Showing posts with label Supreme court of India. Show all posts
Showing posts with label Supreme court of India. Show all posts

Friday, 14 September 2018

Scrap 498A as Supreme Court again Failed to Protect Article 21:Live & Liberty of Innocent Person.


Today is the 5th time SC Judges once again recognized the misuse of Law 498A, but what SC had been done? Have they really interested to protect the Live and liberty of Indian Men, which is back bone of Indian Constitution and its responsibility was assigned to SC to protect for every citizen, irrespective of their caste, religion or sex (gender). 


Court Says :

It is propounded in a court of law that the penal provision is abused to an unimaginable extent, for in a cruel, ruthless and totally revengeful manner, the young, old and relatives residing at distant places having no involvement with the incident, if any, are roped in.  Thus, the abuse of the penal provision has vertically risen.  When the implementation of law is abused by the law enforcing agency, the legislature introduces a protective provision as regards arrest.  Needless to say, the courts have ample power to grant pre-arrest bail or popularly called anticipatory bail and even to quash the criminal proceeding totally to stabilize the lawful balance because no court of law remotely conceives of a war between the two sexes.  The courts remain constantly alive to the situation that though no war takes place, yet neither anger nor vendetta of the aggrieved section should take an advantage of the legal provision and harass the other side with influence or espousing the principle of sympathy.

SC 3-bench Judge, acknowledge the Misuses of Law once again, but as solution says AB is available, but failed to understand the getting AB is not some thin ordering Pizza or a cup of tea.  When abuse the power of arrest happens, do you think Police is fool to give the time the person to go for Court to apply for AB? Who will stop the extortion, Blackmailing happen in court , police station in the name of AB ?

Solution given by SC: Training to Police personals. What a Solution, as last 50 years no training was given to them in spite so many SC guidelines and Judgments.

SC: Solution to stop abuse of arrest is Training. Really ? 


In spite of having Blackmailing and extortion Law , Government make special law 498A , which even term mental cruelty to wives as criminal offence ( which all over country deal by gender neutral Civil Law ). 

But any mental cruelty by wives to Husband is not crime in India. Such was the Unfair law in this country, where even silence of any Husband or his long relative members can be termed as criminal and as its non-bailable offence , the person can be put in Jail irrespective the allegation latter found true or false.   

One Have to understand why Rajesh Sharma Judgment was have to come in picture to form Family Well fare Committee to verify 498A complaint, before refer to court or Police.

Advocates/Judges/Government may say to abuse arrest 41A/Various SC judgment was there to avoid immediate arrest, But Practically it had been witness, none had given any respite for abuse of power of arrest.

When police arrest someone, technically prim face you can’t say its abuse, as it was non-bailable offence and Police, as they can’t refuse to register FIR. On the spot also police can arrest the Husband, if opposite party power full or use influence, so, the abuse of power of arrest was not curbed nor register of FIR with long list of people was stopped.

The intention of Rajesh Kumar Judgments was to curb automatic register of FIR and abuse the power of arrest, only think they have to record the reason and Justify. Means abuse of power of arrest was continue in spite of 41A/various Sc Judgments. Rajesh kumar Judgment was tried to given a way to filter the complaint via Family well fare committee to get time Husband to get AB, which had been reversed.

Second think getting the AB does not remove person name from the list of Criminal or provide the Live and Liberty of a person provided under article 21 , many rights had been restricted as soon as your name in list of any criminal offence start from free moment to get Passport, Job and many more.

Hence, SC- 3- Judge failed to curb the Misuse the 498A and protect the constitutional right of article 21 of innocent persons, though they acknowledge the same, but failed to take any corrective action.

The justification given CRPC41A and AB available as per law, so no need any other remedy. In the same logic, if any women face so called dowry harassment, she can file case as blackmailing and extortion also, but why special law 498A? Why the demand of Money/property by wife family from Husband not termed as Dowry ?

The solution given by SC Misuse to be dealt with AB is nothing but their failure to take corrective action. Result the innocent people have to suffer, which SC judges itslef termed earlier as unleash Legal terrorism.

Wonder our SC is for to take only note of Misuse or give corrective action? Even after 5th time , still they have not courage to #Scrap498a .

The justification SC- Judges given , it’s not their Job to correct in loophole in Law , but in case of Vishaka case to order internal committee ( already sexual assault law was there) , 66A scraped for Misuse , 377 modified to stop abuse the law , but when comes to 498A , their contracted stand surprised me.

So , it’s clear beyond reasonable dought that in India none is interested to protect Men’s Live and Liberty right provided by Constitution article 21 by making multiple unfair Law by government , the laws will be abused by Police, advocates. SC Judges also un willing to take any corrective action. So, what option as Men in India you have?

Injustice somewhere is threat of Justice every where!!!

#SpeakUpMan before its too late,as no other bandage solution except #Scrap498A ,  otherwise future generation is not going to forgive you for your silence, as today Marriage it self is became Crime  for Men in India.

Monday, 13 July 2015

Rape accused Gopal Shetye is Victim of Misandry- Women Never Lie.



Maharashtra: Man wants back 7 years of his life in jail ...




 

 

He Spent 7-Years In Prison For A Crime He Did Not Commit ...


On July 29, 2009 he was picked up by the police and charged of raping a 28-year old woman sleeping at the railway bridge of Ghatkopar station. Gopal pleaded not guilty, but all his pleas fell on deaf years. The police presented his case in Sewree court and within a span of ten months of the case hearing, he was awarded seven years imprisonment.

Soon after his conviction, Gopal appealed in the Bombay High court against the lower court's judgments. On June 10, 2015, the Bombay High Court acquitted him of all charges on the basis of inadequate evidence and several loopholes in the probe.

Even after the grave injustice that was meted out to him, Gopal didn't lose hope. He is on a hunger strike at Azad Maidan, Mumbai waiting to meet Maharashtra CM Devendra Fadnavis so that he can present his case and get the policemen who framed him punished. 

Gopal, whose identity in the society is that of a rapist is not ready to live it. He wants to present his case to the CM and fight for justice. He hopes to one day bring his daughters out of the orphanage and give them a better life!

Give me Back my 7 years : Gopal Shetya , Fake Rape Accused 





We know everyone will now go behind the Police and blame that its police had framed him.  But the irony is, it is Supreme Court only made such precedents, that mere verbal statements of women to be considered as gospel truth in rape cases and the men to be convicted. 


In a number of cases SC had convicted men by mere verbal allegation only without any medical or DNA or any supportive evidence in cases. 

 



That’s how our judiciary and law makers work in our country. To convict a person court take 8 months but to decide his appeal application takes 6 years. 


No one will ask the role of the women who also part of this whole game. If this case had been any other country the women had been send in jail till now , but it is India and we are in #Misandric mind set , let punish the men first mere verbal allegations of a women, after years after years if at all he found not guilty , who cares ? Let him suffer.

It’s not only court; even media also termed many men a rapist on the mere allegation of rape without any evidence except the verbal allegations of women.

It’s not only Gopal Shetye , there are more than 76% cases in India a person had been put in jail months after months, years after years and denied bail on assumption a women never lie, a women never cheat.
Few days back it is court only said, a police can’t refuse to register a fake rape case, even though they know or have evidence, it is court to decide. 

Then how can you blame the Police alone for such manipulation? We have seen in number of cases many police officer had been blamed or sacked if they filed Final closer report in court ( FR) , because it is court had tell them to consider the verbal allegation of women as prim-faces evidence . 

It is  natural Police will prefer to file a charge-sheet as per women verbal allegations and put the ball in court rather  than taking the risk of file the closer reports in rape cases, is not that common sense said?


Today it is Gopal Shetye , tomorrow it can be any one of us victim  of such Misandric mind set , because such law and order had been passed by our elected representative and higher judiciary and none of them can be held accountable in India.


Any law or order passed on assumption a women never lie or a women never cheat is bound to get abused and not only police, everyone in the Justice system will be prefer to  take safer side than taking risk or brave step to file closer reports .

Our caution all gone in deaf years, where we had strongly recommended, you can’t arrest a person and term him rapist on mere verbal allegations. Time to SC and law makers take some corrective steps to establish our constitutions article 21 – Live and liberty in true sprite than abuse the constitutions 15(3) special privilege in the name of empower to women.


We know none can return the 7 –years of Gopal  Sathey like men in India , whatever loss he had faced had already gone and non-recoverable , but time to immediate attention need of our LAW makers as suggested by various HC  and organizations like SIF Network:


1.       There must be some re-rehabilitation scheme to Men to restart their life as fresh.

2.       A strong Punishment clause in Law itself like Lokpal act , so that Judge can take action against  to those who help or promoted or supported such fake and fabricated cases and spoiled life in beyond reasonable doughty, than hide under some use less provision like,  crpc340 or Ipc182.

3.       A person should not be arrest on mere verbal allegation, irrespective the LAW is bailable or Non-bailable.
4.       Any review or appeal must be disposed off within 30 days, as here you are not conducting any trail , you have to just review the order of lower court is right or wrong and for that 6 years can’t be a Justification at all.

5.       If court fails to give their final order on time, it is Judiciary’s failure and for that the punishment can’t be give to accused and keep the person behind the bar for month after month.


Why a common citizen of India have to pay the price of inefficiency of Judiciary to deliver the order on time?




Would love to see your views and suggestion in comment sections, are you ready to learn any lesson from such cases or prefer to be in #Misandric mind set.

Click to Poll #Justice4Gopal