Wednesday, October 29, 2014

Re: [IAC#RG] DOES JUDICIARY HAVE UNLIMITED POWERS ?

It happens only in India. In 2011 one HSBC employee gives these names to  Congress Govt. And Indian govt as well as media address the men as CHOR(thief) and if the name was given by some politician then he would become Desh Bhakt.....

The game of Black money has actually now started and let's see where it will take us....

Ankit Khetan
India

> On Oct 28, 2014 10:15 PM, Hemraj Jain <jainhemraj59@gmail.com> wrote:
>>
>> It is revealed by govt that all the names were given by Modi Govt in June 2014  to SIT  (which works under Supreme Court of India, the SCI). That means these names are already with SCI (because SIT is supposed to tell SCI at first opportunity, when it gets such list).
>>
>> Then why SCI asked govt to hand over the same list to SCI on August, 29 ?
>>
>> Can some one enlighten me about the motive of SCI behind this order.
>>
>> Regards
>>
>> Hem Raj Jain
>>
>> On Tue, Oct 28, 2014 at 10:33 AM, Venkatraman Ns <nsvenkatchennai@gmail.com> wrote:
>>>
>>> To  
>>>  
>>> India Against Corruption
>>>                                                                                     DOES  JUDICIARY  HAVE  UNLIMITED  POWERS ?
>>>
>>>  
>>>
>>> In recent times, we have come across many instances where judiciary has entertained cases and given ruling , which may not involve any legal issues or any constitutional interpretations and issues which may be purely a matter of administration.
>>>
>>> For example, judiciary has given verdict even on such matters like restricting the use of crackers on deepavali festival or  using loud speakers beyond certain hours, which are purely  matters in the domain of administration.  At least some people including some   legal professionals  some times wonder  whether judiciary is exceeding its limits on occasions.
>>>
>>> There are also many instances where the judgements of judiciary at various levels do not have consistency , making thinking people wonder as to whether judiciary is providing judgements on the basis of perspectives and prejudices of individual judges , without approaching the issues on the basis  of law and fair practice. For example, the judgement of the judiciary regarding homosexuality have confused people  as to what would be the limits of powers of judiciary and which are the matters which it should entertain.
>>>
>>> Obviously, judiciary is having its way , since , by and large, people have lost faith in the credibility of  politicians and bureaucrats  and many people think that politicians and bureaucrats would readily compromise with values and principles in discharging their duties. Under the circumstances, people look upon the judiciary to save them from the misdeeds of politicians and bureaucrats ,  which appear to have made judges think that they have unlimited powers and they are the ultimate  authority.
>>>
>>> The recent judgement of the Supreme Court directing Government of India to submit the names of all black money holders abroad has been widely welcomed by the people but the legal pundits may wonder whether Supreme Court has over reached itself in giving this decision  and whether it really  has  the inherent  powers to do so,  as  per the provisions of constitution.
>>> N.S.Venkataraman
>>> Nandini Voice For The Deprived
>>> Email:- nsvenkatchennai@gmail.com
>>> Twitter : @nsvchennai
>>>
>>>  
>>>
>>>
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>>> WWW : http://indiaagainstcorruption.net.in
>>
>>

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Re: [IAC#RG] DOES JUDICIARY HAVE UNLIMITED POWERS ?

Dear Sir, From a common man's perspective an action or a cause which belongs to masses and has acquaintance with or belongs with the interests of common man & country then SC has enormous and even SU-MOTO inherent power to deal with such an issue because SC is guardian of such rights of citizens. This black-money matter is in the interests of common man as well of masses including country above all, formation of SIT was for the same cause! When SC is doing good why the intellectuals instead of praising SC providing their own views? At least we should have a common stand on the national matters? Girendra Singh, New Delhi
Sent from my iPhone

On 28-Oct-2014, at 10:15 pm, Hemraj Jain <jainhemraj59@gmail.com> wrote:

It is revealed by govt that all the names were given by Modi Govt in June 2014  to SIT  (which works under Supreme Court of India, the SCI). That means these names are already with SCI (because SIT is supposed to tell SCI at first opportunity, when it gets such list).

Then why SCI asked govt to hand over the same list to SCI on August, 29 ?

Can some one enlighten me about the motive of SCI behind this order.

Regards

Hem Raj Jain

On Tue, Oct 28, 2014 at 10:33 AM, Venkatraman Ns <nsvenkatchennai@gmail.com> wrote:
To  
 
India Against Corruption
                                                                                    DOES  JUDICIARY  HAVE  UNLIMITED  POWERS ?

 

In recent times, we have come across many instances where judiciary has entertained cases and given ruling , which may not involve any legal issues or any constitutional interpretations and issues which may be purely a matter of administration.

For example, judiciary has given verdict even on such matters like restricting the use of crackers on deepavali festival or  using loud speakers beyond certain hours, which are purely  matters in the domain of administration.  At least some people including some   legal professionals  some times wonder  whether judiciary is exceeding its limits on occasions.

There are also many instances where the judgements of judiciary at various levels do not have consistency , making thinking people wonder as to whether judiciary is providing judgements on the basis of perspectives and prejudices of individual judges , without approaching the issues on the basis  of law and fair practice. For example, the judgement of the judiciary regarding homosexuality have confused people  as to what would be the limits of powers of judiciary and which are the matters which it should entertain.

Obviously, judiciary is having its way , since , by and large, people have lost faith in the credibility of  politicians and bureaucrats  and many people think that politicians and bureaucrats would readily compromise with values and principles in discharging their duties. Under the circumstances, people look upon the judiciary to save them from the misdeeds of politicians and bureaucrats ,  which appear to have made judges think that they have unlimited powers and they are the ultimate  authority.

The recent judgement of the Supreme Court directing Government of India to submit the names of all black money holders abroad has been widely welcomed by the people but the legal pundits may wonder whether Supreme Court has over reached itself in giving this decision  and whether it really  has  the inherent  powers to do so,  as  per the provisions of constitution.
N.S.Venkataraman
Nandini Voice For The Deprived
Email:- nsvenkatchennai@gmail.com
Twitter : @nsvchennai

 


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Re: [IAC#RG] DOES JUDICIARY HAVE UNLIMITED POWERS ?

They all are hands and gloves with each other to save their people .Today the real power is in the hands of Advocates. Judges are just the silent spectators.

The cases can be closed in the shortest possible time if we bring accountability , responsibility and transparency in the judiciary.

On Tue, Oct 28, 2014 at 10:15 PM, Hemraj Jain <jainhemraj59@gmail.com> wrote:
It is revealed by govt that all the names were given by Modi Govt in June 2014  to SIT  (which works under Supreme Court of India, the SCI). That means these names are already with SCI (because SIT is supposed to tell SCI at first opportunity, when it gets such list).

Then why SCI asked govt to hand over the same list to SCI on August, 29 ?

Can some one enlighten me about the motive of SCI behind this order.

Regards

Hem Raj Jain

On Tue, Oct 28, 2014 at 10:33 AM, Venkatraman Ns <nsvenkatchennai@gmail.com> wrote:
To  
 
India Against Corruption
                                                                                    DOES  JUDICIARY  HAVE  UNLIMITED  POWERS ?

 

In recent times, we have come across many instances where judiciary has entertained cases and given ruling , which may not involve any legal issues or any constitutional interpretations and issues which may be purely a matter of administration.

For example, judiciary has given verdict even on such matters like restricting the use of crackers on deepavali festival or  using loud speakers beyond certain hours, which are purely  matters in the domain of administration.  At least some people including some   legal professionals  some times wonder  whether judiciary is exceeding its limits on occasions.

There are also many instances where the judgements of judiciary at various levels do not have consistency , making thinking people wonder as to whether judiciary is providing judgements on the basis of perspectives and prejudices of individual judges , without approaching the issues on the basis  of law and fair practice. For example, the judgement of the judiciary regarding homosexuality have confused people  as to what would be the limits of powers of judiciary and which are the matters which it should entertain.

Obviously, judiciary is having its way , since , by and large, people have lost faith in the credibility of  politicians and bureaucrats  and many people think that politicians and bureaucrats would readily compromise with values and principles in discharging their duties. Under the circumstances, people look upon the judiciary to save them from the misdeeds of politicians and bureaucrats ,  which appear to have made judges think that they have unlimited powers and they are the ultimate  authority.

The recent judgement of the Supreme Court directing Government of India to submit the names of all black money holders abroad has been widely welcomed by the people but the legal pundits may wonder whether Supreme Court has over reached itself in giving this decision  and whether it really  has  the inherent  powers to do so,  as  per the provisions of constitution.
N.S.Venkataraman
Nandini Voice For The Deprived
Email:- nsvenkatchennai@gmail.com
Twitter : @nsvchennai

 


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Tuesday, October 28, 2014

Re: [IAC#RG] DOES JUDICIARY HAVE UNLIMITED POWERS ?

The question is why the govt. resisted giving the list to the SC. The govt. was doing parallel investigation and giving amnesty to certain individuals. The SC has stopped that with insistence of giving the list and insisting that all investigation henceforth will be done by the SIT.

On 29 October 2014 12:17, Salil RK <protekmumbai@gmail.com> wrote:
The SC has huge powers. It is custodian of the constitution. Whatever wrongs the executive commits, the SC has powers to nullify the same. It not only interprets the laws but also has to see that justice has be done. The constitution provides sufficient powers to the SC.

On 28 October 2014 20:03, Venkatraman Ns <nsvenkatchennai@gmail.com> wrote:
To  
 
India Against Corruption
                                                                                    DOES  JUDICIARY  HAVE  UNLIMITED  POWERS ?

 

In recent times, we have come across many instances where judiciary has entertained cases and given ruling , which may not involve any legal issues or any constitutional interpretations and issues which may be purely a matter of administration.

For example, judiciary has given verdict even on such matters like restricting the use of crackers on deepavali festival or  using loud speakers beyond certain hours, which are purely  matters in the domain of administration.  At least some people including some   legal professionals  some times wonder  whether judiciary is exceeding its limits on occasions.

There are also many instances where the judgements of judiciary at various levels do not have consistency , making thinking people wonder as to whether judiciary is providing judgements on the basis of perspectives and prejudices of individual judges , without approaching the issues on the basis  of law and fair practice. For example, the judgement of the judiciary regarding homosexuality have confused people  as to what would be the limits of powers of judiciary and which are the matters which it should entertain.

Obviously, judiciary is having its way , since , by and large, people have lost faith in the credibility of  politicians and bureaucrats  and many people think that politicians and bureaucrats would readily compromise with values and principles in discharging their duties. Under the circumstances, people look upon the judiciary to save them from the misdeeds of politicians and bureaucrats ,  which appear to have made judges think that they have unlimited powers and they are the ultimate  authority.

The recent judgement of the Supreme Court directing Government of India to submit the names of all black money holders abroad has been widely welcomed by the people but the legal pundits may wonder whether Supreme Court has over reached itself in giving this decision  and whether it really  has  the inherent  powers to do so,  as  per the provisions of constitution.
N.S.Venkataraman
Nandini Voice For The Deprived
Email:- nsvenkatchennai@gmail.com
Twitter : @nsvchennai

 


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--
Regards

Salil
Protek
9324869143



--
Regards

Salil
Protek
9324869143
Posted by at No comments:

Re: [IAC#RG] DOES JUDICIARY HAVE UNLIMITED POWERS ?

The SC has huge powers. It is custodian of the constitution. Whatever wrongs the executive commits, the SC has powers to nullify the same. It not only interprets the laws but also has to see that justice has be done. The constitution provides sufficient powers to the SC.

On 28 October 2014 20:03, Venkatraman Ns <nsvenkatchennai@gmail.com> wrote:
To  
 
India Against Corruption
                                                                                    DOES  JUDICIARY  HAVE  UNLIMITED  POWERS ?

 

In recent times, we have come across many instances where judiciary has entertained cases and given ruling , which may not involve any legal issues or any constitutional interpretations and issues which may be purely a matter of administration.

For example, judiciary has given verdict even on such matters like restricting the use of crackers on deepavali festival or  using loud speakers beyond certain hours, which are purely  matters in the domain of administration.  At least some people including some   legal professionals  some times wonder  whether judiciary is exceeding its limits on occasions.

There are also many instances where the judgements of judiciary at various levels do not have consistency , making thinking people wonder as to whether judiciary is providing judgements on the basis of perspectives and prejudices of individual judges , without approaching the issues on the basis  of law and fair practice. For example, the judgement of the judiciary regarding homosexuality have confused people  as to what would be the limits of powers of judiciary and which are the matters which it should entertain.

Obviously, judiciary is having its way , since , by and large, people have lost faith in the credibility of  politicians and bureaucrats  and many people think that politicians and bureaucrats would readily compromise with values and principles in discharging their duties. Under the circumstances, people look upon the judiciary to save them from the misdeeds of politicians and bureaucrats ,  which appear to have made judges think that they have unlimited powers and they are the ultimate  authority.

The recent judgement of the Supreme Court directing Government of India to submit the names of all black money holders abroad has been widely welcomed by the people but the legal pundits may wonder whether Supreme Court has over reached itself in giving this decision  and whether it really  has  the inherent  powers to do so,  as  per the provisions of constitution.
N.S.Venkataraman
Nandini Voice For The Deprived
Email:- nsvenkatchennai@gmail.com
Twitter : @nsvchennai

 


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--
Regards

Salil
Protek
9324869143
Posted by at No comments:

Re: [IAC#RG] CORRUPT POLITICIAN HAS THE LAST LAUGH AND JUDICIARY BECOME LAUGHING STOCK

Mr Mohanachandran appears to be the Devil's Advocate. He forgets that Jayalalita has been convicted by the Court and is NOT undertrial. His personal happiness at her release is what sycophancy is all about. In fact such sycophants are the stepping stones of corruption, as after scores of sycophants have glorified the criminals, they actually start believing that they are Gods themselves! As far as Amma is concerned she does not want to even see anyone who is not her sycophant!

On Tue, Oct 28, 2014 at 12:52 PM, P.Mohana Chandran <p.mohanachandran50@gmail.com> wrote:
Mrs.Indira Gandhi's election was set aside by Allahabad High Court for electoral malpractice.Justice Krishna Iyer,granted stay of the judgement.This facilitated Mrs Gandhi to get the Representation of Peoples' Act amended with retrospective effect so that spending money over and above the stipulated limit even by a recognised party which was an electoral malpractice ceased to be a malpractice resulting in the Allahabad High Court judgement getting reversed.We cannot rule out the possibility of the Prevention of Corruption Act getting amended excluding members of Legislatures from the clutches of the law.As Lalluji.Jayalalithaji and OmPrkash Choutalaji are presently not able to 'remote control' the Central Government, Prevention of Corruption Act may not be amended to save them.They may have to work out their remedy before the Appellate Courts.If a politician receives gifts and become a Billionaire with such gifts,he can not be proceeded under  Prevention of Corruption Act in view of the change in law brought in to save some Big  politicians who were able to remote control the then Government at the Centre.Till the accused persons (whether politician or otherwise) exhaust the last chance of Appeal,let us not treat them as criminal.In Tamilnadu there is objection to to keeping of Jayalalithaji's portraits in public offices.As per the existing guidelines portraits of some leaders like Gandhiji,Arinjar Anna and serving CM can be kept in public Offices.TN Government can amend the guidelines to include former CMs in the list so that the controversy can be avoided.Ofcourse Karunanidhiji's portrait too can be kept in such a situation.As a person born and living in Tamilnadu ,I am extremely happy that Jayalalithaji was allowed to comeout on bail.When she was in Jail,each day was a nightmare for us.
P.Mohana Chandran,



On Fri, Oct 24, 2014 at 4:42 AM, Shanti Bhushan <shantibhush@gmail.com> wrote:
Even though there is no presumption of innocence after conviction so long as an appeal provided by law due to experience of coviction being found to be erroneous in many cases there is no presumption of guilt also and therefore grant of bail pending appeal has to be fairly liberal.

Sent from my iPad

On Oct 22, 2014, at 6:33 PM, ~Rájiv Pátěl <rpatel.fffie@gmail.com> wrote:

Dear Kirity Roy
Get your facts clear. In the present case the ACCUSED person has been already tried and found GUILTY and therefore the person is no more an accused but a CONVICT. Unlike the parameters to be considered while granting bail to an accused person/s parameters to grant bail to a convicted person are different

On Tue, Oct 21, 2014 at 10:32 PM, Kirity Roy <kirityroy@gmail.com> wrote:
Yes, I do agree with the understanding of Mr. Shanti Bhushan. 
Accused person in a criminal trial should not be treated as guilty. It is the duty of prosecution (State) to prove him / her guilty before the court. 
Are we going to establish "presumption of guilt" in he tune of police / state ?? Are we going deny "Right to be presumed innocent until proven guilty" ?? 

At the same time I must support strongly the main message of Mr. N S Venkataraman of Nandini Voice. 

On 21 October 2014 21:52, Shanti Bhushan <shantibhush@gmail.com> wrote:
I do not see any objection to the grant of bail pending appeal provided it is conditional on the appeal being quickly heard and decided.

Sent from my iPad

--
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Balaji Place
Shibtala
Srirampur
Hooghly
PIN- 712203
Tele-Fax - +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : kirityroy@gmail.com
Web: www.masum.org.in


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--
Commander John Philipose, VSM (Retd)
Posted by at No comments:

[IAC#RG] FW: CORRUPT POLITICIAN HAS THE LAST LAUGH AND JUDICIARY BECOME LAUGHING STOCK

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What are they waiting for . Step::_

1.     Convene a special secession of parliament. Preferably a joint secssion.

2.     Just pass one bill nullifying Supreme courts judgment of disqualifying convicted persons , to continue as MPs and MLAS pending their appeal .

3.     Just do not take up the appeal.

4.     Use the great expertise and knowledge , experience of lallu for the good of Bharat that is Hindustan .  How can we afford to waste the management skil of such brilliant persons like Lallu . Wake up India . 

 

From: indiaresists-request@lists.riseup.net [mailto:indiaresists-request@lists.riseup.net] On Behalf Of P.Mohana Chandran
Sent: Tuesday, October 28, 2014 12:53 PM
To: indiaresists@lists.riseup.net
Subject: Re: [IAC#RG] CORRUPT POLITICIAN HAS THE LAST LAUGH AND JUDICIARY BECOME LAUGHING STOCK

 

Mrs.Indira Gandhi's election was set aside by Allahabad High Court for electoral malpractice.Justice Krishna Iyer,granted stay of the judgement.This facilitated Mrs Gandhi to get the Representation of Peoples' Act amended with retrospective effect so that spending money over and above the stipulated limit even by a recognised party which was an electoral malpractice ceased to be a malpractice resulting in the Allahabad High Court judgement getting reversed.We cannot rule out the possibility of the Prevention of Corruption Act getting amended excluding members of Legislatures from the clutches of the law.As Lalluji.Jayalalithaji and OmPrkash Choutalaji are presently not able to 'remote control' the Central Government, Prevention of Corruption Act may not be amended to save them.They may have to work out their remedy before the Appellate Courts.If a politician receives gifts and become a Billionaire with such gifts,he can not be proceeded under  Prevention of Corruption Act in view of the change in law brought in to save some Big  politicians who were able to remote control the then Government at the Centre.Till the accused persons (whether politician or otherwise) exhaust the last chance of Appeal,let us not treat them as criminal.In Tamilnadu there is objection to to keeping of Jayalalithaji's portraits in public offices.As per the existing guidelines portraits of some leaders like Gandhiji,Arinjar Anna and serving CM can be kept in public Offices.TN Government can amend the guidelines to include former CMs in the list so that the controversy can be avoided.Ofcourse Karunanidhiji's portrait too can be kept in such a situation.As a person born and living in Tamilnadu ,I am extremely happy that Jayalalithaji was allowed to comeout on bail.When she was in Jail,each day was a nightmare for us.

P.Mohana Chandran,

 

 

 

On Fri, Oct 24, 2014 at 4:42 AM, Shanti Bhushan <shantibhush@gmail.com> wrote:

Even though there is no presumption of innocence after conviction so long as an appeal provided by law due to experience of coviction being found to be erroneous in many cases there is no presumption of guilt also and therefore grant of bail pending appeal has to be fairly liberal.

Sent from my iPad


On Oct 22, 2014, at 6:33 PM, ~Rájiv Pátěl <rpatel.fffie@gmail.com> wrote:

Dear Kirity Roy

Get your facts clear. In the present case the ACCUSED person has been already tried and found GUILTY and therefore the person is no more an accused but a CONVICT. Unlike the parameters to be considered while granting bail to an accused person/s parameters to grant bail to a convicted person are different

 

On Tue, Oct 21, 2014 at 10:32 PM, Kirity Roy <kirityroy@gmail.com> wrote:

Yes, I do agree with the understanding of Mr. Shanti Bhushan. 

Accused person in a criminal trial should not be treated as guilty. It is the duty of prosecution (State) to prove him / her guilty before the court. 

Are we going to establish "presumption of guilt" in he tune of police / state ?? Are we going deny "Right to be presumed innocent until proven guilty" ?? 

 

At the same time I must support strongly the main message of Mr. N S Venkataraman of Nandini Voice. 

 

On 21 October 2014 21:52, Shanti Bhushan <shantibhush@gmail.com> wrote:

I do not see any objection to the grant of bail pending appeal provided it is conditional on the appeal being quickly heard and decided.

Sent from my iPad

 

--
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Balaji Place
Shibtala
Srirampur
Hooghly
PIN- 712203
Tele-Fax - +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : kirityroy@gmail.com
Web: www.masum.org.in

 


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