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How Police Officers in India lost protection of courts against arbitrary transfers since 1983?

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This article is about some judgedment and some provision of law, because of which, India has become a “ZERO SAFETY NATION”.

POINT 1 :

WHERE HAVE WE REACHED AT PRESNT

Only few days ago, a bench of two Judges in Supreme Court was hearing a Habeaus Coupus petition asking for release of some persons illegally confined to Indian jail.

One judge could not help expressing his anguish.

” Article 21 Life and Liberty of an induvidual has alaways been a most jealously guarded subject by Supreme Court.

In fact, we have given a guarantee under Art.32, that we will proretect life and liberty of every individual.!

Remember those days when Hebeaus Corpus petitions, were always listed on top board and petitions were decided in a week…! !

Now ! ! ! Look at this Habeaus Corpus petition which is lingering since 8 years, and the government is still asking for time!


Where have we reached!


Haven’t Government Counsels any duty to Court?”

Judges expressed their dismay.

POINT 2 :

WHO SHOULD BE BLAMED FOR PRESENT SITUATION?

I think, Supreme Court itself
should be blamed for the present scenario. I will try to explain why Supreme Court itself is alone responsible for this state where we have reached.

POINT 3:

AN.EYE-WITNESS WHO SHOW POLICE ADMINISTRATION CRUMBLING DOWN TO GROUND ALL OVER THE COUNTRY AFTER A SUPREME COURT JUDGEMENT IN 1983

Scene before 1982.

It was not much better, but at least something better.

A) If a Chief Minsiter asked a PSI to clean her shoes, in front of TV Camera, he could refuse to do so.

B) If a Home Minister asked a PSI to buy 1 Kg Potato from market and deliver it to his home, the PSI could refuse to do so.

(C) If a Chief Minister goes to a police station asking for release of her party members, PSI could tell her, “Madam Chief Minister, this is My Police Station. You have no right to interfere in my investigation. These people are arrested as per law. Go to Court and come with their bail of order.”

But now things are different. Police officers are ready to do anything including encounters, to oblige their top bosses.

In my view Change happened due to a 1983 Supreme Court Judgement.

POINT 4 :

WHAT DID I SAW IN 1983

I was actively watching working of police system. My sources of information were newspapers in public libraries.

I was just trying to understand why so many mysterious deaths were taking place across country. I was trying to see if they were following some kind of patterns described in Sherlock Homes Books.

In this books, the detective said, “All kind of crimes of world, follow only few fixed patterns. Once you identify these few patterns, you can find out who committed crime in few minutes even without going out of your room!.”

He said all crimes can be solved by sitting in a room by following deduction methods.


Just then I read in newspaper, a land mark judgement of Supreme Court.

POINT 5:

WHAT DID THIS SUPREME COURT JUDGEMENT SAID

The judgement said a government servant has no fundamental right to serve at any particular place.

Government can transfer him to any place in India at any time.

There were guidelines on how transfers are to be made to avoid arbitrariness. But Court said, forget about these guidelines. Once we say that you have no fundamental right to serve at a particular place, you can derive no right from these guidelines. The guidelines are for government’s internal working.

No Stay on Transfers. Sorry. Follow wishes of your bosses.

But why High Court and Supreme Court will not protect a PSI, if a PSI is transferred to a remote place, only on the ground that he refused to polish shoes of Chief Minister?

Court Said: You have to prove malafide after joining Chief Minister and proving prima facie evidence of malafide.
(An impossible thing to do)

And in anyway, we can’t grant you any stay. First, Join at transferred place and then we will hear your case as per availability of date of listing your case. Normally we give next date of hearing after six months, but in your case, we will give next date after four months.

POINT 6. NET RESULT OF ABOVE LAW;

Few Days ago,

1) On TV, we saw a police officer cleaning shoes of chief minister.

2) On TV, we saw that a police officers arrested two persons of a political party. Chief Minister herself goes to police station and the accused are released.

3) Fake encounter by police of UPA party workers in BJP ruled states and Fake encounters by police of BJP workers in UPA ruled states.

CONCLUSION: Every police officer, in India serves at the mercy of Chief Minister and Home Minister. If he does not carry out investigation or encounters as per wishes of minister, he can be transferred to any remote place any time.

Every CBI Inspector is at mercy of Union Home Minister. If he does not investigate as per wishes of Home Minister, he can be transferred to any remote place .

No courts will grant any stay against transfer as per law as I understand since 1983

These brave people have families and small children studying in school. Welfare of all of them is at mercy of Home Minister or Chief Minister.

How can we expect them to investigate fearlessly?

POINT 7

SAME FATE HAPPENED TO GOVERNMENT PLEADERS, STATE COUNSELS,
PUBLIC PROSECUTORS.

Supreme Court held, all these posts are contractual posts. Prosecutors have no right to post. As soon as Government Changes, it can replace all prosecutors and place new prosecutors who can conduct cases as per wishes of new ministers. So if a minister wants that in certain case all accused should be acquitted, the public prosecutor has to ensure that they are acquitted. Otherwise, he will lose his job.

These State officer, prosecutors, standing counsels, also have family and children studying in school. Why should they take any risk if Courts were not likely to protect their job!

This is why I think that India is “Zero Safety Nation”.

CRIME AND JUSTICE WATCHER
INDEPENDENT BODIES should be set up by those rich people who care for India.

Haresh Raichura

24/3/2012

Can One Single Man Stop Parliament From Passing Any Bill?

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Yes. I will explain how.

I would like to explain this point to you( 1) By one example of Gandhij  (2) From movie “Network” and (3) From some basic principle of Law of Evidence. (4) From a personal experience.

1) Gandhiji’s example :

He was in South Africa.

Some Bill was likely to be passed in Parliament against Indians in South Africa. Time was very short.

He asked people (1) to send telegrams to all members of Parliaments.(2) He asked people to collect at least 25000 signatures.

As soon as the telegrams reached, the Bill was put on hold. Then he also sent memorandum of 25000 signatures.

Here, we stop. It is enough to see that Bill was immediately put on hold. Further story is not needed to explain point which I wish make.

2) Movie “Network” Story.:  

 A TV Anchor was running a popular TV show where current political situations were discussed and analysed.

Some one was preparing script and he has to play it.

He saw that everything which was being shown to TV Audience was fake. People were being fooled.

One day he goes mad.

Instead of speaking as per prepared speech, he began to start speaking from his heart. He began to speak that what was being fed to people on TV was fake, and then he began to explain true political games.

Since, it was live show and he was “On Air”, it was difficult to stop him.

He kept pouring out his heart for 45  minutes. After the show was over, management decided to remove this man who had gone mad.

But by evening, his show had become a Hit and everyone wanted his more shows.

Management felt, it was commercially lots of profitable to continue his show. He was continued and was allowed to speak whatever he wished.

His show began to increase TRP of channel by day and night, by leaps and bounds. He no more used notes or prepared speeches. He spoke directly from heart and people liked the truth.

Then one day, One America’s leading News Channel decided to sell all its shares to an Arab Country.

The Anchor spoke against this deal, in his show, “This is not good. This news channel is soul of America and it cannot be sold away to a foreign country.”

He asked everyone to send a telegram to President asking him to stop the deal.
In 24 hours, millions of telegram reached President.

The deal was put on hold immediately.

Here we stop the story.

3) Basic Principle of Evidence:

Whatever is spoken or written, if it is verifiable by a third independent party, it is a strong and almost undeniable evidence.

When you send a telegram, the telegraph office man reads what you have written. He counts words. Then the telegraph office, where the telegram reaches, downloads it, reads it, and delivers it.

It has impact on the receiver of telegram.

I have found that if you send Registered AD letters to all members of Parliament and Rajya Sabha, no one cares.

If you write to PM or President, no one replies.

This Telegram method, I have still not tried on members of Parliament.

But when some client will come, with right cause and capacity to bear expanses, I will ask him to send telegrams to all members of Lok Sabha and Rajya Sabha.

Then we will see the reaction.

4)  My one experiment: 

I have made many experiment with telegrams. But one is enough for this article.

Some years ago, One day, I feared some anti-social elements. I sent a telegram to chief Justice of India. That day at night at 2 AM, two police officers came on a bike near my house.

I was frightened. I felt that anti-socials had come. But no, they were police officers, they checked my name plate on house and checked that everything was peaceful in area.

Next day morning, again two police officers came, they gave me their personal mobile numbers and told me to call them if I need any help.

Then I saw that a Police PCR van was stationed for six month in my area.

This is my experience.

(P.S. The recollections of about Gandhiji might have some incorrection, because I am neither Gandhian nor I have read much about him. Recollection about movie Network are also from far memories.)

Haresh Raichura

23/2/2012