Wednesday, September 1, 2010

Ruchika case HC dismisses Rathores appeal

The Pioneer > Online Edition : >> Ruchika case HC dismisses Rathores appeal: "Former Haryana DGP SPS Rathore would have to undergo his 18-month prison term with the Punjab and Haryana High Court on Wednesday dismissing his plea challenging the sentence awarded to him for molesting 14-year-old Ruchika Girhotra about 20 years back."

Sunday, August 22, 2010

CJI leads by example No trips abroad on court days

The Pioneer > Online Edition : >> CJI leads by example No trips abroad on court days: "No foreign trips for judges during court days. This is the latest missive from Chief Justice of India SH Kapadia, who has himself set a precedent in this regard.

The Chief Justice refused to attend an international conference, organised by the International Law Association at The Hague between August 15 and August 20. Being the president of ILA’s Indian Chapter, the CJI is an official invitee at the biennial event and CJIs in the past have never missed attending the conference, even when it fell on days when the court was in session."

Tuesday, August 17, 2010

Man battered ex-wife over Facebook taunts

BBC News - Man battered ex-wife over Facebook taunts: "The day before her death, Miss Beverley's Facebook profile was updated to say: 'Now whose laughing? U've got done big time by the CS, so now leave us alone for good, your son hates u and so do I.'
Hours before the victim's death, Mann telephoned the CSA saying he had no money and would not pay, said Mr Donne"

Tuesday, July 6, 2010

The Hindu : Opinion / Op-Ed : Judges and judgments: a correctional inquest

The Hindu : Opinion / Op-Ed : Judges and judgments: a correctional inquest

V. R. Krishna Iyer writes: The Union Carbide facility to produce a lethal gas was installed in India without due safety tests or experimental checks. It was a U.S. corporation and a multinational that was involved, and it could walk through to India as if the country was a mere dollar colony. The catastrophic leakage was the biggest industrial disaster in history. A Bhopal tragedy of Hiroshima magnitude — I call it a ‘Bhoposhima' calamity caused by ‘gasassination.' According to some estimates, around 20,000 people died in the tragedy.

In the first place, the government was grossly negligent in permitting the installation of the unit. A mega-criminal case came up, involving charges under Section 304 of the Indian Penal Code. But a pachydermic court, at the level of the Supreme Court, without care or conscience reduced the gravity of the offences to those involving Section 304A of the IPC. The accused corporate, UCIL, and Warren Anderson, its Chairman, were not prosecuted. When the Chairman came on a visit soon after the tragedy, he was promptly given bail and he went home.

O, the pity of it. How frivolous was the prosecution that ended in lesser officials of the company being sentenced to two years' rigorous imprisonment. A Himalayan offence ended in a molehill sentence. The state — which is also a suspect in the bargain — settled the case under its unknown unlimited power of patria potestas — no more future cases, no more cases from the same catastrophe. The shocking settlement made a mockery of the Indian Penal Code. No real compensation has been paid yet. The law is not merely an ass, but verily a barbarian in this instance. Social justice and economic justice in the Constitution would seem to have become frivolous phrases in this context.

The Hindu : Opinion / Op-Ed : Judges and judgments: a correctional inquest

The Hindu : Opinion / Op-Ed : Judges and judgments: a correctional inquest

The Union Carbide facility to produce a lethal gas was installed in India without due safety tests or experimental checks. It was a U.S. corporation and a multinational that was involved, and it could walk through to India as if the country was a mere dollar colony. The catastrophic leakage was the biggest industrial disaster in history. A Bhopal tragedy of Hiroshima magnitude — I call it a ‘Bhoposhima' calamity caused by ‘gasassination.' According to some estimates, around 20,000 people died in the tragedy.

In the first place, the government was grossly negligent in permitting the installation of the unit. A mega-criminal case came up, involving charges under Section 304 of the Indian Penal Code. But a pachydermic court, at the level of the Supreme Court, without care or conscience reduced the gravity of the offences to those involving Section 304A of the IPC. The accused corporate, UCIL, and Warren Anderson, its Chairman, were not prosecuted. When the Chairman came on a visit soon after the tragedy, he was promptly given bail and he went home.

O, the pity of it. How frivolous was the prosecution that ended in lesser officials of the company being sentenced to two years' rigorous imprisonment. A Himalayan offence ended in a molehill sentence. The state — which is also a suspect in the bargain — settled the case under its unknown unlimited power of patria potestas — no more future cases, no more cases from the same catastrophe. The shocking settlement made a mockery of the Indian Penal Code. No real compensation has been paid yet. The law is not merely an ass, but verily a barbarian in this instance. Social justice and economic justice in the Constitution would seem to have become frivolous phrases in this context.