Judicious use of law of FIR and need for investigation
It is rightly said that power corrupts, and absolute power corrupts absolutely. The police force being the law and order maintaining arm of the government, enjoys huge power including encroaching upon the personal liberty of people. To what extent the power of arrest, detention, search and seizure should be exercised by the police has been spelt out by the higher courts time and again. But largely the guidelines issued by High Courts and the Supreme Court are more followed in breach than faithful compliance.
The recent case of Telangana once again proves such inference. The police falsely implicated four persons in a crime they had not committed or there was not even an allegation made by the de facto complainant or witnesses examined by police. Situation in Northern States has been indeed, pathetic. Unless one has high connections or sufficient money power getting an FIR registered is a remote possibility.
In 2014, the Supreme Court of India in case of Arnesh Kumar Vs. State of Bihar issued a slew of guidelines with regard to detention and arrest of accused in cases attracting punishment upto seven years and made the issuance of notice under Section 41-A of Cr.PC mandatory. Earlier, the Apex court had categorically directed all police stations in the country that whenever a complainant of cognisable offence is received the FIR must be registered without going deep into the facts. This direction given in the famous Lalita Kumari Vs. State of Uttar Pradesh also made it clear that not following the directions of the Apex court would result into contempt of the court by the concerned police personnel. However, the police by and large continue the old colonial habit of dilly dally the legal course ordained by the law and higher courts.
On the other hand, the practice of falsely implicating poor and innocent people still continues. The corruption level among police force is substantially high. The excessive power granted by the criminal laws to police and security forces if used in a judicious manner, can work wonders. Alas! this is not happening. The directives of Supreme Court and the High Courts are not followed by the power drunken Khaki clad corrupt forces. This breeds corruption and lawlessness in the society. The only way to curb such a malice is to inflict the harshest punishment on the wrong doers in police department.
PAK ELECTION BODY SLAPS CONTEMPT NOTICE ON IMRAN KHAN
By an order dated July 11, the Election Commission of Pakistan (ECP) issued notices to the former prime minister of Pakistan, Imran Khan and two other leaders of his party including former Minister of Information and Broadcasting, for using disrespectful language against ECP.
TS HC SCRAPS EUNUCHS ACT
A division bench comprising Chief Justice Ujjal Bhuyan and Justice C V Bhaskar Reddy on July 6 struck down the Telangana Eunuchs Act, 1919 holding that it was archaic and unconstitutional.
The bench writing the common verdict in three Public Interest Litigations (PILs) held that the said statute was violative of Articles 14 and 21 of the Constitution of India. While one PIL filed on behalf of V VasantaMogle prayed for scrapping the Telangana Eunuchs Act,1919, two other contained prayers for extending the benefits of reservation in educational institutions and employment and pension under Aasara Act to transgenders.
In its 128 page common judgement, the High Court dealt at length the discrimination of transgenders in the society and marginalising them. Under the provisions of scrapped law, the police were required to keep a register for entering personal details of transgenders and keep constant vigil over their movements and activities.
Stating that the transgenders were really a marginalized community, the court issued a slew of guidelines to the government.
TS HC CJ UJJAL BHUYAN ELEVATED
Chief Justice of Telangana High, Court Ujjal Bhuyan and Chief Justice of Kerala High Court S V Bhatti have been appointed as the Judges of the Supreme Court of India. With their appointments the apex court’s strength will touch the figure of 32 as against sanctioned strength of 34.
The High Court Bar Association organised a farewell function on July 13 to bid farewell to CJ Ujjal Bhuyan. Later, on July 14 Justice Bhuyan and Justice Bhatti took oath of office as Judges of the Supreme Court. Meanwhile, the Supreme Court Collegium has cleared three names, two advocates and one Registrar General of Telangana High Court for the appointment as Judges of the Telangana High Court, it is learnt.
TELANGANA POLICE AT RECEIVING END!
The Telangana High Court imposed a fine of Rs 25,000 on the State with a liberty to recover the same from the police personnel responsible for falsely implicating four persons in a criminal case.
IN ROME, LESS THAN 10 SECOND STALKING NO OFFENCE!
A Judge in Rome has been in the eye of storm in the social media for his judgement which accepted the confession of an accused who accepted the guilt of stalking a 17-year-old st
