Wednesday, May 6, 2015

501 Trigeminal Neuralgia will not obstruct while acting in films, taking millions.

 501 Should we feel relieved that trial court convicted Mr. Salman Khan or should feel dissatisfied that the trial dragged for 15 years!

Celebrities get all types of diseases only when they have to stay in jail.जब जैल में ठहरना, तब ही सॆलब्रीटीस को सब रोग बाहर आयेगा।  జైల్లో ఉండాల్సి వచ్చినపుడే, సెలబ్రిటీలకు అన్ని రోగాలు బయట పడ్తాయి.

Question: How can we solve the problem of celebrities committing crimes and dragging trials for 15 years? Examine this from the point of view of Marxism / Communism / Total Socialism.

1. In total socialism, we can eliminate the class of celebrities.

2. We can also eliminate the class of lawyers, who argue cases by collecting millions of Rupees. There will be no money economy in real Socialism.

3. Real question is: Do we need private cars? The system of Private Cars must be introduced only after we produce at least 500 million cars, so that each and every family  in the country gets a car FREE. But, there will be no roads to run them on, or no space to park them. Besides, the import bill of crude oil will go beyond the control of India. Hence, it will be apt, if India altogether avoids private cars. Group travel on public transport is the only solution. Public Transport will be free.

4. In complete socialism, Bars need not open every day. They may be kept open only on holidays.

How can we solve the problem of celebrity crimes, within the existing Capitalist System?

Separate courts should be established for celebrity cases with instructions to continue trials on daily basis, with few adjournments.  Celebrities have a tendency to appoint rich busy lawyers for their defence, who use their talents in getting frequent adjournments, wherever they are likely to get adverse judgements, so that they get time to purchase witnesses for retracting their statements.    Some witnesses may die, during the period of adjournments.

Question: How to handle the serious problem of retraction of statements by witnesses (Prosecution witnesses turning hostile)?

Ans: As celebrities can easily influence witnesses to go back from the statements they have already given to police, resulting all the hard-work done by the police becoming futile (Best example of this, we can see in the acquittal of Telugu Hero-MLA in whose home a gun/pistol firing took place, a film producer got seriously injured, and attempts were made to wash away the place of theand the seriously injured person went from his deposition given in hospital) , we can adopt the following reform:--

As far as possible, all statements in serious cases, are to be obtained by making arrangements for immediate visits of Magistrates to Hospitals/Homes for obtaining independent depositions from witnesses.  Cr. PC and Indian Evidence Act, if necessary, should be amended suitably, to minimise retractions of statements given to Magistrates, during actual trial, examinations and cross examinations.

In case of statements given to Police Officials,--  Cr. P.C. and Indian Evidence Act, should be amended to facilitate retraction/revision of their statements by witnesses already given to Police, by means of a Notarized Affidavit, detailing the denials/corrections/additions, with reasons for the rebuttals, changes.  This notarization is to take place within 20 calendar days from the date of the original statement.  The Notary should send a copy of the affidavit containing the rebuttal/revisions to the Police Station investigating the case, and the Magistrate in whose jurisdiction the Police Station works.  The Police Station concerned can also take into consideration, the revised statements received from the Notary, while investigating the cases.

    If  other persons wish to make statements on the case, either fresh, or add information on the basis of the revision/rebuttals already made by the witnesses, they can also be permitted to notarize their affidavits,   copies of which will also be sent by the Notaries to the concerned PSs, and the Magistrates. 

Question: The work of obtaining statements from the accused and the witnesses is the work of the Police.  Why do you want to bring the Notaries into picture?

Whether we like it or not, the bitter fact remains that Police have tendencies to obtain confessions from the accused, and supporting statements from witnesses, by threats, and third degree methods.    Owing to this general impression prevailing everywhere,  often, the trying Magistrates and Judges may face a dilemma, on to what extent they can rely on the statements made by the witnesses 1) during police investigation 2) after some years, in court, during trial.  To minimise these dilemmas, there is a need to   1) to provide prompt retraction/amendment system 2) to ensure that accused/witnesses, if they want to change their stance, they are allowed to do it immediately.

This no delay approach for retraction of statements, will also help police in their investigation processes, and procedures.  They can re-examine the entire case in fresh focus light, and decide either to stick on to their earlier path or, search for new labyrinthine lanes of investigative alternatives.  If they consider appropriate, they can revise their charge sheets and make them thorough enough, before going for their presentation in trial courts.

Question:  Why this maximum time limit of 20 days should be allowed for retractions and rebuttals?

With afflux of more and more time, witnesses have a tendency to get influenced by the accused, who comes out on bail.   The role of money and threats will come into picture.  Witnesses tend to speak truth when the incidents are fresh and lingering on their minds.  Hence, the iron should be hammered, when it is red hot, not after it cools down.

Question: There is a hackneyed maxim: JUSTICE DELAYED IS JUSTICE DENIED.   Now, can we say that justice has been delayed and denied, as Police and Courts have taken 15 years, and yet the process of appeals upto Supreme Court level will take another 2/3 years?

Ans: :Let us take the case of the man who lost his leg in the accident.  During these 15 years, having lost his physical fitness, he must have been doing some odd underpaid jobs and eking out his livelihood, while our Hero minted thousands of crores in films.   While the injured persons are pauperized by the offense, and the guilty person is enriched by being allowed to roam,  where is the level play-ground?  Wherever there are instances of enrichment of guilty persons during delays of trials, a part of the enrichment made by the convict, can be passed on to the victims.  Courts should be authorised by amending Cr.P.C., I.P.C., to attach such additional earnings made by the convicted person during his bail period, and grant a part of it as compensation to the victims.


(To continue & revise as may be necessary. सशेष. पुनः संस्करण करने का है। ఇంకా ఉంది. తిరగవ్రాయాలి కూడాను. సూచనలకు స్వాగతం.)

No comments:

Post a Comment

ఘోరమైన విమర్శలకు కూడ స్వాగతం, జవాబులు ఇవ్వబడతాయి. Harsh Criticism is also welcome.