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Indian lawyers begin unrest against amendment in Cr.Pc
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by tallison | January 16, 2009 at 09:06 am
968 views | 0 Recommendations | 6 comments
The Bar Associations of North Indian states compromising of states of Uttar Pradesh, Uttaranchal, Himachal Pradesh, Punjab, <?xml:namespace prefix = st1 />Haryana, Jammu and Kashmir and Delhi have announced complete strike on January.19. 2009.
This is the first coordinated effort by Bar Associations of India to oppose the Bill which seeks to amend section 41 and section 309 of Criminal Procedure Code of India.
Different bar Associations in India has been resorting to strikes, quite now and then for the last couple of months.
Circulars and Bills issued on respective Letter heads of Bar Associations, warns of strict action if any lawyer were to be found violating the call of strike.
The lawyers of whole of India would again go on strike on Feb, 3.2009.They have announced nation-wide demonstration and protest marches and street corner meeting against the Bill on 18 Feb, 2009.
Mr. Alit Make, the Urban Development Minister, who once belonged to legal fraternity, in an interface with lawyers held at Partial House courts Delhi on 15Jan 2009 vowed to take up the issue with his colleagues in the Cabinet, the prime minister, and the president of India against the proposed Bill.
The Bill takes away certain categories of offences under sections 41 and 309 Criminal Procedure Code of India, which gives mandatory arrest power to the police.
Among the grouses of the lawyers is that the law if enacted will eat into their work substantially reducing their income. A sizeable income of the lawyers is generated by Bail related works.
According to the proposed amendment it would not be mandatory for the police to arrest the offenders involved in theft, assault, dowry related cases, chain snatching, and child abduction, pick-pocketing, stabbing, infringement of copyright and trade marks.
Human rights groups say that sweeping power of arrest in a poor country like India where 800million people some how manage to earn Rs. 20/- per day, the power punishes the delinquents and their dependents too harshly.
Thousands languish behind bars or tears an ends even after courts have ordered their release, because they are not able to arrange the security which usually Rs. ten thousand equivalent to 200 U.S dollar.
Lawyers say this will lead to spurt in crime.
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Most RecentMost Recommended Comments (6)
at 03:27 on January 19th, 2009
It is a good move.... I know that many lawyers have been badly misusing bail matters to extort money from their innocent clients who are falsely accused of 498 A or related laws...... The bail cases are badly pulled and the poor client is dessicated of all his money ...
Moreover, many of such victims of misuse of law don't even know why they can't get a bail when even murderers get it?....
On the name of these 498 A cases, police arrests hundreds of men, women and even children withought any evidence and they have to go through serious physical, mental and financial trauma.... With this at least the police will have to give a record of the evidence they have... against the accussed who generally in such cases are very innocent common people.....
at 03:32 on January 19th, 2009
Moreover, if they say that it will be lead to increase in crime.....well, I can only say that they are torturing hundreds of innocent people ...isn't that a crime?..... When will they be punished for ruining the lives of hundreds of innocent men, women, sick and elderly people and even children?
So, particularly for the Dowry Laws, the amendment should be applicable no matter howmuch such people protest against the amendment......
at 07:49 on January 19th, 2009
I can't help concuring with you,Advocacy has become a license for blackmail and extortion.
Unscurplous, thugs and criminal procure law degrees somehow and use the court premises and facilities as safe haven. Now these element have become a danger to the lawyers themselves, they scour their targets among the lawyers.
Many of them function as muscle men to scare and intimidate lawyers withing the precinct of the courts for a price.
at 00:48 on February 10th, 2009
This is surely a welcome step. Is it not known to everybody that lawyers and judiciary were looting like anything just beacuse that a common man doesnt want to be arrested by police in public view.
the recent comments from supreme court that " the lower courts are rotten" points to the same.
at 02:45 on February 10th, 2009
I believe that taking the power away and to issue to notice to the accused persons is the serious move from the legislature. Indian executive system is already been known for its favourism, dictatorship etc, these amendments is being seen as another weapon in the armory of police personnels.
As far as the wrong arrests by police is concerned measures should be made to consider that perspective and not to get rid of every thing.
Truly, balance is required to set up.
at 08:15 on February 10th, 2009
The new amendments in the Cr.Pc however good is bound to fail, if judges continued to act mechanically, traditionally and on personal tastes and biases oblivious of the spirit of the law, the objects, the makers of the laws had in their mind, principles of equity, good conscience and natural justice.
The previous law required the police to act blindly i.e. register F.I.R, arrest the accused and investigate, and the judges to scrutinise and be the watch dogs over the police but that rarely happened. In reality judges started applying non standardised self made thumb rules, bent upon denying bails. The mandatory power of arrest and non application oc mind on the part of police has destroyed life and reputation of millions of Indians.
In the year 2007, 2,800,000 people were arrested and 700,000 convicted.
Those who file false cases rarely get punished because of the defect in law which has not been addressed yet. Victim can go ahead for malicious prosecution only if judge declares the allegations false and frivolous.The judges started keeping the accused innocent or guilty behind the bars, by way of punishment randomly by denying them bails whereas Our Supreme Court ruled upteen times that an accused cannot be kept in jail by way of punishment by denying them bail.
The Idioms like “Good at giving relief” “Is not good at giving relief” “face value” “friendly court “and such are a part of everyday idioms used wholly in Bail related matters by all and sundry,.