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Prakash Yedhula (Lawyer)     26 May 2011

Delhi HC allows Asif Balwa to use iPad in Tihar

Delhi HC allows Asif Balwa to use iPad in Tihar

 

The Delhi High Court on Wednesday made an exception and allowed Asif Balwa, an accused in the 2G telecom scam, to use an iPad in custody to prepare his defense in the case.



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 11 Replies

nidhi sharma ( student)     26 May 2011

How is it possible? It is against jail manual of India.

1 Like

Arup (UNEMPLOYED)     26 May 2011

It is against jail manual of India

 

---   court must have power. therefore they ordered.

but this is not for ordinary persons.

Neeraj (Student)     26 May 2011

 

As the judiciary is the final interpreter therefore court must have power to order.right to freedom of speech and expression includes right to prepare his defennce under reasonable restrictions. perhaps some basic and reasonable might have been imposed on use of i-pad. Some bye-laws by jail suprientendant may be enacted for security reasons.

 

Somnath Gangopadhyay (Legal Practitioner)     27 May 2011

In India power and politics, not money all the time, can buy every compfort for a criminal in jail.

1 Like

nidhi sharma ( student)     27 May 2011

rules should be same for all

1 Like

(Guest)

I agree with Nidhi, rules should be same for all. Don't other prisoners need to prepare their defence??

Everybody wants to get out of prison as fast as possible. These scammers have plenty of money to hire the best advocates. Why do they need this additional unfair advantage?

1 Like

Ravikant Soni (LAWYER IN JAIPUR)     27 May 2011

Is this order for a perticular person or for common?

nidhi sharma ( student)     28 May 2011

Today I read in newspaper that he is not allowed to use the i pad

Indrajeet Dasgupta (Advocate)     29 May 2011

Has anyone read the order? could not find it on the Delhi HC website. would love to see the reasons.

Suresh K.Khaitan (Prop.)     30 May 2011

I agree with Nidhi. Rules must be equal for all.

One more, and more important issue, is in my point of view, all UTPs (Under Trial prisoners) must have the same and similar facilities.

In today's world, one has to think even broader. So long the court does not convict the UTP, he is deemed innocent. Why then he is tortured in Jail, made to sleep on floor, subjected to sub-standard meals, subjected to inhuman conditions of humidity/heat and mosquito bites, subjected to a treatment like a convict and made to stand by them rubbing soldiers with them etc. etc. 

The rule is BAIL or JAIL. Had the bail been granted by the court, the accused would have been in all homely comforts. Why the bail is not granted bacuse it is presumed that he may escape the trial by absconding or may temper with or influence the evidences/witnesses. So far so good.

But once in jail for not having been granted bail, why should he be subjected to humiliation and tortures in jail like an ordinary convict.

This question has never been raised by any UTP due to the simple reason that he some how wants to come out of the jail. Once outside the jail, he forgets everything. Moreover, in India, justice is too costly. No advocate wants to work for free for reforms and good advocates charge in lacs of rupees per conference/per appearance. Mahakavi Tulsi Das also said " Samarth ko nahi dosh gssain". This is becaues of this situation in India that the ones who understand this philosophy, bencome millionaires and trillionaires in India in no time. They mint money without fear of being caught even by breaking all laws.

It is good, by chance or by grace of God, that a number of High Profile trillionaires are in Jail for whom money is nothing and who could by spending moneys, raise this point in SC so long they are in Jai. This is probably the time for them to correct the things for the public in general and for themselves in particular. Once they are outside jail, thay too shall forget everything and " Sab kuch aise hi chalega".

I remember, once Shri Kalpa Nath Roy ( the then Central Minister) was slapped by a jail mate while being taken to Court in the prision van. Asked as to why did he slap, the inmate said " when else shall I get a chance to slap one minister"

If the court ultimately acquits the UTP, who shall compensate him and how shall he be compensated for all the tortures/humiliations undergone by him, apart from the loss of goodwill/reputation.

Today is the age of corruption. It is money that only matters. Even judiciary is not exempt. Justice Varma had once said that atleast 70% of the judges arev corrupt. False cases are filed in abundance by the anti-social elements ( to blackmail the opponent) as well as by the police ( under influence of politicians/ baurocrates and money). It is a day to day experience that a good man does not go to the court or police for justice ( for obvious reasons), rather he compromises and foregoes his rights. Those who are blackmailers, abuse the process of law to blackmail and to earn money.

The only viewpoint for the courts for keeping an UTP in jail should be that he does not abscond and that he does not temper with the evidence or influence the witnesses. Once this objective is achieved by putting him in custody/jail, the UTP should not be subjected to any tortures/humiliation etc. as aforesaid whether he be  a high profile UTP or an ordinary UTP. Rather he should be given such treatment as he is used to given his standard of linving either at the cost of the state or at the cost of the UTP. Once convicted, he may even be hanged or put to Rigorours Imprisionment as per the Judgemnts of the court, but not before that.

Police has become all powerful today because in most of the caes, police can and does blackmail the innocent people, accuse them of false charges and keep them in jail and innocent people, for fear of facing the trial which is too costly to be afforded and for fear of the humiliation/tortures inside the jail, compromises with the police, pays him bribes to get ride of false charges against him. It is a known fact that criminals never fear the police in India because most of the times, they are in hands in gloves with them.

We, the commoners, should take benefit of todays situation and should APPEAL all the High profile UTPs now in jail ( like Kanimajhi, A.Raja, Suresh Kalmadi, Shahid Balwa, Sharad Kumar, Vinod Goenka, Karim Morani etc. etc.) and their spouses/relatives to please come up, use their moneys and procure justice for the general public in general and for them in particular.

This shall be a true service to humanity by them - may be under compulsions.

Please opine whether you contribute to my view. Do you feel that some reforms are needed on the above lines for the UTPs and for the general public? Do you think that even an agitation is needed for the same?

Suresh K.Khaitan (Prop.)     30 May 2011

Is Jail manual supreme and superior to Constitution of India and the superior to the fundamental rights granted to us by the constitution?

Jail manual (drafted by Britishers when India was a slave country with the objective of keeping the UTPs like slaves in Jail)  must be amended  now with immediate effect to accomodate the constitutional requirements and no body whether he be an UTP or convict- be denied his fundamental rights.


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