Disclaimer:
I'm not a lawyer/legal professional. I'm a common man who likes to use the internet for learning, entertainment and dissemination of information in various forums of issues which I believe are of importance.


Offlate certain events are happening in India and the complications which are being brought about by the current Indian Supreme Court and the CJI is rather alarming.

It is quite another story of the Ontario defence dropping the charges even against two young men, when it had the video tape evidence on the shooting murder of the young man.

Case I:

http://www.zeenews.com/states/2009-02-23/510117news.html

A gentleman named Ajith from Kerala started an Orkut community to oppose and discuss Shiva Sena in Mumbai. The Shiv Sena objected to views expressed on this website and complained to Thane police station and a case was registered against Ajith. Mr.Ajith went to Kerala High court and obtained bail and then further went to supreme Court to get the case thrown out.

The supreme court bench headed by CJI K.G.Balakrishnan and Sadasivam have declared that the case cannot be thrown out. They have further said that M.Ajith a student of computer science knows all about internet and also knows how people use the internet. Hence posters of stuff on the internet needs to be answerable to stuff they post when questioned/complained.Hence the bench has ordered Ajith to defend himself in the Mumbai high court.

This judgement has started a big controversy in India. In the internet where in people go to certain sites and post stuff. Not all the people go to view every site. Hence only a few go to certain sites of interest. In the moderated sites will the moderator be held responsible for the stuff posted ?.Even when the site registers participants with various conditions you cannot expect everybody to reflect the views of the website and how can the poster/initiator of the discussion be made totally responsibe for the discussion/thread where in many other posters who would have participated in that thread would also made remarks/reflections which might be of inflammatory nature. In a way this judgement is curbing the freedom of the internet and indirectly the freedom of speech of the people.

Case II:

http://www.hindu.com/2009/02/26/stories/2009022657840100.htm
http://www.hindu.com/2009/02/26/stories/2009022660091200.htm

http://www.hindu.com/thehindu/gallery/0957/

Recently Dr.Subramanian Swamy had gone to the Chennai high court to file an affidavit to the high court to enable himself to defend a set of petitioners. In tamilnadu all the hindu temples are under the Tamilnadu government and all the offerings to the temple are taken by the government. It is estimated that for Rs. 1 collected by the temple about 5 paise goes back to the temple for maintenance, expenses, salaries and other expenses. The balance of 0.95 paise is used by the government to balance its budget and other expenses. This doesnot apply to MINORITY religious places. The government cannot ask or interfere even to know where the funds come from or how it is spent. Recently US has even asked India to check on the hawala operations to and from India.

http://www.expressbuzz.com/edition/story.aspx?Title=Act+against+hawala+funding+of+terror,+US+tells+India&artid=HgLb0WxY9JE=&SectionID=b7ziAYMenjw=&MainSectionID=b7ziAYMenjw=&SEO=Hawala,+India,+US,+Terrorism&SectionName=pWehHe7IsSU=.

Dr.S.Swamy had gone to file a petition to defend the takeover of the famous Thillai Nataraja temple.

http://www.hindujagruti.org/news/6283.html

While he was in the judges bench with a couple of police to protect him(as he has threat from LTTE) he was assaulted by a group of 15 men who shouted anti-brahmin slogans(as he is a brahmin but his wife is PARSI) and threw eggs, tomatoes and tried to physically harm him in the PRESENCE of two judges. This happened right in the front of two judges and the room was locked from inside so that nobody can enter from outside. The two policemen(one incidentally a muslim) tried to defend Dr.Samy and were assaulted and then after hearing the commotion police from outside came in and saved the judges, Dr.Swamy and other inside the bench. The next day the police went to arrest the persons who did this assault(who incidentally are LAWYERS of Chennai High Court) there was lots of arguement and when the police tried to arrest them riots broke out, which is UNPRECENTED in Indian Judicial history. There was large scale fighting between police and the lawyers(picture attached above). The lawyers set fire to many automobiles on the court premises, burnt the police station on premises and harmed many a policemen.The question of what triggered such a riot between police and lawyers(who are supposed to educated/professional) is a moot point even today and is being debated with evidence given by both sides.In this melee both the police, lawyers, Judges from the Chennai highcourt, court officials and many a news journalist have been hurt and admitted to hospitals.

The Chief minister who has the police portfolio under him declared that he is going to go undefinite fast until police and lawyers settle their differences!. This is a fantastic joke as the person responsible for the police force he should have defended the police(even if they were wrong) to keep the moral of the police up.

The case went to the Supreme Court and the judgement given by the CJI and his bench is again shocking. They have asked for the policemen who were responsible for the attack to be prosecuted, the police station to be removed from the high court. They have also questioned why the police started the lathi charge against the lawyers without the highcourt chief justice permission. They have also said that police presence in the courts should be severly restricsted. The question which araises from this judgement is that with criminilization of the law profession if a few criminals or even common man or lawyers attack any person inside the court house would the police need to wait for the Chief Justice to give permission to protect the individual?. If a murder happens inside the court premises then the police should wait with folded hands until the court intervenes. If a politician like Dr.S.Swamy has no protection what is the fate of a common man inside a court where justice should be meted out. Will this not make the court a place for free for all/vendetta location. Many a times in revenge cases many a attacks happen outside the court premises and now it'll happen right inside the courts and police will not be able to do anything.

Nothing has been spoken about the criminal act of the rioting lawyers in this judgement. Whatever one can say the lawyers have no right to take the law into their own hands

Once again the CJI has come out with another judgement which is perplexing.

NOTE:

I'm not discussing certain information/background in this piece as these are explosive and one might be able to find about the same by googling.

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Sunny Leone a true Canadian DESI now back in India !.