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Rajesh Kumar (Advocate)     23 March 2008

Malacious Prosecution in India

Indian criminal law encourages malacious prosecution- persons including state can file criminal complaint against anybody without being accountable. Based on that complaint, the accused looses his social standing, job, reputation and everything and after a torture of 20-30 years, gets honourably acquitted. He never gets any compensation and the malacious prosecutor never gets punished.

Making false allegations has also become an industry in india, it is used to grab property, extort money or at least vengeance. Should the law encourage it? If not, why the laws are silent to see such excesses?



Learning

 12 Replies

sreekumar (lawyer)     24 March 2008

I really agree with Mr. Rajesh Kumar, Advocate on malicious prosecution. There is no stingent law to handle with malicious prosecutors and this has to be handled very seriously. Poor , innocent people are often dragged into false allegations under political and money power of others and made to sufferfor years .Law against malicious prosecutors must be made severe in India and a non bailable cognizable offence.

Rajesh Kumar (Advocate)     24 March 2008

There are laws to in name to curb malacious prosecution. But the laws have been drafted by the Britishers in the colonial times when the master britishers were the prosecutors and salves indians were the accused. Those laws still exist. For example Section 211 of the IPC- in the history of more than 140 years of this section, no person has been convicted for this offence. The laws has been designed in such a manner that no person can be convicted. For example, there is a princely fine of Rs. 100 for illegal arrest- It is shame for our polity who permits such act in the name of law.

Guest (n/a)     20 April 2008

Hallo hallo

Carlisle Collins (Samaritan)     09 September 2008






It is certainly a disgraceful showing whenever perjury from the Prosecution is accepted as commonplace and overlooked by the courts. One wonders, therefore, what standard the judiciary conforms itself to; and whether, by this “tolerant” stance, the courts have, in effect, condoned and given judicial recognition to a universally unsanctionable Police privilege, viz. to taint judicial proceedings and impede the course of justice by lying with impunity? When police and/or prosecutors conceal significant exculpatory or impeaching material, who should we ordinarily hold incumbent to set the record straight?


I believe a good starting place to infuse integrity into our culture is the independent Judiciary and the courts. Fortunately, there are still some judges around who take the old school view toward ethical indiscretions. It is this breed of true patriots that the term “Your HONOR” is exclusively reserved for; who instill a measure of hope for a desirable change in the workings of our Justice System.


When courts take a stand against such pandemic prosecutorial lies and see it as tantamount to defecation on the Bench, they will send a clear message to other prospective opportunists (especially the uniform-wearing variety) that there’s a heavy price to pay for clogging up our already clogged court system with bogus or exaggerated claims that promote extortion!


Is lying ever justified when someone’s freedom, reputation, livelihood depends upon Truth? If the courts are not the last bastion for Truth, then is the Indian Criminal “Justice” System indeed a sham as the world community purports it to be?


See Link:


https://www.transparency.org/news_room/latest_news/press_releases/2002/2002_12_17_south_asia_survey


Does our younger generation deserve to inherit this carious legacy? Do we privately give a damn whether they do or don’t as long as our needs are being met?

aatma   13 September 2008

This is internationally well known disgraceful fact about india:



US Government travel advisory to its citizens who wants to travel india: https://travel.state.gov/travel/cis_pa_t ... _penalties


CRIMINAL PENALTIES in INDIA


"since the police may arrest anyone who is accused of committing a crime (even if the allegation is frivolous in nature), the Indian criminal justice system is often used to escalate personal disagreements into criminal charges. This practice has been increasingly exploited by dissatisfied business partners, contractors, estranged spouses,...........Corruption in India, especially at local levels, is a concern, as evidenced by Transparency International’s Corruption Perception Index of 3.5, ranking India in 72nd place of the world’s countries.


Transparency International, in its Global Corruption Report 2007 has revealed recently that an amount of Rs 2,630 crores was paid in bribes to the lower judiciary in India during 2006!


I wonder Rs.2,630 crores given to get justice or to initiate false case to harass innocents?  It is an indication of uncivilized country.



After reading this if a foreign traveler ask about this, what should indian citizen say?         Don't the  leaders feel any shame about this?


Very Good example here!


https://www.rediff.com/news/2004/jan/28sc.htm


Warrant against Prez, CJI, SC judge!

January 28, 2004 18:14 IST


The warrants were the outcome of a sting operation by a television journalist to expose alleged corruption in the lower judiciary in Gujarat. The journalist claims to have obtained the warrants against President A P J Abdul Kalam, Chief Justice Khare, Justice B P Singh of the apex court and former president of the Supreme Court Bar Association R K Jain after bribing the magistrate through local lawyers.

 



The matter came to light after senior counsel Harish Salve mentioned, on behalf of the journalist, a PIL before a bench headed by Chief Justice Khare.


"What is happening in Gujarat? By giving Rs 40,000, you can obtain a judicial order? If this is the state of affairs, only God knows what will happen to the country," the Chief Justice said.


Taking cognizance of the PIL, a bench comprising Chief Justice Khare, Justices S B Sinha and S H Kapadia directed the registrar general of the Gujarat high court to send the concerned file to the Supreme Court at the earliest and ordered the matter to be listed for hearing on Thursday. It also asked the registrar general of the apex court to immediately inform his counterpart in the Gujarat high court about this order by phone and fax.


prof s c pratihar ( urologist &legal studies)     16 September 2008

great, great ,salute for strong determination and eye opner for law makers.what can be done till such law persists?in an action for damages for such prosecution the plaintiff must prove the negative namely there was no reasonable or probable cause for the prosecution

aatma   17 September 2008

Prominant example of government aided 498a business


TN prosecutor nabbed for graft in dowry case


Tuesday, September 16, 2008

S. Nagarajan, an assistant public prosecutor handling the prosecution of N. Durai charged with harassing his wife Sabitha for dowry, reportedly demanded a bribe of Rs.100,000 from the victim's father R. Rajagopalan to ensure conviction.


Coimbatore: Anti-corruption officials arrested a government prosecutor for allegedly demanding a bribe to ensure the conviction of a dowry offender, the Tamil Nadu police said.

According to police, S. Nagarajan, an assistant public prosecutor handling the prosecution of N.

Durai charged with harassing his wife Sabitha for dowry since their marriage four years ago, reportedly demanded a bribe of Rs.100,000 from the victim's father and industrialist R. Rajagopalan to ensure punishment.

"Repeated pressure from Nagarajan added insult to injury. Upon being pressed for an advance 'fee' of Rs.15,000 today (Tuesday) I tipped off the Anti-Corruption Bureau. The lawyer was trapped and caught with marked currency," Rajagopalan told reporters.

Besides additional cash, Durai allegedly demanded various luxury items from his in-laws. Failure to provide those resulted in repeated beatings and threats to divorce, prosecution sources added.

Source: Indo-Asian News Service

https://news.in.msn.com/national/article ... id=1666254

Guest (n/a)     17 September 2008

IT is good work keep it up

aatma   18 September 2008

Not only the the Public prosecutor and magistrate,  even Metro Magistrate too corrupted ?! What a pity!!!


https://delhicourts.nic.in/Sep08/Court%20on%20its%20own%20Motion%20Vs.%20Sunil%20Seth.pdf



IN THE HIGH COURT OF DELHI AT NEW DELHI



The learned MM seems to have spent a lot of time in framing this reference petition which runs into 37 pages and annexures to the reference run into another more than 100 pages. After perusal of the entire reference I find the reference is not worth the paper wasted by the learned MM on it. I find no imputation had been made against the learned MMs Court but of bias which was inferred from the orders passed by him. It is surprising that the learned MM should have sent this reference of contempt only on the allegations of bias made against him. However, on perusal of this reference, I feel that the learned MM definitely seems to be biased in favour of the wife and against the husband and other in-laws. Otherwise, there was no reason for him to get provoked for sending this reference, so that the family members of the husband are called by this Court in criminal contempt, despite the fact that no person insinuation was made against him.

aatma   28 September 2008

The judiciary comes under the scanner over charges of corruption and misconduct


https://www.flonnet.com/fl2520/stories/20081010252003200.htm


The Chief Justice of India’s letter to the Prime Minister indicates his keenness to strengthen the people’s confidence in Judges at a time when serious cases of judicial corruption have cast their shadow on the credibility of the higher judiciary.


Chief Justice Balakrishnan allowed the Central Bureau of Investigation (CBI) to interrogate two Judges of the Punjab and Haryana High Court, Nirmaljit Kaur and Nirmal Yadav, in connection with the cash-for-judge scam. A law officer sent Rs.15 lakh to Justice Nirmaljit Kaur’s official residence and later claimed that it was meant for Justice Nirmal Yadav and had been delivered to Justice Kaur by mistake. Though intended to protect a Judge from frivolous prosecution and unnecessary harassment, the power also bestowed on the Chief Justice of India a great deal of discretion. In the Justice K. Veeraswami case, the Supreme Court laid down that no criminal case can be filed against a Judge or Chief Justice of the High Court or Judge of the Supreme Court without the consent of the Chief Justice of India.

In the Ghaziabad provident fund (PF) scam, involving 34 Judges belonging to lower courts, High Court and the Supreme Court, a misappropriation of Rs.23 crore from the PF of Class III and IV employees was detected on the basis of the confessional statement of Ashutosh Asthana, a Ghaziabad court official. He reportedly confessed that he used the PF funds to buy expensive gifts for Judges and their families. Although the police had secured vouchers and delivery receipts as preliminary evidence, the Chief Justice of India permitted the police to interrogate the Judges only through questionnaires. However, with the Uttar Pradesh Police pleading its helplessness to investigate further the case with all its ramifications, the Supreme Court conceded the State government’s request to hand over the case to the CBI.


The outcome of these cases will be keenly watched as they have a bearing on the accountability of the higher judiciary.

aatma   07 October 2008

Difficult to dispense justice if lawyers abuse judges: court 

 


 MADURAI: It will be difficult to dispense justice in the days to come if lawyers go to the level of shouting slogans against judges and making abusive comments in open court, the Madurai Bench of the Madras High Court said on Tuesday.


Justice K. Chandru made the observation while referring to a surcharged atmosphere in the Bench on September 9, during the hearing of a fake case the petitioner herself denied to have filed.


Recalling that lawyers had banged the doors of his court hall and shouted slogans such as “Down down, go back and dictator,” the judge said the confidence of the clients in the majesty of the court would be lost forever owing to such incidents.


“With this acrimony and war of attrition, it is not possible to decide the issue in a calm and peaceful way,” he said and directed the Registry to place the matter before the Chief Justice to be posted before some other judge of the court.


The Bar Associations had insisted that the judge drop the proceedings in the fake case claiming that the petitioner had made a false claim of not having instructed the lawyer on record to file the case.


Disagreeing with them, the judge said: “Whether it is a case of perjury or forgery, it certainly requires surgery. As the well known maxim goes, justice must not only be done, but also seen to be done.”


He went on to say: “It is not clear as to how this issue can be seen as an issue of the Bar. Instead of the Bench and the Bar making joint efforts to unravel the truth behind the filing of the writ petition, they were keen to have a virtual showdown.”


The fake case came to light after the judge issued notice to the petitioner for sending telegrams to some of the judges.


The woman appeared before the court and claimed that she had neither filed the case, nor sent any telegram.


https://www.thehindu.com/2008/10/01/stories/2008100154610400.htm

Carlisle Collins (Samaritan)     14 December 2009

Check out the link below about the quality of (in)Justice in good ol' Bharat!

https://www.opednews.com/articles/Of-Lies--Liars--and-the-by-Carlisle-Collins-090110-520.html


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