Chief
Justice of US Supreme Court John
Marshall had once said:
"Power of
Judiciary lies not in deciding cases,
nor in Imposing sentences nor in
punishing for contempt, but in the
trust, faith and confidence of the
common man".
Accord
Industry status to process of issuing warrants
& cancelling warrants
Issuing arrest
warrant and cancelling them benefits, numerous
poor people who work in the courts and at the
police stations... So accord it some status or
else people will call it ...racket to extort ....
Accord industry
status to process of Issuing warrants
& cancelling warrants
Those of you, who
have had the misfortune of having been forced to
attend courts, must already be aware of how
things function, in the god forbidden place,
where everyone from top to bottom, is smiling at
you, with a reason... put something in my palm.
This small story starts
in 1998 when my son Sushil had acquired
a driving licence at age 18. After about 6
months, while driving a Maruti 800, his car
collided with a autorickshaw. The rickshaw
overturned and the car was slightly
damaged... it happened about 1/2 km from our
residence.
Three ladies were travelling in the autorickshaw,
one of which complained that she had severe pain
in the arm, so he left the car on the spot and
accompanied her to the hospital, where the
policeman on duty, informed Khar Police station
about the accident, in their jurisdication. The
lady was examined by the doctor, X ray taken, no
fracture was found and she was sent home. My
son was taken to the Khar Police station.
Now, as per the law my son was not to be
arrested, but he was. As per the law the minor
accident was to be treated (in the worst case) as
a bailable offence, and should have been released
on a bail of Rs 900/-, but he was held at police
station from 6.30 pm till 12.30 am, because I was
a person not used to offering bribes, so all
their hints were not taken note of by me.
Finally,
around 11.30 pm, I was compelled to
use my contacts. A retired Police
Commissioner of Bombay, called up the
Khar Police, to enquire why
Chhugani's son was being held, when
the offence was a bailable one.
2
months later, my son received
summons, from the Bandra court as the
Khar Police had filed a case for rash
and negligent driving. FOR 12 YEARS
NOW, the case has not moved an inch.
(My
Son finally decided
"Damn the Court, I am
taking up the Job offer
abroad" ... So he flew
out on 27-1-2010 ... I will
face the Magistrate who is
likely to issue an arrest
warrant again )
While Sushil (my
son) has had to attend the court approximately 9-10
TIMES EVERY YEAR FOR 11 YEARS NOW(total
about95 times).....Funny
is the hectic activity that takes place, on the
date that he is unable to attend, because he is
out of station and his lawyer, for some reason
has forgotten too.
The activity : The police
prosecutor asks for a arrest warrant to
be issued, since the accused and his
lawyer are not present, the magistrate
promptly issues a arrest warrant, the
court back office promptly
processes it and sends the warrant of
arrest to Khar Police station.
The Khar Police,
3-4 days later, send the police in
civilian clothes to arrest my son, in the
evening around 7-8 pm, they see in it an
opportunity, to extort a lot of money... This
has happened3 times in
the last 11 years.
Unfortunately for the local cops, all 3
times I was at home, when they
came,pretending to come from some bank
for credit cards, Sushil has applied, the
deception never worked... All 3 times, I
identified them as cops... called up my
Son, who on all 3 occasions was not in
Bombay and he confirmed "Yes
I think I had a date in Bandra court last
week, busy with office work I
forgot".
Now
comes round two:On his return to
Bombay, immediately he goes to the court, with
the lawyer and gets the process started of
cancelling the arrest warrant... It takes about
distribution of Rs 600 to Rs 800, to various dogs
at the court. By 4 or 5 pm, he has the slip in
hand, confirming the cancellation of arrest
warrant... Another day or two later, the cops
from Khar Polie station, land up, we show them
the slip, received from court about cancellation.
The cops plead with us "My Bada Saheb will
think, I warned you last time and then you got
the warrant cancelled...he will not believe, I
did not get any money from you, because the major
portion is to be given to him".
We are
told this case is likely to go on for another
10-12 years, during which period, he is not
supposed to take up a job outside India.
Therefore accord Industry status, to
issue of arrest warrants.
The courts
are clogged with pending cases, because it is in
the interests of court officials and the police,
to prolong so that they can keep on milking more
and more people ... People do get tired of going
again & again and nothing happening, so they
skip sometimes & then the rogues start their
efficient system of extortion.
This
kind of case can happen with anyone ...even YOU.
So
it is important, you should join in to fight NOW
(Reproduced from
Times Of india 13th April 2008 pg 10)
HC:
Be careful in issuing NBWs
Failure To Turn Up At Court
Doesnt Require Warrant
New Delhi: The Delhi high
court has advised judges to be
careful in using the power of issuing
non-bailable warrants and said that
in cases related to bailable
offences, a court must not issue a
non-bailable warrant against the
accused for their failure to appear
during trial.
Cancelling a magistrates NBW
against two women, facing trial for
alleged misuse of a property, Justice
Sanjay Kishan Kaul said, The
judges should exercise their
jurisdiction with care in future...
while a judge presides over criminal
jurisdiction he should not give a
misconceived heady feeling of sense
of power where he seeks obedience
losing sight of fundamental
principles of Constitution, rights,
criminal jurisprudence and fair
play.
Justice Kauls observations came
while cancelling the warrant issued
against Mani Shandly and Anuradha
Thakur by a metropolitan magistrate
last month for their failure to
appear in court on March 24.
The two were facing trial since
August 2001 after they were allegedly
found running a shop illegally in GK
from a residential premises. Their
counsel said they regularly attended
court proceedings, but due to a
confusion in dates, they appeared
before the court on March 25 instead
of 24. But the magistrate had
rejected their submission and issued
NBW against them, Singh added. TNN
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