Why ‘BAD MAN’ in India DO NOT FEAR Courts of Law?

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A twitter friend @hindu_rashtra asked if there is no quicker way to punish so many Scam Accused? I think a way is there. Aamir Khan is trying to take up that way with Chief Minister of Rajsthan. Chief Minister of Rajsthan is trying to take up issue with Chief Justice of Rajsthan High Court.

The way is to “Set up Special Courts for Special Crimes”.

But First Let Us Try To Understand, “Why BAD MAN in India Do Not Fear Courts of India?

When a GOOD MAN comes to me and asks, “What is law?”, he means to say, “I have a sense of duty to obey law, so I want to know law. What am I supposed to do and what am I not supposed to do, that is all what I want to know.”
When a BAD MAN comes to me and asks, “What is law?”. he is in fact wants to know something else. He wants to know “What disagreeable consequences….. may happen to me…. if I break this law? and ….When and after how many years…..these consequences may happen to me? Is there a way or possibility…… that I may be able to beat the system of Law?”
If I say that investigation will take 40 Years and trial will go on for 40 years, he will not be worried about law. If I give right answers to him, he will not fear laws or courts and will break the law tomorrow.
It does not matter to BAD MAN what speeches are being given by Judges and leaders of the country. He is not concerned with what is happening in other cases.
The only thing which can deter him From Doing Evil Thing is, Real and Immediate Danger that Court will put him behind the bar immediately.

Setting Up Special Courts For Special Types of Cases

That is what Aamir Khan is trying to persuade Chief Minister of Rajsthan. Set up a special court to deal with girl-child-killing-in-womb offences. The Government in Consultation with Chief Justice of a High Court can set up Special Courts for Special Cases.
Suppose a public servant, comes to me and asks, “What can law do to me if I commit a scam of 1000 Crores?”
If I can tell him that there are Special Courts to deal with Scams of more than 100 Crores, and judges are waiting for cases to come, and he may get punished in one year, plus all his properties in India and abroad may be confiscate by Government, then he may reconsider. This may deter him.
But if he will not see any Immediate and Real Danger, he may go ahead with crime.
Haresh Raichura
12th May,2012

PS. 40 Years ago, someone threw a grenade bomb at Car of Chief Justice of India. If I am not wrong, trial is still pending.

How Janlokpal Bill violates Basic Structure Theory of Costitution?

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I derive strength to say this from Silence of Justice Hegde. He was party to Janlokpal Bill Drafting Committee. I think he knows that the Janlokpal Bill violates Basic Structure of Constitution. But his view must have been vetoed out by others.

What is Basic Structure?

It means many things to many people. But you can say that it is skeleton of the Constitution. If it is removed, the Constitution and Rule of Law collapses.
Here, for purpose of this article, Basic Structure means:
Powers of Supreme Courts and High Courts to review and cancel any order of any authority, howsoever high it may be. (Even if President of India… or any high office you may create in future)

Understand the Implications of this point.


By passing Janlokpal bill you will bring all Judges of Supreme Court and High Court under Lokpal.
Tomorrow Lokpal will receive a complaint against a High Court judge and He will issues judge notice about it.
And the next day, High Court will direct Lokpal to appear in person with record of all complaints decided by him in last six months. Lokpal will have to appear in person before High Court.
High Court will start cancelling all his decisions one by one, on one ground or other, and will ask him to reconsider and report back on next date.
There is no way any JanLokpal, howsoever High he may be, to refuse to obey High Courts.
A crisis will happen. Janlokpal will collapse.
Haresh Raichura
12th May,2012