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".

Comments

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
September 17,2024

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New Delhi: The Supreme Court on Tuesday halted unauthorised bulldozer action against private property, anywhere in the country, till October 1, dismissing concerns by the government that demolitions sanctioned after following due process could be impacted. 

The "heavens won't fall if we ask you to hold your hands till the next hearing", a bench of Justice BR Gavai and KV Viswanathan declared.

An irate top court - which has already come down hard, twice this month, on 'bulldozer justice' meted out by various state governments - also warned the government against "grandstanding" and "glorification" of this practice. "No demolition, till next, date, without permission of this court," the government was told, and warned the Election Commission may also be put on notice.

The court's reference to the poll panel is significant given elections are due in Jammu and Kashmir (the first Assembly election in a decade) and Haryana, where the Bharatiya Janata Party is looking to return to power. Elections are also due this year in BJP-ruled Maharashtra and Jharkhand.

The court, however, also clarified its order is not applicable to removal of encroachments in public spaces such as roads, railway tracks, water bodies, etc.

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News Network
September 13,2024

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In a huge relief for Delhi Chief Minister Arvind Kejriwal ahead of the Haryana elections, the Supreme Court has granted him bail in the Delhi excise policy case. The AAP chief will now be released from jail, six months after his arrest by the Enforcement Directorate on March 21. He was subsequently arrested by the CBI in June.

Here are some of the Supreme Court's key quotes:

•    Perception also matters and CBI must dispel the notion of being a caged parrot and must show it is an uncaged parrot. CBI should be like Caesar's wife, above suspicion. 

•    "No impediment in arresting person already in custody. We have noted that CBI in their application recorded reasons as to why they deemed necessary. There is no violation of Section 41A (3) of Code of Criminal Procedure," said Justice Surya Kant.

•    Justice Ujjal Bhuyan, however, noted, "CBI did not feel the need to arrest him (Mr Kejriwal) even though he was interrogated in March 2023 and it was only after his ED arrest was stayed that CBI became active and sought custody of Mr Kejriwal, and thus felt no need of arrest for over 22 months. Such action by the CBI raises serious question on the timing of the arrest and such an arrest by CBI was only to frustrate the bail granted in ED case."

•    Submission of additional solicitor general cannot be accepted that appellant has to first approach trial court for grant of bail. Process of trial should not end up becoming a punishment. Belated arrest by CBI is not justified.

•    Regarding building a public narrative of a case... Arvind Kejriwal shall not make any public comments about this case and be present for all hearings before trial court unless exempted.

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News Network
September 12,2024

Indore: Two Army officers were thrashed and one of their two women friends was allegedly gang-raped by armed miscreants when they were out on a picnic in Madhya Pradesh's Indore district in the wee hours of Wednesday.

Additional SP Rupesh Dwivedi said on Wednesday night that six suspects had been identified, two of whom have been detained from the jungles.
Both Army officers were injured in the mob attack. One of them managed to dial his senior officers but by the time police arrived from Mhow, 30km away, the woman had already been gang-raped.

The two Armymen are undergoing the Young Officers course at Infantry School, Mhow, SP Rural Hitika Vasal said.

According to the complaint filed by one of the lieutenants, the four of them had driven to Ahilya Gate near Jam Gate on Mhow-Mandleshwar road on Tuesday night. Built in 1791 by Rani Ahilyabai Holkar, Jam Gate is a popular picnic spot for its stunning views of the valley below, and the temple near Ahilya Gate draws a lot of devotees.

Around 2.30am, one of the officers and his female friend were in the car when 6-7 men attacked them. The other pair was atop a nearby hillock then and rushed down on hearing the confrontation.

The complaint says that the attackers held the pair they had attacked in the car hostage at gunpoint. They asked the other officer to bring Rs 10 lakh in ransom. This gave the officer - who was accompanied by the other woman - a chance to inform his seniors at Mhow, who in turn alerted police.

A large police force was dispatched to the spot but the attackers had escaped into the forest by then. All four of them were brought to Mhow Civil Hospital around 6.30am where a medical examination confirmed one of the women had been gang-raped. As per the duty doctor, there were injuries on both officers' bodies. "The complainant has alleged that the woman who was with him was raped, and they were looted as well," SP Vasal said.

Badgonda police registered a case under BNS sections 70 (gang-rape), 310-2 (dacoity), 308-2 (extortion) and 115-2 (voluntarily causing hurt), plus sections of Arms Act.

Forces from four police stations combed the jungles near Chhoti Jaam village and picked up two suspects.

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