Threat to human rights highest in police stations; even privileged not spared: CJI

News Network
August 8, 2021

New Delhi, Aug 8: Chief justice of India N V Ramana on Sunday expressed concern at custodial torture, saying the threat to human rights and bodily integrity are the highest in police stations and even the privileged are not spared third-degree treatment.

Maintaining that human rights and dignity are sacrosanct, the CJI said, "Custodial torture and other police atrocities are problems which still prevail in our society. In spite of constitutional declarations and guarantees, lack of effective legal representation at the police stations is a huge detriment to arrested/detained persons. The decisions taken in these early hours will later determine the ability of the accused to defend himself."

Justice Ramana was delivering the keynote address at an event organised by the National Legal Services Authority of India (NALSA), to launch the "vision and mission statement" and the mobile app for NALSA.

“To keep police excesses in check dissemination of information about the constitutional right to legal aid and availability of free legal aid services is necessary. The installation of display boards and outdoor hoardings in every police station/prison is a step in this direction," he said.

For a society to remain governed by the rule of law, the CJI said it is imperative to bridge the gap of accessibility to justice between the highly privileged and the most vulnerable.

He pointed out that despite the Covid-19 pandemic, we have successfully been able to continue our legal aid services.

“Majority of those, who do not have access to justice are from rural and remote areas which suffer from lack of connectivity. I have already written to the government emphasizing the need to bridge the digital divide on a priority basis," he added.

Referring to the move by the NALSA to rope in Department of Post, Justice Ramana said: “The services of the existing postal network can be utilised to spread awareness regarding the availability of free legal aid services and to increase the outreach of legal services to the eligible category of persons, especially to the persons residing in rural and far-flung areas of the country".

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Ramesh Mishra
 - 
Saturday, 14 Aug 2021

THREAT TO HUMAN RIGHTS: INDIA; Human Rights and all other rights are arbitrarily suspended by the police in India. All police stations in UP takes bribes, the senior officers are unskilled and lack the wisdom to maintain law and order. IAS and PCS are appointed justices without legal skill and mind, they are totally ignorant for interpreting and applying the law. These arrogant IAS and PCS have a superiority complex in believing that they are above the law. IAS, IPS and PCS have no public administration education, training and mind. The Chief Justice of India is a lawman, the policeman of India practice and promote might is right and due to this reason, India is crumbled. Most of the Indian Laws are not modern and practical, laws are Colonial, outdated and draconian, most lawyers are fake. The High Courts and Supreme Court justices are mostly genuine and skilled, but the ordinary people of India are unable to reach the higher judicial officers they are irreparably ruined at the lower Courts. Most Indian leaders are uneducated and unskilled lacking wisdom to govern and they rely upon executives who are mostly fools and the public is abused.
Ramesh Mishra
Victoria, BC, CANADA

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News Network
October 31,2024

Udupi: Falling prey to a sophisticated a “digital arrest” scam, Prameela (39) found herself defrauded of a staggering ₹11,87,463. The plot, orchestrated through deceptive tactics, left her financially devastated.

On October 25, Prameela received a call from an unknown number claiming a parcel, allegedly sent by one Wang Ming Zi, was flagged due to containing suspicious items: 5 kg of clothes, 8 ICICI credit cards, and 700 grams of MDMA. Adding to the urgency, the caller asserted that an FIR had already been filed against her.

The caller then transferred Prameela to a supposed representative of the 'Bombay Cyber Crime Branch,' who introduced himself as Manish Kumar, claiming to be a senior executive at DTDC Mumbai. Manish directed her to connect via Skype video call, asking her to download the app and search for the ID [email protected].

Once on the call, Prameela was requested to provide her Aadhaar card details, which she complied with. She soon received what appeared to be a formal arrest order listing her name, address, and Aadhaar information. Under pressure, Prameela disclosed her bank account details and balance to the caller. Exploiting this trust, the scammer then transferred ₹11,87,463 from her account.

Following the incident, Prameela lodged a complaint with the Shirva police, who have since registered a case under sections 316(2), 318(4), 351(2) of the BNS, and 66(C), 66(D) of the IT Act. The authorities are now investigating this alarming case of digital fraud.

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News Network
November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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News Network
November 12,2024

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Mysuru, Nov 12: Zameer Ahmad Khan, the Tourism and Waqf minister of Karnataka, who stirred a controversy by addressing the Union Minister HD Kumaraswamy as ‘Kaala Kumaraswamy’ has tendered apologies for his remarks.

Speaking to reporters in Mysuru on Tuesday, Minister Zameer stated that he will apologise if remarks have hurt JD-S workers.

“We both are very close. Then, in a total of 24 hours, we were together for 14 hours. He used to fondly address me as “kulla” (shorty) and I used to address him as “kariyanna” (blacky, kaalia),” Minister Zameer stated.

“I am not addressing him as ‘kaalia’ for the first time. I have not said something highly derogatory. It is being made as big in the backdrop of elections. With love, he used to call me a shorty and I called him a blacky. If I had caused pain to anyone by my words I apologise,” he said.

He further stated: “Kumaraswamy had said that he didn’t want the votes of the Muslim community. But now they are attempting to purchase Muslim votes. Against this backdrop, I have made the remark.”

Minister for Home G. Parameshwara stated on Tuesday, “Minister Zameer and Kumaraswamy are close friends. Their comments against each other are not significant.”

Zameer Ahmad Khan, the Tourism and Waqf minister of Karnataka stirred a controversy on Monday as he addressed the Union Minister as ‘Kaala Kumaraswamy’.

JD-S on Tuesday demanded a public apology and resignation of Minister for Waqf and Tourism Zameer Ahmad Khan over his ‘racist’ remarks.

“Remember, there is no place here for your divisive policies. You have insulted the people by making ethnic, racist and discriminatory statements. You should apologize to the people of the state and resign,” the JD (S) demanded in the post.

Union Parliamentary Affairs and Minister for Minority Affairs Kiren Rijiju reacted sternly to the racist jibe and stated, “I strongly deplore Congress Minister Zameer Ahmed calling Union Minister and former Chief Minister of Karnataka Kumaraswamy as 'Kaalia Kumaraswamy'.

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