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Posts Tagged ‘cases’

Blame judges for 3 crore pending cases

Posted by iluvshrutiverma on February 12, 2010

NEW DELHI: A Delhi high court judge has blamed his colleagues for the
“culture of adjournment” that often prolongs cases for years.

Rueing the “latitude shown by the high court” to lawyers who plead for
adjournments, justice S N Dhingra said: “*It appears as if there is an
understanding between the courts and advocates *that come what may the
orders of trial courts refusing adjournments shall be set aside on mercy
pleas and one more opportunity shall be granted.”

*Claiming that courts often grant adjournments on “frivolous grounds”,
Dhingra said: “A separate breed of advocates has cropped up who are experts
in pleading for adjournments and dragging cases. This culture has to be
brought to an end,”* the HC noted, while upholding a order passed by a
guardianship court in a child custody dispute between a couple. The court
refused to adjourn the case when the *woman’s lawyer claimed that he had
left the case files in his car which was stolen 11 days ago. *

The last line shows the cute argument by the lawyer!  If you think that a
lawyer will not lie about his car being stolen, maybe you need an education
in what lawyers in India can get away with.  In BMW case, the
‘well-respected’ defence lawyers who influenced a key witness and were
caught in a sting operation were fined a mere Rs 2,000 by the bar council
and were not allowed to take cases for 2 months.  Long live bar councils!  I
am not saying that, lawyers are.

The HC agreed with the decision of the lower court to proceed with the
hearing and close cross examination of witnesses, despite protests by the
advocate of the child’s mother. “*Adjournments are sought in the name of
strikes, elections, personal difficulties of the senior or briefing counsels
or because two counsels agree to an adjournment*…

Did you read the last part… *two counsels agree to an adjournment… *so now
if you have a doubt how come your case drags on for so long, don’t just
blame other party’s lawyer; it could well be your own lawyer is a willing
party to this *adjournment game at your expense*.

This whole culture of adjournment is a major reasons why a *case or a
petition, which should be decided in two or three hearings, is disposed of
in more than 100 hearings,” *the HC noted while dismissing the appeal filed
by the child’s mother against the lower court’s order.

This is a damning indictment of judiciary and judges.  On one hand, prime
minister, law minister, and chief justice rue about 3 crore plus cases
pending in courts; but if a case is dragged from 3 hearings to more than
100, even god in his next avatar cannot reclaim the judiciary from sinking
*Since lawyers do their job in representing their clients, the majority of
blame lies with judges in granting adjournments at the drop of a hat.*

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No Arrest in dowry harassment matters!

Posted by iluvshrutiverma on October 17, 2009

  • No arrest in matters where the maximum punishment is less than 7 years
  • Law commission gave report to home minister
  • No need to review the provisions of stay

The path is clear for implementation of Cr.P.C. amendments that have mandated no arrest of the accused in cases leading to less than 7 years of imprisonment. Law commission, along with tightening the grip on police officials, has recommended the continual of recent amendements. The commission said it is un-necessary to ponder on the other section – 309. Staying the proceedings or not is a matter of court’s jurisprudence.

Under the new provisions 41-A, the police will not arrest the accused for crimes that are punishable with less than 7 years. In stead, the police can issue a notice ‘informing’ them that they should appear at the police station for investigations.

The commission said that the word ‘may’ should be changed to ‘will’ in the provisions. This implies that sending the notice to the accused should be made mandatory. Commission said this is to ensure that police officials do not benefit the accused under any political pressure or by unfair dealings. The commission also said that if the addressee of the notice hides own identity, then this can be a basis for arrest.

In the report, chief of the commission Justice A R Laxman clarified that the decision not to arrest the accused is equivalent to judicial directives. If a police official mis-uses powers, then he would be liable for contempt of court in addition to the departmental disciplinary action.

AMENDED SECTION 41-A: police will not arrest person accused with offenses punishable with less than 7 years. In stead, a notice will be issued to them. Only on a failure to follow notice can an arrest happen with the orders of a magistrate. Crimes like eve teasing, attempt to loot, and dowry torture will come out of the ambit of arrest. Till now, an arrest used to happen immediately after the registration of F.I.R. because offenses with more than 3 years punishment were cognizable.

Intention: stopping arrest in un-necessary and false cases. Also to reduce the crowd in jails

Opposition: Criminals will lose the fear of law

AMENDED SECTION 309: not to stay the case in the absence of lawyer

Intention: To reduce the burden of cases and controlling the tendency to delay proceedings for a long time

Opposition: lawyers said, this is against the natural principles of law. Accused will suffer because of this.

Dahej Pratadna Mamlon mein Giraftari Nahi

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