Indian Criminal Justice System reform

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Nayak
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Re: Indian Criminal Justice System reform-I

Postby Nayak » 15 Mar 2009 18:56

Rape victim's uncorroborated statement can be trusted: Delhi court
15 Mar 2009, 0848 hrs IST
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NEW DELHI: A rape accused can be convicted based on statements of the victim under oath even if they are not supported by any independent
witness, a Delhi court has held.

"If the victim of rape states on oath that she was forcibly subjected to sexual intercourse, the said statement will clearly be accepted, even if it is uncorroborated," additional sessions judge Ravinder Dudeja said.

The court said an accused could be convicted on the basis of the victim's testimony alone if it "inspired confidence" and looked "natural".

"In the tradition-bound and non-permissive society of India, a woman is more conscious of the danger of being ostracised by the society and being looked down by the society and would want to avoid publicity on account of fear of social stigma," the court said.

The court's observations came in a verdict, sentencing 19-year-old Sandeep Kumar, an electrician, to a seven-year jail term for raping a woman after trespassing into her house on the pretext of repairing a fault.

It was alleged by the convict that the woman cannot be trusted as her testimony indicting him was not supported by any independent witness despite the fact that the alleged offence was committed in a densely populated area.

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Re: Indian Criminal Justice System reform-I

Postby Rahul Mehta » 15 Mar 2009 19:47

Rape victim's uncorroborated statement can be trusted: Delhi court
15 Mar 2009, 0848 hrs IST
Print Email Discuss Share Save Comment Text:
NEW DELHI: A rape accused can be convicted based on statements of the victim under oath even if they are not supported by any independent
witness, a Delhi court has held.

"If the victim of rape states on oath that she was forcibly subjected to sexual intercourse, the said statement will clearly be accepted, even if it is uncorroborated," additional sessions judge Ravinder Dudeja said.

The court said an accused could be convicted on the basis of the victim's testimony alone if it "inspired confidence" and looked "natural".

"In the tradition-bound and non-permissive society of India, a woman is more conscious of the danger of being ostracised by the society and being looked down by the society and would want to avoid publicity on account of fear of social stigma," the court said.

The court's observations came in a verdict, sentencing 19-year-old Sandeep Kumar, an electrician, to a seven-year jail term for raping a woman after trespassing into her house on the pretext of repairing a fault.

It was alleged by the convict that the woman cannot be trusted as her testimony indicting him was not supported by any independent witness despite the fact that the alleged offence was committed in a densely populated area.


This is nonsense. If there is no material evidence, then a Jury should be called to decide and should be allowed to ask accused to take truth serum test. And if after TS of accused, if Jury thinks that complainer is lying then Jury should be allowed to ask TS test on complainer.

Automatically sending a person to prison merely based on testimonies is utter nonsense.

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Re: Indian Criminal Justice System reform-I

Postby Nayak » 19 Mar 2009 10:05

As Jurors Turn to Web, Mistrials Are Popping Up




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By JOHN SCHWARTZ
Published: March 17, 2009

Last week, a juror in a big federal drug trial in Florida admitted to the judge that he had been doing research on the case on the Internet, directly violating the judge’s instructions and centuries of legal rules. But when the judge questioned the rest of the jury, he got an even bigger shock.

Eight other jurors had been doing the same thing. The federal judge, William J. Zloch, had no choice but to declare a mistrial, a waste of eight weeks of work by federal prosecutors and defense lawyers.

“We were stunned,” said a defense lawyer, Peter Raben, who was told by the jury that he had been on the verge of winning the case. “It’s the first time modern technology struck us in that fashion, and it hit us right over the head.”

It might be called a Google mistrial. The use of BlackBerrys and iPhones by jurors gathering and sending out information about cases is wreaking havoc on trials around the country, upending deliberations and infuriating judges.

Last week, a building products company asked an Arkansas court to overturn a $12.6 million judgment, claiming that a juror used Twitter to send updates during the civil trial.

And on Monday, defense lawyers in the federal corruption trial of a former Pennsylvania state senator, Vincent J. Fumo, demanded before the verdict that the judge declare a mistrial because a juror posted updates on the case on Twitter and Facebook. The juror had even told his readers that a “big announcement” was coming on Monday. But the judge decided to let the deliberations continue, and the jury found Mr. Fumo guilty. His lawyers plan to use the Internet postings as grounds for appeal.

Jurors are not supposed to seek information outside of the courtroom. They are required to reach a verdict based on only the facts the judge has decided are admissible, and they are not supposed to see evidence that has been excluded as prejudicial. But now, using their cellphones, they can look up the name of a defendant on the Web or examine an intersection using Google Maps, violating the legal system’s complex rules of evidence. They can also tell their friends what is happening in the jury room, though they are supposed to keep their opinions and deliberations secret.

A juror on a lunch or bathroom break can find out many details about a case. Wikipedia can help explain the technology underlying a patent claim or medical condition, Google Maps can show how long it might take to drive from Point A to Point B, and news sites can write about a criminal defendant, his lawyers or expert witnesses.

“It’s really impossible to control it,” said Douglas L. Keene, president of the American Society of Trial Consultants.

Judges have long amended their habitual warning about seeking outside information during trials to include Internet searches. But with the Internet now as close as a juror’s pocket, the risk has grown more immediate — and instinctual. Attorneys have begun to check the blogs and Web sites of prospective jurors.

Mr. Keene said jurors might think they were helping, not hurting, by digging deeper. “There are people who feel they can’t serve justice if they don’t find the answers to certain questions,” he said.

But the rules of evidence, developed over hundreds of years of jurisprudence, are there to ensure that the facts that go before a jury have been subjected to scrutiny and challenge from both sides, said Olin Guy Wellborn III, a law professor at the University of Texas.

“That’s the beauty of the adversary system,” said Professor Wellborn, co-author of a handbook on evidence law. “You lose all that when the jurors go out on their own.”

There appears to be no official tally of cases disrupted by Internet research, but with the increasing adoption of Web technology in cellphones, the numbers are sure to grow. Some courts are beginning to restrict the use of cellphones by jurors within the courthouse, even confiscating them during the day, but a majority do not, Mr. Keene said. And computer use at home, of course, is not restricted unless a jury is sequestered.

In the Florida case that resulted in a mistrial, Mr. Raben spent nearly eight weeks fighting charges that his client had illegally sold prescription drugs through Internet pharmacies. The arguments were completed and the jury was deliberating when one juror contacted the judge to say another had admitted to her that he had done outside research on the case over the Internet.

The judge questioned the juror about his research, which included evidence that the judge had specifically excluded. Mr. Raben recalls thinking that if the juror had not broadly communicated his information with the rest of the jury, the trial could continue and the eight weeks would not be wasted. “We can just kick this juror off and go,” he said.

But then the judge found that eight other jurors had done the same thing — conducting Google searches on the lawyers and the defendant, looking up news articles about the case, checking definitions on Wikipedia and searching for evidence that had been specifically excluded by the judge. One juror, asked by the judge about the research, said, “Well, I was curious,” according to Mr. Raben.

“It was a heartbreak,” Mr. Raben added.

Information flowing out of the jury box can be nearly as much trouble as the information flowing in; jurors accustomed to posting regular updates on their day-to-day experiences and thoughts can find themselves on a collision course with the law.

In the Arkansas case, Stoam Holdings, the company trying to overturn the $12.6 million judgment, said a juror, Johnathan Powell, had sent Twitter messages during the trial. Mr. Powell’s messages included “oh and nobody buy Stoam. Its bad mojo and they’ll probably cease to Exist, now that their wallet is 12m lighter” and “So Johnathan, what did you do today? Oh nothing really, I just gave away TWELVE MILLION DOLLARS of somebody else’s money.”

Mr. Powell, 29, the manager of a one-hour photo booth at a Wal-Mart in Fayetteville, Ark., insisted in an interview that he had not sent any substantive messages about the case until the verdict had been delivered and he was released from his obligation not to discuss the case. “I was done when I mentioned the trial at all,” he said. “They’re welcome to pull my phone records.”

But juror research is a more troublesome issue than sending Twitter messages or blogging, Mr. Keene said, and it raises new issues for judges in giving instructions.

“It’s important that they don’t know what’s excluded, and it’s important that they don’t know why it’s excluded,” Mr. Keene said. The court cannot even give a full explanation to jurors about research — say, to tell them what not to look for — so instructions are usually delivered as blanket admonitions, he said.

The technological landscape has changed so much that today’s judge, Mr. Keene said, “has to explain why this is crucial, and not just go through boilerplate instructions.” And, he said, enforcement goes beyond what the judge can do, pointing out that “it’s up to Juror 11 to make sure Juror 12 stays in line.”

It does not always work out that way. Seth A. McDowell, a data support specialist who lives in Albuquerque and works for a financial advising firm, said he was serving on a jury last year when another juror admitted running a Google search on the defendant, even though she acknowledged that she was not supposed to do so. She said she did not find anything, Mr. McDowell said.

Mr. McDowell, 35, said he thought about telling the judge, but decided against it. None of the other jurors did, either. Now, he said, after a bit of soul-searching, he feels he may have made the wrong choice. But he remains somewhat torn.

“I don’t know,” he said. “If everybody did the right thing, the trial, which took two days, would have gone on for another bazillion years.”

Mr. McDowell said he planned to attend law school in the fall.

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Re: Indian Criminal Justice System reform-I

Postby Rahul Mehta » 19 Mar 2009 22:02

In US and everywhere, elitemen hate JurySys and prefer judge sys as it is possible to buy out a few 100s judges at top and force junior judges via the corrupt senior judges. So elitemen in US for past 200 years have been running campaign to uproot JurySys. They systematically sponsor intellectuals in academia and media to to malign the JurySys. And judges too have been doing same for 200 years.

As Jurors Turn to Web, Mistrials Are Popping Up

Last week, a juror in a big federal drug trial in Florida admitted to the judge that he had been doing research on the case on the Internet, directly violating the judge’s instructions and centuries of legal rules. But when the judge questioned the rest of the jury, he got an even bigger shock.

Eight other jurors had been doing the same thing. The federal judge, William J. Zloch, had no choice but to declare a mistrial, a waste of eight weeks of work by federal prosecutors and defense lawyers.


Dont judges read newspaper? Or browse on net? They are cunning enough to lie and say so that they never got information from other sources, where as Jurors were not that cunning and admitted that they often browsed on the case. Internet is public domain. If the Jurors are doing research from public domain sources, that only makes them more informed about the matter and the problem. On one hand, judges complain that Jurors are lazy and merely yawn when case is going on. And now they complain other way.

It might be called a Google mistrial. The use of BlackBerrys and iPhones by jurors gathering and sending out information about cases is wreaking havoc on trials around the country, upending deliberations and infuriating judges.


The judges in India have done much worse. eg a judge named as Shamit Mukherjee of Delhi HC (who was later suspended) used to ask lawyers to type the judgments they wanted !! So there is nothing wrong if Jurors use wikipedia to get information.

---

And on Monday, defense lawyers in the federal corruption trial of a former Pennsylvania state senator, Vincent J. Fumo, demanded before the verdict that the judge declare a mistrial because a juror posted updates on the case on Twitter and Facebook. The juror had even told his readers that a “big announcement” was coming on Monday. But the judge decided to let the deliberations continue, and the jury found Mr. Fumo guilty. His lawyers plan to use the Internet postings as grounds for appeal. Jurors are not supposed to seek information outside of the courtroom. They are required to reach a verdict based on only the facts the judge has decided are admissible, and they are not supposed to see evidence that has been excluded as prejudicial. But now, using their cellphones, they can look up the name of a defendant on the Web or examine an intersection using Google Maps, violating the legal system’s complex rules of evidence. They can also tell their friends what is happening in the jury room, though they are supposed to keep their opinions and deliberations secret.


The Jurors and judges both are supposed to confine to information obtained during trial. Both get information from outside sources whenever they please and want. And they are not supposed to announce the judgment before due date. And they do whenever they please and want. In case of Jurors, the number is large and so this fact has become public. In case of judges, they have just covered up this fact and then spread a lie other way.

---

Judges have long amended their habitual warning about seeking outside information during trials to include Internet searches. But with the Internet now as close as a juror’s pocket, the risk has grown more immediate — and instinctual. Attorneys have begun to check the blogs and Web sites of prospective jurors.


Just as internet is making whole society more informed, it is also making Jurors more informed. And surely, judges and elitemen hate that.

----

Now if communication creates an issue, the solution is trivial --- increase number of Jurors. Which is exactly one feature of the solution I have proposed. As the case becomes more important, the number of Jurors and number of Juries who will hear this case will increase. That way, communication may happen but corruption wont as chances of bribing out majority decreases with increase in number of Jurors.

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Re: Indian Criminal Justice System reform

Postby GuruPrabhu » 22 Jun 2009 11:16

Baby got bail

By: Kranti Vibhute Date: 2009-06-21 Place:Mumbai

Image

Two-month-old Zoya gets dragged into a dowry harassment case filed by her father's first wife. Legal experts, child rights activists react in shock at her having to get anticipatory bail to avoid arrest

In a case straight out of Ripley's Believe It Or Not, the Mumbai Sessions court last Wednesday (June 17, 2009) granted anticipatory bail for what must have been their youngest applicant ever a two-month-old baby: Zoya aka Mehak Shamshuddin Khan. Lucky for her, or Zoya could have ended up behind bars.

Mother Reshma Khan of two-month-old baby Zoya said the family was called for an inquiry to Nehru Nagar police station. She sat there with the baby in her arms for 10 hours without reprieve, from 1 pm till 10 pm. She even had to feed her baby in front of the police and visitors
Zoya, who has got bail on a surety amount of Rs 10,000, is a member of the Khan family from Kurla who have been accused by Shakila Khan (27) in a dowry harassment case and for a criminal breach of trust. The sessions judge S N Sardesai in his order granted bail for seven of the eight applicants who applied for the anticipatory bail.

Shakila lodged a complaint against Zoya's father and her divorced spouse Shamsuddin Khan at the Nehru Nagar police station and named the entire family in her letter, including Zoya, her biological mother (Shamsuddin's second wife), a neighbour and four relatives. Shakila accused them of harassing and demanding dowry of Rs one lakh and torturing her, the police said.

Khan's lawyers Anil Bhole and Lata Vhotkar said the police initially thought that the matter would be resolved between both parties amicably. "However, when Shakila submitted a complaint letter against Shamsuddin and his family in which his second wife Reshma's baby was also mentioned, he had to rush for anticipatory bail for all his family members," said Bhole.

The police registered the case on Wednesday evening against Khan and his family members, acting on Shakila's complaint letter submitted earlier.

"Shakila and Shamsuddin divorced two years ago and he has since remarried and had Zoya with his second wife," said Nasim Bano Khan, Shamsuddin's mother. The entire family, apart from Shamsuddin, was summoned to the Nehru Nagar police station on Friday for questioning. "We were at the police station from 1 pm to 10 pm. Who would have looked after my baby while we were being questioned by the policemen? Our baby is so small, so I have to still bring her along every time," said a distraught Reshma.



'It's unheard of. The people who mentioned the baby in the complaint must be crazy!'
Ram Jethmalani, senior criminal lawyer

'This is hilarious and unheard of.'
Rohini Salian, ex-chief public prosecutor

'I can't believe my ears, it's bizarre!'
Mohammed Afzal, activist

'It's amazing that such an order could be passed for a baby.'
Girija Vyas, chairperson, National Commission for Women

'I can't believe my ears'

Zoya's case has stirred up a strong response. Former law minister and senior counsel Ram Jethmalani said that it was the most ridiculous thing he had ever heard of. "It's probably unheard of even in any other part of the world where a two-month-old baby has to apply for bail. The people who mentioned the baby in the complaint must be crazy!" Similar sentiments were echoed by former senior counsel Rohini Salian, "This is a hilarious and unheard-of episode," she said.

Others were more cutting. Criminal lawyer Dinesh Tiwari said that apart from being an unprecedented case, it was a failure on the part of the police and the judicial process. "There should have been some verification of the applicant. How can a complaint letter naming a two-month-old baby be blindly considered in this manner?" asked Tiwari. Consumer activist Mohammed Afzal said the case highlighted the need for proper judicial guidelines. "I can't believe my ears, it's absolutely bizarre," he said.

Others chalked it up to the lack of awareness. "It's really a laughing matter, but it highlights the ignorance that exists amongst the police and judicial force. It's amazing that such an order could be passed for a baby," said Dr Girija Vyas, chairperson, National Commission for Women.

"The commission will look into this particular case to give us insights into the issues of child jurisprudence, which we are currently examining," said Dr Shanta Sinha, chairperson, National Commission for Protection of Child Rights (NCPCR).

Sociologist Nandini Sardesai said that the move was probably an attempt on the victim's part to get her case noticed.

"To begin with, it's strange that dowry is an issue in a Muslim family, but it reflects the pernicious carryover of a Hindu custom to other communities for their own benefit. Cases of dowry harassment often go unnoticed and this inclusion of the baby was probably to gain some attention and to sensationalise her case.

As for the police, it's no surprise that they often don't know the legalities since they're either apathetic or ignorant."

The case so far
Police have filed a case against Shamshuddin Khan (divorced husband of Shakila), his second wife, daughter, mother, brother, two sisters and one neighbour for dowry harassment (section 498), criminal breach of trust (section 406) and acts done by several persons in furtherance of common intention (section 34). Shamsuddin's bail application was rejected and he was arrested by the Nehru Nagar police station on Saturday.

Children faultless until seven
"The child is presumed to be innocent until the age of seven and it's presumed that until then the child does not understand the difference between good or bad, crime or no crime and there is no Mensrea (intention to commit an offence is absent). Thus the child cannot be punished nor can any case be registered against it. Once the child is seven or above, he is a juvenile and can be tried under the Juvenile Offenders Act by the juvenile courts. In this case since the baby in question is only two months, there is no need for seeking anticipatory bail, nor for the court to grant such bail," explains ex-mayor of Mumbai and advocate Nirmala Samant Prabhavalkar.

For nearly nine hours, Zoya was in her mother's arms while police officials made inquires on Friday. "It was embarrassing to feed my baby in front of the police and while other visitors moved around us. While my statement was being recorded, Zoya continuously cried. That irritated the policemen, but they didn't understand how hard it was for me to take care of my two-month-baby and answer their questions," said Reshma.

When Prakash Kale, senior police inspector of Nehru Nagar station, was asked why the baby was dragged into the matter, he rubbished the claim, saying, "No complaint has been filed against the baby, but since her name was mentioned by the complainant (Shakila) in her letter, the entire family applied for anticipatory bail."

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Re: Indian Criminal Justice System reform

Postby Rahul Mehta » 22 Jun 2009 17:18

Baby got bail

By: Kranti Vibhute Date: 2009-06-21 Place:Mumbai

Two-month-old Zoya gets dragged into a dowry harassment case filed by her father's first wife. Legal experts, child rights activists react in shock at her having to get anticipatory bail to avoid arrest

In a case straight out of Ripley's Believe It Or Not, the Mumbai Sessions court last Wednesday (June 17, 2009) granted anticipatory bail for what must have been their youngest applicant ever a two-month-old baby: Zoya aka Mehak Shamshuddin Khan. Lucky for her, or Zoya could have ended up behind bars.

Mother Reshma Khan of two-month-old baby Zoya said the family was called for an inquiry to Nehru Nagar police station. She sat there with the baby in her arms for 10 hours without reprieve, from 1 pm till 10 pm. She even had to feed her baby in front of the police and visitors
Zoya, who has got bail on a surety amount of Rs 10,000, is a member of the Khan family from Kurla who have been accused by Shakila Khan (27) in a dowry harassment case and for a criminal breach of trust. The sessions judge S N Sardesai in his order granted bail for seven of the eight applicants who applied for the anticipatory bail.

Shakila lodged a complaint against Zoya's father and her divorced spouse Shamsuddin Khan at the Nehru Nagar police station and named the entire family in her letter, including Zoya, her biological mother (Shamsuddin's second wife), a neighbour and four relatives. Shakila accused them of harassing and demanding dowry of Rs one lakh and torturing her, the police said.



The mess is because in 498A, the PI has to arrest everyone named in the complaint, or else he may loose his job. Even if the person is 80 year old on father-in-law on wheel-chair or 6 year old brother-in-law. The law-makers made such law so that policemen can get maximal bribes, and a portion of these bribes go to HomeMin/CM. And the SCjs have upheld this law as "100% Constitutional" because lawyers (many of who are relatives of judges) make over Rs 1000 cr from 498A.

Solution is trivial : we should enact a procedure that would allow us commons to pay Rs 3 and register YES/NO on any law. If this procedure comes, within weeks crores of us commons will register NO on 498A and a movement to cancel this law will start.

If anyone has any better solution to this 498A mess, I would request him to post it.



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Re: Indian Criminal Justice System reform

Postby Pranay » 24 Jul 2009 02:33

http://www.nytimes.com/2009/07/24/nyreg ... ml?_r=1&hp

http://news.bbc.co.uk/2/hi/americas/8165607.stm

This is the type of freedom of investigation and prosecution needed for the CBI in India.

A similar bust of crooked politicians in India would have caused riots and worse....

Something similar in India would give a boost to the citizens' belief in the system that nothing else could...

Anyone want to pick up the challenge??

I know that there has been cases like the Jain Hawala case... but what has come out of them???


2 N.J. Mayors Arrested in Broad Inquiry on Corruption

By DAVID M. HALBFINGER
Published: July 23, 2009

The mayors of Hoboken and Secaucus, two state assemblymen, five rabbis and dozens of others were rounded up early Thursday as the F.B.I. swept across New Jersey and Brooklyn as part of a two-year corruption and international money-laundering investigation, the authorities said.

David Bergeland/The Bergen Record, via Associated Press

The case ranges from the Jersey Shore to Williamsburg, Brooklyn, and even reaches into the State House in Trenton. It apparently began with bank fraud charges against a member of an insular Syrian Jewish enclave centered in the seaside town of Deal, N.J. But when that man became a federal informant and posed as a crooked real estate developer offering cash bribes to obtain government approvals, the case mushroomed into a political scandal that could rival any of the most explosive and sleazy episodes in New Jersey’s recent past.

“For these defendants, corruption was a way of life,” Ralph J. Marra Jr., the acting United States attorney in New Jersey, said at a 12:30 p.m. news conference. “They existed in an ethics-free zone.”

Mr. Marra said that average citizens “don’t have a chance” against the culture of influence peddling the investigation had unearthed.

Weysan Dun, the special agent in charge of the Federal Bureau of Investigation’s Newark office, said the rabbis arrested — including the grand rabbi of the Syrian Jewish community in the United States, Saul Kassin of Brooklyn — were part of a vast money-laundering conspiracy with tentacles in Israel and Switzerland. Another person, Levy-Izhak Rosenbaum of Brooklyn, was accused of enticing vulnerable people to give up a kidney for $10,000 and then selling the organ for $160,000.

Mr. Dun emphasized that the case was motivated by neither religion nor politics — an important point given that the New Jersey governor’s race pits a former United States attorney, Christopher J. Christie, under whom the investigation began, against the Democratic incumbent, Jon S. Corzine, whose administration was not spared in the arrests Thursday.

Agents also raided the homes of Joseph V. Doria Jr., commissioner of the state’s Department of Community Affairs and a former mayor of Bayonne, and the president of St. Peter’s College, the F.B.I. said.

Among the roughly 30 people arrested by midmorning were Mayor Peter J. Cammarano III of Hoboken and Mayor Dennis Elwell of Secaucus, both Democrats, and Assemblyman Daniel M. Van Pelt, a Republican from Forked River, Ocean County. Mr. Cammarano, who turned 32 on Wednesday, was elected mayor June 9 and sworn in July 1, after serving as councilman at large since 2005.

Mr. Corzine called a 1:30 p.m. news conference in Newark with Attorney General Anne Milgram. “Any corruption is unacceptable — anywhere, anytime, by anybody,” the governor said in a statement. “The scale of corruption we’re seeing as this unfolds is simply outrageous and cannot be tolerated.”

Also taken to the Newark office of the F.B.I. were the president of the City Council in Jersey City, Mariano Vega, and the city’s deputy mayor, Leona Beldini. A criminal complaint said Mr. Vega took $10,000 just before the municipal elections in May.

The mayor of Ridgefield, Bergen County, Anthony R. Suarez, was charged with accepting $10,000 in bribes.

Mr. Van Pelt, who as an assemblyman oversees the Department of Environmental Protection, was accused of accepting money to help the informant obtain environmental permits. In a meeting in Atlantic City in February, prosecutors charged, Mr. Van Pelt assured the informant that the environmental agency “worked for” him, then took $10,000 in cash and told the informant to call him “any time.”

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Re: Indian Criminal Justice System reform

Postby Pranay » 24 Jul 2009 17:25


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Re: Indian Criminal Justice System reform

Postby SRay » 04 Aug 2009 21:37

India’s ‘Colonial’ Police Weaken Rule of Law, Rights Groups Say
http://www.bloomberg.com/apps/news?pid=20601091&sid=aIp0PVBDQweU
India is short of police, deploying an officer for every 1,037 residents, compared with a global average of one per 333 citizens, said the Human Rights Watch report. Ill-trained officers typically are on call 24 hours, sleeping in dormitories short of beds or toilets, it said, citing interviews with 80 police and scores of other people over a year. They often work without vehicles and armed with World War I-era guns, it said.


An article that is thankfully critical of the conditions of police and not just dismissive of them. A good read.

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Re: Indian Criminal Justice System reform

Postby Sanjay M » 27 Aug 2009 17:59

BBC:

India judges to disclose assets
Scales of justice
There have been allegations of corruption against judges

Judges at India's Supreme Court have agreed to make public details about their financial assets and to publish the information on the court's website.

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Re: Indian Criminal Justice System reform

Postby GuruPrabhu » 02 Sep 2009 12:14

Wrongly jailed for 10 yrs, man gets Rs 1L
Shibu Thomas, TNN 2 September 2009, 08:32am IST
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MUMBAI: The Bombay high court on Tuesday asked the Maharashtra government to pay Rs 1 lakh as compensation to a 40-year-old man who languished in
prison for over 10 years for a crime he didn't commit.

Malegoan resident Bapu Mali was in jail for five years as an undertrial battling rape and murder charges. Even after the trial court acquitted him, Mali spent five more years in prison as he didn't pay the bail amount when his case went into appeal.

"This is a sorry state of affairs," a division bench of Justice Bilal Nazki and Justice A R Joshi said, while upholding the trial court order acquitting Mali. "Not only the prosecuting agency but also the courts are involved (for Mali languishing in jail). This is a reflection on our own system which needs to be corrected."


TOI, in its edition dated August 17, 2009 reported the case of the 35-year-old man who was in prison for over five years despite being acquitted of the criminal charges against him. The court had directed the state to pay him Rs 10,000 as compensation. Subsequently, the HC asked the state to find out if there were other such prisoners and Mali's case came to light.
http://timesofindia.indiatimes.com/news ... 961723.cms

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Re: Indian Criminal Justice System reform

Postby SK Mody » 30 Sep 2010 23:47

Please check out Indian Express (Ahmedabad, Mumbai or Delhi edition),
both Sep-30 and Oct-1 (Friday), Page-2 for some very relevant and
possibly earthshaking :) news written by a former BRF member.

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Re: Indian Criminal Justice System reform

Postby SK Mody » 04 Oct 2010 16:40

By the way, the above mentioned ex-brfite is also contesting Ahmedabad municipal elections (Bodakdev ward and Stadium ward) to give publicity to his "Right to Recall" laws (RTR laws).

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Re: Indian Criminal Justice System reform

Postby Jarita » 05 Oct 2010 09:41

This is bad stuff

Govt elbows its way into committee to watch judges
http://www.indianexpress.com/news/govt- ... es/692659/

To give the government a foothold in what has so far been the exclusive preserve of the judiciary, it has been proposed to include the Attorney General in the five-member Oversight Committee to decide on cases of misconduct against the higher judiciary. The committee, headed by a former Supreme Court Chief Justice and including the AG as a member, has been proposed in the redrafted Judicial Standards and Accountability Bill that will be come up for approval in the Cabinet tomorrow.

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Re: Indian Criminal Justice System reform

Postby joshvajohn » 26 Oct 2010 03:20

'More than 50% Indian kids face sexual abuse'

Read more: 'More than 50% Indian kids face sexual abuse' - The Times of India http://timesofindia.indiatimes.com/indi ... z13PZP3qo1

Indian criminal justice system should bring special injunction in this regard similar to some Western countries. Teachers and others should not touch any children either to beat or for any other abuse. This should become a law in the country.

Also taking photographs and other forms should also be prohibited in India without the permission of the parents.

Tough criminal laws are essential to protect children from being abused by others.

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Re: Indian Criminal Justice System reform

Postby Raghavendra » 26 Oct 2010 12:30

:lol:
LONDON: The report by Plan International, a children's organization here,

Plan's conclusions are based on Overseas Development Institute, a UK thinktank, research


Yet another psy-ops operation by foreign NGO

nobody in the public is going to believe this report of lies

When will our stupid central government ban foreign NGOs which are fronts for foreign espionage agencies?

If they wait for too long these foreign NGO will foment revolt in the garb of color revolution and overthrow the government, better wisen up congress and kick these NGOs out, permanently

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Re: Indian Criminal Justice System reform

Postby Lalmohan » 26 Oct 2010 18:57

johsvajon - the DDM strikes again. somehow corporal punishment has turned into sexual abuse in that article... poor journalism maybe? if 65% of respondents said they had experienced corporal punishment, that is quite believable, the other is not

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Re: Indian Criminal Justice System reform

Postby chaanakya » 15 May 2011 12:58

x-posted from GD

This is a news from Japan. But its relevance in Indian context can be judged from the fact of speedy delivery of justice
Man gets 2 1/2 years in prison for assaulting singer Onitsuka

I am of the firm opinion that in Good governance speedy trial is a pre-requisite.

Friday 13th May, 06:58 AM JST

Print
TOKYO —
The Tokyo District Court on Thursday sentenced a 39-year-old man to two-and-a-half years in prison for assaulting and severely injuring singer and songwriter Chihiro Onitsuka at her apartment in Tokyo last summer.

Judge Masaru Okabe said in the ruling that Yusuke Komiya, the 30-year-old singer’s live-in boyfriend at the time, ‘‘relentlessly’’ assaulted Onitsuka over frustration accumulated while living with her, adding that he bears responsibility for inflicting injuries on the face of a female artist.

The court rejected Komiya’s claim that he ‘‘slapped her only once.’’ Prosecutors demanded a three-year imprisonment for the defendant.

According to the ruling, Komiya beat Onitsuka on Aug 18 last year, inflicting injuries that took her about a month to recover from by hitting her in the face, kicking her in the stomach and poking her in both eyes with his fingers after knocking her face on the floor.

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Re: Indian Criminal Justice System reform

Postby krisna » 02 Mar 2012 04:18

Business of Filing False Civil and Criminal Cases in India
Haresh Raichura --Advocate Supreme Court. Author of book,'Tomato Soup for Judges and Lawyers' Interested in Law reforms. Please follow me On tweeter @hareshraichura


Business of Filing False Civil and Criminal Cases in India
The tile of this blog is somewhat unbelievable. Do I mean to say that some people in India are actually earning their income by filing false civil and criminal cases on innocent people ? My is answer is Yes.

The next question will come to your mind, If some one files a false civil or criminal case, can you not go to Higher Courts and Supreme Court to set aside such false case? My answer is "It will not help".

Then, can you not go to Government authorities and ask them take action against person who has filed false cases against you? The answer is again No. They cannot interfere with a sub-judice matter.

Then what are your options? As I see it, the only option you have is to go to a nearby friendly lawyer and engage him, and contest the suit or complaint on merit. And it will take many many year. You are stuck up in a system even if you may have done nothing wrong.

Unbelievable, isn't it?

But at the end of this article, if you agree with me, I think is your duty also to see if there is anything which you can do to improve this system.

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Re: Indian Criminal Justice System reform

Postby SaiK » 02 Mar 2012 22:13

so throwing stones and rowdyism is not just for aams.. it is part of our culture. do we care to correct that cultural behavior ?
the hindu/blr wrote:Police on Friday burst teargas shells and used batons to quell violent crowds of advocates, who pelted stones and attacked media persons and police in the city civil court premises, leaving several of them injured including a DCP.


all reforms needs a connect the dots aspect, for a holistic view/link to a holistic correction process/system.

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Re: Indian Criminal Justice System reform

Postby Sachin » 03 Mar 2012 11:14

Considering the ruckus the advocates are routinely creating in Bangalore (and in an earlier case in Chennai), the first priority should be to bring in checks and balances. From the way I see it currently advocates do not have any authority to control them. Police men caught on the wrong side can be punished using disciplinary measures laid down. Journalists if they try their tricks can be taken to the courts (defamation suits etc.). Where as the lawyer community is immune to all this. They don't have any disciplinary policy, and if things go to court then all the more easier for them (because they practice there any ways).

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Re: Indian Criminal Justice System reform

Postby ASPuar » 04 Mar 2012 06:08

Sachin wrote:Considering the ruckus the advocates are routinely creating in Bangalore (and in an earlier case in Chennai), the first priority should be to bring in checks and balances. From the way I see it currently advocates do not have any authority to control them. Police men caught on the wrong side can be punished using disciplinary measures laid down. Journalists if they try their tricks can be taken to the courts (defamation suits etc.). Where as the lawyer community is immune to all this. They don't have any disciplinary policy, and if things go to court then all the more easier for them (because they practice there any ways).


This statement is incorrect. An advocate is a citizen like any other, and subject to all laws of the land (including defamation). The police can prosecute, and if the case is made out properly, then will be convicted. They are also subject to disciplinary rules under the Advocates Act.

To suggest that advocates are immune somehow, just because they practice in courts, is to lower the authority of the institution of the judiciary. Police is free to prosecute. An advocate is a private citizen.

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Re: Indian Criminal Justice System reform

Postby Sachin » 04 Mar 2012 11:04

ASPuar wrote:To suggest that advocates are immune somehow, just because they practice in courts, is to lower the authority of the institution of the judiciary. Police is free to prosecute. An advocate is a private citizen.

I would wait to see what happens in the cases registered against Advocates in Bangalore. Around 4 of them have been identified and charge sheeted. The advocates association in Bangalore have already started saying that the advocate fraternity may NOT take cases on behalf of journalists.

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Re: Indian Criminal Justice System reform

Postby SaiK » 05 Mar 2012 09:31

mm.. so can you throw some light on private public protected forms of citizenship?

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Re: Indian Criminal Justice System reform

Postby Pranay » 05 Mar 2012 20:38

http://timesofindia.indiatimes.com/city ... 149252.cms

Makes one wonder... will the Criminal Justice Systems Italy or Greece or any other country give the same courtesies to two Indian Marine Guards, if they had shot dead two Italian or Greek fishermen??? Would an Indian in a Naples Jail be given Indian food??

Two Italian naval guards charged with murder in connection with the killing of two Indian fishermen, were today remanded in judicial custody for 14 days by a court here and sent to the Central Prison at Thiruvananthapuram.

The naval guards, Latore Massimiliano and Salvatore Girone, were produced before Chief Judicial Magistrate A K Gopakumar as their police custody ended this afternoon.

The court turned down their plea that they should be given all privileges in prison enjoyed by military officials as Italian government still considered them as military officials.

The Magistrate said that under Indian law, there was no provision to accord such special privilege.

The court, however, directed the prison authorities not to lodge them along with other prisoners and to provide them medical facilities.

They should also be allowed to interact with Italian visitors one hour every day between 10 am and 1 pm.

On their plea that they be given special accommodation outside the prison, the Magistrate said it was not within the purview of the court to consider.

However, the court said if the ADGP (Prison) thought it necessary, he could take a decision after consulting the state government and taking into account the security aspects.


The court permitted the prosecution's request to seek the services of the experts of the Mercantile Marine Department to inspect the electronic equipment on the ship Enrica Lexie from which the fishermen were fired at while they were fishing in a boat along with nine others.

The court asked prison authorities to arrange for Italian food for the marines during their stay in prison.

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Re: Indian Criminal Justice System reform

Postby Sachin » 06 Mar 2012 11:36

Pranay wrote:The court, however, directed the prison authorities not to lodge them along with other prisoners and to provide them medical facilities.

There is a valid reason behind this. This is a very sensitive case in Kerala now. Lodging these too amongst other prisoners may lead to the others ganging up and attacking them. The same media now supporting the Kerala Govt. stand would start singing another tune. So better keep them in a Central Prison, but in a different cell. Medical check up is also a good thing to have. Because these guards can whine about ill health and no one taking care of them.

If you ask me, it was a good move. Mean while a local daily reports that the Marines came up with even more ridiculous demands and refused to step into the prison cell. Only when they clearly knew that they would be forced in, they got inside. (Deepika.com (Malayalam))

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Re: Indian Criminal Justice System reform

Postby Pranay » 07 Mar 2012 06:11

Sachin - As i see it, these two Italians are not visiting guests - these two have been held for murdering two innocent Indian fishermen in cold blood - hence, need not be subjected to the old Indian tradition of "atithi devo bhava". Also, it's not that they will not be able to handle themselves if confined with other Indian inmates and subjected to some "Philadelphia" :wink: - they are Italian Marines after all.

As with the furnishing of medical facilities in jail, it should be provided to all inmates, as a matter of right, thereby no Indian "high and mighty" will develop "chest pain" when arrested and shuttle between hospitals, if so it can be catered to within the prison infirmary.

Why should the prison authorities cater Italian food to them? The next time an Indian from any other state - let alone someone from foreign shores - is held in Kerala for some crime, can they demand to be catered in their local cuisine??

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Re: Indian Criminal Justice System reform

Postby Sachin » 07 Mar 2012 15:10

Pranay wrote:Also, it's not that they will not be able to handle themselves if confined with other Indian inmates and subjected to some "Philadelphia" :wink: - they are Italian Marines after all.

The jail wardens do not want more trouble on their hands. I am not talking about sodomy etc. here. If the fellow inmates go and bash them up to death, will you (and the media, the so called elitists and politicians) all even speak one word defending the jail authorities? Instead of that jail wardens would be hauled through the coal, and accused of lock up torture and causing a international problem for Indian diplomatic authorities.

So far as I see it, Kerala Police and other authorities have taken strong actions and have followed the due process of law. They have only given the Italians some leeway, where things dont matter much when it comes to working on the case. But if folks expect that the Italians would be lodged in the police lock up in their undies, beaten black and blue by every constable working in the station and then taken to a prison for a "നടയടി" (a welcome beating) and further "sporting activities" by the prison inmates, sorry that may not work in this situation.

FYI. The Italians wanted to be lodged at the police club (which does not have a lock up) or at a state guest house under armed guard. The prosecution and the courts did not allow that.

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Re: Indian Criminal Justice System reform

Postby Pranay » 08 Mar 2012 04:15

http://timesofindia.indiatimes.com/indi ... 178971.cms

Italian Prime Minister Mario Monti called his Indian counterpart Manomohan Singh on Wednesday, warning him against setting a "dangerous precedent" with the prosecution of two Italian naval guards in India.

"Any attitude from the Indian side that is not fully in line with international law... risks creating a dangerous precedent for international peacekeeping and anti-piracy missions," Monti was quoted as saying to Singh. "Missions in which Indian military are also involved," he stressed.

"The alleged incident -- the circumstances of which still have to be clarified -- occurred in international waters and jursidiction is therefore only Italian," Monti also told Singh, according to a government statement. Monti said he was following the case with "maximum attention and concern."


Singh reportedly told Monti that he wanted "to avoid tensions between India and Italy" and that he would look into the possibility of "a transfer of the two naval guards from prison to a place of custody more suited to their status." :(


So, What is the status of Indian fishermen, Indian citizens?

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Re: Indian Criminal Justice System reform

Postby Sachin » 08 Mar 2012 14:29

Pranay wrote:So, What is the status of Indian fishermen, Indian citizens?

At present the Kerala law enforcement agencies have not budged on this, and the sailors are locked up at Central Prison, Poojappura. Now don't know if MMS and Madame would arm-twist the ruling Congress government in the Socialist Republic. Rumours are spreading that Madame had given a commitment to the Italians that this would be taken up, after the elections results are out.

BTW, another ship has rammed another fishing vessel in Kerala Coast. The ship rammed the boat to pieces and three men have been missing. Two were found dead, and the latest report is that they have found another dead body as well. Now..
1. The ship which caused the damage has been identified as "MV Prabhu Daya" an Indian ship. The ship has now reached Chennai and the crew taken into custody.
2. The Second Officer of the ship is now in Trincomalee after fishermen rescuing him from the sea (thrown over board?/suicide attempt?). He is soon to be handed over to Indian agencies.
3. The Second Officer Prashobh Sugathan (from Thiruvananthapuram Dt., Kerala) is the officer who is now in Trincomalee. It was found out that this officer was leading the "watch" when the incident took place. Some dailies have already started speculating news based on the assumptions of Prasobh's father (as if he is the best judge out here). The father says that there is already a game on to frame his son, his son calls him up daily and if the incident had happened he would have surely mentioned it during the call :roll:, and that some masked man had tried to attack his son and they managed to throw him over board :roll:.

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Re: Indian Criminal Justice System reform

Postby Pranay » 20 Apr 2012 20:15

http://www.ndtv.com/article/india/keral ... eststories

These people have no self respect or national pride!! Who do these central jokers think has jurisdiction in this matter??

In a controversial move, the Centre today told the Supreme Court that the Kerala Police doesn't have any jurisdiction to probe the murder of two Indian fishermen by Italian marines as the incident happened in international waters. Additional Solicitor General Harin Raval said that the Italian vessel Enrica Lexie was at 20.5 nautical miles from India's coast, whereas the Indian territory ends at 12 nautical miles.

Angered by the statement, the top court, slamming the Centre, said, "You are saying Kerala Police doesn't have jurisdiction? It is very unfortunate and can't be acceptable. How can you take such a stand? Two Indian citizens have been killed."

The Centre, however, stuck to its stand. The Supreme Court was hearing a petition filed by the owners of the Italian ship Enrica Lexie, detained following the killing of two fishermen on February 15, for allowing it to continue its voyage.

The Supreme Court also indicted it will release the ship subject to conditions and posted the case to 30 April because wife of one of the victims didn't respond to the court notice.
Kerala Chief Minister Oommen Chandy too criticised the Centre, saying they followed up the case after consulting it.


When contacted, External Affairs Minister SM Krishna said that he was not consulted about this stand by the Centre in the court.

Today's controversial comments by the Centre also coincide with the Italian government offering Rs. 1 crore each as settlement to the families of two Indian fishermen.

Italian marines, Latorre Massimillano and Salvatore Girone, were arrested on February 20 and sent to judicial custody for shooting dead two Indian fishermen, 25-year-old Ajesh Binki, and 45-year-old Gelastine, on February 15, off Alappuzha. The marines, posted on the Enrica Lexie, had allegedly mistaken the two for pirates.

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Re: Indian Criminal Justice System reform

Postby Sachin » 20 Apr 2012 21:16

Pranay wrote:These people have no self respect or national pride!! Who do these central jokers think has jurisdiction in this matter??

I think this is all a good drama !!. There were already rumours floating around that things would take another course after the recent by-elections in Kerala. It was a Congress candidate who won. A battalion of Italians are now in Kerala, and it is now reported that the close relatives of the dead fishermen have agreed to accept a compensation of Rs.1 crore.

The Central Govt. who was doing practically nothing in this case, now comes up with theories that the Kerala Police does not have any locus standi in this case. All this while the Kerala Police have been working over time to come up with a solid charge sheet in this case. They have pretty much consulted every single agency related to sea-faring and coastal security. Plus they also had to face the media onslaught who was waiting for an opportunity to prove that Kerala Police was abetting the accused sailors to escape the course of justice.

Yeah, SM Krishna and the state CM Ooman Chandy would come up with some sob stories, and the media would broadcast it 24/7. And then it is game over. The Italians will happily march back home.

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Re: Indian Criminal Justice System reform

Postby Pranay » 21 Apr 2012 21:13

http://timesofindia.indiatimes.com/indi ... 810049.cms

Livid over the U-turn made by additional solicitor general Harin Raval in the Italian ship case, Kerala chief minister Oommen Chandy on Saturday said he has got him dropped from the case even as Centre distanced itself from the ASG's remarks.

Chandy said he had spoken to solicitor general Rohinton Nariman asking him not to allow Raval to appear in the case. "The SG has agreed to this," he told reporters.

In a fax message to law minister Salman Khurshid, Chandy wanted to know under what circumstances Raval had submitted in the Supreme Court that India has no jurisdiction to detain the Italian ship 'Enrica Lexie' from which marines had shot dead two Indian fishermen on February 15 off Kerala coast.

In his submission, Raval had said the ship was not within Indian territorial waters when the shooting incident took place.

Chandy wanted the Centre to engage the attorney general in the case in place of Raval, whose submission in the apex court yesterday drew sharp reaction from both opposition and ruling Congress-led UDF.


Earlier, talking to reporters in Kochi, Chandy said there was no change in the state's stand on the issue and that Raval would not appear in the case.

Chandy said Kerala had informed the central government at each stage of the case and had received full support.

"Government is clear that the incident happened in Indian waters," Shipping minister G K Vasan told reporters in Chennai. "It might be his personal opinion," Vasan said when asked about Raval's submissions.

The ruling Congress-led UDF in Kerala found itself in a bind as ASG's submission contradicted the stand of government headed by Oommen Chandy which firmly held that India has every legal competence to try the case under its law.

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Re: Indian Criminal Justice System reform

Postby Yagnasri » 26 Apr 2012 15:37

Well Itaians are in power in India. What do we expect.

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Re: Indian Criminal Justice System reform

Postby rahulm » 26 May 2012 13:00

Indian state sanctions shooting of poachers

The state government of Maharashtra in India has directed its forest guards to shoot animal poachers - a move that's attracted support from some conservation organisations.


While the focus on illegal poaching is noble and timely, am not sure about this method. To put things in perspective, with this move, the punishment for poaching is more severe compared to bride burning, raping a minor & killing somebody while driving when drunk. "Encounter" killings are illegal.

What if the police get it wrong? The person is now dead.

It gives a carte-blance to the police to kill somebody *suspected* of poaching. In our country where accountability and oversightis poor, the opportunities of misuse are frightening.e.g. whats to stop the police carting of a person into the forest and shooting him/her claiming poaching.

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Re: Indian Criminal Justice System reform

Postby Pranay » 29 May 2012 23:14

http://news.outlookindia.com/items.aspx?artid=764034

It's good to see the clarity and assertiveness of the Kerala High Court in laying down the law...

In a setback to efforts by Italy to secure release of its two marines charged with murder of two Indian fishermen, the Kerala High Court today turned down its plea for quashing an FIR against them, holding that they were liable to penal jurisdiction of Indian courts.

Terming the killing of fishermen by the marines on board 'Enrica Lexie' in February off Kerala coast as "brutal" and "cruel", Justice P S Gopinathan said the accused were not entitled to sovereign immunity and also imposed a cost of Rs one lakh on them.

The shooting was 'cruel' and 'brutal' and hence it can be inferred that they (marines) did so on their own. "Shooting cannot be said to be an act of sovereign function and the marines are not entitled to sovereign immunity," it said.


Dismissing the petition filed by Italian Consul General in Mumbai Giampalo Cuttilo and marines -- Latore Massimilliano and Salvatore Girone, Justice Gopinathan imposed a cost of Rs one lakh on the two accused, payable within two weeks.

The petitioners, who had also sought a stay on all further proceedings in the case pending before a Kollam court, contended that Kerala Police had no authority to conduct the probe and courts in India have no jurisdiction as the incident occurred beyond the Indian territorial waters.

Rejecting the contention, the court said Kerala police has jurisdiction to investigate the case and courts have the jurisdiction to try the case and it was not an invasion.

"The marines are liable to the penal jurisdiction of Indian courts and police was right in registering a case and proceeding with investigation irrespective of the fact that they were on board a foreign vessel," the court held.

The High Court made it clear that the trial court shall consider the contentions of the marines untrammelled by the observations in its judgement.

In its 60-page judgement, the court said the state practice also indicates that in appropriate cases, coastal states can exercise jurisdiction over the vessel in contiguous zone.

"As long as vessel is engaged in innocent passage, she cannot be interdicted, but when passage hinders the security of the state, the state cannot be asked to remain a mute spectator," it said.

The court said as per a 1981 notification, state can exercise its penal laws within the Exclusive Economic Zone -- 200 nautical miles from the coast.

"The vessel is not owned by the Republic of Italy. It is a private vessel engaged on commercial activity. There is nothing on record to show that the Italian marines were allowed 'absolute freedom' to shoot and kill any person. They were under command of the captain," the court pointed out.

It said there was no material to show that the marines were under the control of the Italian Navy. "There is nothing on record to show that captain gave instructions to shoot," court said.


The marines, arrested on February 19 and in judicial custody, have been charged with murder of fishermen Valentine alias Jalestine and Ajesh Binki, who had put out to sea from the Needakara coast in Kollam.

The court also directed the relatives of the two fishermen to deposit Rs 10,000 as cost, criticising their dependents for wasting the court's precious time.

It pointed out that they first impleaded themselves in the case to oppose quashing of FIR and later withdrew their contentions after reaching an understanding under which the two families received Rs one crore each as compensation from the Italian Government.

Justice Gopinathan said the court was refraining from imposing heavy cost in view of loss suffered by them and considering they are women.

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Re: Indian Criminal Justice System reform

Postby chaanakya » 21 Dec 2012 22:30

As a part of Reforms in criminal justice system in India , it might be the time to bring in the Jury System back. Although given the social milieu this may be easier said than done.

Reasons for introducing Jury System could be

The present Legal System does not have any stake in controlling crimes in the Society. Victims have no say at all.

Lawyers are interested in prolonging the cases for many reasons.

Police has no stake in securing justice for victims.
Prosecution Lawyers are pair Govt servants. Many a times they play both sides just as Police do.

Judges have no stake in seeing that justice to victim is done quickly. They grant adjournments after adjournments.

Police Lawyers and Judiciary actively participate in prolonging the case on one pretext or other taking shelter under a legal jurisprudence that works more like a sieve to hold water.

Ordinary people either don't go to Police or are turned away. Cases are prolonged so much that witnesses get fed up, or turned hostile or simply die. They are afraid to even get involved for the fear of getting involved in lifelong case at the cost of their normal life. This turn them apathetic and one of the key pillars of legal system , witnesses, genuine ones, crumbles. One may preach rights and duties to citizens and witnesses but facts remain that till the time ruling was given to safeguards good Samaritans , police used to book those who helped victims of traffic accidents.

Once the Jury System is introduced the Society gets to decide on guilty or otherwise. They develop stake in the system and through them victims point of view gets addressed.

There are many arguments against Jury System and it was abolished in India Long back. Time to rethink on that.

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Re: Indian Criminal Justice System reform

Postby chaanakya » 22 Dec 2012 01:07

Some arguments for and against Jury System as listed in Wiki

Advantages of a jury system

1. As there are many persons from different backgrounds, any individual prejudices are likely to cancel out.[original research?]
2. Juries represent the common public and therefore are more likely to judge in line with generally accepted values of the society.
.Juries are often justified because they leaven the law with community norms
3. Discussions among juries are likely to lead to more thorough consideration of all aspects of the case.
4. It is more difficult to corrupt 12 jurors though than one (or three) judge(s).

Disadvantages of a jury system

1. The jury members are with a few exceptions not knowledgeable about the law and are unfamiliar with court procedure, decisions might be based on emotions rather than rational arguing.[original research?]
2. Complex cases tend to require special expertise to judge the case which a jury do not have.
3. The jury members are more susceptible to the rhetoric impressions and mesmerised by the eloquence of a lawyer than a judge, they tend to be over-awed by the whole experience.
4. Since the decision by jury is a group decision, individual members of the jury may not feel that responsible about their duties and therefore neglect it.
4. Group pressure might be influential on the decision.
5. Juries may be swayed by the current prejudices in the society, which are not supported by law.


And the Gist of the case which resulted in abolition of Jury System



Juries were formerly used in India up until the famous KM Nanavati v State of Maharashtra (1959), which led to the abolition of jury trials, although minor issues in rural areas are still handled by the panchayat raj system of village assemblies.

In the Nanavati case, Kawas Manekshaw Nanavati was tried for the murder of his wife Sylvia's paramour, Prem Ahuja. The incident shocked the nation, got unprecedented media coverage, and inspired several books and movies. The case was the last jury trial held in India. The central question of the case was whether the gun went off accidentally or whether it was a premeditated murder.

In the former scenario, Nanavati would be charged under the Indian penal code, for culpable homicide, with a maximum punishment of 10 years. In the latter, he would be charged with murder, with the sentence being death or life imprisonment. Nanavati pleaded not guilty. His defence team argued it was a case of culpable homicide not amounting to murder, while the prosecution argued it was premeditated murder.

The jury in the Greater Bombay sessions court pronounced Nanavati not guilty with an 8–1 verdict. The sessions judge considered the acquittal as perverse and referred the case to the high court.
The prosecution argued that the jury had been misled by the presiding judge on four crucial points. One, the onus of proving that it was an accident and not premeditated murder was on Nanavati. Two, was Sylvia's confession of the grave provocation for Nanavati, or any specific incident in Ahuja's bedroom or both. Three, the judge wrongly told the jury that the provocation can also come from a third person. And four, the jury was not instructed that Nanavati's defence had to be proved, to the extent that there is no reasonable doubt in the mind of a reasonable person. The court accepted the arguments, dismissed the jury's verdict and the case was freshly heard in the high court. Since the jury had also been influenced by media and public support for Nanavati and was also open to being misled, the Indian government abolished jury trials after the case.


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