SUGGESTIONS FOR NEEDED REFORMS IN
“JUSTICE SYSTEM”
FOR ESTABLISHING
ABSOLUTE CONFIDENCE IN THE PEOPLE IN CONSTITUTIONAL JUSTICE SYSTEM BY ENSURING
QUICKER & FAIR JUSTICE AT LOW COST FOR ALL SECTIONS OF PEOPLE IN THE
COUNTRY IN A FIXED TIME FRAME WITHOUT ANY SCOPE FOR EXISTENCE OF UN
CONSTITUTIONAL & ILLEGAL ALTERNATIVE JUSTICE SYSTEMS;
MEASURES FOR
MARGINALISING CRIME & IMPROVING THE FUNCTIONING OF THE
LAW ENFORCEMENT
AGENCIES FOR ENSURING ABSOLUTE SAFETY, SECURITY FOR ALL SECTIONS OF PEOPLE AT
ALL TIMES AND ALSO FOR QUICKER & BETTER ASSISTANCE TO COURTS FOR SPEEDY
TRAILS FOR DELIVERY OF QUICK & FAIR JUDGEMENTS;
REGULATION &
MODERNISATION OF THE JUSTICE SYSTEM IN INDIA WITHOUT ANY SCOPE FOR MIS-USE OF
AUTHORITY BY ANY SECTION OF PEOPLE IN THE PROCESS, ENSURING JUSTICE FOR ALL
SECTIONS OF PEOPLE IN THE COUNTRY AT ALL TIMES
PRADEEP
KUMAR KUNCHE
Think Social Engineering Think Me
kunchepk@gmail.com, pradeepkunche.blogspot.com
1. INTRODUCTION
2. NEED FOR CREATION
OF POLICE STATIONS IN THE COUNTRY FOR DEALING DIFFERENT CRIMES LIKE CRIME
AGAINST WOMEN & CHILDREN (DOWRY, DOMESTIC VIOLENCE, PROSTITUTION, CHILD
LABOUR ETC), CYBER CRIMES, CORPORATE CRIMES, CRIMES OF ROAD ACCIDENTS, ALL
MEDICO LEGAL CASES AND CRIMES OF CORRUPTION BOTH IN GOVERNMENT AND PRIVATE,
ECONOMIC OFFENCES PROPERTY DISPUTES, THEFT CASES, CRIMES OF MURDER ETC IN
APPROPRIATE NUMBER AS PER THE PERCENTAGE OF CRIMES; BUT MAKING IT MANDATORY TO
REGISTER CASE IN CASE OF ANY VICTIM APPROACHES AND TRANSFER THE CASE TO THE
APPROPRIATE AUTHORITY
3. NEED FOR CREATION
OF PERMANENT POLICE OUT POSTS (MINI POLICE STATIONS WITH PERMANENT STRUCTURES
AND OFFICE INFRASTRUCTURE ) IN ALL THE SLUMS, ALL THE MARKET AREAS; ALL THE IMPORTANT
TOURIST DESTINATIONS; ALL IMPORTANT PILGRIMAGE PLACES; ALL BUS STATIONS; ALL
RAIL STATIONS; ALL AIR PORTS; ALL SEA PORTS; ALL MAJOR DISTRICT GOVERNMENT
HOSPITALS AND MAJOR PRIVATE HOSPITALS; ALL THE ENTRANCE AND EXIT OF THE
DISTRICT, STATE BORDERS WORKING 24/7 WITH BOTH CIVIL AND ARMED POLICE IN
APPROPRIATE NUMBERS WITH JOINT CONTRIBUTION FROM COMMERCIAL GROUPS AND MP/MLA
DEVELOPMENT FUND AND FROM GOVERNMENT
4. NEED FOR SETTING UP
OF A NATIONAL TOLL FREE CALL CENTRE (ALL NATIONAL LANGUAGES & SOME IMPORTANT INTERNATIONAL LANGUAGES) FOR ADVISING ON THE
LAW & JUSTICE SYSTEM
5. NEED FOR SETTING UP
OF TRAINING FOR THE POLICE OFFICIALS ON THE VARIOUS SUBJECTS AS PER THE
DIVISION OF THE POLICE STATIONS
6. NEED FOR
MODERNISATION OF ALL POLICE STATIONS AND ALL POLICE RECORDS SHOULD BE
COMPUTERISED AND DATA INTEGRATION AT NATIONAL LEVEL, THROUGH THE CRIME AND
CRIMINAL TRACKING NETWORK SYSTEM (CCTNS) PROJECT OF GOVERNMENT OF INDIA INSTALLATION OF CC CAMERAS IN ALL THE POLICE STATIONS
AT THE ENTRANCE AND AT OFFICIALS ROOMS AND IN THE LOCKUP AREA
7. NEED FOR
INSTALLATION OF GPRS SYSTEM ON ALL THE VEHICLES USED BY THE POLICE IN THE
COUNTRY FOR TRACKING THE MOVEMENTS OF THE POLICE PERSONAL FOR ENSURING
ENHANCEMENT OF EFFICIENCY IN DAY TO DAY WORK AND PREVENTING MIS USE OF VEHICLES
FOR NON POLICE WORK AND PERSONAL WORK; ALSO NEED FOR RANDOM TIMING OF DAILY
POLICE PATROLLING BY POLICE IN THE NIGHT IN ALL THE RESIDENTIAL, BUSINESS
AREAS; MAKING MANDATORY THAT POLICE OFFICIALS USE THE OFFICIAL MOBILE PHONE
SUPPLIED BY THE GOVERNMENT; THE PERSONAL MOBILE SHOULD BE PERMITTED TO HAVE
THE INCOMING & OUT GOING CALLS OF
THE NUMBERS WHICH ARE PRE REQUESTED BY THE CONCERNED OFFICIALS
8. NEED FOR MANDATORY
INSTALLATION OF CC CAMERAS IN ALL THE TRAFFIC ISLANDS AND ALL THE MAJOR PUBLIC
PLACES IN THE CITY/TOWN AND CONTINUOUS MONITORING OF THE CC TV
9. NEED FOR MAKING
MANDATORY THAT ALL TRAVEL DATA OF THE PEOPLE MONITORED BY THE POLICE BY MAKING
IT MANDATORY THAT ALL MODES OF PUBLIC TRANSPORT LIKE PRIVATE TAXIES, THE RAIL,
THE AIR LINES MAKING MANDATORY TO COLLECT THE DATA OF THE PASSENGERS THROUGH
THEIR IDENTIFICATION AND MAKING IT ONLINE TO THE POLICE COMPUTER SYSTEM; WITH
STRINGENT SYSTEM OF MONITORING & ACCESS OF SUCH DATA ONLY BASED ON THE
CRIME RECORDS
10. NEED FOR CREATION
OF CENTRAL CRIMINAL IDENTIFICATION AUTHORITY (CCIA) FOR UP LOADING THE
INFORMATION OF ALL THE CRIME RECORDS AND DATA UP DATE OF THE CRIMINALS MOVEMENT
AND BASED ON THE FIR’S FROM ALL THE STATE POLICE FOR THE LOOK OUT OF THE
CRIMINALS AS WAS MENTIONED IN THE CCTNA
11. NEED FOR TRAINING
OF POLICE ON SOCIAL SYSTEM; NEED FOR MODERNISATION OF POLICE STATIONS; NEED FOR
RECRUITING OF POLICE IN APPROPRIATE NUMBER AND PROVIDE TRAINING FOR THEM ON
MODERN COMMUNICATION SYSTEMS AND METHODS OF IDENTIFICATION OF CRIME ETC; NEED
FOR MAINTAINING UNIFORMITY OF SYSTEM
/DESIGN/APPROACH IN ALL POLICE STATIONS, CREATE A PEOPLE FRIENDLY APPROACH.
12. NEED FOR
INSTALLATION OF THE VIDEO CONFERENCE FACILITY IN ALL THE POLICE STATIONS; FOR
BETTER COMMUNICATION AMONG THE HIERARCHY, FOR PRODUCING THE ACCUSED TO THE
COURT
13. NEED FOR PREVENTION
OF CORRUPTION IN THE LAW ENFORCEMENT AGENCIES BY ADOPTING THE N-E-W-S TRANSFER
POLICY TO ALL THE POLICE OFFICIALS; NEED FOR PROVIDING APPROPRIATE NECESSARY
REST PERIODS AND INCENTIVES
14. NEED FOR COMPLETE
BAN OF FREE SECURITY FOR THE POLITICAL LEADERS VERY EXCEPTIONAL TO THE
CONSTITUTIONAL AUTHORITIES (NO TO ALL THE ELECTED REPRESENTATIVES) ; LEVY OF
HIGH FEES FOR THE SECURITY ARRANGEMENTS FOR VARIOUS FUNCTIONS OF ELITE LIKE
WEDDINGS, BIRTHDAY PARTIES; OPENING AND CLOSING CEREMONIES OF THE PRIVATE
EVENTS ATTENDED BY THE PEOPLE IN THE GOVERNMENT AND THE CELEBRITIES; NEED FOR
RESTRICTION OF PRIVATE FUNCTION ATTENDANCE OF THE PEOPLE PROVIDED WITH FREE
GOVERNMENT SECURITY; NEED FOR SEPARATE POLICE FOR SERVING THE SO CALLED
VVIP/VIP MOMENTS AND BANDOBAST ARRANGEMENT; NEED FOR BAN ON ORDERLY SYSTEM IN
THE POLICE DEPARTMENT
15. NEED FOR REGULATION
OF POLITICAL PROCESSIONS AND IMPOSITION OF STRINGENT RESTRICTIONS AS THE POLICE
MACHINERY IS BEING WASTING THE POTENTIAL TIME ON THE SECURITY ARRANGEMENTS; IN
ADDITION WASTE OF LOT OF MAN HOURS FOR THE PRIVATE INDIVIDUALS IN THE TRAFFIC
JAMS; LOT OF ENVIRONMENTAL POLLUTION BESIDE WASTEFUL EXPENDITURE ON THE FUEL OF
THE VEHICLE.
16. NEED FOR SEPARATE
POLICE FOR THE INVESTIGATION AND INTELLIGENCE GATHERING IN ADEQUATE NUMBER;
NEED FOR SETTING UP OF SPECIAL INVESTIGATION POLICE WITH MULTI DIMENSIONAL
INVESTIGATIVE TALENTS
17. NEED FOR CREATION
OF RELIGIOUS POLICE TO DEAL WITH RELIGIOUS MATTERS; SECURITY ARRANGEMENTS NEAR
THE RELIGIOUS PLACES
18. NEED FOR CREATION
OF COASTAL MARINE POLICE NEAR THE LAKES, RIVERS AND SEAS & OCEANS
19. NEED FOR CREATION
OF SOCIAL POLICING IN EVERY COLONY, EVERY SLUM, AND EVERY RESIDENTIAL AREA AND
IN EVERY VILLAGE, WARD TO ASSIST THE POLICE IN THAT RESPECTIVE TERRITORY FOR
REDUCTION OF CRIME AND ALSO TO REPORT TO THE POLICE AND ENSURING QUICK RESPONSE
BY POLICE ON ANY INCIDENCE.
20. NEED FOR PROVIDING
PSYCHOLOGICAL COUNSELLING FOR THE INTER CASTE LOVE MARRIAGES, DIVORCE CASES,
DOMESTIC VIOLENCE CASES IN EVERY POLICE STATION UNDER CC CAMERA SURVEILLANCE BY
ENSURING EVERY POLICE STATION DEALING WITH SUCH CASES SHOULD HAVE A TWO FULL
TIME PSYCHOLOGICAL COUNCILLORS ONE MALE AND ONE FEMALE FOR COUNSELLING BOTH
SIDES BEFORE REGISTRATION OF CASE
21. NEED FOR AMENDING
LAWS IN THE CHEQUE BOUNCE CASES FOR MANDATORY NEED OF CONTRA ENTRY PROOF OF
MONEY BEING GIVEN TO THE ACCUSED PARTY BY THE COMPLAINT PERSON OTHER WISE IT SHOULD AMOUNTS ONLY TO A CIVIL
CASE NOT A CRIMINAL CASE
22. NEED FOR DATA
EXTRACTION OF THE ACCUSED BASED ON THE DETAILS FOR THE MOBILE PHONES, PASSPORT,
BANK ACCOUNTS, E MAIL ID’S AND OTHER SOCIAL NETWORKING ID’S AND AUTOMATIC
FREEZING BASED ON THE TYPE OF THE CASE; NEED FOR GOVERNMENT PERMITTING POLICE
TO DO ETHICAL HACKING OF THE E–MAIL AND SOCIAL MEDIA DATA OF THE ACCUSED UNDER
TRAILS AND THE PEOPLE CONVICTED AND RELEASED ON COMPLETION OF THE PUNISHMENT
TERM ESPECIALLY IN CASES RELATED TO DOWRY HARASSMENT, SEXUAL HARASSMENT AGAINST WOMEN, IN ECONOMIC
OFFENCES, IN ALL WHITE COLLAR CRIMES, ALL THE CORRUPTION CASES AND IN ALL CASES
OF COMMUNAL VIOLENCE’S ETC.
23. NEED FOR CREATION
OF DATA BANK OF INDIVIDUALS IN THE COUNTRY BY REGULATION OF USE OF INTERNET BY
INDIVIDUALS IN THE COUNTRY ESPECIALLY THE WORKING CLASS AND THE YOUTH; MAKING
IT MANDATORY SELF DECLARATION OF ACCOUNTS OF THE E- MAIL IDS AND THE SOCIAL
NETWORKING ID OF THE INDIVIDUALS AND THE PHONE NUMBERS OF THE INDIVIDUALS AND
ALL CITIZENS AT THE GOVERNMENT BY CREATING INFORMATION TECHNOLOGY AND
COMMUNICATION USERS DATA BANK AUTHORITY (ITCUDBA); NEED FOR INSTALLATION OF THE
CC CAMERAS IN ALL THE GOVERNMENT OFFICES, ALL THE BANKING AND FINANCIAL
INSTITUTIONS; NEED FOR ENTRY OF THE ID
CARD OF THE INDIVIDUAL MANDATORY FOR ALL THE COMMERCIAL INTERNET CAFES TO BE
USED BY ANY INDIVIDUALS
24. NEED FOR COMPLETE
BAN OF ANY KIND OF PHYSICAL ABUSE AND MAKING IT SEVERE CRIME THE USE OF THIRD
DEGREE BY THE LAW ENFORCEMENT AGENCIES ON THE ACCUSED AND THE UNDER TRAILS;
NEED FOR COMPLETE BAN OF USE OF STANGS AND ABUSIVE DEROGATORY LANGUAGE BY
POLICE & LAW ENFORCEMENT AGENCIES ON THE ACCUSED AND SUCH ABUSE AS NON BAIL
ABLE OFFENCE AGAINST SUCH OFFICIAL; MANDATORY ON THE PART OF THE OFFICIAL AS
WELL AS THE ACCUSED VICTIM TO UNDERGO NARCO ANALYSIS TO PROVE THE CASE OF THE
ABUSE OF LANGUAGE, DEROGATORY METHODS LIKE REMOVAL OF CLOTHES IN THE CUSTODY;
NEED FOR MAKING IT MANDATORY THAT ALL FRESH LAW GRADUATES ARE TRAINED IN THE
POLICE STATIONS FOR ONE YEAR AS PRACTICAL BY PROVIDING FREE LEGAL AID TO THE
ACCUSED AND ALSO TO ACT AS WITNESS DURING THE INTERROGATION
25. NEED FOR ESTABLISHING
THE INDEPENDENCE OF THE INVESTIGATION AGENCIES LIKE C.B.I BY ENSURING THE CBI
WORKS UNDER THE JOINT COORDINATION COMMITTEE OF CVC, CEC CAG AND THE CJ OF SC
FOR ENSURING ABSOLUTE AUTONOMY INCLUDING THE RECRUITMENT OF STAFF TO THE FILING
OF THE CASE IN THE COURTS COMPLETELY ELIMINATION OF THE CONTROL OF CBI FROM THE
GOVERNMENTS OR ITS ELECTED REPRESENTATIVES. NEED FOR APPOINTMENTS & ACCOUNTABILITY OF PUBLIC
IMPORTANCE LIKE ADVOCATE GENERAL OF INDIA, CHAIRMAN & BOARD MEMBERS OF
(CBDT, CBEC), ED, DIRECTOR GENERAL HYDRO CARBONS, DIRECTOR GENERAL INDIAN
BUREAU OF MINES, DIRECTOR GENERAL FOREIGN TRADE ETC IN ADDITION TO APPOINTMENT
OF NATIONAL COMMISSION FOR SCHEDULED CASTE, NATIONAL TRIBAL COMMISSION,
NATIONAL MINORITY COMMISSION, NATIONAL COMMISSION FOR WOMEN, NATIONAL OBC
COMMISSIONS SHOULD BE INDEPENDENT OF POLITICAL SYSTEM FROM SELECTION TO
APPOINTMENT.
26. NEED FOR
ESTABLISHMENT OF FORENSIC LABORATORIES IN ALL STATES IN ADEQUATE NUMBER IN
APPROPRIATE STRATEGIC LOCATIONS CATERING SERVICE TO THREE OR FOUR DISTRICTS
27. NEED FOR
ESTABLISHMENT OF COURTS AS PER THE DEPARTMENTS OF THE POLICE LIKE CRIMES
AGAINST WOMEN & CHILDREN, THE ECONOMIC OFFENCES, THE CORRUPTION CASES, THE
PROPERTY DISPUTES, THE ROAD ACCIDENTS, THE MURDER CASES, THE THEFT CASES ETC
28. NEED FOR
ESTABLISHMENT OF COURTS BASED ON THE STRENGTH OF THE POLICE STATIONS IN THE
COUNTRY; NEED FOR APPROPRIATE PYRAMID STRUCTURE OF COURTS
29. NEED FOR ENHANCING
WORKING HOURS OF THE COURTS TO 12 HOURS IN TWO SHIFTS FROM 8 AM TO 2 PM
(MORNING COURTS/DAY COURTS) AND FROM 2.15 PM TO 8.15 PM (EVENING COURTS) WITH 5
DAY WORKING ( WITH SIX DAY WORKING WITH CHANGE IN TIMING FOR STATES WHERE
EFFECTED BY FOG IN WINTER OR EARLY SUN RISE AND SUN SET STATES) FOR ALL
SUBORDINATE COURTS AND HIGH COURTS; NEED FOR FILLING UP OF EXISTING VACANCIES
AND ALSO MAKE AMENDMENTS IN LAW TO
RECRUIT TWO AND HALF TIMES THE STRENGTH OF THE JUDGES (ENSURING THE RATIO OF
JUDGES TO MILLION PEOPLE WILL GET ENHANCED TO 25 FROM THE PRESENT POSITION OF
10 JUDGES) AND ALSO THE STAFF TO DISPOSE OF CASES AT A FASTER RATE; CREATION OF
THE HOLIDAY COURTS ON SATURDAYS, SUNDAYS
AND ON ALL FESTIVALS EXCEPT ON NATIONAL
REPUBLIC DAY AND NATIONAL INDEPENDENCE DAY
30. NEED FOR
RESTRICTION OF JURISDICTION OF COURTS AND MAKING ONLY CONSTITUTIONAL MATTERS,
GOVERNMENT DISPUTES AND INTERSTATE DISPUTES BY THE SUPREME COURTS AND ALL OTHER
CASES THE MAXIMUM COURT IS THE HIGH COURT FULL BENCH.
31. NEED FOR
MODERNISATION OF COURTS WITH FULL COMPUTERISATION AND VIDEO CONFERENCE
FACILITIES AT THE COURTS AS WELL AS AT THE RESIDENCE OF THE JUDGES; MAKING IT
MANDATORY TO PRODUCE THE ACCUSED IN THE VIDEO CONFERENCE TO THE JUDGE WITHIN
ONE HOUR ON REACHING THE POLICE STATION (AMENDING THE PRESENT SYSTEM OF WITHIN
24 HOURS); NEED FOR REDUCTION OF TRANSPORT AND ESCORT OF THE ACCUSED TO THE
JUDGES AND THEN TO THE POLICE STATION/PRISON ETC THROUGH VIDEO CONFERENCE
FACILITY
32. NEED FOR REGULATION
OF RECRUITMENT OF THE JUDGES IN THE COURTS BASED ON THE SPECIALISATION IN THE
LAW FOR THE ENTRY COURTS AND ONLY ON SERVING AS JUDGE IN ANY LOWER COURT
ELIGIBLE FOR PROMOTION TO FOR THE HIGHER COURTS IN THE HIERARCHY ; WITH 80:20
RATIO I.E 80 % FOR THE PRIOR EXPERIENCE AS JUDGE AND 20 % AS DIRECT ENTRY ONLY
UP TO THE DISTRICT COURT, ALL HIGH COURT AND SUPREME COURT MANDATORILY ONLY ON
PROMOTION FROM DISTRICT COURTS
33. NEED FOR ALLOCATION
OF COURT (BENCHES OF JUDGE/ JUDGES) RANDOMLY ON COMPUTER JUMBLING; MAKING ON
LINE REGISTRATION OF CASES FACILITY;
34. NEED FOR ISSUE OF
BAIL FOR ALL THE ACCUSED IN PITY CASES AND NEED FOR ISSUE OF BAIL ON ALL CASES
OTHER THAN MURDER AND RAPE; NEED FOR USE
OF RAID TAG COLLARS FOR THE BAILED PEOPLE; MAKING DESTROYING/ TAMPERING RADIO
TAG AN OFFENCE; NEED FOR FIXING THE OUTER BOUNDARY OF MOVEMENTS OF THE ACCUSED
ON BAIL USING THE RADIO TAGS (BASED ON THE CASE TYPE RESTRICTING THEM TO HOUSE
OR COLONY OR VILLAGE OR MANDAL OR DISTRICT OR STATE ETC WITH TRACKING MOMENT OF
ACCUSED BY RADIO SIGNALS WITH SPECIAL PROVISIONS AT THE BUS STATIONS, RAILWAY
STATIONS AND AIR PORTS);
35. NEED FOR SETTING UP
OF SPECIAL CELL IN EVERY DISTRICT COURT AND HIGH COURTS FOR REGISTRATION OF SU
MOTTO CASES FOR ALL VIOLATIONS OF FUNDAMENTAL RIGHTS; NEED FOR SETTING UP OF
SPECIAL CELL FOR PIL’s
36. NEED FOR REGULATION
OF JUDICIAL ACTIVISM FOR MAINTAINING THE BALANCE AMONG THE THREE WINGS I.E
LEGISLATURE, EXECUTIVE AND JUDICIARY
37. NEED FOR
ESTABLISHMENT OF LEGAL CELL IN EVERY GOVERNMENT ORGANISATION, EVERY CORPORATE;
NEED FOR SCRAPPING OF EMPANELMENT OF LAWYERS IN THE GOVERNMENT AND PSU’S; ONE
GOVERNMENT LAWYER IN EACH SUBORDINATE COURT
38. NEED FOR
ESTABLISHMENTS OF HUMAN RIGHT COURTS FROM DISTRICT LEVEL; NEED FOR
ESTABLISHMENT OF LOKYUKTA COURTS FROM THE DISTRICT LEVEL; NEED FOR ESTABLISHMENT OF MORE FAST TRACK COURTS FOR
MATTERS OF URGENT IMPORTANCE AS WELL AS FOR LONG PENDING CASES
39. NEED FOR QUALITY
EDUCATION IN THE LAW AND SPECIALISATION OF SUBJECTS IN THE DEGREE COURSE IT
SELF ON VARIOUS SUBJECTS LIKE WHITE COLLAR CRIMES, COMPANY LAW, WOMEN &
CHILDREN, GOVERNMENT SERVICE MATTERS, CRIMINAL LAW WITH BIFURCATION ON MURDER
CASE, ROAD ACCIDENTS ETC; NEED FOR FREE LEGAL ADVICE TO ALL THE ACCUSED
IMMEDIATELY AFTER PRODUCED BEFORE THE COURT THROUGH THE INTER SHIP OF THE FRESH
LAW GRADUATES IN THE POLICE STATIONS
40. NEED FOR REGULATING
THE LAWYERS IN THE COUNTRY; FIXING STANDARD FEES FOR THE CASES AND ALSO
PROVIDING RECEIPT FOR ALL THE PAYMENTS RECEIVED; ALL THE PAYMENTS ABOVE Rs
1000/- SHOULD BE THROUGH BANK CHECK/ DD ONLY; NEED FOR MAKING IT MANDATORY FOR
RETURN OF 50 % OF THE FEES COLLECTED BY THE LAWYERS IN CASE OF LOSS OF THE CASE
TO THE CLIENTS
41. NEED FOR RATING/
GRADING OF THE LAWYERS BASED ON THE ARGUMENTS AND THE SUCCESS RATES IN THE
CASES; NEED FOR KEEPING THE CASES OF LAWYERS APPEARED AND ARGUMENTS MADE IN
EACH AND EVERY CASE ON DELIVERY OF JUDGEMENT FOR PUBLIC SCRUTINY; ALSO KNOW
ABOUT THE SUCCESS RATE OF THE LAWYERS FOR BRINGING ABSOLUTE TRANSPARENCY AND
JUSTICE TO THE VICTIMS APPROACHING THE LAWYERS; ALLOCATION OF PRACTICE TO THE
LAWYERS IN VARIOUS COURTS BASED ON THE SUCCESS RATE OF THE LAWYERS IN THE TOTAL
CASES; NEED FOR RESTRICTING THE LAWYERS BELONG TO THE IMMEDIATE FAMILY MEMBERS
OF ELECTED REPRESENTATIVES (MLA/MP) FROM REPRESENTING THE ECONOMIC OFFENCES,
CORPORATE CASES OR THE WHITE COLLAR OFFENCES OR PROPERTY CASES FOR ENSURING
ZERO SCOPE FOR BIASED JUDGEMENTS.
42. NEED FOR EDUCATION
OF CITIZENS ESPECIALLY THE CHILDREN, STUDENTS, THE WOMEN BOTH WORKING CLASS AND
NON WORKING CLASS, THE DOWN TRODDEN PARTICULARLY SC, ST ABOUT THE
CONSTITUTIONAL SAFE GUARDS AND THEIR RIGHTS;
43. NEED FOR
MAINTENANCE OF JUDGES RELIGIOUS HARMONY IN THE COURT AND IN THE PUBLIC LIFE;
MAKING IT MANDATORY THAT THE PRIVATE
VISITS OF THE JUDGES TO THE RELIGIOUS PLACES NOT AIRED/PRINTED IN THE MEDIA IN
ANY FORM
44. NEED FOR SEPARATE
PANEL DOCTORS BOTH FROM GOVERNMENT AND PRIVATE FOR REGULAR CHECK-UP FOR THE
UNDER TAILS IN THE POLICE CUSTODY AND THE PRISON INMATES; THE CHECK UP MADE IN
THE GOVERNMENT HOSPITAL AND MONITORED BY DIFFERENT GROUP OF DOCTORS RANDOMLY
PERIODICALLY
45. NEED FOR
MODERNISATION OF PRISONS AND FULL COMPUTERISATION AND CC CAMERAS IN THE PRISON
AT THE MULAKHAT AREAS, AT THE CELLS AT THE OPEN AREAS ETC ALONG WITH VIDEO
CONFERENCE FACILITY FOR THE UNDER TRAILS; NEED FOR INSTALLATION OF CELL PHONE
JAMMERS IN ALL THE PRISONS
46. NEED FOR
COUNSELLING OF THE PRISONERS; NEED FOR EQUAL TREATMENT OF ALL THE PRISONERS
EQUALLY COMPLETELY BANNING THE PROVISION OF SPECIAL TREATMENT FOR THE ELITE AND
UPPER ECHELONS OF THE SOCIETY WHICH IS NOTHING BUT EVEN COURTS EXHIBIT THE
DISCRIMINATION BASED ON THE INCOME STATUS OF THE INDIVIDUALS???
47. NEED FOR REGULATING
MEDIA IN CHASING THE ACCUSED FROM THE POLICE STATION TO THE PRISON TO THE
COURT; COMPLETE BAN OF AIRING THE OPINION / VOICES OF THE ACCUSED ONCE THE CASE
IS REGISTERED AND PRODUCED BEFORE THE COURT
48. NEED FOR ISSUE OF
GUIDELINES TO THE MEDIA ESPECIALLY THE ELECTRONIC MEDIA NOT TO CONDUCT THE
MEDIA TRAILS; NOT TO CONDUCT THE DEBATES OR AIR THE ISSUES OR VIEWS WITHOUT
DOING INVESTIGATIVE JOURNALISM AS MAJORITY OF THE PEOPLE POSSESS THE RESPECT
FOR MEDIA AND HAVE LOT OF HOPES ON MEDIA AFTER THE COURTS AS FAR AS GETTING THE
SOLVING THEIR ISSUES EITHER PERSONAL OR COMMUNITY AS A WHOLE.
49. NEED FOR COMPLETE
BAN OF AIRING IN THE MOVIES / TELEVISION SERIALS PROJECTING /SHOWING POLICE AS JOKERS AND ONLY
MOVIE HERO IS SUPREME AND HE CAN BEAT OR ABUSE THE POLICE OFFICIALS AND GET
SCOT FREE; CERTAINLY SEND WRONG MESSAGE TO THE SOCIETY ESPECIALLY TO THE YOUTH.
50. NEED FOR ENACTMENT
OF STRINGENT SPECIAL LAWS IN VARIOUS SECTORS IN THE LARGER INTEREST OF COMMON
GOOD LIKE PREVENTION OF FOOD ADULTERATION, PREVENTION OF SPURIOUS MEDICINE,
PREVENTION OF CORRUPTION IN THE IMPLEMENTATION OF WELFARE SCHEMES MEANT FOR
DOWNTRODDEN ESPECIALLY SC & ST AND WOMEN & CHILD WELFARE, PREVENTION OF
DISCHARGE OF UNTREATED INDUSTRIAL EFFLUENTS IN THE LAKES AND ON OPEN LANDS
CAUSING SERIOUS ENVIRONMENTAL POLLUTION ETC
51. NEED FOR CREATION
OF UNIFORM STANDARD FORMATS FOR DIFFERENT TYPES OF CONTRACT AGREEMENTS, WITH
UNIFORM CONTRACTUAL OBLIGATION OF SIMILAR JOBS, LIKE PROPERTY AGREEMENTS,
RENTAL AGREEMENTS, MORTGAGE AGREEMENTS, BANK LOAN AGREEMENTS, HIRE PURCHASE
AGREEMENTS, SERVICE CONTRACT AGREEMENTS, CONSTRUCTION CONTRACT AGREEMENTS,
SUPPLY CONTRACT AGREEMENTS, ETC ETC APPLICABLE BOTH BETWEEN ANY PARTIES BOTH
GOVERNMENT AS WELL AS PRIVATE FOR MINIMIZING THE SCOPE FOR LITIGATION.
52. NEED FOR REVIEW/ RE
THINKING ON THE AFSPA AND THE SALWA JUDUM; ALSO NEED FOR SCRAPPING OF CAPITAL
PUNISHMENT PROVISION FROM THE CONSTITUTION.
53. NEED FOR SPREAD OF
THE MESSAGE OF PEACE AND FOLLOW OF RULE OF LAW FOR ALL CITIZENS BY EDUCATING
FROM THE SCHOOL, COLLEGE, FROM VILLAGE LEVEL ONWARDS
54. NEED FOR FIXING THE
STRINGENT PUNISHMENTS FOR THE PERSONS IN GOVERNMENT BOTH BUREAUCRATS AS WELL AS ELECTED
REPRESENTATIVES(LAW ENACTING AND LAW
ENFORCING AGENCIES) FOR VIOLATION OF ANY BASIC LAWS OR FOR CORRUPT PRACTICES OR
FAVOURITISM OR BIAS WITH PUNISHMENTS DOUBLE TO THE CASE OF NORMAL PEOPLE IN
SUCH INCIDENCES
55. NEED FOR SOCIAL
JUSTICE AND SOCIAL EQUALITY IN THE POLITICAL SYSTEM AND ELECTORAL SYSTEM FOR
ENSURING BETTER SOCIETY AND FAIR JUDICIAL SYSTEM IN THE COUNTRY AS PARLIAMENT,
ASSEMBLY AND THE ZILA PARISHADS HAVE THE POWER TO FRAME LAWS FOR NATION STATE
AND DISTRICT; BUT UNFORTUNATELY MOST OF THE LAWS MADE TO THE CONSTITUTION ARE
VEILED BIASED TOWARDS THE ADVANTAGE OF THE UPPER ECHELONS OR A PARTICULAR
SECTION OF THE PEOPLE UNFORTUNATELY TO BECOME A MEMBER OF SUCH AUGUST HOUSES
THE MINIMUM ELIGIBILITY CRITERIA IS EITHER AN ELITE OR UPPER ECHELON OF THE
SOCIETY OR MOSTLY BELONG TO THE POWERFUL UPPER CASTES OR MOSTLY BELONG TO THE
DYNASTY HISTORY (EXCEPTIONAL TO PERSONS BELONG TO FREEDOM FIGHTERS FAMILY FOR
PROVIDING DUE RESPECT FOR THE FREEDOM FIGHTERS)???
56. CONCLUSION
1. INTRODUCTION
1.1.1.
As
we all knew from the Indian mythologies like “Bhagawat Geeta”, “Ramayana” etc,
our country is known for justice to all from those times; all these mythologies
certainly preach that all creatures in the universe are subjected to certain
laws; at the times the law of the nature, then the man made laws, the Varna
system, then the delivery of justice by the mighty and powerful like the elders
in the sect, than by the powerful people i.e. the rulers etc; the modern
justice system came to India through the different rulers, but most credit
should be given to the British rule in India, which made our country to possess the written
constitution about the do & not’s and the rights of the people, how to
protect the interest of the people in the system, to deliver justice to all in
a rational manner without any scope for bias and ambiguity in the process in
free and fair manner with checks and balances; in the modern India at the time
of Independence then government under the headship of Dr Baba Saheb B R
Ambedkar formulated a constitution of India which is a widely written
constitution in the world with extracts from over 9 countries; the most
elaborate constitution in the world for ensuring fair justice to all sections
of the people; but as and when the modernisation is happing the crime rate in
India is increasing and lack of appropriate modernisation in the law enforcing
agencies coupled with rampant corruption in the system, Even though judicial system
came to existence from 1950 onwards in the country lack of adequate judicial
system to handle the cares of crime as the judicial system is either modernised
nor enhanced proportionate to the crime rate; lack of appropriate mechanisms to
deal with different crimes many millions
are feeling that they state “denied justice” to them as “justice delayed is
justice denied” as it takes decades to deliver justice to the common man,
whereas justice to the mighty and powerful is being delivered at their will and
wish and according to their whims and fancies as they are no regulations on the
lawyers and the elite & powerful manages with their power both money power,
muscle power and political power leaving no scope for the some of the judges at
different levels especially at the lower court level to deliver injustice
judgements even though majority of the judges conscious does not permit to
delivery such judgements (with exception to very few black sheep’s who are
corrupt and provide judgements accordingly) as they deliver the judgements
based on the lack of proper evidence produced before them due the management
tactics of opponent parties; after all majority of the lawyers are only for their fee; but
thanks to the constitutional provisions that the appeal for justice in higher
courts in case of the petitioners feels injustice done to them in the lower
courts; but due to unprecedented delay in the system of justice due to lack of
fixed time frame for the delivery of the judgements, due to lack of restriction
on the number of adjournments, many innocent are got/getting victimised due to
the failure of the system of delivery of justice in time (even though there are
about 10 million cases are disposed out of total 14 million cases which are
being filed in the courts with a bare minimum of less than 1.5 % cases get
conviction). As such many people especially are attracted to alternative
justice system like “Khap Panchayats”, local goons, mafias, and Maoism etc for
speedy delivery of justice even though majority of the people who are
approaching these un constitutional/ illegal activities loosing majority of the
share in case of revenues, more crime, are still approaching them, completely
risking their lives by completely
ignoring the fact that these un constitutional justice systems which are
dangerous systems which are running parallel judiciary system completely
ruining the spirit of the constitution and peace of the nation and the real
constitutional rights of the citizens of the country can be achieved by
constitutional justice as was embedded in the Constitution of India. As such in
order to ensure faith in the Justice delivery system in the country there is an
urgent need for reforms in the “justice system” from the reforms in the law
enforcing agencies to the courts to the lawyers to the judges for speedy and
fair justice to all sections of the people.
2. NEED FOR CREATION
OF POLICE STATIONS IN THE COUNTRY FOR DEALING DIFFERENT CRIMES LIKE CRIME
AGAINST WOMEN & CHILDREN (DOWRY, DOMESTIC VIOLENCE, PROSTITUTION, CHILD
LABOUR ETC), CYBER CRIMES, CORPORATE CRIMES, CRIMES OF ROAD ACCIDENTS, ALL
MEDICO LEGAL CASES AND CRIMES OF CORRUPTION BOTH IN GOVERNMENT AND PRIVATE, ECONOMIC
OFFENCES PROPERTY DISPUTES, THEFT CASES, CRIMES OF MURDER ETC IN APPROPRIATE
NUMBER AS PER THE PERCENTAGE OF CRIMES; BUT MAKING IT MANDATORY TO REGISTER
CASE IN CASE OF ANY VICTIM APPROACHES AND TRANSFER THE CASE TO THE APPROPRIATE
AUTHORITY
2.1.1.
It is a universal fundamental principle that for any
efficient and effective functioning of the judicial system the strong
supporting system of law enforcement system is necessary for production of appropriate
necessary supporting evidence for devilry of justice, it is something similar
that for a strong building a strong foundation is necessary; in order to create
the necessary strong supporting system of the law enforcement agencies
especially the police plays a vital role; in the country there about 15000
police stations spread across all states and union territories with total
number of police over 21.5 lakhs of which the civil police were over 17 lakhs
and the armed police (ASI assistant sub inspector and above) are over 4.5 lakhs
with women police barely over 60 thousand; but the
total number of civil police per lakh of population, the total police per lack
of population, the civil police per 100 sq km area, and the total police per
100 sq km area is not crossed even the sanctioned as per the government it is
only 70% to 80 % of the total sanctioned;
since there exists a huge gap in the total required police and the crime rate which is on the rise and also
lack of speciality training for the police and using the police mostly for security
/ bandobast duties and for the rallies and private functions of the so called
elite etc; as such what is require the specialised police in different areas of
justice system for different crimes like crime against women & children
(dowry, domestic violence, prostitution, child labour etc), cyber crimes,
corporate crimes, crimes of road accents, all medico legal cases and crimes of
corruption both in government and private, economic offences, property
disputes, theft cases, crimes of murder etc; Since the police at the grassroots
i.e. the police stations the sub inspectors are not trained in all the areas
and does not certainly possess the expert knowledge due to their educational
back ground as well as their dealing of all types of cases; also some of them
are promoted from the constable to the sub inspector level etc and also due to
modern methods/ techniques using technology are constraints for police for
understanding the case fully and gather fully information (most of such
category of police think that only
abusing stangs, beating and using third degree on the accused will provide the
required information/evidence is totally violation of human rights as well as complete ignorance on
the part of such police who are un fit to perform the duties as police as they
are not only violating the basic constitutional laws but also indirectly
contributing to the pronouncement of false judgement because of in ability to
supply proper evidence to the court, are also causes delay in judgements for
lack of timely supply of evidences due to in conclusive investigation); as such
in order to strengthen the judiciary it is necessary that the law enforcement
agencies especially the police force should be strengthened; which is possible
only through creation of special police stations in appropriate numbers (as per the percentage of cases in different
sections) dealing with specific cases as
mentioned above in all the mandals/ divisions based on the previous crime data;
all the officials working in those kind of special police stations should be
trained in the matters related to investigation, the laws, the methods of
investigation, the previous case studies etc of those specific areas should be thought;
also hence forth while making recruitment for the police should be based on the
education qualifications which suits the specific departments like forensic
graduation for all wish to work for the speciality police for the serious
crimes like rape, murder etc; the commerce graduates with account back ground
for all the economic crimes., the BCA/MCA for all the cyber crimes, etc this
method will certainly improve the function of all the police and law
enforcement system, thus the efficient and effective justice delivery system; also
it should be made mandatory that all the police stations should register any
case as and when the victims approaches, but the case should be
transferred online instantly along with
transfer of copies of the case primaface evidences if any submitted by the
victims to the concerned crime dealing
police station.
3. NEED FOR CREATION
OF PERMANENT POLICE OUT POSTS (MINI POLICE STATIONS WITH PERMANENT STRUCTURES
AND OFFICE INFRASTRUCTURE ) IN ALL THE SLUMS, ALL THE MARKET AREAS; ALL THE
IMPORTANT TOURIST DESTINATIONS; ALL IMPORTANT PILGRIMAGE PLACES; ALL BUS
STATIONS; ALL RAIL STATIONS; ALL AIR PORTS; ALL SEA PORTS; ALL MAJOR DISTRICT
GOVERNMENT HOSPITALS AND MAJOR PRIVATE HOSPITALS; ALL THE ENTRANCE AND EXIT OF
THE DISTRICT, STATE BORDERS WORKING 24/7 WITH BOTH CIVIL AND ARMED POLICE IN
APPROPRIATE NUMBERS WITH JOINT CONTRIBUTION FROM COMMERCIAL GROUPS AND MP/MLA
DEVELOPMENT FUND AND FROM GOVERNMENT
3.1.1.
In
order to reduce the crime rate and also better safety and security for the
people it is necessary that the government must ensure that all the places
where maximum people either live or maximum movement of the people happens
daily such as places of all slums, all the market places, all the important
tourist & pilgrimage places, all bus stations, railway stations and air
ports and seaports and all major hospitals both in the government and private
hospitals and all the district and state boards entrance and exit places should
be created a permanent building (readymade pre fabricated buildings which are
low cost less than Rs 2 lacks for 300 Sq feet can be built in less than 15 days
with concrete and steel panels which has a life span of over 35 years which has
the same strength and properties as normal building as mentioned in my document “shelter for all”), all the permanent
constructions and infrastructure can be made from the joint contribution of the
business establishments association, market committee associations, concerned transport departments like road transport,
railways, the civil aviation authority, the piligmerage trust boards, the
tourism boards and in all the slums with
the help of MP/MLA development fund, also the operation cost should be bared by
the government only , this method will certainly reduce the capital expenditure
on the part of the government and this out posts can be built and start
operations in less than one month from the day it was notified to do so
throughout the country; this method will certainly reduce the crime rate
drastically and also useful in nabbing the criminals and also useful for
intelligence gathering and also useful in investigation as they are in touch
with the locals daily, also useful in all accident and medical attention cases
to some extent; also useful in ensuring
the under trail & convicted prisoners security at the hospitals etc. As
such government must urgently establish the permanent police out posts in the
above mentioned locations; also the police should comprise of civil and armed
police and all police trained in inelegance gathering and at least 30 % of the
police are women with at least one senior experienced person both men and women
police for counselling in slum areas;
also all the police should be provided with latest 3G mobile phones and
wireless communication within the main
police station where they report to; all these will certainly lead to
establishment of better police ensuring reduction of crime rate and reduction
of court cases.
4. NEED FOR SETTING UP
OF A NATIONAL TOLL FREE CALL CENTRE (ALL NATIONAL LANGUAGES & SOME
IMPORTANT INTERNATIONAL LANGUAGES) FOR ADVISING
ON THE LAW & JUSTICE SYSTEM
4.1.1.
In
order to assist the people for better guidance of the people regarding the
registration of cases it will be more ideal and appropriate to establish a
common call centre with toll free number throughout the country; the call
centre should have trained people in all the languages in the country and also
the major international languages as per the visit of the tourists in the
country; this measure will ensure better communication and guidance for the
appropriate police station and registration of the FIR and also for speedy
expedition of the cases. Also the call centre can be used for guiding /
providing preliminary advice on the possible legal course for delivering
justice in different cases; these callers should work 24/7 throughout the year.
These toll free numbers should operate from any mobile or land phone
irrespective of service provider; also in addition to the call centre there
should be social media assistance like assistance on “twitter”, “face book” as
well as through internet e-mail.; also the toll free number should act as
emergency number for police assistances at places where the people are victims
of any kind of crime and unable to reach any nearby police station due to any
reason, the police should respond immediately and attend such people based on
the phone number both land/ mobile phone address/signal and also the
identification /clues given by the victims. This method will certainly useful
for all the domestic violence, dowry harassment, bonded labour, child labour,
forced prostitution, kidnapped cases etc thus ensuring not only providing
relief to the victims but also the criminals are punished.
5. NEED FOR SETTING UP
OF TRAINING FOR THE POLICE OFFICIALS ON THE VARIOUS SUBJECTS AS PER THE
DIVISION OF THE POLICE STATIONS
5.1.1.
As mentioned above it is necessary that the police
stations should be established based on the nature of crime; also the recruitment
of the police officials based on the need for speciality education, in addition
it is necessary that all the police officials should be provided training on
general subjects periodically and specific training for the specific
departments in the police on the cases, the methods of gathering information,
the methods of establishing crime, etc without using any force or stangs or
slender language, by using psychological, by preparing the questioning of the
accused and technology alone. These speciality training will certainly lead to better
gathering of the evidences in quicker time and establishment of crime in
quicker time for delivering quicker judgements; also need to provide the period
interactive sessions of various district police/ police of various states of
that particular department for sharing the methods and experiences; also need
to keep periodic interactive secessions among various other departments in the
district which will certainly keep the police acquire knowledge and better
understating of the system and he useful in better identification/investigation
of the cases in a quicker times and possibility of speedy trails.
6. NEED FOR
MODERNISATION OF ALL POLICE STATIONS AND ALL POLICE RECORDS SHOULD BE
COMPUTERISED AND DATA INTEGRATION AT NATIONAL LEVEL, THROUGH THE CRIME AND
CRIMINAL TRACKING NETWORK SYSTEM (CCTNS) PROJECT OF GOVERNMENT OF INDIA INSTALLATION OF CC CAMERAS IN ALL THE POLICE
STATIONS AT THE ENTRANCE AND AT THE OFFICIALS ROOMS AND IN THE LOCKUP AREA
6.1.1.
It
is the very necessary that in order to control the crime the first and foremost
thing is to modernize all the police stations with total computerisation of the
police records in a uniform pattern throughout the country the Crime
and Criminal Tracking Network Systems (CCTNS) Project of
GOI which was has been aimed at computerization of nearly 15015 Police Stations
and about 7000 Higher offices including Circles, Districts, Sub-divisions,
State Headquarters, etc. throughout the country have been proposed to be
automated.; in addition also
needed is establishment of CC Cameras at the entrance of the police station, at
the working place of the officials, at the lock up and all the visuals 24/7
should be online with the district headquarters and the state headquarters
offices and the records should be kept for at least 180 days; these visuals
should be monitored at the district office for ensuring no excess use of force
or use of stangs and filthy language on the accused or beating and using of
third degree methods in the police stations and no un authorised detention/lock
up of the accused, timely production of the accused before the courts, and also
timely act of registration of the cases and counselling of the victims in cases
like pity domestic violence’s or divorces etc; also makes the police attend to
the duties in time, also makes the police vigilant and alert all the time while
on duty (no absence in the duty or no sleep/ extra activities while on duty),
all these lead to the better policing system in the county thus reducing the crime rate and speedy investigation and
quicker trails.; Also this method of CC cameras will certainly eliminate
corruption in the police to a great extent as it marginalisation of scope due
to the transparency, also reduces the middlemen for the police officials
stationing in the police stations for negotiations or obliterations without
registering the case or for the compromise for out of court settlement by
providing illegitimate acts for extortion of money from both parties.
7. NEED FOR
INSTALLATION OF GPRS SYSTEM ON ALL THE VEHICLES USED BY THE POLICE IN THE
COUNTRY FOR TRACKING THE MOVEMENTS OF THE POLICE PERSONAL FOR ENSURING
ENHANCEMENT OF EFFICIENCY IN DAY TO DAY WORK AND PREVENTING MIS USE OF VEHICLES
FOR NON POLICE WORK AND PERSONAL WORK; ALSO NEED FOR RANDOM TIMING OF DAILY
POLICE PATROLLING BY POLICE IN THE NIGHT IN ALL THE RESIDENTIAL, BUSINESS
AREAS; MAKING MANDATORY THAT POLICE OFFICIALS USE THE OFFICIAL MOBILE PHONE
SUPPLIED BY THE GOVERNMENT; THE PERSONAL MOBILE SHOULD BE PERMITTED TO HAVE
THE INCOMING & OUT GOING CALLS OF THE
NUMBERS WHICH ARE PRE REQUESTED BY THE CONCERNED OFFICIALS
7.1.1.
Also
the most important thing is providing
vehicles two wheelers for all the police personal on the field duty, also the
four wheelers (4x4 wheel drive jeeps) for the sub inspector rank offices
onwards with all vehicles which provide highest millage and fixing the minimum
millage and providing the fuel based on the actual movement; all the vehicles
should be strictly meant for the official purpose only and not for the personal
use or family use and all the movement of the vehicles should be recorded with
cases and the progress in the case should be recorded (the case dairies and day
dairies should be written every and should be submitted to the district officials
next day morning) and correlation of the information is done by higher
officials, this will certainly improve the system of policing. Also it should
be made mandatory that the police will have police patrolling from the police
out posts and police stations using the operational research to minimize the
transport lengths and optimal use of the fuel also the the police petrol should
be on random timing every day and also the police personal going for the
patrolling duty should be changed ever week (the random timing should certainly keep the criminals clueless to
guess the time of police, also the movement of police should be closely
monitored through the GPRS of the vehicles in the concerned police stations as
well as in the district); also should it should be made mandatory that all the
police officials should be provided with a mobile post paid connection in (CUG)
caller user group and also restricting the use of personal mobile phone and
mandatory to reveal the number of the personal mobile phone and the mobile
phone numbers of the family members and restrict the use of mobile incoming
& out going on the personal mobile phone only to the specified numbers of
family, friends and relatives. And a land phone with incoming & out going
recoded and explained every month about the nature of relationship of the
caller on the personal and mobile as well as the land phone. The above method
will certainly reduce the corruption of the police to a great extent as
communication is being monitored.
8. NEED FOR MANDATORY
INSTALLATION OF CC CAMERAS IN ALL THE TRAFFIC ISLANDS AND ALL THE MAJOR PUBLIC
PLACES IN THE CITY/TOWN AND CONTINUOUS MONITORING OF THE CC TV FOOTAGES
8.1.1.
Since
the identification of the movement of vehicles is crucial in majority of the
crimes when reported instantly and also to ensure that all the citizens obey
and follow the traffic rules government should make stringent traffic rules
with heavy fine for violation and installation of high resolution CC Cameras in
all the traffic islands and at strategic locations and centralised monitoring
of the traffic movement and immediate response in case of any ascendants
without wasting even a minute to repose to the accent situation by ensuring
quick medical first aid reaches them, also levy of fines for traffic violations
with double the fine of normal citizens for the vehicle belong to the or
travelling by the people in responsible positions like all the elected
representatives, all the government officials, all the people in judiciary.
Also making it mandatory that the vehicle registration should be up dated along
with the mobile and land phones in use currently along with bank account
details (which are used for day to day transactions) of the vehicle owner, also
the address up date as per the current stay should be made mandatory, also
needed is random checks of the vehicles by the traffic police, in case of any
discrepancy or non up date or wrong disclosure should lead to the suspension or
dismiss of the vehicle registration as well as driving licence, also police
should make it mandatory that all the vehicles are of clear glass/ semi
transparent glass (complete ban on curtains/ dark glass) and mandatory use of
(fixed lumincent/fixed wattage) light inside the vehicle cabin to ensure the partial
visibility of the inside passengers in the night (without any disturbance to
the driver) this will certainly ensure that
no un wanted things and criminal activities takes place or will
certainly reduce the movement of criminals; also as mentioned in my earlier
document “suggestions for controlling corruption and delivering good governance
... in the transport sector reforms issue of electronic chip based driving
licence card and the electronic chip based vehicle registration card in
addition to the establishment of central petro fuels network authority (CPFNA)
for monitoring the issue of fuels based on the authentication of the
registration validity of the vehicle and validity of the driver for driver
licence, also the central toll tax authority (CTTA) for monitoring the passage
of vehicles through different routes of districts and states to enable to nab
the criminals. All the above methods will certainly prevent the moment/ escape
of the criminals and will certainly reduce the criminal activity in the
country.
9. NEED FOR MAKING
MANDATORY THAT ALL TRAVEL DATA OF THE PEOPLE MONITORED BY THE POLICE BY MAKING
IT MANDATORY THAT ALL MODES OF PUBLIC TRANSPORT LIKE PRIVATE TAXIES, THE RAIL,
THE AIR LINES MAKING MANDATORY TO COLLECT THE DATA OF THE PASSENGERS THROUGH
THEIR IDENTIFICATION AND MAKING IT ONLINE TO THE POLICE COMPUTER SYSTEM; WITH
STRINGENT SYSTEM OF MONITORING & ACCESS OF SUCH DATA ONLY BASED ON THE
CRIME RECORDS
9.1.1.
Since
the road transport is monitored closely there is every scope that the criminals
uses the alternative mode of transport i.e the rail and air travel, in order to
monitor the rail and air travel as suggested in my documents on “railway
reforms” and “civil aviation sector reforms” government must make it mandatory
mention of the ID card number of the traveller (like Voter Id, Pass port, PAN
card or Driving licence) which is verified online for authenticity of the
passenger along with the current used personal phone number of the each
passenger is mandatory for the issue of the ticket, all the data of the travellers
should accessible to the police, (creation of central criminal identification
authority CCIA); the police in the CCIA should have the online data of the
criminals and the data integration of the travellers of the rail and air should
be integrated to gather only the information pertaining to the criminals in the
FIR of all states as was mentioned in the CCTNA ; also the government must make
it mandatory that all the public transport vehicles like cars, vans and buses
should mandatorily take the details of the travellers and before booking the
vehicle / ticket much similar to the rail / air ticket booking and also with a
facility for the travel cars to use the SMS facility to send it to the
authorities regarding the vehicle hirers for all local as well as inter
district or interstate travel; the above methods will completely restrict the
movement of the criminals; in addition the government must make it mandatory
that one individual citizen can carry a maximum of three mobile numbers of any
choice operators by ensuring that all the mobile operators re-verify their sim cards
for address proof accuracy will certainly useful uin the identification of the
criminals, in addition of providing the SIM cards for the foreign travellers on
arrival to the country at the air port customs check only and restrict them to
hold any other mobile SIM of any operator in India or the mobile phone of their
country, with call diversion facility
for all the incoming calls of their country mobile phones to the Indian
government issued mobile sim numbers will certainly restrict the communication
links of the criminals and useful in establishing the crime.
10. NEED FOR CREATION
OF CENTRAL CRIMINAL IDENTIFICATION AUTHORITY (CCIA) FOR UP LOADING THE
INFORMATION OF ALL THE CRIME RECORDS AND DATA UP DATE OF THE CRIMINALS MOVEMENT
AND BASED ON THE FIR’S FROM ALL THE STATE POLICE FOR THE LOOK OUT OF THE
CRIMINALS AS WAS MENTIONED IN THE CCTNA
10.1.1.
Since
travel and communication are primary needs of any individuals especially the
criminals to temporarily escape from the law for certain period, if these two
areas are monitored effectively and appropriately the police can nab the
criminals with less time and ensure the establishment of the crime in shorter
periods and quicker delivery of judgements by the courts. But the criminals are
either moved or moving from different places after the committal of crime; in
order to track their moment which is possible through the road transport, rail
transport and air transport data of the passengers, but all India data
accessibility by all the districts and all the states will lead to creation
other issues; as such it will be more ideal and appropriate that government
establish an authority for integration of all data of the FIR’s of all states
online (CCTNA data) and also the data of
the criminals accused, this authority i.e central criminal information
authority (CCIA) will possess the data of the criminals according to the FIR
information and only people working in this authority at higher levels have the
integrated data of the road, rail and air travellers data to get from the
system regarding the moment of the criminals and alert the state/district
authorities to act immediately in nabbing the criminals at appropriate location
points may be at the toll gates, or the at the railway stations or in the rails
by the RPF police or at the air port by the CISF, and hand over them to the
concerned state police. This measure will certainly eliminate the favouritism,
nepotism and bias in handling/nabbing the criminals by various state police ,
as one the FIR is registered they need to be arrested and produced before the
court and based on the court direction to release the accused on bail or sent
to the jail and all data up loaded to the system immediately on real time also
since the CC cameras are installed in every police station, it will the
mandatory obligation on the part of the police to register the cases andno
register of the cases only on certain matters where the counselling is required
and all such counselling are under the camera, ???? as such these methods will
certainly prevent the crime rate as people are of the fear they cannot escape
from the clutches of the law,; In addition the government must ensure as
suggested in my “railway reforms” for providing police belong to different
states with different local languages in every coach of the train to identify
the suspicious candidates and question in the local language of the suspicious
travellers. All the above methods will certainly reduce the crime create and quicker
delivery of judgements by the courts.
11. NEED FOR TRAINING OF
POLICE ON SOCIAL SYSTEM; NEED FOR MODERNISATION OF POLICE STATIONS; NEED FOR RECRUITING
OF POLICE IN APPROPRIATE NUMBER AND PROVIDE TRAINING FOR THEM ON MODERN COMMUNICATION
SYSTEMS AND METHODS OF IDENTIFICATION OF CRIME ETC; NEED FOR MAINTAINING
UNIFORMITY OF SYSTEM /DESIGN/APPROACH IN
ALL POLICE STATIONS, CREATE A PEOPLE FRIENDLY APPROACH.
11.1.1.
Since
police need to play a vital role in establishing the law and order it is very
necessary that they are well trained about the social systems, customs and
practices of the locals and also to conduct every week in one mandal or block
about the social camps by the police to ensure friendly approach to the people is
established and create a conductive atmosphere between the police and the
locals in the area; also government must strictly maintain the ratio of police
per population in the police stations in the cities, towns and rural areas and
also to limit the geographical territorial jurisdiction of each police station
and strategically locate the police stations and all the police stations have
uniform design as far as possible and also to ensure all the police stations
have the own buildings, all the police stations are in corporate appearance and
functions, all police stations have the sufficient parking space and all the
buildings of the police stations are green buildings and all the police
stations possess the compound walls with solar fencings; in addition making all
the police stations are more friendly and relaxed atmosphere by playing the
light traditional music as per the location (as in the case of worship places);
all the visitors are offered with fresh clan drinking water, provide the
coupons with serial numbers to get the access to the sub -inspector or inspector, all the police
stations provided with computers, printers with scanners and mini photocopy
machines for taking the photo copy of the documentary evidence brought by the
victims or complainants and keep the physical record and also to scan and
immediately up load to the computer data base of the police information data
base; advise the victims in the domestic violence or dowry harassment cases for
offering the counselling facility free of cost, all the attempt to suicide
cases the counselling by the religious experts and psychology experts etc, and
registration of the case immediately and transfer the case to the appropriate
police station in case the FIR does not fall under their jurisdiction
irrespective of geographical location or the nature of the dealing of the case.
(this method will certainly eliminate the influence of the local political or
elite pressures on the police for not registering the case in the local area,
also this facility will allow registration of case from any part of the country
as the crime may happen on the people who are migrated to a different place
from the native place and may not report to the police in the area of working
for the fear of no local support or for lack of communication etc will certainly
useful for many people to obtain justice to them); also all the police should
be provided training in using all the modern communication devices and also use
of the computer etc (as a part of the CCTNA over 2 lack police personal are
going to get computer training- but in future almost all the police should be
able to possess basic computer knowledge) for better communication. Also all
the police should be trained on basic forensic science and methods of
application of basic forensic science techniques to collect the data and
preserve the data for forensic examination without any scope for destruction of
evidence while gathering the evidence.
12. NEED FOR
INSTALLATION OF THE VIDEO CONFERENCE FACILITY IN ALL THE POLICE STATIONS; FOR
BETTER COMMUNICATION AMONG THE HIERARCHY, FOR PRODUCING THE ACCUSED TO THE
COURT
12.1.1.
Before
government of India taking the broad band services of the internet to all the
nook and corner of the country it is very ideal and necessary that all the
police stations in the country are provided with high speed broad band internet
facility (as part of the CCTNA programme) ; in addition to the establishment of
the video conference facility for all the police stations with all the courts
as well as the judges residences and the mobile phones of the judges; also all
the police stations where ever there is difficult in providing the video
conference facility should be provided with 3G enabled latest high resolution camera
mobile phones or tablet PC with 3G connections for establishing the video conference
with the judges and the officials in the
police department in the hierarchy; also it should be ideal to make it
mandatory that all the police persons and the judges should be provided with
with same company high end high resolution camera mobile phones with 3G sim
connection and certainly with sim lock facility and a making it a criminal
offence to change the sim to other phone
or give the government supplied phone to the kin & kith; with within
3 hours of replacement facility in case of phone in case of any fault in order to ensure that communication is not disturbed;
the VC facility is necessary as the government should make it mandatory that
all the accused people should be produced within one hour to ensure prevention
of police excess/ un authorised detention and also to reduce the load on the
police to keep the criminal and to eliminate all sorts of pressures from within
the hierarchy or from the political side and also to avoid the security
measures for transporting the accused to the court for producing before the
court, and also the police should be well trained and prepared on the case
before the nabbing of the criminal or accused, also for the safety and security
of the accused and also reduction in the manpower and transport costs to the
police.
13. NEED FOR PREVENTION
OF CORRUPTION IN THE LAW ENFORCEMENT AGENCIES BY ADOPTING THE N-E-W-S TRANSFER
POLICY TO ALL THE POLICE OFFICIALS; NEED FOR PROVIDING APPROPRIATE NECESSARY
REST PERIODS AND INCENTIVES
13.1.1.
As
mentioned in my document “needed reforms for controlling corruption and
delivering good governance....regarding the police sector reforms, it will be
more ideal and appropriate that all the police persons from the constable to
the commissioner should not be allowed to continue in a single location for
more than two years, for the police less than the ASP or all class two officers
in the police, the district should be divided as per the directions i.e north,
east, west and south ( N-E–W-S) as per the geographical locations on the police
stations irrespective of the nature of the duty and all the police persons
working in one station should be transferred to the other station far away from
that working place, (if working in the north of the district to be posted to
the south of the district and so on..) similarly the all the class two and
class one officials inter district, after 8 years of service all the police
should be shifted from the district to other district and similarly all the
class two and class one officers to either the central government or other
government departments or other sates if the language permits them to go to
other states. This method will certainly help in reduction of corruption due to
the reduction in establishment of contact with the local leaders or local
elite. Also all the police should be provided strictly 8 hours working duty by
recruiting the police in adequate number to work in three shifts wherever
required. This will certainly improve the efficiency of the policing system.
14. NEED FOR COMPLETE
BAN OF FREE SECURITY FOR THE POLITICAL LEADERS VERY EXCEPTIONAL TO THE
CONSTITUTIONAL AUTHORITIES (NO TO ALL THE ELECTED REPRESENTATIVES) ; LEVY OF
HIGH FEES FOR THE SECURITY ARRANGEMENTS FOR VARIOUS FUNCTIONS OF ELITE LIKE
WEDDINGS, BIRTHDAY PARTIES; OPENING AND CLOSING CEREMONIES OF THE PRIVATE
EVENTS ATTENDED BY THE PEOPLE IN THE GOVERNMENT AND THE CELEBRITIES; NEED FOR
RESTRICTION OF PRIVATE FUNCTION ATTENDANCE OF THE PEOPLE PROVIDED WITH FREE
GOVERNMENT SECURITY; NEED FOR SEPARATE POLICE FOR SERVING THE SO CALLED VVIP/VIP
MOMENTS AND BANDOBAST ARRANGEMENT; NEED FOR BAN ON ORDERLY SYSTEM IN THE POLICE
DEPARTMENT
14.1.1.
It
is indeed really a criminal act on the part of the upper echelons of the
society, the political class and the so called celebrity class that the public
exchequers money obtained through collection of hard earned money in the form
of various taxes from millions of people (the tax contribution of the so called
the above class is very marginal compared to the overall tax collection) is
being paid to the police with the intension of protection of the people, but
most unfortunately majority of the police in the cities and in some instances
in the rural areas are being used for personal family functions of the
politicians, the so called VVIP’s, VIPS’s (just because they possess money
whether earned legitimately or illegitimately having the political clout or
need to establish the public relations by inviting the political class and the
bureaucratic class or the so called celebrities, at the same time the political
class attending the functions of such elite because either the invitees are contributors to the party fund or personal
election fund or they are having some hold in the caste lobbies for votes or
they have business or other money matter interests with such elite in that
region); it is indeed that who come a political leaders in the ruling
government attend the functions (birth day or marriage or opening ceremony of
private business establishments etc) of XYZ of the elite even though they not
belong to the ruling party or any political party or may be some distant
relative of the ruling party or local leader of the party, the entire police
machinery of the district is at the service of such functions as the ruling
party leaders in the government from the CM to ministers to MP/MLA’s are
attending or the opening of some
commercial establishment of some elite attended by a celebrity????; why not
government make it mandatory the ministers and the government officials in the
police and judiciary barring from attending the functions unless they are
sponsored by state or only the functions of the people working in their office
or their colleges in the assembly or parliament
(certainly not for the kin & kith functions of the relatives of the
MP/MLA/ college/ business people only their legitimate son/daughter function or
direct function of the sitting MP/MLA
should be allowed; or all other
functions they can attend as a private individual by leaving even the gun men
& security at the home); also government must put gag orders on the private
establishments not to call for the celebrities for the opening ceremonies
causing heavy security and traffic problems in the area; only way to allow such
functions opening or closing ceremony of the private individuals is to charge Rs
1000/- per the head of the crowd gathered in that area of around one Km radius
(minim charge for 1000 and in slabs of 1000) along with a fee of Rs 10,000 per
one single police person and the number of police persons should be determined
by the police (minimum 100 police), all these payments well in advance paid to
the police; all the functions needs police permission in advance and the police
should give maximum of 6 hours of total time of protection only; also all the
functions of the elite and the political leaders should be charged Rs 5000 per
guests (minimum 100 guests charge ) invited/ attended and also Rs 25,000 per
police with minim number of police of 100 per 1000 guests attended; also
government must provide special cell in every district for providing security
from the police comprising of police who are not having enough talent or not
maintain the body fitness not who cannot perform the field duties should be
sent to this special service department; also all the home guards should be
utilised for this purpose of providing security for the functions; also
strictly banning the security/ gun men/ armed police provided by the government
for the elected representatives and senior bureaucrats to barred from attending
the functions along with elected representatives; in case the elected
representatives mis uses the security provided by the government must immediately
withdrawal of the security for breaching the norms. All these measures will
certainly make the police to have more time in the criminal investigation
rather than the service to the elite and political leaders. Also government
strictly ban the orderly system in the police and use of police for the house
hold purposes by the senior officials, the violation should be a non bail able
offence with suspension from the service with demotion in the rank (otherwise
even from the rank of the Sub inspector the police personal are being used as a
free servants for cooking, washing, cleaning, assisting the wives of the police
officials in the shopping, at the pickup & drop of the kids of the senior
officials etc which is very condemnable)
15. NEED FOR REGULATION
OF POLITICAL PROCESSIONS AND IMPOSITION OF STRINGENT RESTRICTIONS AS THE POLICE
MACHINERY IS BEING WASTING THE POTENTIAL TIME ON THE SECURITY ARRANGEMENTS; IN
ADDITION WASTE OF LOT OF MAN HOURS FOR THE PRIVATE INDIVIDUALS IN THE TRAFFIC
JAMS; LOT OF ENVIRONMENTAL POLLUTION BESIDE WASTEFUL EXPENDITURE ON THE FUEL OF
THE VEHICLE.
15.1.1.
Also
it is very unfortunate that the police is being used for the security duty on
the streets on almost every alternative day in almost all the cities and states
as every day by some political party or some NGO or some caste / religious
organisations on some or the other issues without any concrete purpose just to stay in the lime light through the
media attention; due this non productive, non achievable purpose julus and
possessions wasting the precious time of
the police as well as the precious time of the people, the waste of several
thousands of man hours of the employees
due to the traffic jams and also waste of several millions of Rupees of fuel of
the individuals, also crating substantial environment pollution due to the long
traffic jams and also certainly a trouble for the people in the emergencies
etc; as such the government must fix a maximum number of darnas per year by any
section of the people with first preference to the registered political
parties; and the darna permits based on
the lottery system; also government must collect the fee from all the people /
political parties / NGO’s who wish to perform the possessions on the
streets; the fee collected should be
assessed on the number of the police personal on the duty and also the waste of
man hours and the traffic pollution emission etc this will certainly reduce the nucance value
on the roads; also the same should be applied to the political meetings on the
grounds as well as on the sports events especially the cricket events. All this
method will certainly lead to discipline in the people and also the police personal
can be better utilised for keeping the law and order and also in establishing
the cases and speedy disposal of the cases by the courts with fair judgements.
16. NEED FOR SEPARATE
POLICE FOR THE INVESTIGATION AND INTELLIGENCE GATHERING IN ADEQUATE NUMBER;
NEED FOR SETTING UP OF SPECIAL INVESTIGATION POLICE WITH MULTI DIMENSIONAL
INVESTIGATIVE TALENTS
16.1.1.
Since
there is an acute need for intelligence gathering on various issues the
government must recruit the police in adequate number and train the people in
the intelligence gathering; as country is certainly lacking proper intelligence
gathering; also need is to separate investigation specialists who are like
special commandos for protection are experts in the investigation in dealing
with all types of crimes and these specialist services are used for cases of
national, state importance; Also government must constitute special
investigation police force like the NSG police, with through investigation
knowledge and experience in almost all subjects of crime for quick and rapid
investigation with at most accuracy, the SIP should have adequate number of
people in almost every district/city, (most ideal at least 5% of the total
armed police in the district); this SIP can be used on cases of state and
national importance and also based on the direction of the courts in case
courts feel that regular police investigation is not able to live up the
expectations. This SIP will certainly useful in cracking majority of the cases
thus useful in speedy trail.
17. NEED FOR CREATION
OF RELIGIOUS POLICE TO DEAL WITH RELIGIOUS MATTERS; SECURITY ARRANGEMENTS NEAR
THE RELIGIOUS PLACES
17.1.1.
It
will be necessary and ideal that government must establish religious police
stations in the vicinity of the pilgrim places for controlling the law and
order and also the religious police should be utilised for security
arrangements for the religious establishments in the religious institutions and
the cases dealing with priestly class for taking into custody or producing
before the court or interrogating the accused priestly class. The religious
police should be established comprising of particular religion of the religious
institution or the worship place; and all religious police stations one in each
district to deal with such religious cases should comprise of police people
from all the religion to deal with religious possessions, religious matters with
religious and communal harmony establishment.
18. NEED FOR CREATION
OF COASTAL MARINE POLICE NEAR THE LAKES, RIVERS AND SEAS & OCEANS
18.1.1.
Since
India has the long cost line and also majority of the states have either rivers
or lakes having lot of habitations in and around the seas, rivers and lakes and
crimes are happening and it is the easy way escaping for the criminals; in
order to prevent such instances government and also prevention of infiltration
of criminals to the country /state government must establish marine/lake police
who are trained in all marine related activities like using speed boats,
swimming, deep sea swimming etc ; all the marine or lake police should be
provided with speed boats and high powered binoculars and also the high power high resolution
surveillance cameras; and also the GPRS based tracking systems; all the ships /
boats used for fishing should be made mandatorily get registered with
government and are fixed with the GPRS based location identification devices
fitted to each boats/ ships; all the people in the boats/ ship should be
provided with identification card by the concerned state government/ GOI, in
case the boat/ ships missed are out of the radar of the GPRS system them the
marine / lake police should in association with coast guard and naval forces will try to identify
and locate the missed boat and the people missed; also the lake police/ marine
police will keep the surveillance to prevent the accedent cases or suicide
attempt cases and recues the people; also the marine or lake police should be
used in the floods and other natural calamities for rescue operations etc. Also
all the marine or lake police should be not only guarding the state/ nation
from infiltration and also prevent the escape of the criminals by sea / river/
lake route but also help individuals in emergency situations arisen due to
natural calamities.
19. NEED FOR CREATION OF
SOCIAL POLICING IN EVERY COLONY, EVERY SLUM, AND EVERY RESIDENTIAL AREA AND IN
EVERY VILLAGE, WARD TO ASSIST THE POLICE IN THAT RESPECTIVE TERRITORY FOR
REDUCTION OF CRIME AND ALSO TO REPORT TO THE POLICE AND ENSURING QUICK RESPONSE
BY POLICE ON ANY INCIDENCE.
19.1.1.
Since
police alone cannot prevent the happening of the crime it is more appropriate
and ideal that government must constitute the social policing groups in every
village, ward, every housing colony and every slum/ living habitation under
registration in their police station limit; the groups should comprise of
elders as well as youngsters and women
in appropriate number; the role of the social policing is to assist the police
in the intelligence with information on suspicious activities, also assist in
nabbing the criminals, also assist in
patrolling by keeping regular watch in their respective localities; also these
social groups will people tuned to more friendly nature to the police; also the
social police can be used as witness in the crime cases; the social policing
committees will certainly help in reducing the
crime rate and also help in reduction of pending cases in the courts by
ensuring police will get more evidences quickly and useful in speedy trails in
the courts
20. NEED FOR PROVIDING
PSYCHOLOGICAL COUNSELLING FOR THE INTER CASTE LOVE MARRIAGES, DIVORCE CASES,
DOMESTIC VIOLENCE CASES IN EVERY POLICE STATION UNDER CC CAMERA SURVEILLANCE BY
ENSURING EVERY POLICE STATION DEALING WITH SUCH CASES SHOULD HAVE A TWO FULL TIME
PSYCHOLOGICAL COUNCILLORS ONE MALE AND ONE FEMALE FOR COUNSELLING BOTH SIDES
BEFORE REGISTRATION OF CASE
20.1.1.
The
first and foremost thing in reducing the burden on the courts is to ensure the
resolving the litigations out of court settlements especially in matters like
love marriages, divorce cases and domestic violence cases etc; which are in
general arisen out of egos within the either parties or due to short
temperament of ether parties; as such the government must establish the
psychological counsellors in every police station dealing with the crime against
women; or mostly in urban area and city police stations to first provide a
relaxed atmosphere for both parties and provide separate and join counselling
at the first instance for amicable settlement of the issues arisen without
having to register the case; all these counselling should happen in the CC
camera recoding mandatorily; in case still both parties does not adjust and it
is in evitable to go for a court the case should be registered in the second
instance, as majority of the cases will reduced due to the counselling.
21. NEED FOR AMENDING
LAWS IN THE CHEQUE BOUNCE CASES FOR MANDATORY NEED OF CONTRA ENTRY PROOF OF
MONEY BEING GIVEN TO THE ACCUSED PARTY BY THE COMPLAINT PERSON OTHER WISE IT SHOULD AMOUNTS ONLY TO A CIVIL
CASE NOT A CRIMINAL CASE
21.1.1.
As
stated in by document “simple and effective reforms for controlling corruption
..... regarding the banking reforms the government must amend the laws related
to cheque bounce cases; only based on the contra entry by the bank payment only
the cases of cheque bounce cases should be entertained as criminal cases; the
cheque bounce cases should be allowed to register on the contra entry in the
bank statements of both parties; and in the first instance after registering
the FIR either the judge should provide opportunity in writing for the
defaulted party to repay the same within a stipulated time or re schedule the
payment as a fair chance (as majority of the cheque bounce cases are not
intentional but mere bad luck they are in deep financial crunch); in case the
default party does not cope up with repayment
schedules than the case should be brought to the court; as such all the
police stations with Dy SP rank offices should have charted accountant to go
into the details of entries of both parties to ascertain the cheque payments
and authentication of the transactions;
alternatively all the cheque bounce cases should hold certificate from the
charted accountant for the money provided to the default party is true and the
financials and bank entry details of both parties are the supporting claim;
only on such cases the police should register the case; this method will
certainly reduce the burden on the courts; improve efficiency of courts on
larger matters.
22. NEED FOR DATA
EXTRACTION OF THE ACCUSED BASED ON THE DETAILS FOR THE MOBILE PHONES, PASSPORT,
BANK ACCOUNTS, E MAIL ID’S AND OTHER SOCIAL NETWORKING ID’S AND AUTOMATIC
FREEZING BASED ON THE TYPE OF THE CASE; NEED FOR GOVERNMENT PERMITTING POLICE
TO DO ETHICAL HACKING OF THE E–MAIL AND SOCIAL MEDIA DATA OF THE ACCUSED UNDER
TRAILS AND THE PEOPLE CONVICTED AND RELEASED ON COMPLETION OF THE PUNISHMENT
TERM ESPECIALLY IN CASES RELATED TO DOWRY HARASSMENT, SEXUAL HARASSMENT AGAINST WOMEN, IN ECONOMIC
OFFENCES, IN ALL WHITE COLLAR CRIMES, ALL THE CORRUPTION CASES AND IN ALL CASES
OF COMMUNAL VIOLENCE’S ETC.
22.1.1.
Also
the government must make it mandatory that once the FIR is registered the
police should obtain the details of the accused like mobile phone numbers, the
land phone numbers, the e- mail id, the social networking id details, PAN card
number, passport number, the voter ID card number, bank accounts of the accused, also in case of
economic offences the details of the movable an immovable assets; and all the economic offices the bank
accounts and the moveable and immovable assets transactions should be freeze
from operation or to do trading or transfer or rights, this method will
certainly ensure better recoveries in the economic offences and also yield
better results in the progress of investigation. In addition government must
ensure police will collect the information from the accused and also from the
people named in the FIR the e-mail ID
and other social networking site ID in a bond paper, with wrong declaration,
concealing information should lead to further punishment, and all these e-mails
and the social networking address should be hacked by the police through the
ethical hacking system in the district head quarters under the supervision of a
SP rank officer only (also under the permission of the concerned senior police
officials not less than the rank of the SP the government must allow ethical
hacking of the suspected people irrespective of status in the society with
clear mention of the reason for suspicion on the persons- also ethical hacking
should be permitted to carry out by the Income tax authorities on all the
suspicious and specific information business establishments before conducting
the raids i.e search and seizer operations on those business establishments;
also on the client accounts of those business houses which are raided if the
official concerned wishes to have so, all these income tax department ethical
hacking should be done not less than the rank of joint commissioner of income
tax rank officer, and all the criminal information should be shared with the
police and other revenue and government
agencies, law enforcement agencies appropriately); the data extracted should be
used as evidence or for intelligence gathering; this method
will certainly provide appropriate information about the crime and the
criminals and help in speedy trails in the courts and also reduces the pendency
in the courts apart from providing more security for the citizens and also
reduction in crime rate will occur.
23. NEED FOR CREATION
OF DATA BANK OF INDIVIDUALS IN THE COUNTRY BY REGULATION OF USE OF INTERNET BY
INDIVIDUALS IN THE COUNTRY ESPECIALLY THE WORKING CLASS AND THE YOUTH; MAKING
IT MANDATORY SELF DECLARATION OF ACCOUNTS OF THE E- MAIL IDS AND THE SOCIAL
NETWORKING ID OF THE INDIVIDUALS AND THE PHONE NUMBERS OF THE INDIVIDUALS AND
ALL CITIZENS AT THE GOVERNMENT BY CREATING INFORMATION TECHNOLOGY AND
COMMUNICATION USERS DATA BANK AUTHORITY (ITCUDBA); NEED FOR INSTALLATION OF THE
CC CAMERAS IN ALL THE GOVERNMENT OFFICES, ALL THE BANKING AND FINANCIAL INSTITUTIONS;
NEED FOR ENTRY OF THE ID CARD OF THE
INDIVIDUAL MANDATORY FOR ALL THE COMMERCIAL INTERNET CAFES TO BE USED BY ANY
INDIVIDUALS
23.1.1.
In
the age of technology revolution in future majority of the people uses internet for various purposes, it will be
more ideal and appropriate that government must ensure all the citizens uses
the technology in a legitimate way; in order to ensure legitimacy of the use by
individuals the government must make it mandatory that all the working class
people both in th government and private and all the students should declare in
a legal affidavit and submit the appropriate government authority in their
organisation and in turn those organisations to the government data bank
authority i.e the information technology and communication users data bank
authority (ITCUDBA) – which should work under the joint management of ministry
of communication and home ministry GOI, established in every district in the
state; the authority receives the affidavits from the individual users and from
the institutions regarding their e-mail ID and social networking Ids and also
the mobile phone numbers along with voter id card number or some id proof of
the individuals issued by the government;
the wrong declaration or concealments
of information in the declaration should be a serious crime with stringent
punishments for un authorised use; also all the non declared id should be hacked b the government
regularly; all the declared id should be hacked with the prior permission from
the government only on suspicion with substantial evidence or on the criminal
charges or accused in the crime cases only; this method will certainly reduce
the future crimes, also all the government officials especially in the higher
ranks will be more careful and certainly reduce the corruption; all the
business people will be careful in their dealings, all the students will be
careful in their behaviour, all the citizens will be careful in the cyber
crimes against women, reduce the extra matrimonial and pre matrimonial sex
crimes; also makes the easy identification of any cross border terror plots etc; also the declaration
of mobile phones ensure that every citizen especially people in government uses
the mobile communication officially
certainly reduces the corruption angle with the fear of getting caught
in case dealing with the corruption cases (as as of now un doubtedly it being
an open secret majority of the people in the government and politics and
business uses different more than one phone – one in their official name other
in their kin – kith or some other name and all the mostly all talks for
corruption are done through the non official phone (also these second phones
are used for extra matrimonial affairs/ prostitution) , the case is same with
the majority business men and the some of the politicians – all these can be
avoided as the cell phone signals in the offices can trace the un declared
mobile numbers; also as suggested in my document on “health care for all” all
the offices should mandatorily keep the cell phone ranks at the entrance of the
offices and ensure all employees deposit the same and use only land phone in
the offices both in the government as well as private- this will certainly
reduce the corruption as well provides health) also makes almost all the
citizens behave responsibly; in addition the government must make it mandatory
that all the government offices are fitted with the CC cameras and monitor and
store the data at multiple places i,e at the office, the district head quarters
of that office, the state head quarters of the office; and storing the feed for
at least one year; this method will certainly reduce the corruption to a great
extent especially in the government offices and also improves the work
efficiency as the officials will maintain the office timings, also reduces the
wastage of time chit chatting or playing computer games or surfing the internet
for various entertainment purposes will drastically get reduced and better functioning
of the government administration; also the government must ensure the internet
users are having accountability of the use for ensuring responsible ethical
behaviour by the internet users
especially the internet users in the cyber cafes, by making it mandatory that
all the private internet cafes uses the same format for issue of the cyber cafe
to the individuals by making it mandatory valid id of the individual like voter
id card, passport or the driving licence card should be enter and the list of
the uses should be submitted to the local police in the e-mail form, also to
store them for at least one year, alternatively government can issue the user
cards with just Rs 50 by any cyber cafe person with unique code with bar-coded and supplied by the government for each card
on obtaining the photo copy of the any
id card and an affidavit by the user for the
self authenticity and use legitimately, the card can be valid in any
cyber cafe in the country, all this methods will certainly completely
marginalise the mis-use of the internet
as all public using the public cafes are identified easily, also sine the
private internet at home and office will have the owners id any way, the above
methods will certainly reduce the cyber crimes, also the fixing of the culprits
in the cyber crimes in the Indian territory is easy which reduced the pendency
of the cases in the courts.
24. NEED FOR COMPLETE BAN
OF ANY KIND OF PHYSICAL ABUSE AND MAKING IT SEVERE CRIME THE USE OF THIRD
DEGREE BY THE LAW ENFORCEMENT AGENCIES ON THE ACCUSED AND THE UNDER TRAILS;
NEED FOR COMPLETE BAN OF USE OF STANGS AND ABUSIVE DEROGATORY LANGUAGE BY
POLICE & LAW ENFORCEMENT AGENCIES ON THE ACCUSED AND SUCH ABUSE AS NON BAIL
ABLE OFFENCE AGAINST SUCH OFFICIAL; MANDATORY ON THE PART OF THE OFFICIAL AS
WELL AS THE ACCUSED VICTIM TO UNDERGO NARCO ANALYSIS TO PROVE THE CASE OF THE
ABUSE OF LANGUAGE, DEROGATORY METHODS LIKE REMOVAL OF CLOTHES IN THE CUSTODY;
NEED FOR MAKING IT MANDATORY THAT ALL FRESH LAW GRADUATES ARE TRAINED IN THE
POLICE STATIONS FOR ONE YEAR AS PRACTICAL BY PROVIDING FREE LEGAL AID TO THE
ACCUSED AND ALSO TO ACT AS WITNESS DURING THE INTERROGATION
24.1.1.
It is very sad and very unfortunate that even though in
our country our constitution provides absolute protection of human rights, to
the heinous of heinous in nature majority of the police people in the lower
ranks are acting as licensed goons and are totally acting in human and barbaric
by using the derogatory stangs on the accused and beating them brutally and
illegally keeping them in their custody and also using the third degree months
to obtain the evidence and in some instances the innocent are being victimised
and are accepting the crime and also the some police will do anything under the
earth if provided the money they demeaned for ??? Because of these pest
elements the entire police department is being viewed low by the common
people??? Also because of the existence of fair portion of the fair police in
the country the country is at least able to maintain the crime rate at this
rate , otherwise it could be more worst???; however in order to protect the
human rights of every single human being whether committed crime or not (will
be decided by the courts, even though in case committed crime due to low mind
or momentary anger or vengeance he will get the punishment as per law and no human
being is permitted by god to be beaten by others and very heinous it is common practice but most recently aired
on national media channels police official hitting the youth in the groins in
the public for just asking a question???) ; how come state tolerating knowingly
this excess brutalities of the police???? Just establishing state human rights
commissions is not at all sufficient???? Governments must make it a criminal
non bail able offence of using stangs / slender language on the accused and beating
the criminals and using the third degree methods and detention of the accused
without registering the case or without producing in the court within one hour
after nabbing / taken into custody; and punishments of life imprisonment for
violation in this cases; also in addition to conduct the narco analyses tests
for both the accused and the police in case the accused victim reports or the
police doing such excess caught in the CC camera footages by the higher
ups for determining the truth to
establish the versions of the victim as well as the police involved in the
incidence and the entire hierarchy should be suspended and the police people
involved should be immediately arrested and prosecuted for such heinous crime;
also in addition it will be more appropriate and ideal to bring the change in
the police of such nature by keeping the boards in the premises of the police
station as well as in the lock up rooms and in the rooms of the police
officials with captions “only people who does not have respect for mothers (even
accused also a child of some mother) will do brutalities against the accused by
beating and kicking people and using stangs - such people are termed as BAST****
DS in the English dictionary – there is no place for such people in the
government as our country being well cultured and respects mothers and women;
also our country constitution provides human rights and such acts are
criminal offences as per the law” written in English and in the regional local language;
the slogan “cigarette smoking is ingenious to health” may not have great impact
on the individuals but this slogan on preventing police excesses will certainly
bring down such brutalities as nobody is willing to be termed in such
derogatory language as it reminds them every day not to use (even though
constitutional many not permit the use of such words in the government offices
but needs amendment of law in this regards as Hon’ble courts on many occasions
sited in their judgements where ever law fails to protect the individuals constitutional
rights the rule of natural law can be up holded in the larger interest of the
well being and protection of the life of the individual; as such keeping view
of such citations of the courts and also keeping in good faith the old says
like wild needles can be removed only with needles and diamonds cutting require
diamonds only the use of the above word can be justified as it only reminds the
prevention of excesses not certainly against any individual??? As the same
wording is common starting word for many of the police and adding to this
beginning common word they use such a stangs which are unprintable abusing the
mother and sisters of the accused???? How far a civilised cultured society like
India can tolerate this kind of uniform excesses of police ????), also all the
police should be provided with psychological training on obtaining the
information regarding the re construction of crime and the motives of the crime
from the accused; also government must ensure that a non bail able criminal
offence for the police to enter into private civil disputes including the white
collar economic offences. Also government must ensure that the criminals are
transported only in the government provided jeeps and vehicles; all the
vehicles should be provided with voice recorders soon the engine is ignited
till it stops to ensure the voices of the police as well as the accused are
recorded. Also government must make it mandatory that all the interrogation in
the police custody provided by the courts should be in the presence of lawyers
and only during the day time and under the camera only; also the government
must make it mandatory that all the fresh law graduates undergo three months of
training in each police station dealing with different subjects of the police as per the police stations during one year of
internship (like junior doctors working in the hospitals as trainees); all
these fresh lawyers should be used to provide free legal service to the cases
registered in the police stations and also will be present as a witness in the
interrogation period; all the above methods will certainly bring confidence in
the law enforcement agencies in the country.
25. NEED FOR
ESTABLISHING THE INDEPENDENCE OF THE INVESTIGATION AGENCIES LIKE C.B.I BY
ENSURING THE CBI WORKS UNDER THE JOINT COORDINATION COMMITTEE OF CVC, CEC CAG
AND THE CJ OF SC FOR ENSURING ABSOLUTE AUTONOMY INCLUDING THE RECRUITMENT OF
STAFF TO THE FILING OF THE CASE IN THE COURTS COMPLETELY ELIMINATION OF THE
CONTROL OF CBI FROM THE GOVERNMENTS OR ITS ELECTED REPRESENTATIVES; NEED FOR OTHER
HIGHER APPOINTMENTS & ACCOUNTABILITY OF PUBLIC IMPORTANCE LIKE ADVOCATE
GENERAL OF INDIA, CHAIRMAN & BOARD MEMBERS OF (CBDT, CBEC), ED, DIRECTOR
GENERAL HYDRO CARBONS, DIRECTOR GENERAL INDIAN BUREAU OF MINES, DIRECTOR GENERAL
FOREIGN TRADE ETC IN ADDITION TO APPOINTMENT OF NATIONAL COMMISSION FOR
SCHEDULED CASTE, NATIONAL TRIBAL COMMISSION, NATIONAL MINORITY COMMISSION,
NATIONAL COMMISSION FOR WOMEN, NATIONAL OBC COMMISSIONS SHOULD BE INDEPENDENT
OF POLITICAL SYSTEM FROM SELECTION TO APPOINTMENT.
25.1.1.
It
is indeed become a fashion for many people especially the political class to
ask for CBI enquiry for every case, also many people in the opposition and
NGO’s terming the CBI i.e central bureau of investigation a common allegation
i.e congress bureau of investigation,
mainly because the CBI is under the control of the government and they
apprehend that autonomy lies mostly on the paper; also majority of the educated
common people are of the opinion / view that CBI is being used for tightening
of the political opponents by all ruling governments as majority of the
political people are elite and have vested interests as running political
organisations require huge money and most of the expenditure in the elections
are from the un declared and un known sources and also the elected political
representatives need lot of money to main the cadre for almost five years till
the election require money in such circumstances majority of the elected
political representatives and the political parties are indulging in the
corruption with collision with big corporate and with issues of permits,
contracts, licences or framing the polices to suit particular section of people
to get benefits from them to maintain cadre and run the political parties to
reach their motto of achieving power; in this process common honest people are
becoming fools as most of the political parties whether in collation or in
opposition are almost hand in glow all the above are common assumptions of
majority of the educated class about the system of investigation especially the
CBI; in order to inculcate the confidence in all section of the people about
the investigation agencies especially the CBI government must ensure absolute
autonomy of the CBI government must establish/ constitute a body comprising of
the Central Vigilance Commissioner, the Central Election Commissioner, the
Comptroller and Auditor General and the Chief Justice of the Supreme Court to
select the officials to work in the CBI and making CBI to report to and work
under this body and completely eliminating the political elected
representatives except the the prime minister of the country to and the leader
of opposition in the selection process of the officials to the day to day
functioning of the CBI ; this method
will certainly deliver the best results to the country; in order to reduce the
load on the CBI government must ensure
that CID/ACB of the state are also
possess absolute autonomy by ensuring the functioning of the CID/ACB under a
committee constituted comprising of the state election commissioner, state
vigilance commissioner, state controller and auditor general and the state high
court chief justice. This method will certainly eliminate the perils among the
common man regarding the law enforcement agencies also there will be better
scope for elimination of political vendetta and also better functioning of the
governments as the opposition and the collation partners will function
appropriately without any fear for political vendettas and mis use of the law
enforcement agencies; it is necessary as expecting in government lifelong
continuously by any political party is nothing but day dreams. Also only by
providing the autonomy to the law enforcement agencies the justice to the
people can be established. Also ideal other higher appointments &
accountability of public importance like Advocate General of India, chairman
& board members of CBDT, CBEC, ED, Director General Hydro Carbons, Director
General Indian Bureau of Mines, Director General Foreign Trade etc in addition
to appointment of National Commission for Scheduled Caste, National Tribal
Commission, National Minority Commission, National Commission for Women,
National OBC Commissions should be independent of political system from
selection to appointment and political accountability, which will certainly
make the system work more efficiently and effectively ensuring justice for all
sections of the people without any bias or favouritism.
26. NEED FOR
ESTABLISHMENT OF FORENSIC LABORATORIES IN ALL STATES IN ADEQUATE NUMBER IN
APPROPRIATE STRATEGIC LOCATIONS CATERING SERVICE TO THREE OR FOUR DISTRICTS
26.1.1.
Since
forensic laboratories plays a crucial role in the establishments of crime it is
necessary that government must establish forensic laboratories in every state
in appropriate number in convenient strategic locations in the cities and the
districts covering at least 3 to 4 districts by one laboratory; also government
must train the police people in colleting the evidence in a sophisticated
manner without any scope for loss of evidence/destruction of evidence; this
method will certainly reduce the judgement time as most of the delays in
judgements is due to lack of proper evidence or due to delay in the reports in
from the forensic laboratories.
27. NEED FOR
ESTABLISHMENT OF COURTS AS PER THE DEPARTMENTS OF THE POLICE LIKE CRIMES
AGAINST WOMEN & CHILDREN, THE ECONOMIC OFFENCES, THE CORRUPTION CASES, THE
PROPERTY DISPUTES, THE ROAD ACCIDENTS, THE MURDER CASES, THE THEFT CASES ETC
27.1.1.
Since
for the convenience of the people as well as courts the police stations should
be made as specialty police stations dealing with different subjects of
litigations/ issues/ crimes; similarly the government must ensure establishment
of courts based on the pattern of establishment of the police stations like
separate courts to deal with each crime wise like women & children cases (
separate division for domestic violence, and rape cases and child abuse cases,),
all prostitution cases, all cheque
bounce cases, all economic offences cases, all corporate economic offence
cases, all traffic violation cases, all road accident cases , all murder cases,
all child labour cases etc etc; as said earlier that government must make
apparent ship training for the fresh lawyers in the police stations dealing
with such departments by providing free legal aid for such cases to get
practical exposure for the fresh lawyers ; since the cases are totally
bifurcated the dealing of the cases and the concentration of the cases will be
more accurate and it will be possible for the police to provide appropriate evidances
in a quicker time and also the courts can deliver the judgements in a quicker
time more accurately.
28. NEED FOR
ESTABLISHMENT OF COURTS BASED ON THE STRENGTH OF THE POLICE STATIONS IN THE COUNTRY;
NEED FOR APPROPRIATE PYRAMID STRUCTURE OF COURTS
28.1.1.
Also
it is most ideal and important that government must establish police stations
based on the population and based on the geographical location and crime data;
similar lines the government must establish the courts based on the strength of
the police stations and the crime data; also government must provide
appropriate building for scope for future expansion; also with adequate space
for the parking and making all the court building the green buildings; also the
government must establish the courts in a pyramid structure
29. NEED FOR ENHANCING
WORKING HOURS OF THE COURTS TO 12 HOURS IN TWO SHIFTS FROM 8 AM TO 2 PM
(MORNING COURTS/DAY COURTS) AND FROM 2.15 PM TO 8.15 PM (EVENING COURTS) WITH 5
DAY WORKING ( WITH SIX DAY WORKING WITH CHANGE IN TIMING FOR STATES WHERE
EFFECTED BY FOG IN WINTER OR EARLY SUN RISE AND SUN SET STATES) FOR ALL
SUBORDINATE COURTS AND HIGH COURTS; NEED FOR FILLING UP OF EXISTING VACANCIES
AND ALSO MAKE AMENDMENTS IN LAW TO RECRUIT
TWO AND HALF TIMES THE STRENGTH OF THE JUDGES (ENSURING THE RATIO OF JUDGES TO
MILLION PEOPLE WILL GET ENHANCED TO 25 FROM THE PRESENT POSITION OF 10 JUDGES)
AND ALSO THE STAFF TO DISPOSE OF CASES AT A FASTER RATE; CREATION OF THE HOLIDAY COURTS ON SATURDAYS, SUNDAYS AND ON
ALL FESTIVALS EXCEPT ON NATIONAL
REPUBLIC DAY AND NATIONAL INDEPENDENCE DAY
29.1.1.
If
we look at the statistics of the pending cases in the Indian courts which are
over 3 cr cases and every year over 14 lack cases adding up; as per the
estimates with present strength of the courts and judges and the present rate
of disposal of the cases it will take over 124 years as per the estimates?? The
cases pending in supreme court are over 60,000 and the cases pending in the 21
high courts are over 45 lack cases, and the rest 2.5 crores of cases are
pending in various subordinate cases, the rate disposal of cases in the high
courts are 188 cases per day of over 220 working days; with the total number of
different courts in our country are over 14,000 in number with more than; the statistics shows that in the last seven
years, the disposal rate has increased by 48 per cent in the high court’s and
by 28 per cent in the subordinate courts, but the pendency has increased. Thus,
it is the system (and not the judges) which is at fault. Unless the disposal
rate improves, the backlog will keep mounting. In order to ensure people will not opt for un
constitutional judgements the government must ensure speedy judgements and all
the arrears will have to be reduced; in order to reduce the arrears there is no
magic wands; only tangible solution is to recruit more judges and train them
and enhance the time of hearing from 8 hours to 12 hours a day without any
additional load on any judge in any level of court and also to increase the
working days from 220 to 355-360 days; this is possible only by recruiting the
judges almost 2.5 times the present strength (this is very necessary as the
present strength of judges in the country is only 10.5 judges for every ten lack
population where as in all the developed nations it is more than 40 judges with
USA on the top with over 70 judges for ten lack population- as such in order to
reduce the pendency and improve the quality of the judgements in India the
ratio of the judges should be at least 25 per ten lakh population and at the present set up of the court
infrastructure this will be best utilised in the shift system with almost zero
holidays); all the supporting staff in the courts should be recruited in the
same ration; and also to operate the courts in two shifts one morning shift i.e
from 8 am to 2 pm in the afternoon and second shift from 2.15 pm in the afternoon
to 8.15 pm in the evening called evening court; in addition the Saturdays and
Sundays and all holidays except the national republic day and national
independence day as off for the courts the holiday courts (all these additional
shifts and holiday courts for the subordinate courts and high courts of the
states); the above methods also improves the quality of the judgements as the
judges get ample time to concentrate on the cases and also feel the reduced
burden on them; all these measures will certainly reduce the pendency rate
30. NEED FOR
RESTRICTION OF JURISDICTION OF COURTS AND MAKING ONLY CONSTITUTIONAL MATTERS,
GOVERNMENT DISPUTES AND INTERSTATE DISPUTES BY THE SUPREME COURTS AND ALL OTHER
CASES THE MAXIMUM COURT IS THE HIGH COURT FULL BENCH.
30.1.1.
After
the bifurcation of courts as per the speciality or as per the subjects it is
most important to fix the jurisdictions of various courts; it is necessary and
ideal that the country’s apex court should take up only matters related to
constitution provisions, violation or amendments etc; also the inter sate
disputes and all the cases related to
state and national security and also matters related to defence ministry and
ministry of external affairs and also matters related to courts and law
enforcement agencies and all the appointments of the district collector and
above. Rest all the maters the high court’s full bench is the final authority
for appeal. This method will certainly provide quality judgements; also the
number of high court judges should the appropriate to the cases and according
to the number of district courts,; also for crimes where the punishment is less
than a year or the civil & economic offices less than Rs 10 laks , the
district & secession judge court is the final authority for appeal; this
will certainly reduce the burden on the courts.
31. NEED FOR
MODERNISATION OF COURTS WITH FULL COMPUTERISATION AND VIDEO CONFERENCE
FACILITIES AT THE COURTS AS WELL AS AT THE RESIDENCE OF THE JUDGES; MAKING IT
MANDATORY TO PRODUCE THE ACCUSED IN THE VIDEO CONFERENCE TO THE JUDGE WITHIN
ONE HOUR ON REACHING THE POLICE STATION (AMENDING THE PRESENT SYSTEM OF WITHIN 24
HOURS); NEED FOR REDUCTION OF TRANSPORT AND ESCORT OF THE ACCUSED TO THE JUDGES
AND THEN TO THE POLICE STATION/PRISON ETC THROUGH VIDEO CONFERENCE FACILITY
31.1.1.
In
the event of the technology and communication developments easing the many
sectors of life, the judiciary also should be able to use these latest
advancements for the common good; as such all the courts should be fully
computerised with all the records on the courts should be computerised;
simultaneously all the courts as well as the residences of the judges should be
provided with high speed broad band connections and the video conference
facility; all the police stations and
the prisons should be provided with the broad band as well as video conference
facility and all the accused when FIR lodged should be produced through the
video conference and the court can grant immediate bail or provide police
custody or judicial remand for the accused; similarly the under trails should
be trailed through the video conference facility; this facility will certainly
reduce the precious time of the investigative officials, the courts and also
saves lot of transport expenditure and also reduces the security risk of the
accused while transporting to the court. Also government must amend the laws
for providing more transparency in the judicial system by ensuring the accused
are produced before the court within one hour after being taken to custody by
the police or law enforcement agencies through the video conference; also where
ever the broad band connection and video conference facility not available then
the accused should be produced to the court through the mobile phone video
conference facility form the mobile phone of the police to the mobile phone of
the court which are supplied by the government with 3G connection. All these methods will certainly improve the
delivery of fair judgements as lot of precious time is saved for the police as
well as he courts.
32. NEED FOR REGULATION
OF RECRUITMENT OF THE JUDGES IN THE COURTS BASED ON THE SPECIALISATION IN THE
LAW FOR THE ENTRY COURTS AND ONLY ON SERVING AS JUDGE IN ANY LOWER COURT ELIGIBLE
FOR PROMOTION TO FOR THE HIGHER COURTS IN THE HIERARCHY ; WITH 80:20 RATIO I.E
80 % FOR THE PRIOR EXPERIENCE AS JUDGE AND 20 % AS DIRECT ENTRY ONLY UP TO THE
DISTRICT COURT, ALL HIGH COURT AND SUPREME COURT MANDATORILY ONLY ON PROMOTION FROM
DISTRICT COURTS
32.1.1.
As
stated above that the fresh lawyers need to get apparent ship on different
specialisations from the police stations; the fresh lawyers also should be
trained in the education in specialisation on various subjects as a part of the
curriculum; also the existing lawyers can choose the specialisation in various
subjects; only the munifif courts are allowed to have fresh judges from the
written exam and the judge should be elevated in the carrier based on the
experience, the perfection in judgements and written examination for promotion;
all the promotions should be on time bound for eligibility to crate equal
opportunity; also for the selection of the judges at the district level there
should be 80 : 20 ratio followed , i.e 80 % of the vacancies in the district
judges which are arisen due to retirement or promotion or death or resignation
should be filled with the promotion category, and the remaining 20 % vacancies
should be filled with the direct
recruitment (like civil services IAS, IPS etc); all the selection of judges for
the High court and Supreme court should be purely on the promotion based on the
merit of the judges at the district level, i.e the number of judgements delivered,
the percentage of judgements up held in the high court etc
33. NEED FOR ALLOCATION
OF COURT (BENCHES OF JUDGE/ JUDGES) RANDOMLY ON COMPUTER JUMBLING; MAKING ON
LINE REGISTRATION OF CASES FACILITY;
33.1.1.
In
order to ensure the better judgement without any scope for the bias the
government must make it mandatory that the allocation of benches should be on
the random computer bases for the judges; similarly all the cases should be
registered should be allocated the bench just 15 minutes before the case time
begins; and the benches should keep on changing from time to time for ensuring
reduction of scope of corruption in the judiciary as many people apprehend that
there exists some un holy nexus between the some lawyers and some judges and
the cases are either being adjourned at the convince of a particular party or
getting interim reliefs or getting the bails etc; all these perils can be
curbed by random allocation of bench just 15 minutes before the case time and
also the periodic changes of benches; as the judges deliver the judgements
based on the case sheet and the recorded evidences and certainly not on the
memory of case history of each and every
single case throughout the length of
hearing of the case ???; all these measures on implementation will
certainly lead to the marginalisation of the scope for corruption in the
judiciary; as people have lot of hope and faith in the judiciary as the judges
are the protectors of the constitutional rights (especially people belong to
the down trodden sections) and majority of the people think / or of the opinion
that judges are next to god as they feel that judges delivers them the what is
needed for them the relief from the issues or litigations or punish the
culprits etc as such it is necessary
that government as well judiciary must ensure such faith in the people is
intact and re establish always by marginalisation of scope for corruption in
judiciary (not talking or discussing about the measures for controlling
corruption in judiciary is very sinful act on the part every responsible
citizen as corruption exists in every
sector telling or pretending to the
public that all the people in the judiciary are honest is nothing but fooling
the self and fooling over 121 core people of the country which is an un
pardonable biggest crime of the millennium??? Elders in the judiciary should do
self introspection and make every judge to have self introspection in this
regard as majority of the people feel that judges are next to god and keep such
a faith in the judges and the institutions of the constitutional courts; but
unfortunately since the existence of corruption and delay in the delivery of
judgements due to what so ever reasons majority of the people are opting for
the un constitutional judgement makers in the urban dens of the local goons,
mafias, the khap panchayats, the Maoists, in the recent past a sitting judge in
the Mumbai admitted that he approached the local goons to recover the money paid?
Then one can imagine the stage of common people???)
34. NEED FOR ISSUE OF
BAIL FOR ALL THE ACCUSED IN PITY CASES AND NEED FOR ISSUE OF BAIL ON ALL CASES
OTHER THAN MURDER AND RAPE; NEED FOR USE
OF RAID TAG COLLARS FOR THE BAILED PEOPLE; MAKING DESTROYING/ TAMPERING RADIO
TAG AN OFFENCE; NEED FOR FIXING THE OUTER BOUNDARY OF MOVEMENTS OF THE ACCUSED
ON BAIL USING THE RADIO TAGS (BASED ON THE CASE TYPE RESTRICTING THEM TO HOUSE
OR COLONY OR VILLAGE OR MANDAL OR DISTRICT OR STATE ETC WITH TRACKING MOMENT OF
ACCUSED BY RADIO SIGNALS WITH SPECIAL PROVISIONS AT THE BUS STATIONS, RAILWAY STATIONS
AND AIR PORTS);
34.1.1.
It
is very pity that even though the constitution made a provision for issue of
bail for the accused the courts are keeping the accused in the jail some times
for years together! As of now almost two
lack people are in the prisons as under trails and the government spending over
370 crorers of rupees per annum on the prisoners mostly the under trails (Rs 55
per day) Who far these are justifiable???? as only in the cases of the murder
or rape should not provide the bail for certain length of period, it is the
failure on the part of the investigation agencies to provide the proof and
establish the crime; as such all other cases the government must ensure to
enact the laws in such a manner the bail is provided in all bail able offences
as mentioned; as many people of the impression that bails are the money
spinning activity for some judges; and all the upper echelons with tonnes of
money and political power and celebrities are getting bails even in the most
heinous crimes and poor people for petty crimes are in jails as under trails
for several years; on the completion of the trail if the judge comes to the
conclusion with the evidences provided by the investigation officials that the
accused under trail is innocent and can be let off, then can the Hon’ble judges
return back the lost precisious time of the individual, can the Hon’ble judge
return back or compensate the mental agony under gone by the accused
individually and the family members of the accused, and in the case the accused
is the sole bread earner of the family then the difficulties and sufferings of
the innocent family members are compostable ???? Is the constitution provides
such rights to the Hon’ble judges to act in this manner to suffer the innocent
because they got discretion power ???? Is it not spate treatment for the elite
and poor ??? Government & higher judiciary must ensure that in all the
cases except of the national and state terror cases or the murder cases or the
rape cases, all other cases should be provided with bail without wasting the
precious time of the people, for all the economic offences freezing the bank
accounts as a pre condition for issue of bail with minimum limit of with drawl
of money from the banks on humanitarian grounds
for running the family needs for ensuring the children and family should
not suffer for the crime committed by the accused???; if the investigation
argues that the accused can influence or tamper the evidence all such accused
movements should be restricted by mandatorily condition for issue of bail by
use of the “radio collar tags” through which the police can identify the
moments of the accused and also can confine the accused to certain geographical boundaries starting from
the home to the village/ward to the colony to the mandal / division to the
district to the state; and also in addition monitoring of the use of the mobile
phone of the accused will certainly eliminate the scope of mis use of the bail
and also with stricter punishments for violation of bail conditions will certainly
provide the required human rights to the citizens laid in the constitution thus
providing the real respect for the architects of the constitution.
35. NEED FOR SETTING UP
OF SPECIAL CELL IN EVERY DISTRICT COURT AND HIGH COURTS FOR REGISTRATION OF SU
MOTTO CASES FOR ALL VIOLATIONS OF FUNDAMENTAL RIGHTS; NEED FOR SETTING UP OF
SPECIAL CELL FOR PIL’s
35.1.1.
Since
these days the political parties and the elected representatives are taking
positions on the pity personal issues ignoring the issues in the district and
state level on the matters of public importance and common good ; it will more
ideal and appropriate that all the district courts and high courts should have
a special cell for taking up of the matters of public importance as suo-motto
cases and protect the people by ensuring the governments are pulled up for
acting on the issues of public importance ensuring common good within the
preview of the constitution without encroaching into the rights of the
executive and courts acting as
administration of the government.; also the PIL’s which are very necessary for
the common good should have a special cells in the courts from the district
courts on wards till the supreme court of the respective jurisdiction i.e the
district matters, the state level matters and the national level matters of
public good importance in case the governments of the day fail to act in the
larger interest of the public or the governments of the day are failed to
fulfil the aspirations of the common good and acting biased towards a particular
section of the people.
36. NEED FOR REGULATION
OF JUDICIAL ACTIVISM FOR MAINTAINING THE BALANCE AMONG THE THREE WINGS I.E
LEGISLATURE, EXECUTIVE AND JUDICIARY
36.1.1.
It
is indeed very un fortunate that judicial activism is on the very high note in
the recent years reflecting the failure on the part of the elected governments
to live up to the aspirations of the people and act in the larger interest of
the people of the country without any scope for corruption or mis utilisation
of valuable natural wealth of the country or mis utilisation of the hard earned
money of many people collected in the form of taxes; as such judiciary is
providing directions on the administrative maters of governance and on policy
making, which is certainly a degrading the confidence on the government by the
people, as such government must ensure clear line is drawn between the
executive powers and the powers of the judiciary; otherwise there is every
danger people will lose faith in the governments of the day and for every act
of the government approach court and also there is a danger courts will also
enjoy the executive power indirectly.. some of such cases where judiciary taken
up of matters like removal of dark film for the vehicles?? Of course some angle
of security exists but the law and order is the duty of the police to check the
happening of the crime; due the removal of the dark film there are many
disadvantages as the dark films reduce over 50 % of the consumption of power on
the engine to cool the car when Air conditioner is on, now a days even in
winters the vehicle users are using air conditioners ; so summer and other
seasons the air conditioners use in vehicle inevitable; so the complete removal
of the film leads to the use of more power to cool, means more burning of the
fuel means more financial burden on the individual in addition to the more
pollution, also there is every danger that when women are wearing the jewellery
for functions etc and also danger of theft whatever left in the car during
parking; this is one small example like that many big matters judiciary playing
the role of the investigation and also the prosecution ???? if applied more
judicial mind than required will lead to economic disasters and investors will
loose confidence in investing for the projects, resulting decline in growth
resulting in more un employment and more
economic crises ???? All the spirit of above opinions are expressed by eminent
lawyers of supreme court on various articles; As such there is urgent need to
draw lines for judicial activism and limiting judicial activism only matters
related to fundamental rights or matters related to non technical and non
economic direct or indirect related matters only.
37. NEED FOR
ESTABLISHMENT OF LEGAL CELL IN EVERY GOVERNMENT ORGANISATION, EVERY CORPORATE;
NEED FOR SCRAPPING OF EMPANELMENT OF LAWYERS IN THE GOVERNMENT AND PSU’S; ONE
GOVERNMENT LAWYER IN EACH SUBORDINATE COURT
37.1.1.
Also
it is ideal that government must make it mandatory that each department in the
government from the district level onwards or each PSU and each corporate
business house should possess a full time legal department with appropriate
number of full time lawyers for advising of various matters; these legal
experts will act as legal representatives of the government department or the
PSU or the private corporate; also
making it a pre condition it is the duty of the legal expert to guide the
government department or PSU or the private business corporate house and any
wrong representation or wrongful
guidance should lead to the suspension of the bar council membership of the
legal expert of the department; also
this method will certainly ensure fast disposal of the cases as these because
these legal experts knows the issues of the cases fully and can easily present
the facts in the courts. Also this method creates more number of jobs for the
budding legal professionals. Also government must completely scrap the system
of empanelment of the lawyers in the government and PSU, this method many not
yield better results also there exists a scope for favouritism, nepotism or
even corruption in the system of empanelment system and allocation of the work;
this can be completely avoided by recruiting full time lawyers in the
government and the PSU’s; also for speedy disposal of the cases government must
ensure that at least one government lawyer
(GP) per each subordinate court is available, also the fresh graduates
of law who are under apparent ship at the police stations should assist the GP
as a part of training process, as lack of GP ‘s in appropriate numbers leading
to frequent adjournments and leads to dealy in the trail.
38. NEED FOR
ESTABLISHMENTS OF HUMAN RIGHT COURTS FROM DISTRICT LEVEL; NEED FOR
ESTABLISHMENT OF LOKYUKTA COURTS FROM THE DISTRICT LEVEL; NEED FOR ESTABLISHMENT OF MORE FAST TRACK COURTS FOR
MATTERS OF URGENT IMPORTANCE AS WELL AS FOR LONG PENDING CASES
38.1.1.
Since
every day there are many incidences of human rights violation by the private
individuals or the excess of police; it will be more ideal and appropriate that
every state and district should have appropriate number of human right courts
which will register cases suo motto or alternatively people who visits them. As
every day we are coming across gross violation of human rights in almost every
district, which needs to be prevented by either people registering the cases or
the courts will register the cases suo motto to deliver justice to the people.
Also in addition to the increase of number hours of working, number of days of
work alone cannot resolve the pending cases issue these piled up cases are like
peak mountain, as such in order to ensure quicker justice government must
establish fast track courts in every discipline of the crime in appropriate
number as per the old pending cases as well the latest crime rate, these fast
track courts should be of two types , one for the present cases of matters of
urgent importance, also the send type of fast track courts should be for
dealing with the oldest pending cases, all the old pending cases should be
transferred to these fast track courts by the district court, for matters
pending in the subordinate courts,, these fast track courts will certainly
ensure reduction of pendency of the cases.
39. NEED FOR QUALITY
EDUCATION IN THE LAW AND SPECIALISATION OF SUBJECTS IN THE DEGREE COURSE IT
SELF ON VARIOUS SUBJECTS LIKE WHITE COLLAR CRIMES, COMPANY LAW, WOMEN &
CHILDREN, GOVERNMENT SERVICE MATTERS, CRIMINAL LAW WITH BIFURCATION ON MURDER
CASE, ROAD ACCIDENTS ETC; NEED FOR FREE LEGAL ADVICE TO ALL THE ACCUSED
IMMEDIATELY AFTER PRODUCED BEFORE THE COURT THROUGH THE INTER SHIP OF THE FRESH
LAW GRADUATES IN THE POLICE STATIONS
39.1.1.
In
the event of need for speciality police stations and speciality courts based on
the nature of the issues/ crime the government must design the curriculum of the
courses accordingly; as of now over 5 lakh people are graduating in law with
over 70,000 people are enrolling to practice law with the present strength of
practicing lawyers over 12 lacks in the country
there is an urgent need for conducting special refreshment courses for
15 days on the speciality and make sure
the lawyers take the speciality enrolments (these speciality enrolment
of the lawyers will certainly help in quality trail and fairer judgements as
the lawyers has more concentrated efforts one subject; with no restriction for
these speciality lawyers to appear in other matters); also government must
introduce a mandatory particle for all new lawyers who wish to do the
commercial practice to provide permanent registration; all the fresh graduates
in the respective specialisations or in any general subject should be attached
to the local police stations and the courts to get practical exposure in
dealing with the cases; this method can be used for providing the free legal
counsel for the accused who do not have any legal aid also should be utilised
to monitor the police interrogation of the accused handed over to the police
custody by the courts.
40. NEED FOR REGULATING
THE LAWYERS IN THE COUNTRY; FIXING STANDARD FEES FOR THE CASES AND ALSO PROVIDING
RECEIPT FOR ALL THE PAYMENTS RECEIVED; ALL THE PAYMENTS ABOVE Rs 1000/- SHOULD
BE THROUGH BANK CHECK/ DD ONLY; NEED FOR MAKING IT MANDATORY FOR RETURN OF 50 %
OF THE FEES COLLECTED BY THE LAWYERS IN CASE OF LOSS OF THE CASE TO THE CLIENTS
40.1.1.
It
is very unfortunate that till date there no system in existing fixing the fees
of the lawyers; as a result the many of the lawyers are charging the fee as per
their will & wish, in addition some of the lawyers charge the fee per
appearance,/ per case as a result as and when the cases are adjourned the client’s
needs to pay the fee with the hope that after winning the case they will get
some relief of what so ever it may be; but again the other party who lost the
cases are going to higher courts based advise of their lawyers; in fact it may
not be a surprise that some lawyers are only surviving on just with few cases
over decades and the clients are becoming labourers from one a pone a time land
lords just fighting their cases in different courts eagerly waiting for justice
at the same time the lawyers representing them are become elite in the society.
Keeping in view of all these it is more ideal and appropriate that government
must fix the lawyers constituency free based on the education qualifications,
based on the experience, based on the court the lawyer eligible to represent;
based on the success of the cases; also the government must make it mandatory
that all the judges while issuing the judgements provide points to the arguments
and the more points party will win the case, as such points of both lawyers
should also be addressed to decide the merit of the lawyers for determining the
fees of the lawyers , all these should be provided appropriate weight-age and
the lawyers fee should be determined;
also government must make it mandatory that the bar council should supply the bar coded
printed receipt books for the lawyers to be issued to the clients on the
receipt of the fee; all the fee above Rs
1,000 (one thousand) should be accepted in the bankers cheque form or DD form;
all the monthly account statements should be submitted to the registrar of the
courts; also in order to do fair justice
to the clients government must make it mandatory that all the lawyers who loses
the case should return 50 % of the total fee collected to the client in the
form of bankers cheque of DD to ensure that little reprieve occurs to the
client , also this method will certainly make the lawyers to put extra efforts
in arguing as per the law to win the case for the clients; also government must
make it mandatory that all the cases should be permitted to be completed in a
fixed number of adjournments only based on the nature of the subject the
maximum number of adjournments is determined, this method will certainly deliver
the judgements in majority of the cases in a fixed time frame thus bringing confidence
in the people in the constitutional judicial system else people are approaching
the local goons, the mafias and the khap panchayats and the Maoists seeking
settlements and justice as people are fed up with the lengthy time taking of
the constitutional judgements and fed up with feeding the lawyers for decades
are not having pain in losing the much percentage of money but are able to get
the justice in quickly (of course
majority of the people are of the opinion that these un constitutional people
who are delivering the un constitutional judgements in most cases enjoy the support of the local police and
political support?????), since the number of such people seeking such un constitutional
justice are on the rise lot of anti social elements are on the rise as it
provides more profitable business without any big efforts expect doing the hooliganism
or violence, which is a dangerous trend and government must curb all such un constitutional
justice systems and establish confidence in the constitutional justice system
by delivering quicker and fairer judgements and fixing the uniform fee for the
lawyers and also return of 50 % of the fee on losing case will certainly boost
the peoples image towards the constitutional justice. Also this system will
certainly bring down the in equalities among the lawyers as some lawyers who
are less competent are become/ becoming multi billionaires where as some
lawyers who are brilliant with extraordinary talent are just struggling to earn
the daily expenses for their family needs, all such incidences can be
completely eliminated. All the above method on implementation will certainly
reduce the economic disparities among the lawyers, also provide equal opportunity
for all the lawyers; also due to fixed number of cases per lawyer will certainly improve the quality of the
trail and lead to fairer judgements
41. NEED FOR RATING/
GRADING OF THE LAWYERS BASED ON THE ARGUMENTS AND THE SUCCESS RATES IN THE
CASES; NEED FOR KEEPING THE CASES OF LAWYERS APPEARED AND ARGUMENTS MADE IN
EACH AND EVERY CASE ON DELIVERY OF JUDGEMENT FOR PUBLIC SCRUTINY; ALSO KNOW
ABOUT THE SUCCESS RATE OF THE LAWYERS FOR BRINGING ABSOLUTE TRANSPARENCY AND
JUSTICE TO THE VICTIMS APPROACHING THE LAWYERS; ALLOCATION OF PRACTICE TO THE
LAWYERS IN VARIOUS COURTS BASED ON THE SUCCESS RATE OF THE LAWYERS IN THE TOTAL
CASES; NEED FOR RESTRICTING THE LAWYERS BELONG TO THE IMMEDIATE FAMILY MEMBERS
OF ELECTED REPRESENTATIVES (MLA/MP) FROM REPRESENTING THE ECONOMIC OFFENCES,
CORPORATE CASES OR THE WHITE COLLAR OFFENCES OR PROPERTY CASES FOR ENSURING
ZERO SCOPE FOR BIASED JUDGEMENTS.
41.1.1.
It
is very necessary that the meritorious people are rewarded rather than people
with just PR skills managing the people and institutions to get the cases and dragooning the cases for
years together as a result only 1.5 % of the cases are getting convection of
the total 100 cases which is the main cause for the people looking for alternative un
constitutional justice systems; in order to ensure real justice to the people
as well as meritorious lawyers government must introduce the grading of the
lawyers based on the points raised in the argument of the cases and the
aggregate of the cases and the points obtained should determine the grade of
the lawyer; the authority to issue the points to the lawyers validity points
should be given to the judges; also all the lawyers winning the cases should be
given extra bonus points; also the lawyers won the cases in the higher courts
should be given more points; all the cases court wise and the points scored
should be clubbed and divided with the
total number of cases in each court and arrive at an aggregate point; based on
the points the grading of the lawyers should be made; it will be more ideal to
make five grades A,B,C,D and E grade. All the case histories as per the lawyer
wise and case wise should be kept online and the grading of the lawyers should
be kept online every year; also government must make it mandatory that all the
lawyers should be allowed to represent fixed number of cases in the courts
whether the lower or higher courts (irrespective of whether the lawyer
maintains the junior supporting lawyers or not- as after all lawyers are also
human beings and the span of attention may not be possible for more than few
number of cases and also lack of restriction on number of cases per the lawyer
these exists the un presidented delay in the cases as more and more
adjournments are happening due to lack of proper attention on the cases?????)
as such government must fix the maximum number of cases per annum an individual
lawyer can handle; also government should completely ban the lawyers who are immediate family members of the
elected representatives and also the immediate family members of the serving
bureaucrats of class one services on wards from representing the corporate
cases as well as the white collar offences and economic offences cases or any cases related
to property or monetary in nature in any of the courts or tribunals etc ; as
there exists every possibility of such kin and kith of the above section of the
people can certainly influence the judgements in some or other manner ;
42. NEED FOR EDUCATION
OF CITIZENS ESPECIALLY THE CHILDREN, STUDENTS, THE WOMEN BOTH WORKING CLASS AND
NON WORKING CLASS, THE DOWN TRODDEN PARTICULARLY SC, ST ABOUT THE
CONSTITUTIONAL SAFE GUARDS AND THEIR RIGHTS;
42.1.1.
It
is not a surprise even in the age of technology revolution majority of the
people are legal illiterates and hardly people know about their fundamental
rights, human rights, the child rights the right s and protection of women and
how to file police case etc etc; the structure of courts, as such government
must introduce officially the legal awareness as a part of the curriculum from
5th standard onwards and also conduct regular awareness camps (monthly one day
for at least one hour) in all the high schools, all the colleges and
universities all the offices both government and private and in all the mandal
head quarters and at the assembly of the SHG women etc on various issues and
simple method of avoiding getting cheated or getting assaulted or self
protection etc and legal rights and remedies how to punish the culprits etc
this awareness will certainly reduce the crime rate as majority of the people
are some fair idea about the methods of being cheated and also self protection.
43. NEED FOR
MAINTENANCE OF JUDGES RELIGIOUS HARMONY IN THE COURT AND IN THE PUBLIC LIFE;
MAKING IT MANDATORY THAT THE PRIVATE
VISITS OF THE JUDGES TO THE RELIGIOUS PLACES NOT AIRED/PRINTED IN THE MEDIA IN
ANY FORM
43.1.1.
As
we all know that the constitution of India provides the fundamental rights and
the right to religion is individuals choice; but in our country several other
religions are in existence with different viewpoints about other
religions; in these circumstances the
judges as at the liberty to visit the worship places according their belief in
the private life; but it will more ideal and appropriate that they should issue
the gag orders on the media not to air the private religious visits or write or
publish the photo graphs in the print media in order to protect the interest of
the every religion in the country to ensure that judges not biased towards any
religion; also it will be ideal if the judges visit/ appear in all religious
functions cutting across all religions rather than visiting only the functions
of a particular religion as there is every possibility that people may presume
that the judges are biased towards a particular religion.
44. NEED FOR SEPARATE
PANEL DOCTORS BOTH FROM GOVERNMENT AND PRIVATE FOR REGULAR CHECK-UP FOR THE
UNDER TAILS IN THE POLICE CUSTODY AND THE PRISON INMATES; THE CHECK UP MADE IN
THE GOVERNMENT HOSPITAL AND MONITORED BY DIFFERENT GROUP OF DOCTORS RANDOMLY
PERIODICALLY
44.1.1.
As
we all knew majority of the police in the country uses force like beating,
using the third degree methods to extract
the evidences or making the accused to accept the crime, also it become
a fashion for many elite accused under trails that citing the health reason to
come out of the prison and join either in government or private hospitals in
the city for experiencing normal life, in these circumstances in order to
assess the actual situation the government must constitute a committee of a
panel of both government as well as private hospitals to visit every day the
designated police stations as well as prisons to examine the under trails; also the government must make it mandatory
that all the under trails and accused in the police custody should undergo daily
twice the medical check up to ensure prevention of brutalities of the police
and also to protect the health of the accused on humanitarian grounds.
45. NEED FOR
MODERNISATION OF PRISONS AND FULL COMPUTERISATION AND CC CAMERAS IN THE PRISON
AT THE MULAKHAT AREAS, AT THE CELLS AT THE OPEN AREAS ETC ALONG WITH VIDEO
CONFERENCE FACILITY FOR THE UNDER TRAILS; NEED FOR INSTALLATION OF CELL PHONE
JAMMERS IN ALL THE PRISONS
45.1.1.
Since
most of the accused are in prisons as under trails (mostly accused in the rape
and murder cases or serious fraud cases of national importance as in case the
government make it mandatory to issue bail for all other cases as per the law)
the modernisation of jails especially the computerisation of jail records and
provision of high speed broad band connection and the video conference
facility; all the under trails should be trailed through video conference
facility this method will certainly reduce the pressure on the police to handle
the criminal accused in and out of the prison and also reduces the police force
and also the transportation costs and also the safety and security of the
accused under trails; also all the prisons should be installed with CC cameras
at different locations like at the entrance of the prison positioned in the
corners of the boundary walls, also at the mulakat place and also in the food
serving area and also at the corridors in the prison cells focusing on the
cells; also need to fix the large screen
television sets at the strategic locations like in the food
serving areas, at the mulakhat area and at the corridors to ensure and send a clear message to the
prisoners that the third eye is watching you constantly and need to behave
properly; and the feed should be online
transmitted to the head quarters in the district and also in the state head
quarters for continuous monitoring at three places i.e in the prison, at the
district head quarters and at the state head quarters and the feed should be
kept as a record for at least one year; also need to complete ban the carry of
mobile phones inside the jail premises by the jail staff (by keeping the mobile racks at the entrance
of the prison to get deposited the entrance and should mandatorily undergo
scanning and security check (at this point also the CC cameras should be
installed); in addition the government also should ensure all prisons are
equipped with the mobile phone jammers for compete prevention of use of mobile
phone in the jail premises; also the government must use the technology to
focus in the area of the prison for detecting the mobile phone signals incoming
or out going in the vicinity of the prison;
this method will certainly eliminate
any mis use of the prison as majority of the jails are likely to be
filled with high profile business men, politicians and the bureaucrats , thanks
to the RTI and the justice system as majority of the people who are become the
multi billionaires and milliners after liberalisation are certainly
beneficiaries of one or other way of systemic flaws which are committed by the bureaucrats
as well as the political class which are going to come in large number due to
the RTI activism in the county, thanks to the congress party and the congress president for brining the
change in the system and brought the correction in the system as it is
inevitable that the system has to be corrected one or other time.
46. NEED FOR
COUNSELLING OF THE PRISONERS; NEED FOR EQUAL TREATMENT OF ALL THE PRISONERS
EQUALLY COMPLETELY BANNING THE PROVISION OF SPECIAL TREATMENT FOR THE ELITE AND
UPPER ECHELONS OF THE SOCIETY WHICH IS NOTHING BUT EVEN COURTS EXHIBIT THE
DISCRIMINATION BASED ON THE INCOME STATUS OF THE INDIVIDUALS???
46.1.1.
It
is indeed shame of the nation that different treatment for different sections
of the people??? Even the courts are granting the special treatment for the
prisoners and under trails belonging to the upper echelons of the society
mostly belong to the elite and higher income group???? How far the rule of
natural law justifies this inequality treatment???? Crime is a crime, accused
is an accused irrespective of social or economic status ??? In fact the people
who are belong to the upper echelons and serving in the government or the
elected representatives or the celebrities must get more harsh treatment than
the common people with the same crime belong to the downtrodden???? As the down trodden might have done the crime for
earning bread and butter or since lacks the amenities and in the greed of
obtaining something quickly or due to lack of education and knowledge that has
to face the law, but is the case is same with the educated elite or they
ignorant and illiterate of law and consequences of offence – or they feel that
money power, musical power and their clout will ensure that they are scot free
after some time???? Do they are entitled for special treatment?????; As such
government must establish confidence in the system for all sections of the
people by erasing from the mind sets of the downtrodden that government must
provide equal treatment for all sections in the judiciary and law enforcement.
47. NEED FOR REGULATING
MEDIA IN CHASING THE ACCUSED FROM THE POLICE STATION TO THE PRISON TO THE
COURT; COMPLETE BAN OF AIRING THE OPINION / VOICES OF THE ACCUSED ONCE THE CASE
IS REGISTERED AND PRODUCED BEFORE THE COURT
47.1.1.
It is very unfortunate due to over excitement and over
enthusiasm that the presentation of breaking news by many electronic media and
some other modes of media are chasing the accused and interviewing the accused
from the police station to the court from to the prison; due this pro activism
of the media there are every possibility many small time criminals are doing
the crimes to get media attention; also there is a serious threat to the
criminals as well the investigation procedure; as such the government/ courts
must make it mandatory that the media should be barred from interviewing the
under trails (unless they are out on bail) and also chasing the under tails
before producing in the courts and during the transit journey to the prison or
during the at the entrance of the prison irrespective of the social status of
the accused; also the government must provide the CC camera footages of
the accused in the police station after
produced before the court through the video conference should be released to
the media by the district head quarters only for airing in the media to subside
the curiosity of the media and the viewers.
48. NEED FOR ISSUE OF
GUIDELINES TO THE MEDIA ESPECIALLY THE ELECTRONIC MEDIA NOT TO CONDUCT THE
MEDIA TRAILS; NOT TO CONDUCT THE DEBATES OR AIR THE ISSUES OR VIEWS WITHOUT
DOING INVESTIGATIVE JOURNALISM AS MAJORITY OF THE PEOPLE POSSESS THE RESPECT
FOR MEDIA AND HAVE LOT OF HOPES ON MEDIA AFTER THE COURTS AS FAR AS GETTING THE
SOLVING THEIR ISSUES EITHER PERSONAL OR COMMUNITY AS A WHOLE.
48.1.1.
Also
it is most important thing that the media both print and electronic media has
excellent investigative journalism capabilities ; because of this investigative
journalism many cases are un earthened
even before RTI came to existence; as such majority of the people possess
strong faith and hope in the media for achieving justice to them by getting
exposed in the media regarding the issues as such media being the fourth estate
has occupied such an importance after the constitutional justice system in
India; but in the recent past few years the quality of the media is being
completely eroded and media houses are becoming the cut & paste job of some
issues raised by some gang of few perverted intellectuals (GOFPI), the (most of the GOFPI people are know for their
self centred selfish acts without any real contribution to the society or the
people only getting the lime light due to excessive importance of the media
without providing/suggesting substantial tangible solutions to the issues,
simply misleading the innocent people with hopes that they are able to create a
new better life without any substance in them (without any mention of tangible
solutions certainly due to lack of originality and capacity to think in the
multiple dimensions of multiple issues- just making accuses on institutions and
government and individuals- no one will find fault if any one does the the RTI
activisms in the larger interest of the people) ?????- as political people/
business people irrespective of the party/organisation might have worked hard
for several decades to reach the positions and to get elected/ reached that
turnovers off-course some of them might have indulged in the corrupt practices
but by and large helped at least some people in their life ????? but is the
case is the same with the GOFPI people ????? the law should take its own course
on the corrupt- in case needs lawds should be emended or fight for appropriate
amendment of laws for fixing the maladies/ lacunas is more ideal way and can be
appreciated if any people do so) without actual gathering of factual using
investigative journalism (instead doing the reverse engineering to re
construct/ re establish the story based on the lines of the so called GOFPI
people); completely damaging the reputation of the individuals of different fields
and the institutions based on the words of the GOFPI people; also it is very un fortunate that
majority of the media trying to become the courts of law or the media news
presenters should not take the position of investigation, the prosecution and judges; it is indeed a dangerous
president being adopted by media; (many people in the bureaucracy and the
government or political class certainly possess some fear for media after the
fear for the god as a result the corruption or the crime rate is low; but due
to the excess of the media without investigative journalism or only discussions
of so called “ tu tu mi mi” type of discussions making the mockery of the
importance and respect of journalism and also the journalists try to occupy the
space of the institutional judiciary is very sad state of affair, also even for
the pests in the agriculture field if repeatedly uses the pesticides over dose
without going to the toot case the pests will get resistance and agriculture
production will hampered, the case is the same with the corrupt pests in the
institutions and government machinery and do more corruption????? (these are
views of some of the well respected senior media personalities in their
articles on different occasions); (also the government must ensure that the
media airing the views of the government officials, the ministers in the
government as exclusive ???? after all it is the duty of the media to bring the
facts to the public as it being a powerful medium of communication- else the
government should give gag orders that no bureaucrats or minister should give
exclusive interviews and only brief the media by the designated officials or
provide interview to all the media at same time????); it is high time that all
the media elders should gather together with large heart taking serious notes
of the losing respect in the people towards the institution and formulate
appropriate guidelines themselves to up hold the respect and and dignity of the
media in the people for better and efficient functioning of the system of the
governance and the society. As in order to keep the system in balance the role
of both media investigative journalism, and the journalism and the
constitutional courts are very vital.
49. NEED FOR COMPLETE
BAN OF AIRING IN THE MOVIES / TELEVISION SERIALS PROJECTING /SHOWING POLICE AS JOKERS AND ONLY
MOVIE HERO IS SUPREME AND HE CAN BEAT OR ABUSE THE POLICE OFFICIALS AND GET
SCOT FREE; CERTAINLY SEND WRONG MESSAGE TO THE SOCIETY ESPECIALLY TO THE YOUTH.
49.1.1.
It
is very unfortunate that the film censor boards allowing the movies and
television serials which have lot of impact on the society, the hero of the
movie beating and abusing the police officials to become a hero in the movie
and get scot free sending the wrong message that the certain people are above
law??? Also the same is happening in the
real life the so called celebrities even though involved in arms / drug abuse
cases are roaming free on bails where as much less intensity crime committed
under trails by a common people are slugging in the jails mercilessly without
any bail??? And all the heroes who are acting as local mafia or goons where the
police saluting them and police praising such heroisms of the goons/ anti
social element of the heroes in the films- how far these acts are justifiable????;
more disguising is the elected representatives and even ministers attend such
movies and praise the movie/ artist ????? just for the personal earning of the
actors and the directors and producers soiling the people especially the youth
to attracted towards the un constitutional authorities is how far justifiable
?????; as such in order to ensure all people have respect towards the law
enforcement agencies government must ensure new guidelines are issued to all
the sensor board to hence forth completely sensor such seans, also the
electronic and print media not to display the rushes of advertisement of the
movie with such seans before the censor certification; also the television
channels to get fresh certification of all the old movies before airing in the
television channels to remove such derogatory content about the law enforcement
agencies in order to establish confidence in all sections of the society
towards constitutional authorities and the law enforcement agencies.
50. NEED FOR ENACTMENT
OF STRINGENT SPECIAL LAWS IN VARIOUS SECTORS IN THE LARGER INTEREST OF COMMON
GOOD LIKE PREVENTION OF FOOD ADULTERATION, PREVENTION OF SPURIOUS MEDICINE,
PREVENTION OF CORRUPTION IN THE IMPLEMENTATION OF WELFARE SCHEMES MEANT FOR
DOWNTRODDEN ESPECIALLY SC & ST AND WOMEN & CHILD WELFARE, PREVENTION OF
DISCHARGE OF UNTREATED INDUSTRIAL EFFLUENTS IN THE LAKES AND ON OPEN LANDS
CAUSING SERIOUS ENVIRONMENTAL POLLUTION ETC.
50.1.1.
As
stated in my previous documents it is very necessary that government amend the
existing laws related to the prevention of food adulteration, prevention of
spurious medicine, prevention of corruption in the implementation of welfare
schemes meant for downtrodden especially sc & st and women & child
welfare, prevention of discharge of untreated industrial effluents in the lakes
and on open lands causing serious environmental pollution etc to ensure that in
the first place there will not be any scope for such wrongful acts; in case any
people wish to commit such offence the punishments are in such a manner that offenders are scare
to do such offences; unless such stringent laws and punishments are made it is not possible to completely
prevent violation of rules in the above sectors, leading to injustice to the
people.
51. NEED FOR CREATION
OF UNIFORM STANDARD FORMATS FOR DIFFERENT TYPES OF CONTRACT AGREEMENTS, WITH
UNIFORM CONTRACTUAL OBLIGATION OF SIMILAR JOBS, LIKE PROPERTY AGREEMENTS,
RENTAL AGREEMENTS, MORTGAGE AGREEMENTS, BANK LOAN AGREEMENTS, HIRE PURCHASE
AGREEMENTS, SERVICE CONTRACT AGREEMENTS, CONSTRUCTION CONTRACT AGREEMENTS,
SUPPLY CONTRACT AGREEMENTS, ETC ETC APPLICABLE BOTH BETWEEN ANY PARTIES BOTH
GOVERNMENT AS WELL AS PRIVATE FOR MINIMIZING THE SCOPE FOR LITIGATION.
51.1.1.
As
we all knew that majority of the litigations are due to the the flaws in the
contractual obligations or failure to act according to the contract agreement
in almost all the cases in various fields, as such government must make uniform
stand formats for various contractual agreements; like property agreements,
rental agreements, mortgage agreements, service contract agreements,
construction contract agreements, supply contract agreements, etc etc
applicable both between any parties both i.e between government – private or
private private of government and government for minimizing the scope for litigation. Also
all the agreements should be registered in the government with no validity for
non registered white paper agreements; government must issue of stamp papers
based on the nature of agreement with bar code for the validity and
authenticity of the stamp paper and the same can be verified online. Also where
ever the financial lending happens for housing, vehicle or mortgage loans etc
the bank accounts should be attached in the central banking network and the
loan availers and surety providers accounts should be frezeed and the central
banking system will not permit for further opening of the accounts and whatever
deposits where automatically attached, also the case is the same with the
property; only after 6 months the party can move to court to recover the money;
This method will certainly reduce the
future litigations can be minimized.
52. NEED FOR REVIEW/ RE
THINKING ON THE AFSPA AND THE SALWA JUDUM; ALSO NEED FOR SCRAPPING OF CAPITAL
PUNISHMENT PROVISION FROM THE CONSTITUTION.
52.1.1.
It
is indeed a very sad state of affairs that some acts of the government made in
the larger interest of the people of the country but unfortunately these acts
are dawning larger public criticism and huge outcry for gross mis use by the
concerned authorities of these acts, in these circumstances to justice to the
people which the only intention of the government in en acting such laws should
be reviewed for necessary corrections or withdrawal to do justice to all
sections, such acts includes acts like AFSPA, and Salwajudum, in fact the
government must making It mandatory
that the AFSPA comply on its face with the CrPC provisions for the use of
minimal force, arrest, search and seizure would only be a beginning step in
reducing the abuses committed under the AFSPA, ensuring Armed forces should not
be allowed to arrest or carry out any procedure on suspicion alone and all
their actions should have an objective basis so that they are judicially
reviewable. Also as directed by the Hon’ble Supreme court on 5th
July 2011 the salwa judum as illegal ; which is really indeed a blunder
as per many experts especially the anthropologists and tribal activists as it
has the danger of culmination of certain sects of tribes (certain sects are
endangering), as every tribe has their own traditions and customs, using the
innocent tribal’s to kill the other tribal’s (Maoists in certain areas are
mostly perverted tribal youth), also the Maoists killing the salwa judum how
far justifiable???? – also there are many allegations that these salwa judum activists the so called
special police designated tribal’s are
being exploited by the regular police by their corrupt practices ??? in these
circumstances that government must ensure no such acts will be repeated in
future and scrapping the existing laws; these special acts whether to
completely regulate or withdraw these acts; also the government must make all
necessary appropriate amendments to the laws relationg to serious crimes like
terror etc and ensure only on specific information after confirming it with the
approval of the courts only should take it in custody, as there are many
innocent youth and people are being taken into custody under the pretext of
terror plot irrespective of religions; also government must en act the law that
it completely scrap the capital punishments in all aspects , only thing is to
keep in jail till the natural death occurs or
make the one life imprisonment
for one killing and for many killing that many counts of the life imprisonments;
as due the wilful or conscious or short tempered act of any criminal the entire
family should not have the mental torched for generations, India being god
respecting country, birth and death of the individuals should be decided by the
god only not the human beings, even thought people believe and respect the
judges next to god only but judges are not gods ??????; government must ensure
that capital punishments are scrapped.
53. NEED FOR SPREAD OF
THE MESSAGE OF PEACE AND FOLLOW OF RULE OF LAW FOR ALL CITIZENS BY EDUCATING
FROM THE SCHOOL, COLLEGE, FROM VILLAGE LEVEL ONWARDS
53.1.1.
In
order to inculcate peace and non valance government must make it mandatory that
every school college and every GP/ward should conduct programmes citing the
message of peace and non valance to achieve things; in addition also to spread
the message of advantages of following rule of law from the traffic signals to
many and also the negative impacts in case non follow of the rule of law; all
this on spreading repeatedly will certainly reduce the crime cases and also
improves the law and order to a great extent.
54. NEED FOR FIXING THE
STRINGENT PUNISHMENTS FOR THE PERSONS IN GOVERNMENT BOTH BUREAUCRATS AS WELL AS ELECTED
REPRESENTATIVES(LAW ENACTING AND LAW
ENFORCING AGENCIES) FOR VIOLATION OF ANY BASIC LAWS OR FOR CORRUPT PRACTICES OR
FAVOURITISM OR BIAS WITH PUNISHMENTS DOUBLE TO THE CASE OF NORMAL PEOPLE IN
SUCH INCIDENCES
54.1.1.
As
we all knew that law should be equally applicable to all citizens of the
country, ensuring all people obey the law;
but un fortunately that most of the elected representatives, most of the
bureaucrats are serious violators of law who are indirectly setting the
precedence that anybody can violate the law as these elected representatives
has lot of followers who are also following the footsteps of the elected
representatives; the law violations include traffic rules violation, toll tax violations, smoking in the public
places, barging in police stations to set their chelas free without production
in the courts etc etc; since these
people are the icons who are representatives
or serving large section of people should behave more responsibly; in
order to ensure such responsible behaviour from the above class of people the
govern must ensure levy of heavy fines and double the punishments rather the
normal citizens ; this method will certainly reduce such volitions and keep the
spirit of equality of law for all sections of people.
55. NEED FOR SOCIAL
JUSTICE AND SOCIAL EQUALITY IN THE POLITICAL SYSTEM AND ELECTORAL SYSTEM FOR
ENSURING BETTER SOCIETY AND FAIR JUDICIAL SYSTEM IN THE COUNTRY AS PARLIAMENT,
ASSEMBLY AND THE ZILA PARISHADS HAVE THE POWER TO FRAME LAWS FOR NATION STATE
AND DISTRICT; BUT UNFORTUNATELY MOST OF THE LAWS MADE TO THE CONSTITUTION ARE
VEILED BIASED TOWARDS THE ADVANTAGE OF THE UPPER ECHELONS OR A PARTICULAR
SECTION OF THE PEOPLE UNFORTUNATELY TO BECOME A MEMBER OF SUCH AUGUST HOUSES
THE MINIMUM ELIGIBILITY CRITERIA IS EITHER AN ELITE OR UPPER ECHELON OF THE
SOCIETY OR MOSTLY BELONG TO THE POWERFUL UPPER CASTES OR MOSTLY BELONG TO THE
DYNASTY HISTORY (EXCEPTIONAL TO PERSONS BELONG TO FREEDOM FIGHTERS FAMILY FOR
PROVIDING DUE RESPECT FOR THE FREEDOM FIGHTERS)???
55.1.1.
In
addition to the issued and concerned raised in my document emphasizing the need
for reforms in the electoral system for ensuring absolute social justice and
social equality and only through which the country can be made corruption free
to a great extent.. it is very much needed the electoral reforms for delivering
absolute justice to the people of the country as courts are mere protecting
agencies what is written in the constitution; but the constitution itself is
framed by the parliament, the state assemblies, but most unfortunately the
resent two decades over 65 % of the parliament are ultra rich with average
assets of the each parliamentarian is Rs 25 cores, and the
political parties are composed of mostly upper caste and upper echelons of the
society with exception to SC & ST in the electoral fray as the constitution
provided mandatory reservations for the system, except that majority of the
political parties does not have social equality or social justice as within the
party forum from the village level to state level for the regional parties and
to the national level to the national parties there no sign of proportionate
representation in the party forum as per the percentage of caste population
specially the SC & ST and OBC, and even with states whose is 2/3 population
is SC & ST is doesn’t not contain a State party unit head from these
communities nor the district heads nor he block heads as per the percentage of
population???? Is this the democracy prevailing in the country even though
constitution provides right to equality and social justice??? most
unfortunately the situation is more or less similar in all parties?????; do
these political parties think that the downtrodden sections does not have the
calibre or ability to lead the party in the respective or the talent and
ability is only lies with the upper caste upper echelons of the society and
people with history of dynasty (with exceptional to the freedom fighters families
with due respect to the contribution of their family elders in achieving the
freedom to the country); if party wise, state wise, district wise and block
wise white paper is asked for the situation is almost the same????? Congress
party has done maximum compared to all other parties as it provides internal
democracy to express and also recently changing to electoral system of
representation in the party – courtesy & thanks to the only youth icon of
the congress party- hoping will bring more reforms as needed- required more
transparency and inclusive growth along with opportunity for all sections from
village to national level; Also majority of the parties offer the tickets for
contesting the election only for the people with money power??? But the country
having over 30 % of the population belong to the BPL families and another 30 %
belong to the low & low middle income group and the high income group is
less than 10 % in the county and the number of milliners are less than 1% of
the total population and number of billionaires are less than 0.02% population
but most un fortunately all most all political parties are murdering the spirit
of democracy by total patrician in nature while allocating the tickets to only
1.002% of the population i.e the billionaires and the milliners to contest the
assembly as well as the parliament elections, all the political parties are
certainly ensuring the level playing field in this aspect by fielding their
candidates almost having equal wealth in the electoral fray??? (if really all
the political parties are interested in the democracy they follow the procedure
of selecting the candidates based on the inputs and preferences of the cadre at
the village/wads as well as up to the district level n the respective Legislative
or Parliament constituency – certainly not based on the reports of the selt few
individual leaders ?????- also is the right to enact laws for the down trodden
or the welfare of the down trodden lies only with the billionaires and
milliners, do they knew the problems of the downtrodden well or the families of
the down trodden ???????? it is high time all the political parties to through
introspect regarding this aspect ???????????) It is mainly due to the lack of
the mandatorily law ensuring all political parties should have proportionate
representation within the party as per the percentage of population and also as
per the percentage of income group (the law should be enacted to achieve level
playing field in the political system and betterment of income groups); in
addition the allocation of tickets should be certainly based on the percentage
of population and the percentage of income group can only and only bring the
real justice to the nation till such thing happens the justice system is
nothing but a mere name sake justice as the parliament which enacts the laws
are filled with business men and people with business interests and those
people telling and talking about the welfare of the common people is nothing
but bluffing the people through such august houses ( as many people think that
as most of the MP’s with business back ground has certainly hidden agendas in
taking about development programmes for down trodden like project constructions
for the irrigation or roads building etc only to make more turnover to their
companies or their kin & kith or proxy companies turnover) ????????? (but
many people express heartfelt thanks to the Congress President and Youth Icon
in bringing the RTI & MNREGA and
other welfare programmes which are indeed a great help for millions of the
people to survive and seek justice) As the statistics shows that the average assets of 304 MPs who contested in 2004 and
then re-contested in 2009 grew 300%! Which are declared white money than one
can imagine the about the real assets???? Whereas the poverty line is almost
the same and the average income of the people is below Rs 26 par day????? The
government must ask these MPs to revel the growth formula to be thought to the
common people as well as business people to become rich with such a percentage
of growth as our countries economy is growing only in single digit percentage????
It is a fact in the developed nations like USA the MPs are allowed to earn only
15 % more than their salary income. ; also majority of the political parties
are autocratic and feudal system prevailing in the mask of democracy, where the
congress party is far better as it has the tolerance for internal democracy and
expression and also the youth icon of the party is trying to establish the
internal democracy in the party by introducing the election system within the
party forum, but what is needed is to ensure equal opportunity for all sections
of the people and certainly bring more
transparency and proportionate representation and income group representation
will certainly bring the desired objective of party. Only by the reforms in
electoral system, and political parties ensuring will be able to deliver
justice to all sections of the people irrespective of judiciary.
56. CONCLUSION
56.1.1.
Justice
system in our country is prevailing from time immemorial as our mythologies
depict the existence of justice system, but in the modern India in spite our
constitution being the biggest and widest written constitution safe guarding
the interests of the individuals even minutely ensuring justice to all section
of the people, but due to the lack of proper planning of the justice delivery
system majority of the people in the country “JUSTICE IS DENIED” as in our constitution
makers them self expressed justice delayed is justice denied????; it is really
indeed a shame on our governments which allowed our justice system to reach a
level of almost near to failure as the total pending cases in the country are
over 2.5 crores in the subordinate courts up to the district level, and over 45
lakh cases are pending in the 21 high courts and over 60 thousand cases are
pending in the supreme court of India, also every year over 14 lakh cases are
getting registered of which over 10 lakh cases are disposed with only 1.5 %
of the cases are convicted; this number of cases is mainly due to under
utilisation of the police force and
failure in the creation of the fear for law in the criminals, also the is
delay is mainly due to lack of proper investigation on the part of the law
enforcement agencies due to lack of proper training and facilities, all these
leading to the rise of un constitutional, illegal and illegitimate justice
systems like goons, mafias, the khap panchyats, Maoists etc are in existence
and are flourishing as people are opting for speedy justice even thought they
knew that they are in danger by going to the un constitutional people, as such
it is high time for the governments to create the confidence in the constitutional
justice system and also to completely eliminate such un constitutional
activities, as such government must first focus on the revamping of the police
system as the police system is the back bone of the entire justice system; as
such the police system should be streamlined, all the police stations should be
divided according to a particular crime like the economic offices police
stations, the police stations for women and children with bifurcation for
domestic valance and divorce cases, the prostitution cases, the child abuse
cases, the child labour cases, the police stations for the traffic with
bifurcation of traffic violations, the road accidents, similarly for the murder
cases, the theft cases, etc ; and the cases rated to the main charge in that
FIR should be dealt by that particular police station/ department in the mandal
/ district; all the police stations should be computerised and integrated as per the crime and criminal tracking network
authority CCTNA programme of the government; also all the police stations
should have the Video conference facility; also making the facility that any
police station in the country can register any case soon the victim arrives and
issues the FIR, but the case should be immediately transferred online to the
concerned state/ district/ the concerned subject police station of that
particular jurisdiction; also all the police stations should possess the CC
cameras at the entrance, at the officials rooms, at the lock up and the feed
should be transmitted to the district level officers for monitoring, also to
the state level authorities for record and monitoring; this will ensure all the
police are alert all the times, all the accused are not subjected to verbal
stangs, and beating and prevent use of third degree methods, making such methods
on the accused as a criminal non bail able offence on the police, also to keep
the boards with message that people who beat the accused or uses the
mother and sister stangs expressing that they do not posses respect for the
mothers and sisters who are termed in English as BAST**** DS will certainly
bring a change in the police otherwise majority of them are acting as the
licence goons and believing that the
accused are like the animals and only beating and using stangs and using the
third degree methods only can be able to get the required information
completely lack of psychological techniques to gain the information and do re
construction of the crime; (even using these slandered methods they are unable
to produce proper evidence as a result
over 1.5 crore criminal cases are pending out of the total 2.5 crore
cases in the subordinate courts???); as such government must train the police
according to the crime and also according the specialised police stations and
also thought about better methods of extracting the information without using
force or slender language, also the government must enhance the total number
police in the intelligence and all round investigation; also the government
must make it mandatory that security for the so called VIP should given only on
payment with exceptional to the constitutional authorities and national and regional political party heads
based on the need, also government must completely ban the police as security
or bandobust for the political meetings, functions of the so called elite and
complete ban of the government security even for the ministers or leaders
visiting the private functions, all the security should be charged heavily,
also government must restrict the possessions and darns to a designated area in
limited numbers and also only few possessions and darnas per month allowed by lottery system except
for the recognised political parties who have representatives in assembly or assembly with at least secured 5%
of the total votes polled in the previous general election, also to charge
heavily for such possessions for wasting the man hours due to traffic jams and
congestions and contributing to the environment pollution, also government must
increase the ratio of the police to the million population, according to the
area, also government must make permanent police out posts in every slum, in
every market place, in every tourist and
piligmerage place, in every bus station
etc and also making the police patrolling at random timing every day, also
providing the police with latest 3G mobile phones and the vehicles fitted with
the GPRS to track the movement of the police for ensuring the do the patrolling
and also all the police will use the vehicle only for the official purposes
only and also the establishment of social policing in every residential colony,
ever village and ward for assisting the
police to do better policing and also for the establishment of the friendly
approach with the people by the police; also the courts should be computerised
totally, the courts should have the video conference facility and also all the
judges should be provided with the 3G mobiles; also making it mandatory that
all the accused should be produced before the judge within one hour after being
detained or nabbed either personally produced or through the video conference
through the facility at the police station or through the mobile video
conference and the judges should
strictly provide bail for all the accused as per the law with only exception to
the cases of murder and rape; all other cases accused persons should be provide
the bail; also all the persons who got the bail should mandatorily ware the
radio tags for identifying the movement of the accused, also restricting the
movement of the accused based on the case seriousness stating from restricting
the movement from their house, their colony, their mandal or the district or
state; by constantly monitoring the movement of the accused in the computer
system of the police stations, and also the police out posts; also the courts
should be formed in the same manner as
the speciality police stations for various crimes; also to enhance the number
of judges from the present ratio of 10.7 judges per million population to 25
judges per million population and also to make the courts in two shifts one in
the morning the morning courts from 8 am to the 2 pm in the noon and the
evening courts from 2.15 pm noon to 8.15 pm in the evening and also the holiday
courts i.e courts working in Saturday and Sunday and other public holidays with
holiday only on the national republic day and national independence day;
ensuring courts work for 12 hours a day in two shifts of 6 hours each with
total working days enhanced from the present 220 days to 363 days in the year
will certainly reduce the pending cases and also improves the quality of the
judgements as the judges will get some extra time to go through the cases and
also certainly part of the pressure is relieved from the judges due to number
of judges; also the court’s jurisdiction should be restricted, with supreme
court only to deal with the constitutional matters, the interstate disputes,
all international matters and all the national defence and national security
matters only; and the full bench of the high courts are the final authority for
all other matters; also the cases should be randomly given the particular court
just 15 minutes before the hearing time to ensure that judges are not chosen by
the petitioners to avoid any scope for bias, also the judges appoint should
maintain the gender equality???? Also creation of special celles in courts from
district level onwards for su-moto cases and PIL’s and also creation of human
right courts in every district and also drawing clear lines on judicial
activism ensuring every part of the government system i.e the executive, the
legislature and judiciary should be confined their respective boundaries; Also
all the prisons are computerised with video conference facility, all the
prisoners should be trailed mostly through the video conference facility, which
will certainly have multiple advantages as it reduces the use of number of
police t protect the accused under trail also the saving on the costs and also
reduced safety risk for the under trails, also installation of the CC cameras
in all the prisons at the entrance and at the food serving areas and at the
celles and at the mulakhat areas and also compete ban of use of mobile phones
by the jail staff by keeping a mobile safe to ensure all jail staff deposit the
mobile phones in the safe and also fixing of mobile jammers in all prisons and also scrapping the special
treatment for so called VIP prisoners ensures that all the under trails and all
the prisoners are treated alike; also there should be doctors panel comprising
of the private and government to check the health of the accused in the police
custody every day and also for the prisoners and the panel doctors should
change regularly, also all the under trails in the police custody should be
interrogated only in the presence of lawyers and in the camera only, all the
fresh graduates of law who are enrolled in the bar council should be made to
undergo mandatory apprentice ship in police station and assisting the justice
to the down trodden accused under trails and also the witness in cases of
police interrogation of the of the accused in police custody, also the law
education curriculum should be changed ensuring that all the specialisation
should be made at the degree level only about various subjects as per the
courts, also fixing the maximum number of cases a lawyer can attend in any
court in a calendar year, also making the data of the cases appeared, success
rate of the lawyer should be made online, also making it mandatory that all the
lawyers who are kin & kith of the elected representatives both serving and
on serving (MLA/MLC/MP only), also the senior bureaucrats both serving and
retired (all class one officers) should be barred from practicing the economic
offence, the white collar crimes, the property disputes, the service matters or
the corruption cases or the matters of the private business establishments
related to government like taxes or pollution or any licensing, matters; they
can practice all other cases other than mentioned , this method will
marginalise the bias in the system to a large extent, also the fee of the
lawyers should be fixed by the government based on the success rate and based
on the points provided by the judges on every judgement regarding the valid
points irrespective of the success or failure in the case, also the fee is
determined based on the experience, also making all the fee above should
accepted only through cheque and receipt for all the payments received and also
bar councils should supply the bar coded receipt books, and monthly submission of receipts to the courts , also making it mandatory that 50 % of fee to be returned to the
clients for losing the case, also making
it mandatory media will not chase/ take interviews and the interviews of the
under tails or the accused before or after procuring in the court , and on
obtaining the bail the media are free to interview and air the views if they
wish to do so, also media should mandatorily air any issue or programme after
thorough investigative journalism and keep the debates accordingly for the opinions
and compete ban of the airing of the programmes based on the presentation of
the GFPI people i.e Group of few perverted intellectuals and air it damage the
case as well as reputation of the individual / institution and then doing the reverse
engineering to establish the claims of the GFPI
views or expressions , also making it mandatory ban of the viewing in
the movies degrading the police and the judicial system and encouraging the un
constitutional justice system in the form of hero being a mafia don or goon????
Also complete ban of media airing/ printing the private religious visits of the
judges for maintain the communal harmony,; also the government must make it mandatory
the controlled use and accountability for all the technology users by making it
mandatory that all the individuals who users the internet having e mail ID and
other social accounts should register with the government though affidavit with
provision to add or delete their accounts online up gradation of their account
the affidavit should contain all the e-mail, ids, all the id of social services
and also all the mobile numbers, for this government must create an
establishment i.e the information technology and communication users data bank
authority (ITCUDBA) in every district, all others who doesn’t provide should be done
ethical hacking on regular bases by government for non disclosure, the
mandatory disclosure for all the politicians, all the employees both in government and
private; also issue of user cards for
public internet users in the cyber cafes on obtaining the id proof this will
certainly marginalise the cyber crimes
and also easy to track the criminals; also the government must make it mandatory
installation of the CC cameras in all
the government offices and keep the feed for one year, this will ensure that
all the staff will behave responsibly, and also attend the office in time and
leave the office in time, also the work efficiency will certainly get improved;
Also making standard formats for all the agreements for rental, sale deed, hire
purchase or supply or contract management, or employment ensuring the uniformity
throughout the country in all the sectors one set of appropriately to reduce
the scope of litigation and reducing the
number of cases; Also creation of awareness in the schools, colleges and other
in all offices and villages and for the SHG women about the legal terminology
and the legal rights and constitutional protections etc, also amending the laws
to provide the punishments double for crimes committed by the people in
responsible positions like all the elected representatives and all the
bureaucrats and all educated corporate business people, Also review of the
special laws like AFSPA, salwa judum etc and ensuring all these acts are used
judiciously without any scope for the mis-use of the law by any means ensuring
that no individual based on the religion should be targeted without any
specific concrete evidence; also bringing the electoral reforms ensuring all
the political parties maintain the social equality, social justice and gender
equality in the organisation at all levels and also in allocating the party
tickets at all levels of electoral system from village panchayat to the
parliament, proportionate to the income groups in that area / and also
proportionate to the castes and proportionate to the percentage of gender in
that level of party as well as the electoral system as these MP/MLA/zilla
parshad members have the power to frame laws and shockingly only multi
milliners and billionaires are the criteria to get party tickets and enter the
august houses to become more rich in the pretext of welfare of the masses???? , unless the real
people who are the suffers are the part of the law making process the country’s
system cannot be possible to get changed and in justice will prevail and unrest
will grown and more crimes will occur without any advantage of the above
discussed reforms??? As such government must make the above reforms in addition
to the electoral system to deliver justice to all ensuring the country progress
in the positive economic growth enjoying the peace at all times. All the above
measures on implementation will certainly make all the citizens behave
responsibly and think rationally and contribute to the peace and harmony and
progress, growth in every aspect of the life in the people of the country; also
making our country an example for other nations in the world keeping our
country and contribute for the betterment of whole humans and creatures in the
World
***
JAI HIND
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