-MALE Marital laws 498a Dowry laws-Men Husband need Protection-P7 news KAYDA KANOON 26sep10

Live-In Relationship-Perspective of Indian Women- Misuse of ANTI-MALE Marital laws 498a Dowry laws-Men Husband need Protection-P7 news KAYDA KANOON 26sep10


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PART 2/2



SC judge advocates transparency in the working of judges and unbiased approach

SC judge advocates transparency in the working of judges and unbiased approach

Punjab Newsline Network

 

Sunday, 26 September 2010

CHANDIGARH: Justice Dalveer Bhandari Judge, Supreme Court of India Sunday stressed the need to enhance quality of adjudication besides stepping up the efforts to monitor the same at the highest level. 

He was speaking at the valedictory function of the three-day Regional Judicial conference organized by the Punjab and Haryana High Court in collaboration with Chandigarh Judicial Academy and National Judicial Academy on Enhancing Quality of Adjudication at Chandigarh Judicial Academy. Justice Bhandari said that the hallmark of quality of adjudication was transparency in the working of the judges and their unbiased approach. The judgments should be consistent, correct and there should be commitment on the part of the judiciary to uphold the values enshrined in our Constitution. Valedictory sessions was presided over by Justice Mukul Mudgal, Chief Justice, Punjab & Haryana High Court and Justice S.B. Sinha, former Judge, Supreme Court of India was the guest of honour. Justice Nirmaljit Kaur, Judge, Punjab & Haryana High Court concluded the conference with vote of thanks.

The Conference was inaugurated by Justice Mukul Mudgal Chief Justice Punjab and Haryana High Court on September 24. Addressing the judicial officers Justice Mudgal said that quality of justice was inseparable from the expectations of the society.  In ultimate analysis, his Lordship emphasized a balancing of various factors involved in the dispensation of justice with a view to achieve what our society requires so that we could live up to the expectations of the people and make the justice delivery system really efficacious. Delivering the key note address, Justice T.S. Thakur, Judge Hon’ble Supreme Court of India said that so far no one has challenged our judicial system which was based on sound principles but there was a need to increase the Judge-population ratio and if our Judicial Officers were given to deal with lesser number of cases then certainly the quality of adjudication would not be in any manner lesser than the other advanced Countries. The reference was also made regarding the disposal in a phased manner by the Courts working under Punjab & Haryana High Court, during the tenure of Justice T.S. Thakur as the Chief Justice of Punjab & Haryana High Court and the results regarding disposal were appreciable.

Professor G. Mohan Gopal, Director, National Judicial Academy, Bhopal, pointed out that there is need to measure and monitor quality of adjudication. We must set some parameters or standards for the same. He further pointed out that Right Protection Index can be one of the indicators for measuring and monitoring quality of adjudication. He further stated about six points for dispensing quality justice. Professor Virender Kumar, Director, Academic CJA, in his address said that overall public trust and confidence is the dominant condition of good governance, transparency and accountability and is vital to the interest of the society.  The Court should strive to achieve such levels of efficient working as to create the necessary trust and confidence in the people.

Justice Deepak Mishra, Chief Justice Delhi High Court, Justice Ranjan Gogoi, Judge, Punjab and Haryana High Court, Justice Deepak Gupta, Judge, H.P. High Court Justice Sunil Hali, Judge, J & K High Court, Justice Dharamveer, Judge, Uttrakhand High Court, Justice Ranjit Singh, Judge, Punjab and Haryana High Court, Justice J. P. Singh, Judge, J& K High Court , Justice Shantanagoudar, Judge Karnataka High Court, Justice Sanjib Banerjee, Judge, Calcutta High Court, Justice Sunil Ambwani, Judge, Allahabad High Court, Justice Badar Durrej Ahmed, Judge, Delhi High Court, Justice K. Kannan, Judge, Punjab and Haryana High Court also expressed their views during the three-day judicial conference.

http://www.punjabnewsline.com/content/sc-judge-advocates-transparency-working-judges-and-unbiased-approach/24303

Man asked to serve animals for kidnapping, marrying minor girl

Man asked to serve animals for kidnapping, marrying minor girl

New Delhi, Sep 26 (PTI)

In an unusual order, a Delhi court has released a convict on probation asking him to serve injured and sick animals for a year as a punishment for kidnapping and tying nuptial knot with a minor girl after concealing his married status.

"I direct that convict Rajpal be released on probation of good conduct for a period of two years on furnishing a personal and surety bond of Rs 10,000 each and with a further condition that he shall render service to the sick and injured animals particularly the strays for a period of one year...," Additional Sessions Judge Kamini Lau said.
The court asked 28-year-old Rajpal, a resident of Aligarh in Uttar Pradesh, to report to the NGO-run Sanjay Gandhi Animal Care Centre at Raja Garden here to undertake the duties for three days in a week for one hour each day.
"In case of any absenteeism or default or breach of condition of probation on the part of the convict, he shall have to undergo simple imprisonment for a period of two years," it cautioned.
Earlier, Rajpal, a fruit vendor, who was already married and is a father of two minor children, was convicted under Sections 363 (kidnapping a minor) and 366 (abducting a woman to compel her to marry) of the IPC for tying nuptial knot with his 14-year-old neighbour last year.
Before being sentenced, the convict told the court that he was aware of having committed a "moral and legal wrong" and wanted to make an attempt for change his life for better and atone for the sins and crime which he had committed.
Taking note of the "remorseful" conduct, the court asked the probation officer to file a report.The report said the convict belonged to "a very poor family" and was a fruit seller by profession.
"I have spoken to the convict in the court and I am satisfied that he genuinely regrets his shameful and hurtful act. The regrets offered by the convict of his act may be because of remorse or could even be a response to the fear of consequences of his act including the fear of being punished for such an act," the court said.
It said that the victim, who is happily married, be left alone to ensure that the shadow of her past does not affect her matrimonial life.

http://www.deccanherald.com/content/99716/man-asked-serve-animals-kidnapping.html

Married or no, women maintenance a must- Deserted long-term live-in partner entitled to support, says SC

Married or no, women maintenance a must - Deserted long-term live-in partner entitled to support, says apex court

OUR LEGAL CORRESPONDENT

New Delhi, Sept. 25: The Supreme Court has said that any woman in a long-term live-in relationship is entitled to maintenance if deserted.

It is immaterial whether the woman was legally married to the man or not, the court said. What matters is whether she was completely dependent on him for sustenance.

“Women can’t be left vagrant. Right to life (guaranteed under the Constitution) includes the right to live with dignity. It is not possible to live with dignity when a woman has no food and leads the life of a destitute,” said Justice A.K. Ganguly, sitting with senior judge G.S. Singhvi.

Justice Singhvi added: “Someone has to take care of her if she is not able to, just to prevent vagrancy.”

“Leaving women to vagrancy threatens social stability and public order,” Justice Ganguly underlined. Women are, after all, the source of all power, he said.

The two judges were hearing the petition of a woman, Chunmuniya, who claimed that after her husband Ram Sharan died on March 7, 1992, she was “married” off to his younger brother Virendra Kumar Singh Kushwaha, as was the practice in her caste. Among some communities in northern India, the widow of an older brother is forced to live with any surviving brother. The marriage was performed simply by doing a katha, she said.

Virendra, who was 10 years younger than Ram Sharan, deserted her in 1996. She moved an application for maintenance on March 26, 1997, but he married another woman in 1998 while it was pending.

A family court upheld Chunmuniya’s plea for maintenance. But Virendra went to the high court denying that he had been married to her. He claimed she had fraudulently inserted her name as his wife in the family register with the panchayat to get a share of the property.

The high court ruled in his favour on November 11, 2007, saying Chunmuniya had not been able to prove marriage. Invocation before a sacred fire and saptapadi were the two ceremonies essential to the validity of a marriage, it said, setting aside the family court order. Chunmuniya then appealed to the Supreme Court.

The Supreme Court decided that the issue needed consideration and appointed Altaf Ahmad and P.S. Patwalia as the amicus curiae to assist the judges in deciding the issue. Both contended that the law could be interpreted to include all such women in the definition of “wife” to enable them to get maintenance.

Ahmed said that if a woman marries under personal laws, she immediately gets several rights and obligations. Those who do not, do not get any rights. “If such dependent women are provided for, this trend (of living-in) will also be discouraged,” he contended.

The bench agreed that the status of a wife need not be a pre-requisite for getting maintenance before reserving orders in the case. A prolonged domestic relationship resembling marriage is enough to entitle a deserted woman to maintenance, it observed.

Patwalia said that living-in was a fast-catching “urban phenomenon” which the law must address. “Here, the man has no obligations or responsibilities of any kind. Let the law reach out to them,” he said.

The bench also expressed anguish over the use of such words as “illegitimate” children and “other woman” in various laws and blamed the “patriarchal” mindset of law-makers for this. “The use of the word illegitimate stigmatises these children the day they are born,” Justice Singhvi said.

At another point, the court criticised law-makers for enshrining Rs 500 as the maximum maintenance per month in a 1973 law. “Whoever fixed the amount was miserly,” the judges observed. The Code of Criminal Procedure, 1973, enshrines this as the maximum maintenance for all dependants — wife and children.

http://www.telegraphindia.com/1100926/jsp/nation/story_12983394.jsp

The cruelty of women who use children as weapons in divorce

The cruelty of women who use children as weapons in divorce

By Harriet Sergeant
Last updated at 10:10 AM on 22nd September 2010

 

Distraught: Many divorced fathers describe the loss of their <br />children as 'an emotional amputation' or 'a living bereavement'

Distraught: Many divorced fathers describe the loss of their children as 'an emotional amputation' or 'a living bereavement'

About ten years ago, I was standing in my son's junior school classroom. The teacher had stuck up on the wall the best essays on the topic: 'How I Spent Last Weekend.' One caught my attention.

Not for this little boy a visit to the zoo or the excitement of a football game. Instead, he had chronicled a weekend's battle between his divorcing parents.

'Mum calls dad names on the phone,' he had written in his laborious handwriting. 'We had cake for tea. My sister and I cry.' The teacher caught my eye. She had put up that story on purpose.

'I want the parents to see what divorce they are doing to their children. They should be ashamed of themselves,' she said.

My son recently bumped into that little boy. A decade on, he is 18, has dropped out of school and is on drugs.

Sir Nicholas Wall, the President of the Family Division of the High Court, agrees that something has to be done. He has accused separating couples, especially those from the middle classes, of using their children as 'both the battlefield and the ammunition' to try to score points in their personal disputes.

'There is nothing worse, for most children, than for their parents to denigrate each other,' said the country's most senior family court judge. 'The child's sense of self-worth can be irredeemably damaged.'

Six years ago, my husband and I divorced. It came as a great shock. But we were all too aware our children were just becoming adolescents - and that adolescence is perilous enough without warring parents.

We tried, not always successfully on my part, never to criticise each other in front of the children. Very occasionally, I even managed to emphasise his good points (of which there are many) - it was quite hard when at the time all I wanted to do was murder him.

A female friend was shocked. 'Why aren't you using the children against him?' she asked. 'I would.' 

More...

Her reaction is not unusual. The battlefields Sir Nicholas Wall describes are too often of the wife's choosing. This is because most divorces are initiated by women due to their husband's infidelity, as the fatherhood research body Fathers Direct points out.

These women are hurt and they want to get their own back through the children, money or both. They are determined the husband is as much divorced from his children as his wife.

One wealthy man I know finds himself, despite his riches, at the beck and call of his former wife.

'How can my wife hurt me? How could she bring me to my knees?' he asks. 'Through my children.'

The strategy is very successful. This otherwise powerful man submits to every capricious demand.

'With just two hours' notice, I had to cancel an important meeting and take them to the dentist,' he said. If he refused, his wife said, he would not see them for a month.

An advertising director found himself equally powerless when his wife suddenly moved from London to the Midlands with their two sons.

'How can my wife hurt me? How could she bring me to my knees?' he asks. 'Through my children.'

'She did not tell me. One day she just stopped answering the phone. Until then I had been seeing my sons every weekend,' he says.

By the time the case reached court, the sons were settled in a new school. The judge admitted that what the woman had done was illegal, but because it was in the best interests of the children to be with their mother, he did nothing.

'She had got away with effectively kidnapping my children,' said the father. His relationship with his sons has all but broken down. Their new home is too far for them to come to London. When he goes to see them, he has to stay in a hotel.

'The children get bored in an hour or two,' he says. 'They have their friends and their sports, which they would rather do instead.'

He tells me he finds the situation 'so goddamn painful. I try to play the role of a father - but how can I when I have been deliberately moved to the periphery of their lives?'

The situation leaves many men I have interviewed distraught. They describe the loss of their children as 'an emotional amputation' or 'a living bereavement'.

It is no wonder that within two years of divorce, half of fathers lose contact with their children.

Irredeemably damaged: Children are often forgotten victims in <br />divorce, but there can be dire consequences should their parents split <br />up

Irredeemably damaged: Children are often forgotten victims in divorce, but there can be dire consequences should their parents split up

As one man said sadly, divorce 'leaves many fathers on the edge of a bloody great abyss. Many fall off and are never seen again'.

Douglas Alexiou, one of London's pre-eminent family lawyers, agrees that the wife holds all the cards in a divorce case.

'Court order after court order is served. The wife claims the children are ill or just do not want to see their father,' he says.

'There is very little a court can do if a mother has poisoned the minds of her children against the father. There is no sanction against the mother apart from a jail term - and no court will do that.

'Perhaps one day a judge will be bold enough to jail a mother and finally set an example.'  

In all this there is only one real victim - the children. If one of those wives was handed an axe and ordered to hack off a limb of her child, she would be appalled. Yet so many women are happy, even gleeful, to commit the equivalent emotional amputation on their children by depriving them of their father.

U.S. author Kathleen Parker in her excellent book Save The Males points out that in depriving a child of their father, 'we reduce a child's chance of a successful and happy life.

'Growing up without a father is the most reliable indicator of poverty and all the familiar social pathologies affecting children, including drug abuse, truancy, delinquency and sexual promiscuity.'

But this misery is not only the fault of the parents. The family court system is adversarial and encourages couples to fight, says Nadine O'Connor, campaign manager at the lobby group Fathers4Justice.

And change, she says, will be a long time in coming - until lawyers stop making their own killing from warring parents, children will continue to be used as weapons.

Read more: http://www.dailymail.co.uk/femail/article-1314131/The-cruelty-women-use-children-weapons-divorce.html#ixzz10ZZRIO1u

Friday, September 24, 2010

Cash-for-query scam: Delhi high court quashes charges against journalists

Cash-for-query case: HC reprieve for journos

24 sep 2010

New Delhi: Defending sting operation as a means to expose corruption, the Delhi High Court today quashed criminal proceedings against two journalists who unearthed the cash-for-query scam involving MPs in 2005, giving a boost to investigative journalism.

Observing that corruption in the country has now taken "deep roots", the court also said that acting as "agent provocateurs" to expose graft at higher level does not amount to abetting this crime.

Giving reprieve to Mr Anirudh Bahal and Ms Suhasini Raj, Justice S.N. Dhingra set aside the trial court order of July six, 2009 taking cognisance of the chargesheet filed by the Delhi police against the two investigative journalists.

The court also slammed the Delhi police for its handling of the sensational scam, saying it seems to have "acted as 'his master's voice' of the persons in power"

Both Mr Bahal and Ms Raj, reporters from website CobraPost.com, had challenged a summoning order issued by a Special Judge in connection with the sting in which 11 MPs from different political parties were caught on camera accepting bribes for raising and tabling questions in Parliament in December 2005.

The expose 'Operation Duryodhan' was shown on Aajtak news channel. The inquiry committee of both the Houses of Parliament had recommended the expulsion of the MPs — 10 from Lok Sabha and one from Rajya Sabha.

"I consider that in order to expose corruption at higher level and to show to what extent the State managers are corrupt, acting as agent provocateurs does not amount to committing a crime," Justice Dhingra said.

"Charging the petitioners under Prevention of Corruption Act would amount to discouraging the people of this country from performing their duties enjoined upon them by the Constitution as well as the Criminal Procedure Code," the court said.

"I consider that it is built-in fundamental duties that every citizen must strive for a corruption-free society and must expose the corruption whenever it comes to his or her knowledge and try to remove corruption at all levels more so at higher levels of management of the State," it added.

The Delhi police had registered an FIR against the two journalists for abetting the crime of giving bribes for MPs for raising questions in the Parliament.

"The corruption in this country has now taken deep roots. Chanakaya in his famous work Arthshastra advised and suggested that honesty of even judges should be periodically tested by the agent provocateurs," Justaice Dhingra said.

Justifying the mode of operation adopted by the journalists to expose the scam, the judge at another point again said that citizens can act as agent provocateurs to bring out and expose and uproot the corruption.

The court dismissed the contention of the police that the journalists should have informed it about the scam and it would have taken action against the corrupt MPs saying that it is well known what is the fate of whistle blowers in the country.

http://www.deccanchronicle.com/node/182871

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More @

http://www.deccanherald.com/content/99173/hc-quashes-charges-against-journalists.html

HC quashes charges against journalists in cash-for-query scam

New Delhi, Sep 24 (PTI)

The Delhi High Court today quashed charges against two journalists for carrying out a sting operation against the then legislators for allegedly demanding money to ask questions in Parliament in 2005.

Justice S N Dhingra quashed the trial court order of July six, 2009 of taking cognisance of the chargesheet filed against the two journalists Anirudh Bahal and Suhasini Raj.
"Charging the petitioners under Prevention of Corruption Act would amount to discouraging the people of this country from performing their duties enjoined upon them by the Constitution as well as the Criminal Procedure Code," the court said.
Both the journalists, reporters from website Cobra Post.com, had challenged a summoning order issued by a Special Judge after taking cognisance of the chargesheet filed against them along with the tainted MPs by Delhi Police.

The court had on September 17 reserved its order on the petition of the journalists, who conducted sting operation to highlight the cash-for-query scam involving 11 MPs of different political parties.
During the arguments, Delhi Police's counsel had justified the initiation of proceedings against Bahal and Raj contending they had offered money to the then parliamentarians which was an encouragement to corruption.However, the argument was countered by the counsel for the reporters who had submitted that if the money had not been offered to the MPs, the sting operation would not have been conducted.
Eleven MPs were caught on camera accepting bribes for raising and tabling questions in Parliament in December 2005.The inquiry committee of both the Houses of Parliament had recommended the expulsion of the 11 MPs- ten from Lok Sabha and one from Rajya Sabha.
The police, on the recommendations of the parliamentary committee, registered FIRs against the reporters and probed the role of the middleman in the sting operation.
The FIR was filed under sections 12 and 13 of the Prevention of Corruption Act and section 120 B (Conspiracy) of the Indian Penal Code.
The reporters had then approached the High Court seeking to quash the proceedings against them, alleging that the police were shielding the corrupt MPs and framing them in the case instead.
Following a chargesheet by the specialised Crime Branch of the Delhi Police, Special Judge Rakesh Siddharth had summoned the reporters as well as the MPs.
The proceedings against the MPs would continue for the time being before the Special court.

 

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Cash-for-query scam: Delhi high court quashes charges against journalists

In a reprieve for two investigative journalists, the Delhi high court today quashed charges against them for conducting a sting operation to expose the cash-for-query scam involving Members of Parliament in 2005.

Justice SN Dhingra set aside the trial court order of July 6, 2009 taking cognisance of the charge sheet filed against the two journalists - Anirudh Bahal and Suhasini Raj - by the Delhi police.

"Charging the petitioners under Prevention of Corruption Act would amount to discouraging the people of this country from performing their duties enjoined upon them by the Constitution as well as the Criminal Procedure Code," the court said.

Both Bahal and Raj, reporters from website Cobra Post.com, had challenged a summoning order issued by a special judge after taking cognisance of the chargesheet filed against them along with the tainted MPs by the Delhi police.

The court had on September 17 reserved its order on the petition of the journalists, who conducted the sting in which 11 MPs from different political parties were caught on camera accepting bribes for raising and tabling questions in Parliament in December 2005. The expose 'Operation Duryodhan' was shown on Aajtak news channel.

The inquiry committee of both the Houses of Parliament had recommended the expulsion of the MPs--ten from Lok Sabha and one from Rajya Sabha.

During the arguments, Delhi police's counsel had justified the initiation of proceedings against Bahal and Raj contending they had offered money to the then parliamentarians which was an encouragement to corruption.

However, the argument was countered by the counsel for the reporters who had submitted that if the money had not been offered to the MPs, the sting operation would not have been conducted.

The police, on the recommendations of the parliamentary committee, registered FIRs against the reporters and probed the role of the middleman in the sting operation.

The FIR was filed under sections 12 and 13 of the Prevention of Corruption Act and section 120 B (Conspiracy) of the Indian Penal Code.

The reporters had then approached the high court seeking to quash the proceedings against them, alleging that the police were shielding the corrupt MPs and framing them in the case instead.

Following a charge sheet by the specialised Crime Branch of the Delhi police, special judge Rakesh Siddharth had summoned the reporters as well as the MPs.

The proceedings against the MPs would continue for the time being before the special court.

http://www.dnaindia.com/india/report_cash-for-query-scam-delhi-high-court-quashes-charges-against-journalists_1442395

Thursday, September 23, 2010

'Hire upright, honest judges to change corrupt judiciary image' - SC

'Hire upright, honest judges to change corrupt judiciary image' – SC

23 sep 2010

NEW DELHI: Concerned at the dipping image of the judicial system due to growing incidents of corruption, the Supreme Court has said all round efforts were needed urgently to recruit upright and honest persons as judicial officers to effect an image makeover for the judiciary.

"Upright and honest judicial officers are needed not only to bolster the image of the judiciary in the eyes of the litigants but also to sustain the culture of integrity, virtue and ethics among judges," said a bench comprising Justices Mukundakam Sharma and Anil R Dave.

Writing for the bench, Justice Sharma said: "Public perception of judiciary matters just as much as its role in dispute resolution. The credibility of the entire judiciary is often undermined by isolated acts of transgression by a few members of the bench, and therefore it is imperative to maintain a high benchmark of honesty, accountability and good conduct."

The bench gave vent to its feeling while upholding the dismissal of a Jammu & Kashmir district judge. It said the officer was in the probation period and that the high court was right in not confirming his services after scrutinising his track record. Not taking this incident as an isolated one, the bench reflected upon the solemn duty cast on the HCs to consider and appreciate the service of a judicial officer before confirming him in service so as to weed out the deadwood and corrupt from the judiciary.

 http://timesofindia.indiatimes.com/india/Hire-upright-honest-judges-to-change-corrupt-judiciary-image/articleshow/6610252.cms#ixzz10Lqi6V00

Swastika Mukherjee admits her dowry harassment allegations were false – Blatant misuse of 498a and dowry laws and still go scot free. Misusers and abusers of judicial and police machinery should be severely punished

Swastika Mukherjee admits her dowry harassment allegations were false

Kolkata, Sept 23 (IBNS): Tollywood actress Swastika Mukherjee has confessed in a media conference that the dowry harassment allegations she made against her estranged husband were false, apparently bringing a closure to an episode that has been playing out amidst full media glare for ten years.
.
“I was young, I did not have enough sense back then and I did what my family, friends and peers advised me to do,” is how Swastika on Wednesday chose to explain why she falsely accused her husband singer Promit Sen of “subjecting her to cruelty” and “criminal breach of trust”.

Swastika’s shocking but predictable confession comes a day after she apparently submitted an affidavit at a city court admitting that the charges she made against her husband and her in-laws under Indian Penal Code 498A and 406 were “unfounded, false, baseless and speculative”.

Swastika and Promit, the youngest son of renowned Rabindrasangeet exponent Sagar Sen, were married in June 1998, when the actress was just 18.

“Things started to go wrong around two years later when like a bolt from the blue my brother, our family and even me, who all lived in different places, were charged by her for dowry related crimes,” said Pritam Sen, Promit’s elder brother, who also attended the press conference.

“We went through hell for the past ten years. So many arrest warrants, all the expenses and the defamation aside, my brother is never going to get back the last ten years. He’s totally mentally devastated,” he added.
Though divorce was reportedly filed by Swastika in 2001, the cases are still under legal red tape.

Pritam said recently Swastika had issued a press release which after being published in the media made it seem as if the two parties had reached a compromise and were heading for divorce which was definitely not the case.

Hence Wednesday’s press conference was called by the actress “to come clean”.“I am deeply sorry for all that Promit and his family has had to go through. I hope he can move on,” said Swastika.

“As far as the custody of our daughter Anwesha is concerned, lets see what plays out. She’s a ten-year-old girl and she too has a say in this,” she said.

When asked what drove her to suddenly make such an effort, she replied that it was not out of any pressure but just a “realisation”.

Sources, however, say this might be just a coup to get the divorce the 30-year-old actress, who is known for her ‘who cares’ attitude and has not exactly had the smoothest relationships over past few years, has been after for quite some time.

Pritam, however, said he and his family were pleased at Swastika’s confession.He said, “I think we should give her the benefit of the doubt. Let’s see what this leads to. But we’ll not accept anything but a genuine apology.”

The Sen family is apparently not mulling pressing charges on the actress since they are “not vindictive people”, said Pritam.

The confession, apart from sending gossip mills in overdrive, also sheds light on the Indian Penal Code which leaves the door for such a heavy-handed charge wide open for misuse.

http://www.forestlaneshul.com/swastika-mukherjee-admits-her-dowry-harassment-allegations-were-false-9650.html

Wednesday, September 22, 2010

Relief to woman booked in dowry prohibition case

Relief to woman booked in dowry prohibition case

Abhinav Garg, TNN, Apr 11, 2010, 05.19am IST

NEW DELHI: At a time when there is a new trend of courts booking the woman and her kin for giving dowry, the Delhi high court has stayed one such FIR lodged against a woman and decided to examine the law in this regard.

Justice Vipin Sanghi recently stayed an FIR registered on the orders of a magistrate against one Payal and her family for allegedly giving dowry in her marriage. Payal had been pursuing a dowry harassment case against her husband in the court.

However, taking a strict view of her admitting in the FIR that she and her parents gave a substantial dowry amount to the husband's family, additional chief metropolitan magistrate Sanjay Bansal had slapped dowry prohibition sections against Payal and her family too.

This prompted her to approach HC for relief, through her lawyers Vijay Aggarwal and Rakesh Makhija. They argued before HC that a court can't book a victim of dowry harassment under the Dowry Prohibition Act as this is explicitly barred in the Act itself. Seeking relief, the lawyers further claimed the lower court went beyond the law to slap another FIR against the girl and her family.


Pointing to section 7 (3) of Dowry Prohibition Act the advocates for Payal argued before HC that a girl's statement she had been forced to give dowry can't be held against her or her family to book her under the act as here the woman is the victim.


Payal got married in Nov 2006 and according to the FIR two years later the husband dropped Payal with their few months old son at her parental home. Though he had promised to take them back to his house he never appeared, that led Payal to lodge a complaint with the Crime Against Woman Cell. Later, efforts at mediation having failed, a case under the the Domestic violence Act was also lodged against the husband.

But to Payal's utter shock, the lower court said being an educated woman she should have shown a better judgment than to agree to give dowry and invoked sections of the Dowry Prohibition Act against her. The HC is expected to specify the law once it delivers a judgment on her petition.

http://timesofindia.indiatimes.com/city/delhi/Relief-to-woman-booked-in-dowry-prohibition-case-/articleshow/5783454.cms#ixzz10HTXf6wc

Court asks police to lodge FIR against bride for giving dowry

Court asks police to lodge FIR against bride for giving dowry

Friday, March 19, 2010

New Delhi: A Delhi court has directed the police to register an FIR against a woman and her family members, who alleged dowry harassment by her husband and in-laws, for meeting their demands during the marriage.


Additional Chief Metropolitan Magistrate Sanjay Bansal directed the police to proceed against the woman and her parents under the provisions of the Dowry Prohibition Act.

"In my considered view at this stage, it appears that the accused persons (woman and her parents) are accomplice and the present complaint discloses the offence under Section 3 of the Dowry Prohibition Act 1961. Thus, the SHO concerned is directed to register the FIR and conduct investigation as per law," ACMM Bansal said.


Sameer Saxena and his family members were accused of committing cruelty with his wife by harassing her for dowry.
The wife, in an FIR with Roop Nagar police station, claimed her family members had given huge dowry to Saxena at the time of their marriage.

Saxena's counsel Ganganpreet Singh and Karanbir Singh submitted that in the FIR the woman had herself admitted giving huge dowry, which was an offence under the statute.

They filed an application in the court seeking registration of the FIR against the woman and her family members.
The counsel also referred to a Delhi High Court judgement support their contention, besides a circular issued by the Commissioner of Police, which stated that a woman can be prosecuted if she allegedly gave dowry.
PTI

http://www.zeenews.com/news612668.html

Judges have to maintain high benchmark of integrity: SC

Judges have to maintain high benchmark of integrity: SC

New Delhi, Sept 22(PTI):

Holding it was imperative for judiciary to maintain a high benchmark of honesty, accountability and good conduct, the Supreme Court has upheld the sacking of a District & Session Judge, Kargil for misconduct.

"Upright and honest judicial officers are needed not only to bolster the image of the judiciary in the eyes of the litigant, but also to sustain the culture of integrity, virtue among the judges.


"The public perception of the judiciary matters just as much as its role in dispute resolution. The credibility of the entire judiciary is often undermined by isolated acts of transgression by a few members of the Bench, and therefore it is imperative to maintain a high benchmark of honesty, accountability and good conduct," a Bench of Justices Mukundakam Sharma and A R Dave said in a judgement.
The apex court passed the judgement while dismissing the appeal filed by Rajesh Kohli who while being posted as the Principal

District and Sessions Judge, Kargil, J&K was discharged from service on the ground of misconduct of alleged defrauding of money and using abusive language against the staff.The order of termination was passed by a Full Bench of the J&K High Court on April 26, 2003.

The apex court rejected the argument of Kohli that the order of termination was stigmatic and that he had obtained two increments during his probation period which vouchsafed for his satisfactory service.

"The mere granting of yearly increments would not in any manner indicate that after completion of the probation period the full court of the High Court was not competent to scrutinise his records and on the basis thereof take a decision as to whether or not his service should be confirmed or dispensed with or whether his probation should be extended," the Bench said.

The apex court said the High Court had a solemn duty to review the service of a judicial officer before confirming him/her in service.
"The District judiciary is the bedrock of our judicial system and is positioned at the primary level of entry to the doors of justice. In providing the opportunity of access to justice to the people of the country, the judicial officers who are entrusted with the task of adjudication must officiate in a manner that is becoming of their position and responsibility towards society, the apex court.


The apex court said the services rendered by a judicial officer during probation are assessed not solely on the basis of judicial performance, but also on probity as to how one has conducted himself and rejected his argument that the termination caused a stigma on his career.

http://www.deccanherald.com/content/98738/judges-have-maintain-high-benchmark.html

Exchange of garlands is not marriage: SC

Exchange of garlands is not marriage: SC

New Delhi, Sep 22 (IANS):

The Supreme Court on Wednesday said the exchange of garlands between bridegroom and the bride in a temple could not be treated as marriage.

The marriage solemnised with full customary rites and ceremonies alone would get the sanctity of marriage under the Hindu Marriage Act, 1955, the apex court bench of Justice Markandey Katju and Justice T.S. Thakur said.


The court made these observations in the course of the hearing of a petition by one K.P. Thimmappa Gowda challenging his conviction by the Karnataka High Court for repeatedly having sex with a lady and impregnating her on the false promise of marrying her later.
The victim subsequently gave birth to a boy in 1996.

The accused Thimmappa, who was a teacher, was acquitted of the charges by the session court but his conviction was reversed by the high court.Both, the victim and the accused, were residents of Pallavanamashalli village in Shimoga district of Karnataka.


The court said that in the case of inter-caste marriage, the marriage may be solemnised in accordance with the customary rites and ceremonies of either the bridegroom or the bride.Justice Katju said that if, according to customs, the marriage ceremony involves Saptapadi, then the marriage would be considered solemnised on the completion of the seventh step.


A teacher should be a role model but the petitioner Thimmappa is a stain on the profession of teaching, Justice Katju said. The court was appalled to note that the victim was Thimmappa's employee working on his agriculture fields. The court noted that Thimmappa exploited her poverty, repeatedly raped her and then abandoned her.The court said that the conduct of Thimmappa in refusing to accept the decision of the village panchayat to marry the victim was far from that of a gentleman.Subsequently, Thimmappa married another woman from whom he has two daughters.

Thimmappa's counsel offered Rs.2 lakh as alimony to the victim in return for his acquittal in the case. Justice Thakur said: “Let him save his two lakhs and spend seven years in imprisonment.” Describing the offer as ridiculous, Justice Thakur said that “no court would accept it”.


The court adjourned the matter by four weeks during which Thimmappa would tell the court as to what amount he could offer the victim in terms of cash and agriculture land by way of settlement.


The court took note of the fact the child of the victim was already 15 years old and she was a single unwed mother.

http://www.deccanherald.com/content/98713/exchange-garlands-not-marriage-sc.html

Bride, kin charged with giving dowry – Court orders FIR against woman for harassing husband-Delhi court

Bride, kin charged with giving dowry – Delhi court

19 sep 2010
Beware those who give hefty amounts in dowry even if there was no demand from the groom’s side. In an interesting case recently, a woman and his family were in the dock for giving hefty dowry even when it was not asked for. The woman later levelled charges of torture against her in-laws, despite giving a hefty dowry.

The woman landed in trouble when the court ordered to file a criminal case against her and her family members for giving dowry.
The additional chief metropolitan magistrate (ACMM) Lokesh Kumar Sharma also pulled up a Delhi police official for delaying action after receiving a complaint.
“It is a settled law that if a woman, who is well-educated, marries in a house inspite of dowry demands, she is accomplice to the crime,” the court said.
The ACMM also said that “It appears that the SHO prepares reply without applying his mind. Previously also, he placed on record certain communications which were uncalled and unwarranted.”
The ACMM ordered the Station House Officer (SHO) of Shahdara to register an FIR on a complaint filed by the harassed husband. The couple had got married in 2009 but the husband and wife strained relations soonafter.
The complainant husband alleged that he was given dowry by his in-laws at the time of marriage but he did not complain about the same and accepted the articles of properties of his wife.

---
also @

CITY | Tuesday, August 31, 2010 | Print | Close


Court orders FIR against woman for harassing husband

Shikha verma | New Delhi

A city court pulled up an official of the Delhi Police for delaying action against a complaint. The court directed the SHO concerned to register an FIR against the woman and her family in a matrimonial dispute and dowry case.

“It appears that the SHO prepares reply without applying his mind. Previously also, he placed on record certain communications which were uncalled and unwarranted," said Additional Chief Metropolitan Magistrate (ACMM) Lokesh Kumar Sharma.

The court ordered the Station House Officer (SHO) of Shahdara to register the FIR on a complaint filed in the court by the harassed husband within 48 hours of the order.

The woman had complaint of being tortured by her in-laws despite giving a hefty dowry. However the woman landed in trouble after the court ordered to file a criminal case against the woman and her family members for giving dowry. The SHO submitted before the court, "Due to delayed reporting of the matter, I was unable to takes cognisance in this case."

Annoyed with the reply of the SHO, ACMM Sharma said, "I fail to understand as to under which provision of law, the SHO has been empowered to take cognisance of the cases. Additional Commissioner of Police (ACP) Shahdara DV Joshi has been called along with the SHO."

In the complaint filed through counsels Gagan Preet Singh and Karan Bir Singh, the husband referred to the allegations made by his wife before the Crime Against Women (CAW) Cell of the Delhi Police that a huge dowry was paid by his wife family without being asked for the same.

The couple got married on December 2, 2009 and as apparent from the complaint, differences between the husband and the wife developed soon after the marriage. The complainant husband alleged that he was given dowry by his in-laws at the time of marriage but he did not complain about the same and accepted the articles of properties of his wife. Whereas, the wife had made similar allegation in her petitions filed in the court for seeking maintenance and prosecution of her husband and his family members under Domestic Violence Act.

"It is a settled law that if a woman, who is well-educated, marries in the same house inspite of dowry demands, she is accomplice to the crime," the court said. In her complaint before the CAW, she had alleged that her mother and brother had spent Rs 10 lakh in the marriage and given handsome dowry articles, gold jewellery and Rs 50,000 cash, the counsels Gagan Preet Singh and Karan Bir Singh submitted before the court.

The court acted on the complaint filed by the man seeking registration of the FIR against his wife and family members as police had refused to act on his plea earlier.


More DP 3 case on wife and gang news @

http://www.saveindianfamily.org/articles/news/752-case-filed-against-woman-relatives-for-giving-dowry.html

Reasons for judgment must: SC

Reasons for judgment must: SC

21 sep 2010

The Supreme Court has now put it in black and white on why recording reasons while giving a judgment is important and crucial for “sustaining the litigants’ faith in the justice delivery system”.

Outlining as many as 15 points, the court held the reasons as an “indispensable” component of a decision-making process by not just judicial but even quasi-judicial and administrative bodies.

Insisting that reasons must be part of every judgment, the SC asserted that recording reasons is “a requirement for both judicial accountability and transparency”.

Recording of reasons operates as a valid restraint on any possible arbitrary exercise of judicial and quasi-judicial or even administrative power, observed the court. It added that reasoned judgment reassures that discretion has been exercised without any extraneous considerations.

It emphasised that reasons accompanying decisions must be cogent, clear and succinct. “A pretence of reasons or rubber-stamp reasons is not to be equated with a valid decision-making process,” it said in a case perusing two appeals filed by a builder and another by the Corporation Bank.

Both had questioned an order of the National Consumer Disputes Redressal Commission.

http://www.indianexpress.com/news/Reasons-for-judgment-must--SC/684934

Woman unable to choose between parents, husband

Woman unable to choose between parents, husband

CHENNAI: Caught between her husband and her parents, a 25-year-old M Phil degree-holder expressed contrasting views — one inside the court and another as she was coming out of it — on Monday, and ended up in a Government Home in Mylapore.

It was high drama on the Madras High Court premises when Deepa, who was produced before a division bench comprising Justice M Chocka­lingam and Justice M Sathya­nara­yanan, following a habeas corpus writ petition by her husband Manimaran, told the court that she wanted to go with her parents but changed her mind when she came out.

When her father, Sakthivel, and some relatives tried to drag Deepa towards a car despite her protests and cries, advocates on the premises intervened. Deepa was again produ­ced bef­ore the judges in their chambers, where Advocate R C Paul Kana­karaj told them she wanted to join her husband but was being prevented by her father and his henchmen.

The bench, in its second brief order, said, “In appraisement of the situation and in view of the safety of the detenue”, Deepa will stay at the government home “until further orders” — and made it clear that neither Manimaran nor Sakthivel should disturb her.

According to Manimaran’s advocate Y Deva Arul Prakash, the couple got married on October 10, 2008, but started living together only this June as they had been pursuing their studies –– Manimaran was doing his BL. On August 13, Sakthivel took his daughter away by force, prompting the habeas corpus petition seeking that she be produced in court. Both Deepa and Manimaran are Dalits but he is a Christian, whereas she is a Hindu.

 

http://expressbuzz.com/cities/chennai/woman-unable-to-choose-between-parents-husband/208671.html

Facing flak from court, police transfer case to women’s cell

Facing flak from court, police transfer case to women’s cell

NEW DELHI: With Prasad Nagar police station facing flak for poor handling of the siblings sex abuse case, the central district police have decided to transfer the case to the womens' cell of the district. They will also write to the Child Welfare Committee (CWC) to assign an independent member who will assist the investigations, claimed sources in the central district deputy commissioner of police's office.


The decision comes after a local court directed the police to assign a senior police officer, along with the investigating officer, in the shocking gangrape and sodomy case so that all the accused are apprehended at the earliest.
Sources in the police said the victims and their mother met DCP (central) Jaspal Singh late on Monday night and demanded the case be handed over to the CBI or the crime branch for a ''fair inquiry''.


However, when Times City contacted him on Tuesday, Singh refused to say much.


''We are doing the needful. We cannot comment on an investigation where both the accused and the victims are mostly minors. Once a rape case is registered, it cannot be annulled, not even if the victim's party apply for it unless the court agrees to it. We are trying to ascertain the identity of the two other accused as we did not find anyone with that name studying in Class IX of that school,'' said the officer.


However, Subhas Nagaar, the social worker who helped the victims' mother lodge the case, said: ''It's true that the identity of one of the absconding minors is difficult to establish as he does not study in the same public school where the victims' studied. But the other accused is the son of a teacher in the same school. We have information that this minor is attending school every day."


Nagar added: "As for the other accused, they are all residents of Karol Bagh and their families own successful businesses in the area. There is an obvious attempt to cover up the incident by only projecting the driver as a monster.''


http://timesofindia.indiatimes.com/city/delhi/Facing-flak-from-court-police-transfer-case-to-womens-cell/articleshow/6603739.cms#ixzz10FpYuDRe

Bahu (Daughter inlaw) in dock after Sasur (Father inlaw) commits suicide – Delhi HC

Bahu (Daughter inlaw) in dock after Sasur (Father inlaw) commits suicide – Delhi HC

22 Sep 2010

NEW DELHI: The Delhi high court on Tuesday issued a notice to a woman accused of driving her father-in-law to commit suicide.
Justice S N Dhingra issued the notice on an appeal filed by the Delhi
police through its prosecutor O P Saxena challenging the woman's acquittal by a trial court.


In its appeal, police decried the approach of the trial court, which even while recording that the woman abused and harassed her husband and her in-laws, refused to read any intention in her to drive the father-in-law to commit suicide.

http://timesofindia.indiatimes.com/city/delhi/Woman-in-dock-after-kin-commits-suicide/articleshow/6603746.cms#ixzz10FoG88jI

‘Adjournments necessary part of complex legal proceedings’-Delhi HC

‘Adjournments necessary part of complex legal proceedings’-Delhi HC

22 Sep 2010

While one hears several orders by the courts slamming the practice of seeking adjournments, a Delhi High Court judge has an intriguing take on the same.

Adjudicating an appeal filed, not by the state or the complainant, but by an accused complaining of the several adjournments sought by the prosecution, Justice S N Dhingra observed it was being realistic in understanding the essential nuances of court proceedings in the manner they actually worked.

The judge defined adjournments in a trial as the “sine qua non” — a Latin legal maxim meaning an indispensable and essential action or condition— of the Indian justice delivery system. “Adjournments have become the sine qua non of our judicial system. When the trial court refuses to give adjournment, even on fake grounds, the other party approaches the next higher court. The next higher court normally allows such petitions and more delay in the trial occurs,” noted Justice Dhingra.

Given the tricky situation, it was better to defer the proceedings for a reasonable period, as it was the only “practical” move available, according to the judge. “Under the circumstances, I consider that the trial court always considers it better to give an adjournment instead of letting the case get delayed for several months. No fault can be found with this practical approach being adopted,” said Justice Dhingra.

Justice Dhingra was deciding an application by an accused, charged with murder and robbery, who claimed unnecessary adjournments were being sought by the prosecution. The judge called for the trial court records and asked the state prosecutor to give a chart detailing what had happened on every date of hearing. The chart showed that on several occasions, adjournments had been sought by both the prosecutor as well as the defence counsel jointly, hence no party could be blamed. Justice Dhingra then dismissed the petition. A senior prosecutor concurred, saying if the court was satisfied with the reasons, the Code of Criminal Procedure allowed adjournments to serve the ends of justice.

http://www.indianexpress.com/news/-Adjournments-necessary-part-of-complex-legal-proceedings-/685755/

Tuesday, September 21, 2010

Woman thrashed inside HC in presence of police, advocates

Woman thrashed inside HC in presence of police, advocates


A Subramani, TNN, Sep 21, 2010, 05.30am IST
Article

CHENNAI: In an incident that underscored the vulnerability of the Madras high court campus to security threats, a young woman was thrashed and dragged away by her relatives in full public view on Monday even as police personnel watched in silence. Even her screams and wails evoked no response from the personnel posted on the court premises.

Finally, when the gang of relatives attempted to push the 25-year-old woman, Deepa, into a waiting car, some advocates intervened and said they would not allow her to be taken away in such a manner. They escorted Deepa back to the court and the judges, who took up the matter again, sent her to a government home.

As per a February 2007 order of the first bench of the court and a subsequent government order, the HC premises should be guarded by a 252-strong police force "at all times". The order, passed by the then Chief Justice AP Shah and Justice K Chandru, said: "No personnel, who is coming within the sanctioned strength of 252, comprising various categories, shall be deputed to any other work, except for the work of the high court, and no diversion of the force will be permitted, except with the prior permission of the chief justice."

The government had given its full consent to the order and besides stationing the prescribed number of personnel, it also gave an undertaking that they would be imparted adequate training.
If 252 police personnel were actually on duty on the court campus on Monday, none of them was seen anywhere near the hapless woman when she was being thrashed and dragged away by her relatives.

The matter relates to a habeas corpus petition filed by K Manimaran (27) of Villupuram district, stating that his wife Deepa was in the illegal detention of her parents. Manimaran, a law graduate, and Deepa, an MPhil degree holder, got married in October 2008, when they both were students, and were living separately till June this year. After Deepa's father got to know about the marriage, the couple started living together since July 28. On August 13, her parents took her away by force, prompting Manimaran to file a habeas corpus petition. However, when she was produced in court on Monday, Deepa informed the judges that she was staying with her father after ill-treatment by her husband and that she was not under any illegal detention. After recording this statement, the bench, comprising Justices M Chockalingam and M Sathyanarayanan, allowed Deepa to go with her parents.

The commotion started when Deepa stepped out of the court hall; her relatives rained blows on her. When they tried to bundle her out of the court premises, unmindful of her full-throated screams, not a single police or court official came to her rescue. She collapsed on the staircase, gasping for breath. On information, registrar-general S Vimala rushed to the spot, but Deepa had already been carried to a waiting vehicle by then.

Madras High Court Advocates Association president RC Paul Kanagaraj and senior lawyer Y Deva Arul Prakash explained the commotion to the judges and said Deepa was not safe in the custody of her parents. After Paul Kanagaraj mentioned the matter to the judges in their chambers, the court re-convened in the afternoon and said Deepa must be sent to the government home on Kutchery Road in Mylapore until further orders. It said neither her husband nor her parents must visit the home and disturb her during her stay there.
More than the facts and circumstances of Deepa's case, what was shocking was the utter absence of response from the police and court security personnel, who must maintain campus peace "at all times".

"If the police cannot foil a motley group's uncivil behaviour on campus, how can they be expected to take on concerted anti-social behaviour or a serious security breach?" asked an angry senior member of the Bar.

The incident also exposed the dangers of unfettered access available to private vehicles and strangers frequenting the court premises. It is time to restore the hugely popular and successful access control system, which was the first victim of the February 19, 2009, police-advocate clash on the campus, feel some senior advocates.

"Regulating the entry of private vehicles and strangers and streamlining vehicle parking on the campus will greatly enhance the general security situation in the high court," said a senior police official.

 http://timesofindia.indiatimes.com/city/chennai/Woman-thrashed-inside-HC-in-presence-of-police-advocates/articleshow/6596618.cms#ixzz10837Y7Fq

Monday, September 20, 2010

Judges in the NET-SC collegium considering use of blog and twitter by judges

SC collegium considering use of blog and twitter by judges

New Delhi, Sep 20 (PTI)

The Supreme Court collegium is considering whether the issue of some High Court judges airing their views through blogs and twitter is against the code of conduct for judiciary.

The disclosure was made by Law Ministry which provided its correspondence, in an RTI reply, with the Supreme Court on a Parliament question in which an MP had asked whether the Government of India was aware that some High Court judges were airing their voice through blogs and twitter.


The MP had also sought to know if the practice was against the code of conduct of judiciary and, if so, what preventive measures were being taken to check this trend. The Law Ministry to whom these question were directed forwarded them to Supreme Court. The apex court in its reply to the ministry said it was for the government to answer the first part which said whether Government of India was aware that at present some High Court judges are airing their voice through blogs and twitter.

For the remaining part, the Supreme Court said, "the matter is being considered by the Collegium in the light of the Resolution ib "Restatement of Values of Judicial Life" as adopted by the Supreme Court in the Full Court meeting held on May 7, 1997."


While the Law Ministry made its correspondence with the Supreme Court available to activist S C Agrawal but when he posed the same questions before apex court the RTI application was rejected by the Central Public Information Officer. "Information in the nature sought by you are confidential and are exempted under section 8(1)(c) of the Right to Information Act 2005, and you have no right to access such information...Besides the information is not held by or under the control of the CPIO, Supreme Court of India," Smita Vats Sharma, Central Public Information Officer said.

The section cited by the CPIO exempts from disclosure the information which would cause a breach of privilege of Parliament or the State Legislature.

http://www.deccanherald.com/content/98126/sc-collegium-considering-use-blog.html

Cannot allow HC writ recourse in corruption cases: Delhi High Court

Cannot allow HC writ recourse in corruption cases: Court

New Delhi 1,400 Corruption cases pending in the Delhi courts at present


While other doors are already shut on the city’s government officials trying to get FIRs in corruption cases slapped against them quashed, there is something more worrisome that may permanently close their option of moving the Delhi High Court by filing writ petitions — the only remedy left with them as on date.

Noting that the High Court should not entertain writ petitions filed by public servants who opt to challenge the orders of the special courts’ framing penal charges against them, a single judge bench of the Delhi High Court has sent the question to the Chief Justice to settle the matter.

An adverse order would also mean no more stays on the trials at the lower courts, where corruption cases lingering for decades is more a norm than an exception. Seized of over 30 petitions on the same issue, Justice S N Dhingra was of unequivocal opinion that when the High Court had already restrained the accused from challenging the lower courts’ orders under other legal provisions, they should not be allowed to do so by invoking the extraordinary jurisdiction of the court by way of writs.

According to Justice Dhingra, it was understood that the accused could not raise grievances against the framing of charges under Section 482 of the CrPC that gave the High Court “inherent powers” to pass orders to secure the ends of justice. Similarly, the revision petition was also not maintainable under the law. The High Court, therefore, should not let the accused take steps indirectly which could not be taken directly.

“The legislative intent, as expressed by the Prevention of Corruption Act, for speedier disposal of corruption cases cannot be allowed to be defeated by opening a back-door entry to the litigants for assailing orders on charge under the Constitution’s Article 227 (Power of superintendence over all courts by the High Court). It is evident from the fact that more than 30 petitions were initially filed as revision petitions but converted to writ petitions later by the order of the court. This shows that since the revision against order on charge was barred by statute, the court opened another door for doing what could not have been done by the petitioners due to the statutory prohibition,” noted Justice Dhingra.

The remedy of writs, according to the judge, was limited to ensure that trial courts did not overstep their authority, but it could not be stretched to examining evidence against the accused. Also, such petitions should not be entertained in view of the fact that corruption cases stretch for decades, the judge added.

“It is well-known that trials in corruption cases are not permitted to proceed easily and they take anything up to 20 years. One important reason for this is that the moment a charge is framed, every trial lands in the High Court and the order on charge is invariably assailed by litigants. The High Court, being flooded with such revision petitions, would take years deciding the revision petitions,” he observed.

Since there were two different views on the subject by two judges of the Delhi High Court, Justice Dhingra posted the question to Chief Justice Dipak Misra for referring it to a larger Bench. He, however, made it clear that there would be no stay of proceedings before the trial court in any of the cases.

http://www.expressindia.com/latest-news/cannot-allow-hc-writ-recourse-in-corruption-cases-court/684063/

Sunday, September 19, 2010

Delhi court –PWDVA-MIL SIL can file PWDVA on Bahu ?-'Mother, sisters protected equal to man's wife'

Delhi court –PWDVA-MIL SIL can file PWDVA on Bahu ?-'Mother, sisters protected equal to man's wife'

PTI

19 Sep 2010

NEW DELHI: The mother and sisters of a man are equally protected in a dispute with his wife under the Domestic Violence Act and they cannot be made accused without a scrutiny of charges against them, a Delhi court has said.

"The Protection of Women from Domestic Violence Act, 2005 protects the mothers, sisters and daughters from any kind of physical and mental abuse or violence in as much as it does the daughter-in-law. The court as a protector and implementor of rights, is required to perform a balancing act," Additional Sessions Judge Kamini Lau.

The court said that raising allegations by a woman against her mother-in-law and sisters-in-law without any substance would rather cause violence to them.

"Making wild allegations against an unmarried sister-in-law of a tender marriageable age by an estranged wife of brother tantamounts to inflicting violence upon her and it is the duty of the court to ensure that she is protected from the same.

"Violence can also be inflicted by an estranged wife or daughter-in-law or sister-in-law upon other members of the husband's family to gain and secure personal points and financial control or for separating her husband from his parents and other family members," the court said.

It further said that mother-in-law or sisters-in-law (married or unmarried) cannot be permitted to be subjected to harassment only because they happen to be related to the estranged husband of the woman (complainant).

"It is necessary to ensure the court does not get swayed by astute legal drafting of the counsel and is required to get at the truth of the allegations by examining them on the touch-stone of reasonableness and probabilities. Where a complaint appears to have been filed on grounds only to humiliate the family members, the same is required to be thrown out at the earliest opportunity", the court said.

The court made these observations while setting aside an order to summon the mother, two sisters-in-law including the married one of a man on a complaint filed by his wife alleging harassment.

ASJ Lau pointed out that the complainant alleged that her in-law had forcibly taken away her salary and wages which is false and incorrect as she herself admitted that she was not working. The court also said that the allegations regarding harassment for dowry do not appear to be "credible and truthful" particularly in view of the background that the marriage between the sparring couple was a secret, runaway marriage as an outcome of a love affair between them.

The woman said that she had married the man in July, 2008 and had faced harassment and torture for dowry.

 

http://expressbuzz.com/nation/mother-sisters-protected-equal-to-mans-wife/208156.html

Friday, September 17, 2010

Judicial Stunner- Incomplete 'Phere' breaks marriage bond –discussion-video report

Judicial Stunner- Incomplete 'Phere' breaks marriage bond

 

Video report on INDIATV

Husband wife and their lawyers discuss the case with views from the SC lawyer and Pundit on incomplete phere as ground

 

 

 

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image

In a bizarre ruling, a family court in Kanpur district of Uttar Pradesh annulled the 12-year-old marriage of a couple on the basis of five ‘Phere’ (steps) and same gotras.

It was a shocking verdict for girl's father, who is fighting the legal battle since 22 August 2001.

In the 100-page ruling, the judge pronounced the verdict against Neeru, citing reduced Phere and same gotras. The judge said that as per the Article 11 of the Hindu Marriage Act 1955, the marriage was not completed due to reduced Phere and same gotra. As per the Hindu Marriage rituals seven Phere are compulsory. Surprisingly, the marriage was cancelled by the family court for just short of two Phere.

The 'Saat Phere' is an important ritual performed during the wedding in which the bride and the groom circumambulate a sacred fire, known as agni, seven times.

However, Neeru claimed that the 'Saat Phere' ritual was properly performed at a time of marriage.

Reacting on the decision, the Neeru's lawyer described it as a big mistake committed by the family court. He said that there were four evidences had been produced before the court.

The pundit, who performed the marriage, deposed twice before the magistrate and he confirmed completion of 'Saat Phere'. Four other witnesses were also produced before the court and marriage video was also played twice in the court, the lawyer said.

However, lawyer is keen to challenge the lower court order in Allahabad High Court but demoralized Neeru refused to fight the legal battle anymore.

The verdict was real stunning for Neeru and people of the city as well. Neeru’s father is completely broken after the verdict and gave up the hope of any justice. A tearful Neeru was also disappointed with the verdict and said she don’t wish to challenge the verdict.

http://english.samaylive.com/nation/676473614.html

Thursday, September 16, 2010

Eight of 16 CJIs were 'corrupt': Ex-law min

Eight of 16 CJIs were 'corrupt': Ex-law min

New Delhi, September 16, 2010

Former Union Law Minister Shanti Bhushan on Thursday told the Supreme Court that at least eight of the 16 chief justices of India (CJIs) were "definitely corrupt". In an affidavit filed on Thursday, senior counsel Shanti Bhushan said that six of the CJIs were "definitely honest" and he could not comment on the remaining two judges. 

The senior counsel sought to be impleaded in a case in which his son Prashant Bhushan is facing contempt proceedings. 

Sixteen CJIs that Shanti Bhushan has mentioned in his affidavit are: Justice Rangnath Mishra, Justice K N Singh, Justice M H Kaina, Justice L M Sharma, Justice M N Venkatachalliah, Justice A M Ahemadi, Justice J S Verma, Justice M M Punchhi, Justice A S Anand, Justice S P Bharucha, Justice B N Kirpal, Justice G B Pathak, Justice Rajendra Babu, Justice R C Lohati, Justice V N Khare and Justice Y K Sabharwal.

Shanti Bhushan in his affidavit said that two former CJIs had personally told him that their immediate predecessors and immediate successors were corrupt judges.

He said that the names of those four CJIs were included in the list of eight corrupt CJIs.

http://www.hindustantimes.com/Eight-of-16-CJIs-were-corrupt-Ex-law-min/Article1-600823.aspx

Jobless father gets child maintenance from estranged wife

Jobless father gets child maintenance from estranged wife

HYDERABAD: If divorce and child custody laws are loaded against men, at least one such case has taken an objective turn at a city family court. Recently, the additional bench of the Hyderabad family court ruled in favour of a man who after winning the child's custody, sought financial aid from his working wife to raise the child until he was 18. The reason? The man in his petition stated that he had lost his job to make his marriage work thus holding the woman responsible for his jobless state.


The wife, who is a government employee, had filed for a divorce petition when the husband filed a petition simultaneously seeking the child's custody, stating that she had deserted their son. His custody claim was not countered by the wife and hence the court granted him the seven-year-old's custody. It was following this that he sought financial aid from his wife to raise the child, stating that he had been forced to spend considerable time at home to take care of the child and also trying to make his marriage work. In his petition he stated that he put in all possible efforts to save the marriage but his wife refused to listen to him. At a later date, she dumped her husband and child and walked out of their home. The divorce petition filed by her is still pending at the court.

This personal stress, he said, claimed his job of an administrator at a city-based hospital. "The mother has been asked by the court to bear the actual expenses of the child's education," said the lawyer representing the woman on conditions of anonymity. The amount will vary every month depending on the needs of the child.

This is not the first time that a man has sought financial aid from his estranged wife. A couple of months ago, a man moved the court seeking alimony from his wife citing his unemployment as the reason. However, this could well be among the first such verdicts wherein the court has conceded to the man's petition, by asking the woman to financially aid the man.

Nevertheless, lawyers are now speculating if the court would grant the divorce, now that it has made the woman responsible to bear the expenditure of the child's education. Also, lawyers are wondering what the court would do if the father manages to obtain employment by the time it hears the divorce petition. "For this the mother will have to file a petition or state during the hearing that the husband has found a job and that she no longer needs to pay for the child. However, this may take some time,'' a lawyer said.

http://timesofindia.indiatimes.com/city/hyderabad/Jobless-father-gets-child-maintenance-from-estranged-wife/articleshow/6562369.cms#ixzz0zgiTnfYf

Wednesday, September 15, 2010

GF/concubine can't be prosecuted for cruelty: SC

Full text available @

http://legalmanthan498adowrymisuse.blogspot.com/2010/09/sc-girl-friend-concubine-though-staying.html

 

GF/concubine can't be prosecuted for cruelty: SC

15 sep 2010

New Delhi: A girl friend, concubine or live-in-partner cannot be prosecuted for cruelty by an estranged wife though the husband and other family members can be made liable for the offence, the Supreme Court has held.


A Bench of Justices Altamas Kabir and AK Patnaik in a judgement said that under Section 498A, it is the husband and his other relatives who can be prosecuted but not the girl friend, live-in partner or concubine even if they are staying with him.

The Bench passed the judgement while upholding an appeal filed by Sunita Jha, challenging the cognizance taken by Sub-Divisional Judicial Magistrate, Dumka, Jharkhand, under Section 498A IPC on the basis of a complaint filed by estranged wife Asha Rani.

Rani had filed the case not only against her husband Mukund Chandra Pandit but also against Sunita who was living with him without marrying him. Rani argued that even though Sunita was not married, yet by her conduct of staying with Pandit they were deemed to be husband and wife. The sessions court dismissed Sunita's plea for quashing of the criminal case and the Jharkhand High Court also refused to interfere with the decision.

The High Court took the view that since Sunita was living with the accused husband of the complainant, she must be deemed to have become a family member of Mukund Chandra Pandit for the purpose of Section 498A IPC. Aggrieved, Sunita appealed in the apex court. Interpreting the provision, the apex court said that under Section "498A, husband or relative of husband of a woman subjecting her to cruelty, whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine."

The apex court recalled its earlier ruling in the U Suvetha's case that neither a girl friend nor a concubine is a relative of the husband within the meaning of Section 498A IPC since they were not connected by blood or marriage to the husband.
"We agree with the submissions made on behalf of the appellant that the learned Judge of the High Court committed an error in bestowing upon the Appellant the status of wife and, therefore, a member of Mukund Chandra Pandit's family.
"The doctrine of acknowledgement would not be available in the facts of this case. No doubt, there is direct allegation against the appellant of cruelty against the Respondent No.2, Asha Rani Pal, but as indicated in U Suvetha's case, the same would enable the Respondent No.2 to proceed against her husband under Section 498A I.P.C. and also against the appellant under the different provisions of the Hindu Marriage Act, 1955, but not under Section 498A I.P.C.," Justice Kabir, writing the judgement, said.

http://www.zeenews.com/news655315.html

Should a woman marry her rapist?

Should a woman marry her rapist?

KALPANA SHARMA , Sep 15, 2010, 12.21pm IST
When a rapist offers to marry the victim, one would think it's the perfect solution. But isn't this victimization of the victim all over again?
You normally don't expect a girl to marry her rapist but in a recent case in West Delhi, a woman wanted to marry the guy who allegedly raped her. This is obviously not a one off case and definitely brings to limelight the existence of an insensitive society that doesn't think twice before putting a girl up for trial, once again.
This March, K G Balakrishnan, the then Chief Justice of India had said, "A woman should be allowed to have a baby out of rape and/or marry the man and drop the rape charge if she so wishes." But most don't call the step justified. Kavita, an NGO worker stresses on the point. "The girl has already been wronged once. And to add to the misery, her predator neatly escapes the consequences of the crime by simply marrying the girl. You never know if this practice catches on, rapists might resort to such techniques on any girl he fancies. This is just not done."
The rapist also takes advantage of the social stigma that no man will accept a woman who has been raped. A source from National Commission of Women reveals, "We have bailed out some small town girls in the past. We make sure that mindless community panchayat decisions are challenged. But in some cases it gets very difficult when the girl's family and the girl herself agree to marry the rapist." But the girl should be given her due, and allowed to make a free decision without having to succumb to the social attitudes.
Psychologist Seema Hingoranny agrees, "A woman should never marry her rapist. Rape is a big trauma and the victim requires intensive therapy to get out of it. Some people get married because of their insecurity and the stigma that no one will marry them. But these girls barely forgive the rapist." She goes on to add, "Also, you cannot completely ignore the psychological status of the man. Someone who can commit such a heinous crime has something incorrect in his character and such marriages can never work. It could lead to more violence. I am totally against this idea. Instead of getting her married to the rapist, family and the government should think of ways to rehabilitate her."
Some have issues with its TV potrayal too. Says an activist, "Indian television has replicated these real life incidents into reel life. What they don't understand is that this could lead to serious repurcussions. TV channels should ensure that they are not propogating the act by showing victims marrying their rapists."
The aftermarks of the incident that are so deeply etched in the girl's mind never let her get over the trauma. And the dilution of punishment for the rapist should not be tolerated!
http://timesofindia.indiatimes.com/life-style/relationships/man-woman/Should-a-woman-marry-her-rapist/articleshow/6558340.cms#ixzz0zbwFGHmy

One adverse entry in service record & you’re gone, Supreme Court tells judges

One adverse entry in service record & you’re gone, Supreme Court tells judges

Wednesday, Sep 15, 2010, 3:03 IST
By Rakesh Bhatnagar | Place: New Delhi | Agency: DNA

Subordinate court judges, beware! The Supreme Court (SC) has held that even a single adverse entry, howsoever old, in the service records of such judges casting doubts on their “integrity” can lead to serious consequences, including forced retirement.

SC, which is engaged in strengthening infrastructure in subordinate courts where at least 2.5 crore cases are pending for years, wants matters relating to judicial officers examined differently than any other “wing of society”, such as government servants.

“He [the judge] is serving the state in a different capacity,” the court said while upholding a Jharkhand high court (HC) full bench order awarding compulsory retirement to temporary additional district judge Pyare Mohan Lal.

Lal joined Bihar Civil Service in 1982 as a munsif (judicial magistrate) and was confirmed in 1987. In March 2001, the Patna high court issued a notification promoting him to the post of subordinate judge.

The same year Bihar was bifurcated and Lal was sent to Jharkhand. After serving as a sub-judge in Ranchi, he was again promoted, along with other judicial officers, as a temporary additional district judge in the city’s fast-track court.

On May 12, 2003, however, the Jharkhand HC passed an administrative order recommending compulsory retirement of six judicial officers, including Lal, in “public interest”.

The court had examined Lal’s service record and found that he was an average officer who needed massive improvement. His reputation was not good, either.

In fact, the inspecting judge of HC submitted an adverse report about him, saying Lal’s knowledge was average and he needed “extensive study”. The judge said his disposal of cases was not “up to the mark” and there were “some whispers [about his reputation]”.

Lal moved HC, but to no avail. He later filed a petition before SC alleging “non application of mind” by HC and termed its order “mala fide”.

Rejecting his pleas, a bench of justices JM Panchal, Deepak Verma and BS Chauhan held that since Lal’s retirement had been upheld by a full bench of HC, “there is hardly any chance to make allegations of non-application of mind”.

Referring to Lal’s service record, the bench said it’s evident that he “remained an average officer throughout his career” and could “never improve”. His performance had been poor and there were entries that his “integrity/reputation was not good”, it said.

http://www.dnaindia.com/india/report_one-adverse-entry-in-service-record-and-you-re-gone-supreme-court-tells-judges_1438109