Civil Procedure Code (CPC)

Mumbai terrorist attack

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What do you think about Mumbai terrorist attack? How can we legally tackle this issue?
 
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Advocate

Already we have discussed more about this issue. Many articles and discussions are there. However I again say:


November 26, 2008 Mumbai attack is a black day for India; it was a major terrorist attack in India. Moreover a terrible and major attack may be a war. Many innocent civilians, police personnel and foreigners have been killed  in this attack.


Our neighbour Pakistan has always harboured terrorists against India with an intention to destabilize our country. We also get threats from Bangladesh and in the South from Sri Lanka. Terrorists use Nepal as easy entry and exit points because we have open borders with Nepal. Our borders with Pakistan and Bangladesh are not fully sealed. We face trouble on the North -East region with China who claims Arunachal Pradesh as his own part. These countries help these terrorists to establish their bases from where they can carry out their evil acts. We are encircled from almost all parts. Besides this it is our bad luck that some of our own people are involved in these evil activities.


It is also our misfortune our politician are still playing politics for their own interests.  Governments cannot impeach to each others. Governments changed on the completion of its tenure but the police, officers and state machinery remain same. So impeach to each others is not good signal for a healthy government. After the incident of ninth September whole country of USA was united, every political party, citizens, officers and media persons paid their attention against the terrorism without criticizing each other. Consequently, terrorists defeated and no second attack is again. Here in India situation is entirely opposite. We are interested in critics and impeachments, our media is also irresponsible, they are interested on making the best movies and as far as possible to show in the television, they have no knowledge of good and evil. They are fully untrained and have devoid of common sense. As an example when ATS Chief Late Mr. Hemant karkare was wearing jacket and helmet for fighting the terrorists immediately live coverage was showing in the television and the no doubt terrorists were also looking same  and they made target Mr. Karkare on his neck. The terrorists are armed with latest weapons but our police and forces are with traditional weapons, how long our police force will fight with these modern lash weapons terrorists. After all, those are also human beings, how long we will give their sacrifice.  This is the time to take hard decision against the enemies of humanity at he end of our government. We as a responsible citizen should not give any chance to those politicians who want to play politics on this issue. We have to need to modernize our police forces and joined with latest weapons and training. Our intelligence agencies are inferior; there looks a communication gap between our intelligence agencies. Therefore, we need to have more responsible and powerful intelligences.  

 
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Lawyer

See the irony. Innocent peoples lives were snuffed out in minutes , but the person responsible will live 14 long years, properly cared for medically, ready food, protection etc. because his rights are gaurenteed by the constitution. What about the rights of other people. State failed to protect them. Neither does the state allow people to be armed to defend themselves. Throwing packages from tax payers pocket will not solve the solution. If speedy justice is delivered , only then will the Junta feel it has been duly compensated . Moreover the deterrent effect will be achieved. Otherwise , it is so easy. Kill people and live a gaurenteed 14 -15 year life. After the initial 15 days P.C. everything is normal.

 
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Lawyer

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Terrorism is no longer a local problem of specific countries but an issue involving a number of international aspects. Since terrorism is a global phenomenon, responses to terrorism must also be global. Without a coordinated international counter-terrorism effort, responses to terrorist acts will continue to be slow and reactive. After the attacks on the World Trade Center, the United Nations Security Council (UNSC) adopted certain measures against terrorism without actually providing a proper definition of it. It has instead encouraged States to define terrorism in their municipal legislations, thus encouraging wide and divergent definitions.

 
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Lawyer

It would be interesting to apply for a gun license on the ground ' I live in Bombay. Life here is volatile and dangerous and i have to protect myself'. When the license is refused - approach High Court by way of Writ Petition u/A 226/227 of the Constitution. Why is license only given to politicians, filmstars and inflluential persons? Is a gun meant only for preserving property. Any person can apprehend danger to his life, and to his family he is priceless [ though inthe eyes of the State he may not be so]

 
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Advocate.

Yes, it definitely does, but i hadn't ask why only the system..it needs a complete change in the though process of each indivudual. We cannot afford to be passive anymore. We need to ensure that each vote we caste, each penny that we pay for our taxes gets its worth. And inspite of all the compulsions that we have professionally, socially or personnaly, we must and must ensure that the laws are executed.We need to stand up and say this is my right, give it to me. The changes shoud have been carried out long back and its us, each one of us who has to make this happen.


1.Remove all security of politicians once they smell death every moment, they will understand life of ordinary man.


2. No statements will be made by any leader on TV unless approved by president of India.


3. Media should be controlled by the govenrment.


4.Declare emergency and bring internal security in some shape. 


5. Ever wonder, why none of the politicians relatives are killed in such attacks?


 

 
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Lawyer

Forum Moderator

Read this news item appearing in Indian Express by former Chief Justice of India Justice R C Lahoti:


CJI’s exit wake-up call: there is no political will here to fight terror 


 NEW DELHI, OCTOBER 31 Sending a wake-up call to the Government, outgoing Chief Justice of India Justice R C Lahoti said today that there was no “political will” in the country to fight terrorism, a crime that needed an “altogether new type of investigation.”



Speaking to the press on his last day in office, Justice Lahoti’s remarks assume significance coming as they do two days after the worst terrorist strike in Delhi. And when the UPA government repealed the terror law citing its misuse and its commitment in the Common Minimum Programme.


“Has anyone thought why there has not been a single instance of terror in USA post-9/11 unlike India where such attacks occur almost every day? The difference lies in the desire to study the problem scientifically and take remedial measures,” Justice Lahoti said.


“We do not have the political will to fight terrorism”, he said underlining the need for new legislation. “When new challenges come, new solutions also have to found. Terrorism is a gift of the last century...Terrorist acts require an altogether new type of investigation. It (terrorism) requires new laws and new methodologies. A study should be conducted to identify the causes and suggest remedies. But there is no serious study in our country,” he said.


The Delhi blasts found an echo in his views on death penalty where Justice Lahoti said he was in favour of retaining it in the statute book. This is in sharp contrast to that of his successor Justice Y K Sabharwal, who had first told The Indian Express that his “personal” view was that it should be abolished.


“My personal view is that it must continue to exist”, Justice Lahoti said.


He justified the death sentence given to Dhananjoy for raping and brutally killing a minor girl. Referring to the lives lost in the Delhi blasts, Justice Lahoti said: “What other penalty would suit perpetrators of such brutal acts? What other penalty is called for if the crime is proved beyond any reasonable doubt? What happens is that, we forget the past. We see only the face of the accused, who is before us and his family. We forget the victims and their families.”


The CJI, however, advised that alternative, less painful modes of execution should be explored if available.


 
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Practicing lawyer(B.Com LL.M in Business law )

Why No body willing to join Army or Airforce or Navy. As two gentalmen hv already done. one doctor  and other engineer 

 
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none

All sorts of solutions have been suggested over the years but so far nothing has worked against terrorism. I am yet to hear any solution which has worked so far, be it in Israel or any where. Israel with its best know how in this matter is struggling for its existence since last half a century.


India’s other problems are unstable neighbors on all sides, very soft laws and corrupt politicians who has lack of will power. Like USA, India should send these fanatic people to Andaman (KALAPANI) and try them under military law instead of trying them on mainland.

 

Rekha ji there are about 30,000 vacant positions for officer rank in army since years. IAF pilots are taking voluntary retirement to join the private airlines where they can earn much more.
 
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The solution may not be President rule or even martial law in the country.. Alternatively, this is a painful reminder of what has happened due to a majority of the population's aversion to voting..


The solution is to mobilise enough positive public opinion that transforms the face of the toothless, faceless polity that governs us today. If this happens, hopefully this incident will be a second freedom movement in the history of this vibrant country.



 



 


There needs to be mobilization at every level. Not just the educated elite, but every strata of society. There are different roles to be played at every societal level. Each one needs to realize his and take responsibility for it. And then it will be the second freedom movement for sure.

 

I guess we, as lawyers, professionals and urban citizens have a role to play too. But I am still not able to form an action plan. I voted in the Delhi state LA elections. But yet I feel unsatisfied . Bitter lack of choice, in spite of 13 candidates from my constituency! To be honest, at some level I feel responsible for what happened (due to my inaction). 

 


We as citizens also need to cooperate with security procedures and ensure that if the agencies are taking them lightly, they are punished.. Hence, be very careful and try and ensure that there is a procedure for checking, frisking, x ray etc at malls, airports, stations, markets etc. If you dont raise an objection to careless security measures, who will????


 


 





 

 
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