~:C.C.4.U:~ Infraction of law and VIOLATION OF humanrights

 

COMRADES
 

       THERE WAS A REPORT IN THE HINDU NEWSPAPER OF INDIA(24/11/2009 OR SO) IN WHICH THE HONOURABLE CHIEF JUSTICE OF INDIA ,IS QUOTED AND WRITTEN THAT CRORES OF CASES WERE DISPOSED IN 2008 AND THAT THE AVERAGE TIME TAKEN BY A JUDGE TO PASS ORDER IN A CASE WAS ABOUT 25 MINUTES OR SO.IF THIS IS WHAT IS GOING ON IN THE JUDICIARIES WORLD OVER ,THEN THERE IS REASON TO BE WARY OF AND CONCERNED.

 

  WOH ONE SHOULD COMPREHEND THE WAY IN WHICH ORDERS WERE PASSED,except in cases involving the supposed bigwigs and influential politicians. TAKE FOR INSTANCE A CIVIL CASE ,TO READ OR RATHER PERUSE CAREFULLY A DOCUMENT OF TITLE AND THE ATTENDING BASIC DOCUMENTS ITSELF IT WILL TAKE SOME TIME. THEN THE OTHER DOCUMENTS ARE THERE, NAMELY THE PLAINT AND WRITTEN STATEMENT. THEN COMES THE EVIDENCE AND DEPOSITIONS. AFTER CAREFULLY PERUSING THESE ,ONE HAS TO WEIGHT THE PROS AND CONS TO ASCERTAIN AND APPLY THE ARGUMENTS OF THE PARTIES AND AFTER THIS DECIDE ON THE LAW APPLICABLE AND THERE AFTER PASS AN ORDER. BY WHATEVER STRETCH OF IMAGINATION  ALL THIS CANNOT BE DONE IN SAY 25 MINUTES.

 

   SO  IN ORDER TO PLEASE DISORIENTED PERSONS ,WHO DO NOT EVEN KNOW WHAT IS LAW (PROCESS OF ACHIEVING RIGHTEOUSNESS) AND WHO FOR PUBLICITY SAKE AND POPULARITY LAMENTS THAT FAST DECISIONS SHOULD BE CHURNED OUT ,WITHOUT HAVING ADEQUATE NUMBER OF JUDICIAL OFFICERS , ELITE  JUDICIAL OFFICERS ARE MADE TO CHURN OUT HALF BAKED ORDERS.

 

  THINK OF IT IF CIVIL CASES ARE DECIDED LIKE THIS PEOPLE WILL LOSE THEIR VALUABLE PROPERTY RIGHTS. IN CRIMINAL CASES MORE CAREFULNESS IS NECESSARY . WHAT HAPPENS IN THE EVENT OF CRIMINAL CASES BEING DISPOSED IN A LACK LUSTER AND CARELESS WAY WITHOUT PERUSING THE EVIDENCE AND CASE RECORDS ,PEOPLES LIBERTIES AND FREEDOMS WILL BE ILLEGALLY INFRINGED. THIS IS WHAT WILL HAPPEN IN HURRYING JUSTICE

 

    JUSTICE HURRIED  COMRADES  WILL RESULT IN JUSTICE BEING BURIED

 

 

   THIS IS MORE SERIOUS THAN JUSTICE DELAYED. EVEN IF JUSTICE IS DELAYED A LITTLE ,ONE CAN BE SATIATED  THAT AT LAST I HAVE GOT JUSTICE. JUSTICE  IF BURIED WILL BE LOST FOREVER.

 

  GOING  BY THE HELPLESS LAMENTATION OF OUR BELOVED AND LEARNED  HONOURABLE CHIEF JUSTICE OF INDIA ONE CAN DEFINITELY SAY THAT IF THIS BURIAL GOES ON ,PEOPLE WILL ORGANISE INTO GANGS AND TAKE TO SELF HELP. EVEN NOW THIS IS HAPPENING

 

   SO BEFORE THIS HAPPENS SOMETHING SHOULD BE DONE TO PREVENT THIS IMPLOSION OF THE RULE OF LAW AND ATTENDING CHAOS. THE UNDER SAID ARTICLE  ASSUMES SIGNIFICANCE FOR APPLICATION STRICTLY , FOR SAVING PEACE AND PROGRESS.NO WONDER THE TRANSPARENCY INTERNATIONAL SAYS IN ITS REPORT OF 2007 THAT 77% OF THE PEOPLE IN INDIA DO NOT TRUST THE JUDICIAL PROCESS.

 THE JUDICIAL HIERARCHY SAYS THAT IF ACTION IS TAKEN AGAINST THE JUDICIAL OFFICERS ....IT WILL DEROGATE OR EFFECT THE TRUST OF THE PEOPLE IN THE JUDICIARY. HEARING THIS ONE WONDERS WHAT TRUST IS THERE ????????????????????????????????????????????

            REESTABLISHING  THE LOST TRUST CAN BE DONE ONLY BY TAKING STRONG ACTION AGAINST THE ERRING JUDGES. ANYONE PASSING ILLEGAL ORDERS DELIBERATELY HAS TO BE DISMISSED AND ANYONE IN THE JUDICIARY WHO PREACHES THAT LAW CANNOT BE FOLLOWED HAS TO BE SHOWN THE DOOR AND KICKED OUT. IN THE NAME OF PRACTICALITY ALL LAWS ARE GIVEN A GO BY UNSCRUPULOUS PERSONS WHO IS CONCERNED ONLY TO ESTABLISH THEIR WHIM AND FANCIES AND FURTHER THEIR INTERESTS.

 

      THEORETICAL PERFECTION PRACTICALLY ACHIEVED IS THE BEST THAT EVER CAN BE ACHIEVED .ANYONE  SIDELINING THE THEORIES WILL ONLY SOUND THE DEATH KNELL OF THE TRUST IN THE JUDICIARY.

 

   THINK OF IT " WHAT IF THE  THE THEORY OF GRAVITATIONAL LAW IS STOPPED FOR A MOMENT IN THE NAME OF PRACTICALITY.....LO THE ENTIRE WORLD WILL BE DESTROYED.

   LAWS ARE ENACTED BY THE PEOPLES REPRESENTATIVES FOR THE GOOD OF THE PEOPLE AFTER GREAT DELIBERATIONS WHEN SOCIAL MALADIES SPRING UP . ANYONE WHO GOES AGAINST THESE LAWS ARE ANTI SOCIALS AND CRIMINALS. IN THE NAME OF PRACTICALITY BREAKING LAWS AND NOT FOLLOWING IT  DESTROYS THE WHOLE SYSTEM OF LAW AND THE CONCEPTS OF EQUALITY BEFORE LAW AND EQUAL PROTECTION OF LAWS. 

COMRADES

THE UNDERMENTIONED FACTS NEED  URGENT ATTENTION AND CONSISTENT  ACTION TO SEE THAT  HUMANS ARE TREATED AS HUMANS AND WE CAN ALL PROGRESS  IN PEACE  TOWARDS A  SOCIETY BASED ON UNIFICATION OF HUMANS UNDER THE AGESIS OF GOD.  Human Rights depend  mostly on the cardinal principle  of equality before law and equal protection of law.    Now we are passing through and in the era of The rule of law.                             It is said that the progress of the humanity is from the Rule of  jungle to the Rule of law  and ultimately to the rule of love.                                               As   A  person in the era of the Rule of jungle could not comprehend how a society based on the rule of law will run . Now we in the era of the  rule of law will not be able to comprehend  the society running on the concept of the rule of love.                       To hasten the atainment of the  highest level of progress  we will have to  steamline the rule of law and exel therin.                     To  achieve this the organs dealing with the enforcement of rights and  remedies for their violations  should act truthful and  effective.                                       In India  The Supreme court of India has as late back as in the 1970 s held that the duty of the  prosecution(police is to bring out the unvarnished truth ,and not to bolster up a prosecution case with such evidence as to enable the court to record a conviction.                   The concept that follows from this is that the duty of the police is INVESTIGATION of TRUTH,  a rather uncomparable noble duty. The duty cast upon the Courts is to see whether the facts brought before it by the  inversigation agencey is legally admisible to substantiate a conviction or upholding of rights.                     this being the basic principles if the police personal and the Judicial officers function  honestly  according to their duties Human right violation can be easly  curtailed and remedial and  mitigating actions can be undertaken.                     But this is not being effectively done . The machineries for preventing  human right  violation being  vibrant and effective theoritically  . it depends upon the persons who man them to make them effective . If the persons enforce the law and follow the law and its principles in spirit and content the  goals set can be easely achieved. But it is seen that  the persons who man these bodies sidelines the theory and in the name of practicality  do whatever they please according to their whim and fancies and against law and principles wreaking untold damage to Human rights and the institutions for safeguarding  humanrights.                                At present there is no foolproof way to ascertain truth. The only certain scale  for equality is law. It is also by the principles of law and crossexamination truth is ascertained and established . But the instrument of crossexamination is not perfect and foolproof.  Until a foolproof mechanisam or way for ascertaining truth is found we will have to depend upon legal principles for ascertaining truth.                                      This being the case  anyone sidelining the principles of law or law and coming to conclusions should be termed as a  antisocial .                                                                            It is said that  Theritical perfection Practically  achieved is the best that can be ever achieved.                                                                              in India the wildest form of human rights violation is carried out by the agencies  who are supposed to protect humanrights violations.                                   this is done by mainly sidelining law and deciding the rights of parties on the whims and fancies of the deciding authority. This has reached such alarming propositions that  even government officers are doing it, thereby causing untold damage to the rights of people.                                 The common cry loudly made by persons who want to sideline law is the cry of JUSTICE DELAYED IS JUSTICE DENIED.  In the name of hastening justice all rules of law are sidelined and  orders are passed ignoring law and rights of parties therby violating  basic human rights.                                    The principle of audi altrem partem is violated by not considering and applying what is placed and submitted . The contentions of the parties and legal points wont find a place in the order fully, therby enabling the deciding authority to pass any order even against law.  In the name of speedy justice half baked orders against law is churned out with impunity one will be astonished.All these are done ignoring and sidelining  the more IMPORTANT AND CARDINAL PRINCIPLE   JUSTICE HURRIED IS JUSTICE BURIED.     When justice is huried and buried it will be lost forever. Justice even if delayed  we can be satiated with the feeling at last i have got justice.                                   For doing anything some time is required , in the same way for deciding cases especially when there is shortage of Judges, some time will be take for logically deciding cases finally. If time is not given for geting documents and evidence , reality will be shut out and decisions will  be unjust. and against facts and truth.                                                                             So even if Justice is delayed a little it should never be buried. For burying will be infraction of human rights.                              Take the case of Right to information Act  in India, A really great law supporting right to know and preventing corruption . By this law any person  is entitled to get information from any public authority except those included in the second schedule of the Act. By the defenition of public authority  one is entitle to get information from courts , A  public authority, Courts are said to be open courts. All documents in courts are public documents(SEE sec;74 Indian Evidence Act). This being the case anyone is entitled by the manifest sections of the Right to information act  to get information and certified copies of documents from courts. But the kerala High court has by using the rule making power confered by the Act framed a rule namely Rule 12 which denies information connected with any case  in the courts. This rule renders the rights confered by the manifest sections of the Act redunant and nugatory.A rule making power granted under the Act is used to destroy the benefits confered by the act.                                      Under the interpretations of the statutes principles If a rule framed under an enactment is against the sections in the Act the rule will be invalid and cannot be enforced. The rights confered by the sections of the Act will stand. The Supreme court of India has affirmed this principle in the ratio decienti  of the case reported in  A.I.R.1969 Supreme court  , page 1064.                                                        In the appeal under the Right to Information Act , namely Appeal No:1/2008.  decided by the sherestadar District Court Calicut, In spite of there  being a definate contention in the appeal memo itself  of the proposition of law as stated above . And in defiance and sidelining  the ratio of the Apex court of india precedent produced along with the argument note filed in the case by the appellant. The Sheristadar who is deciding rights of parties , held that the rule is valid and denied information from the records of the courts. The dishonesty is evident from the fact that  the sheristdar says  in the order that he has perused the argument notes and deliberately supressed the contention and precedent of the Apex court and decided the case as if there is no such contention. This has been done in spite of the Indian constitution saying , under Article 141 that the rulings i.e; the ratio decidenti of the decisions of the Apex court are law.                                Deliberately passing illegal orders violating humanrights  is explicit in the above case. Cases like this are rampant.                                        This is a new form of violation of human rights until now undetected. Emergent sternous action is necessary to crub this.                                         The august and vibrant institutions are destroyed and made ineffective by this type of corruption by evil and antisocial persons.                                               If this type of antisocial actions presists whater we do violations of humanrights will continue.                                                This is done in spite of the fact that  in India under the Indian penal code "  passing illegal orders in a judicial proceeding is an offence"  Section 167,219,467,470,191,195,420  I.P.C.etc.Any way these will invite a minimum seven years conviction. Think of it when a judicial officer passes ten illegal orders ......dosent he become a hardcore dibolic criminal.         IN INDIA COURTS ARE SUPPOSED TO BE OPEN COURTS. EVERYTHING THAT GOES ON IN THE COURTS IS ACCESSABLE TO THE  PUBLIC .NOWADAYS A NEW TEND IS SEEN  IMPLEMENTED WITH IMPUNITY BY THE JUDICIAL OFFICERS IN THE PROCEEDINGS BEFOR THE  COURTS. THE  GIVING OF  GREATER IMPORTANCE AND EMPHASIS TO SIGN LANGUAGE  IS ALSO SEEN TO USHER IN AN ERA WHERE IN  ON THE STRENGTH OF SIGN LANGUAGE THE JUDICIAL OFFICERS IGNORE EVERYTHING , EVIDENCE, PLEADINGS LAW,PRECEDENTS AND CONCEPTS OF APPRECIATION OF EVIDENCE AND PASS ORDERS FAVOURING PERSONS WHO SHOW THE SIGN LANGUAGE  ACCEPTABLE . ISNT THIS ENCOURAGING  ILLEGALITIES AND GIVING A STAMP OF AUTHORITY AND TRUTH TO FALSITIES.       USUALLY SIGN LANGUAGE IS GREATLY USED AND RELIED UPON BY PEOPLE  DEALING IN ILLEGAL THINGS LIKE DRUG RUNNING, PIMPING AND HARD CORE CRIMINALITIES. THIS IS RAMPANTLY USED IN  SECURING SEXUAL  UNION. HOMOSEXUALS USE IT WITH GREAT SUCCESS. THIS IS PREDOMINANTLY USED BY PERSONS WHO CANNOT COMMUNICATE FOR WANT OF EDUCATION EFFECTIVELY BY EMPLOYING APT WORDS. GOONDAS USE THIS FOR SECURING THEIR DESIGNS. ALL THESE COMMUNICATIONS , IF WE CLOSELY VIEW ALL THESE IS UNDER WORLD DELAINGS AND ILLEGAL DEALINGS.       A COURT OF LAW IS SUPPOSED TO BE TRANSPERANT IN ALL ITS DEALINGS AND PROCEEDINGS. THE LAW IS SUPPOSED TO BE DEFINABLE ,DEFINATE, CONSISTENT  AND UNIFORM. EVIDENCE IS TAKEN IN OPEN COURT.  ARGUMENTS ARE ADDRESSED IN FRONT OF THE ADVERSARIES AND THE  ADVERSARIES ARE GIVEN OPPORTUNITY TO REPLY . SO THAT THE JUDICIAL OFFICER CAN HAVE A RIGHT AND CORRECT VIEW OF EVERYTHING. LAW EMPHASIS ALL THESE SO THAT THE BATTLE IN COURTS IS DHARMAYUD.      THE PRACTICE BEING FOUND RAMPANTLY IN COURTS,OF JUDICIAL OFFICERS GOING BY SIGN LANGUAGE  SHOULD BE DISCONTINUED. MOST OF THE JUDICIAL OFFICERS ARE OVERAVED BY CERTIAN SIGN LANGUAGE WHICH THEY WRONGLY TAKE AS DEMENOR. THESE FOOLISH JUDICIAL OFFICERS DOSENT THINK AND ON SEEING THE SIGNE LANGUAGE BEING MADE ,DISREGUARDS EVERYTHING AND WRITES THE JUDGEMENT IN ACCORDANCE WITH THE PERSONS WILL,WHO MAKES THE SIGNE. THE ENTIRE FACTS, EVIDENCE ,LAW AND TRUTH WILL BE IGNORED AND SOME ILLEGAL ORDER ILL BE PASSES . THIS TYPE OF ACTS ONLY BRINGS DISREPUTE TO THE JUDICIARY AND SOUNDS THE DEATHKNELL TO THE JUDICIAL MACHINERY.      MOREOVER SIGNE LANGUAGE IS NOT DEMANOR. THIS IS NOT KNOWN BY THE UNWISE PEOPLE. DEMANOR IS THE NATURAL REACTION TO A SITUATION, COMMING OUT OF A HUMAN BEING ON BEING BECOMING AWARE OF A SITUATION. EVEN DEMANOR CAN BE IMITATED. SO WE HAVE TO GO BY FACTS ,EVIDENCE AND LAW AND NOT BY DESTUCTIVE THINGS.RELYING ON DESTRUCTIVE THINGS WILL ONY INVITE  IMPLOSION IN THE JUDICIARY.  THE TRANSPARENCY INTERNATIONAL NO WONDER IN ITS SURVEY OF 2007 SAYS THAT THE JUDICIARY IS NOT TRUSTED BY ABOUT 70% OF THE PEOPLE IN INDIA. IF THESE EVILS WHICH BRINGS DISREPUTE AND IMPLOSION IN THE JUDICIARY IS ERADICATED, NATURALLY , JUDICIARY WILL BE A VIBRANT INSTRUMENT OF STABLITY AND PROGRESS OF THE HUMANS IN PEACE.       WHEN  SIGN LANGUAGE IS EMPLOYED WITHOUT THE ADVERSARIES EVEN KNOWING THAT THIS IS EMPLOYED AND JUDGEMENT IS GIVEN ON THE STEALT SIGN LANGUAGE ISNT IT SOUNDING THE DEATH KNELL OF ALL THE  BROAD DECLARATIONS AND TALL CLAIMS OF THE RULE OF LAW AND THUS PUSHINGN THE PRESENT WORLD BACK TO THE DARK AGES.      IN ORDER TO SECURE THE AIMS OF RIGHTEOUSNESS AND PROGRESS , SHOUDNT THE COURTS BE  STEAMLINED TO SEE THAT THE LAW IS IMPLEMENTED IN ALL ITS FORMS STRICTLY.                                                                                       Gadhadharan.P.   3/604,Manipuram   Nadakav,Calicut    673011,Kerala State    India  gadhadharanclt@yahoo.co.in

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