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I will Donate Rs.1 Crore for filing PIL.

Page no : 3

ashok kumar (advocate)     18 September 2008

Against central Act PIL should be filed in supreme court. .Then we can gt an order


Ashok Kumar Advocate 09415717501

A Shreyas (Law)     19 September 2008

Good Luck for Gayatri.

I have been working hard from early 2005 against IT ACT 2000. I had written to many persons regarding this issue, but with no reply.

timesofindia.indiatimes.com/articleshow/1019510.cms

Amendments to IT act 2000 have been talked about and talked about and talked about... from as early as 2004. But till now nothing happened.

https://pib.nic.in/release/release.asp?relid=11670

I have read the postings in this forum regarding this. I will follow what my inner Heart says. Now I personally feel that some body has to tie the bell on this IT ACT 2000. I have taken the decision now, irrespective of anyone's views, I will independently file a PIL in Bombay High Court next week.

I humbly request the like minded persons to give input to me in this regard, so that the PIL is in good line of attack against Draconian Information Technology Act.

A Shreyas (Law)     19 September 2008

Good Luck for Gayatri.

I have been working hard from early 2005 against IT ACT 2000. I had written to many persons regarding this issue, but with no reply.

www.timesofindia.indiatimes.com/articleshow/1019510.cms

Amendments to IT act 2000 have been talked about and talked about and talked about... from as early as 2004. But till now nothing happened.

www.pib.nic.in/release/release.asp?relid=11670

I have read the postings in this forum regarding this. I will follow what my inner Heart says. Now I personally feel that some body has to tie the bell on this IT ACT 2000. I have taken the decision now, irrespective of anyone's views, I will independently file a PIL in Bombay High Court next week.

I humbly request the like minded persons to give input to me in this regard, so that the PIL is in good line of attack against Draconian Information Technology Act.

H. S. Thukral (Lawyer)     19 September 2008

Dear Mr. Kumar


After reading what you have posted herein, every human being shall have sympathy with you. that is what your are getting from the lawyers/ guest in the forum. 


You have to do some normal thinking in the sense why your son had to take an extreme step. In my opinion it was not the agony of going to jail or a social degradation or prospects of getting a conviction.  A young man in his age takes all these things in stride.  It was because he in his thinking had brought a bad name to you and you were angry with him. Perhaps he cared and loved you more than himself and he could not face you. It is not becuase of IT Act that he was pushed to that extent. He might have been unlucky to have been booked under any other law/act ( Whether guilty or not) and that Law into itself had been a complete and justifiable, time tested code. Yet if you had scolded him for that , he would have behaved in same way. I am not saying that IT Act has any vires in it or not but what  I want to say is that your going after the IT Act  with such a brutality  blaming it solely for the heart breaking tragedy is justified or not.


Your offer of a huge donation to any lawyer to file a PIL is again out of context. Lawyers donot need your donation. One who goes after your donation would surely not fit your search. Good lawyers are plenty and known too. Go and consult them. they may advise you in right prespective. 


Your son will rest in peace and I too pray with others, more likely  in case you spend some of your money in giving scholarship to needy law students /donate some books to law libraries and raise a Trust in his memory so that god work continues perpetually .


Just for advice the offer you have dangled  would displease any good lawyer who otherwise might think to pursue your cause. 


I sincerly offer my condolences.         

Guest (n/a)     19 September 2008

Keep the Good Work Going. Keep it up Shreyas.

This are my points which could help you.

Recently Supreme Court of India stayed proceedings under Section 67 of Information Technology ACt. You can include that in your point.

https://www.ciol.com/News/News-Reports/SC-stays-proceedings-in-Delhi-MMS-p*rn-case/26808109556/0/


-------
Petition(s) for Special Leave to Appeal (Crl) No(s).5900/2008

(From the judgement and order dated 29/05/2008 in CRLMC No.
3066/2006 of The HIGH COURT OF DELHI AT N. DELHI)

Guest (n/a)     19 September 2008

(With appln(s) for ex-Parte stay)
WITH
CRLMP. NO. 13333 of 2008 In & SLP(Crl.)...../2008
(for permission to file SLP and ex-parte stay and office report)

Date: 25/08/2008 These Petitions were called on for hearing today.

CORAM :
HON'BLE MR. JUSTICE ALTAMAS KABIR
HON'BLE MR. JUSTICE MARKANDEY KATJU
--------------------------------------------
In the meantime, there will be an ad interim stay
of the proceedings before the court of the Metropolitan
Magistrate, New Delhi, as far as the petitioner is concerned
with regard to Case FIR No.645 of 2004, under Section 292
IPC read with Section 67 of the Information Technology Act,
2000.

Guest (n/a)     19 September 2008

I am not a lawyer. As a public, I feel that filing PILs for good cause should be encouraged.

It is good to note that young law graduates are taking lead in such social issues like this.

Nikhitha.

Guest (n/a)     19 September 2008

Wishing Shreyas and Gayathri Best of Luck.

I pray for your successes.

Pankaj V
Shimla

Guest (n/a)     19 September 2008

Best of luck for Shreyas . I compliment this website for the good work.

jatin sharma (LAWYER)     24 September 2008

sir ,i am sorry about ur son,i am also doinging law. u r also like my parents i want help u. acc to law public interest litigation is deppened on whole circumstancice so if u want to protect to another pepole from that misuse of law than tell me about whole fact of fir .iwill definatly help u on my strenght ok!


don,t took burden of ur son


hewill be make  history in IT . i wiill with u whole time

Anil Agrawal (Retired)     10 January 2009

 Dear Friends, 


Read this Article. Nothwithstanding the expunction of the remarks by the Supreme Court, Mulla's judgement is valid even today and will remain valid.:


 



A criminal force?


Many blots on policemen’s khaki


by Punyapriya Dasgupta


THE ghost of an outspoken judge is haunting the Indian establishment. A pronouncement by Justice Anand Narain Mulla of the Allahabad High Court nearly half a century ago is often quoted even today. He said: “There is not a single lawless group in the whole of the country whose record of crime comes anywhere near the record of that single organised unit which is known as the Indian Police Force..”



The government was aghast and, not unexpectedly, moved the Supreme Court for expunction of those words. The Supreme Court did order the deletion on the ground that a decision on the issue before Justice Mulla did not necessitate that observation. But Justice Mulla stood his ground in his own inimitable way and seized an appropriate opportunity to comment on the controversy over his condemnation of the Indian police. He said: “As regards the complaint that the remarks are all too sweeping in character, there is a presumption that the evil is not equally sweeping. If, out of these two, anyone can be said to be more extensive and sweeping, it is the evil itself and not the observation.”


Lawyers also point out that the Supreme Court ordered expunction of what it had seen as an obiter and did not enter the question whether it was too sweeping or contrary to facts. One can even argue that Justice Mulla’s bitter description of the Indian police is even more fitting today.


The skeletons tumbling endlessly these days out of the capacious cupboards of the Indian police are ample evidence of the truth in the late Justice Mulla’s trenchant comment - irrespective of whether his words are on official record or only in popular memory. For quite some time media reports of fake encounters and the holes in the stories dished out by the police were pointing to a hitherto unimagined scale of the rot. And now a confirmation of the criminality of an alarmingly large number of India’s policemen is coming from the judiciary.


When a High Court finds it necessary to sentence wholesale 10 policemen, including an Assistant Commissioner, to life imprisonment in a single case, as it happened in Delhi a few days ago, the situation must be frightening indeed for the citizenry. Yet we still do not know whether the unavailing defence of ACP Rathi and his men that the shooting of two innocent businessmen inside a car was a case of mistaken identity is the end of the horror story.


Allegations have been heard from the side of the bereaved families that the policemen’s excuse that they were trying to eliminate a terrorist was a deliberate lie. What really happened, according to this version, was that the killer policemen carried out their lethal mission at the behest of a rival of one of the businessmen killed. If that is really so, the police marksmen had made their services available for what is called a contract killing or a supari in underworld lingo. This is not something previously unheard of.


Remember the case of D.G.Vanzhara, a Deputy Inspector General of Police (DIG) in Gujarat, two other IPS officers and nearly a dozen other subordinate policemen now awaiting trial for abduction and murder of Sheikh Sohrabuddin and his wife? After the crime had been committed, DIG Vanzhara crowed at a press conference about his team’s “patriotism” in liquidating - in an encounter — a “terrorist” of the Pakistan-based Lashkar-e-Toiba, who had entered Gujarat to target Chief Minister Narendra Modi and other Gujarat political leaders.


In reality, according to a more credible version, this was a contract job done by police gunmen on hire for private gain. Some marble dealers, troubled by extortionist demands of Sohrabuddin, a petty criminal, sought his elimination and found in Vanzhara a willing instrument. Sohrabuddin’s wife was killed to hide evidence. The DIG and his accomplices expected impunity. They looked for reward even from Chief Minister Modi, who had justified the 2002 anti-Muslim pogrom as a natural “equal and opposite reaction” to the loss of some 60 lives in a mysterious burning of a railway train at Godhra.


Criminality in policemen does not, of course, have the same motivation across the Indian landmass. Private gain by contract killing with State apparatuses misused for its facilitation is one. Commumalism is another impulsion which has worked with some virulence in Gujarat, Maharashtra and Uttar Pradesh. In Punjab and Kashmir policemen turned lawless out of sheer desperation in containing separatist challenges. A variation of this phenomenon is now seen in Andhra Pradesh, Chhatisgarh, Jharkhand and Bihar where policemen are finding it difficult to cope with the Naxalite challenge and are losing control over their own selves. And then there are policemen who take innocent people in custody, torture and kill them for nothing more than sadistic pleasure. All this in the Indian republic or state of the people for years with the administrative machinery seemingly unaware of the goings-on.


True stories of the terrorisation of the people by the police are being told only now. They are just too many to be swept under the carpet. People are talking today and the courts are taking note. In one typical revelation, 2097 illegal cremations were done by the police in three crematoria in the Sikh holy city of Amritsar between 1984 and 1995.


The Punjab police killed uncounted innocent men and did not even care to hand over the bodies to the relatives for dignified funeral. In the modus operandi of the Punjab police there are touches of the bizarre too. In several cases policemen collected rewards after “killing” men who were allegedly wanted, live or dead, and those “killed” have since been found leading normal lives! Three thousand people are still officially listed as missing in Punjab. The Punjab and Haryana High Court’s judgment earlier this month in the case of the abduction, torture and murder of Jaswant Singh Khalra should help in bringing some discipline back to the State police force. Khalra paid with his life for ferreting out the truth about the secret killings and cremations. A sessions court sentenced a DSP to life imprisonment and four other policemen to only seven years. The High Court has now ruled that the seven years is inadequate punishment and the four so leniently treated must also be behind bars for life.


Punjab has been effectively rid of separatism but the problem persists in Kashmir in a more acute form in spite of all that police, military and para-military are capable of doing. Almost as a result the will of the forces of law and order to distinguish between rebels and peaceful citizens has dipped dangerously and atrocities are taking brazen forms. In Kashmir, UP and Bihar, a sharp decline in the moral authority of successive corrupt administrations led to a breakdown of discipline.


Even the National Capital Region of Delhi has not been able to remain immune to the deadly virus. Here and also in Mumbai a kind of Ramboism by “encounter specialists”, who like cricketers flaunt their scores in century or half century, is responsible for cavalier killings. The spread of the evil of fake encounters is fanned by a system of rewards for unverified gallantry in fighting “dreaded criminals” or “Pakistani terrorists”. One or two at least of the “encounter specialists” are also alleged to have done some contract killings.


There are no reliable figures yet of men and women killed in fake encounters or of custodial deaths in India. But the administrative culture of suppressing inconvenient facts is now facing challenges. Public opinion is becoming restive as, thanks largely to the competition in the media in exposing corruption, lurid details of fake encounters are being published and a still upright higher judiciary is hauling up lawless policemen.



In Delhi recently, a retired ACP was sentenced to death for a custodial killing. To get his quarry in a petty case he had arrested the members of the fugitive’s family and when the man surrendered he tortured and killed him in custody. At his sentencing in court ACP Tyagi pleaded for mercy because he was now 65 years old. With the threat of condign punishment now overhanging many Punjab policemen especially, prominent politicians of the two main political parties, the BJP and the Congress, are both trying for an amnesty to those who killed perhaps more innocent citizens than terrorists. This amounts to ex post facto abetment of capital crime with a patriotic veneer.



Anil Agrawal (Retired)     10 January 2009

 I am sorry that it happened. Pleae read this:



A criminal force?


Many blots on policemen’s khaki


by Punyapriya Dasgupta


THE ghost of an outspoken judge is haunting the Indian establishment. A pronouncement by Justice Anand Narain Mulla of the Allahabad High Court nearly half a century ago is often quoted even today. He said: “There is not a single lawless group in the whole of the country whose record of crime comes anywhere near the record of that single organised unit which is known as the Indian Police Force..”



The government was aghast and, not unexpectedly, moved the Supreme Court for expunction of those words. The Supreme Court did order the deletion on the ground that a decision on the issue before Justice Mulla did not necessitate that observation. But Justice Mulla stood his ground in his own inimitable way and seized an appropriate opportunity to comment on the controversy over his condemnation of the Indian police. He said: “As regards the complaint that the remarks are all too sweeping in character, there is a presumption that the evil is not equally sweeping. If, out of these two, anyone can be said to be more extensive and sweeping, it is the evil itself and not the observation.”


Lawyers also point out that the Supreme Court ordered expunction of what it had seen as an obiter and did not enter the question whether it was too sweeping or contrary to facts. One can even argue that Justice Mulla’s bitter description of the Indian police is even more fitting today.


The skeletons tumbling endlessly these days out of the capacious cupboards of the Indian police are ample evidence of the truth in the late Justice Mulla’s trenchant comment - irrespective of whether his words are on official record or only in popular memory. For quite some time media reports of fake encounters and the holes in the stories dished out by the police were pointing to a hitherto unimagined scale of the rot. And now a confirmation of the criminality of an alarmingly large number of India’s policemen is coming from the judiciary.


When a High Court finds it necessary to sentence wholesale 10 policemen, including an Assistant Commissioner, to life imprisonment in a single case, as it happened in Delhi a few days ago, the situation must be frightening indeed for the citizenry. Yet we still do not know whether the unavailing defence of ACP Rathi and his men that the shooting of two innocent businessmen inside a car was a case of mistaken identity is the end of the horror story.


Allegations have been heard from the side of the bereaved families that the policemen’s excuse that they were trying to eliminate a terrorist was a deliberate lie. What really happened, according to this version, was that the killer policemen carried out their lethal mission at the behest of a rival of one of the businessmen killed. If that is really so, the police marksmen had made their services available for what is called a contract killing or a supari in underworld lingo. This is not something previously unheard of.


Remember the case of D.G.Vanzhara, a Deputy Inspector General of Police (DIG) in Gujarat, two other IPS officers and nearly a dozen other subordinate policemen now awaiting trial for abduction and murder of Sheikh Sohrabuddin and his wife? After the crime had been committed, DIG Vanzhara crowed at a press conference about his team’s “patriotism” in liquidating - in an encounter — a “terrorist” of the Pakistan-based Lashkar-e-Toiba, who had entered Gujarat to target Chief Minister Narendra Modi and other Gujarat political leaders.


In reality, according to a more credible version, this was a contract job done by police gunmen on hire for private gain. Some marble dealers, troubled by extortionist demands of Sohrabuddin, a petty criminal, sought his elimination and found in Vanzhara a willing instrument. Sohrabuddin’s wife was killed to hide evidence. The DIG and his accomplices expected impunity. They looked for reward even from Chief Minister Modi, who had justified the 2002 anti-Muslim pogrom as a natural “equal and opposite reaction” to the loss of some 60 lives in a mysterious burning of a railway train at Godhra.


Criminality in policemen does not, of course, have the same motivation across the Indian landmass. Private gain by contract killing with State apparatuses misused for its facilitation is one. Commumalism is another impulsion which has worked with some virulence in Gujarat, Maharashtra and Uttar Pradesh. In Punjab and Kashmir policemen turned lawless out of sheer desperation in containing separatist challenges. A variation of this phenomenon is now seen in Andhra Pradesh, Chhatisgarh, Jharkhand and Bihar where policemen are finding it difficult to cope with the Naxalite challenge and are losing control over their own selves. And then there are policemen who take innocent people in custody, torture and kill them for nothing more than sadistic pleasure. All this in the Indian republic or state of the people for years with the administrative machinery seemingly unaware of the goings-on.


True stories of the terrorisation of the people by the police are being told only now. They are just too many to be swept under the carpet. People are talking today and the courts are taking note. In one typical revelation, 2097 illegal cremations were done by the police in three crematoria in the Sikh holy city of Amritsar between 1984 and 1995.


The Punjab police killed uncounted innocent men and did not even care to hand over the bodies to the relatives for dignified funeral. In the modus operandi of the Punjab police there are touches of the bizarre too. In several cases policemen collected rewards after “killing” men who were allegedly wanted, live or dead, and those “killed” have since been found leading normal lives! Three thousand people are still officially listed as missing in Punjab. The Punjab and Haryana High Court’s judgment earlier this month in the case of the abduction, torture and murder of Jaswant Singh Khalra should help in bringing some discipline back to the State police force. Khalra paid with his life for ferreting out the truth about the secret killings and cremations. A sessions court sentenced a DSP to life imprisonment and four other policemen to only seven years. The High Court has now ruled that the seven years is inadequate punishment and the four so leniently treated must also be behind bars for life.


Punjab has been effectively rid of separatism but the problem persists in Kashmir in a more acute form in spite of all that police, military and para-military are capable of doing. Almost as a result the will of the forces of law and order to distinguish between rebels and peaceful citizens has dipped dangerously and atrocities are taking brazen forms. In Kashmir, UP and Bihar, a sharp decline in the moral authority of successive corrupt administrations led to a breakdown of discipline.


Even the National Capital Region of Delhi has not been able to remain immune to the deadly virus. Here and also in Mumbai a kind of Ramboism by “encounter specialists”, who like cricketers flaunt their scores in century or half century, is responsible for cavalier killings. The spread of the evil of fake encounters is fanned by a system of rewards for unverified gallantry in fighting “dreaded criminals” or “Pakistani terrorists”. One or two at least of the “encounter specialists” are also alleged to have done some contract killings.


There are no reliable figures yet of men and women killed in fake encounters or of custodial deaths in India. But the administrative culture of suppressing inconvenient facts is now facing challenges. Public opinion is becoming restive as, thanks largely to the competition in the media in exposing corruption, lurid details of fake encounters are being published and a still upright higher judiciary is hauling up lawless policemen.



In Delhi recently, a retired ACP was sentenced to death for a custodial killing. To get his quarry in a petty case he had arrested the members of the fugitive’s family and when the man surrendered he tortured and killed him in custody. At his sentencing in court ACP Tyagi pleaded for mercy because he was now 65 years old. With the threat of condign punishment now overhanging many Punjab policemen especially, prominent politicians of the two main political parties, the BJP and the Congress, are both trying for an amnesty to those who killed perhaps more innocent citizens than terrorists. This amounts to ex post facto abetment of capital crime with a patriotic veneer.



Anil Agrawal (Retired)     10 January 2009

 You seem to have too much faith in the judicial system. Let few more years pass before you judge the judge.

Jithendra.H.J (Lawyer)     05 April 2009

sorry to say that this law cannot be banned! but can be amended

hage nibo (lawyer)     06 April 2009

Mr. Jitendra has rightly said, once an act is act; it can't be banned except amendment to certain parts to suit public demand.


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