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Welcome to the Sikh Vichar Manch-Thought Provoking Forum for Justice

 
 

 
What powers the President of India

or

Judiciary has? 

Sikh Vichar Manch 

What powers the President of India or Judiciary has? When in India like country where a peon, clerk, an associate of politician and other mediators like them acting as conduits / pipelines/ mediators in administrative corruption is earning more than President of India, what to talk of reforms alone in judiciary? But who cares?  

Learned Justice V.N. KHARE, the former chief justice of India rightly concerns regarding the police as the investigation agency. The personnel involved in law and order should also not have to investigate and produce evidence in the court. Our police tends to be insufficiently trained, influentiable and corrupt.  

As a short-term solution, separate the investigative and law-and-order wings, and create an exclusive cell for investigation with trained personnel for probing any type of situation with modern technology. This cell should be soon become an autonomous body. Even the convictions that do happen involve the poorest of the poor, who cannot afford an expensive lawyer. Obviously, the big fish tear the net of the law and escape.  

This speaks volumes about the prosecution’s efficiency, which should be a separate cell, comprising equally trained, modern, sophisticated lawyers. According to him, in such a situation, it may take years before the pending cases are disposed and new cases heard, by which time there would be more new cases to be tackled. 

It is not just the cases involving the Jessicas, Zaheeras, and Priyadarshinis which need to be resolved, but the lakhs of cases involving the poorest of the poor. The Indian Express, CHANDIGARH, Tuesday, March 21, 2006. 

It is now in the open knowledge of all that the politicians and administration are not in favour of bringing any reforms and they are only interested to maintain the above stated status quo of corrupt state of affairs in India.  

Balbir Singh Sooch-Sikh Vichar Manch, LUDHIANA

Email: sooch50@hotmail.com 

IN RE: Cops accused of extra judicial killings to be protected 

Jupinderjit Singh

Tribune News Service

Phillaur, March 21 

http://www.tribuneindia.com/2006/20060322/punjab1.htm#7 

"The proposal to save from prosecution the police officers and police cats who used “out of the box” means to fight terrorism", shall be like advising the whole World not to adhere to any 'Rule of Law' and principle of natural justice for safeguarding the cruel, corrupt rulers including insufficiently trained, influentiable and corrupt police at the cost of the poorest of the poor as is the practice in the "largest democracy" of the World i.e. India. 

It amounts to inviting the terrorism by further encouraging the State terrorism and the suppressing the voice of people for justice for ever.  

Please do log on:  

http://www.sikhvicharmanch.bravehost.com/CONFIRMED.html 

And read the important guide lines for reforms as suggested by the jurists of great caliber.

With regards to all

Balbir Singh Sooch 

INDIAN JUDICIAL SYSTEM CORRUPT    REPEATEDLY CONFIRMED 

Judges do not come from another planet — they come from the same stock as the rest of society and actions of some of them do bring shame to us. 

Judged by higher standard 

Rajindar Sachar, former chief justice of the Delhi High Court 

http://www.indianexpress.com/story/420.html 

http://www.indianexpress.com/story/461.html 

http://www.indianexpress.com/story/418.html 

AS TO WHY SAME LAW SHOULD NOT APPLY TO INDIAN POLITICIANS AND THEIR ASSOCIATES, NGO, BUREAUCRATES, POLICE OFFICIALS AS WELL AS ALL GOVERNMENT EMPLOYEES WHO ARE BREEDING CRIME, CORRUPTION, LAWLESSNESS IN SOCIETY IN ACTIVE  CONNIVANCE WITH CRIMINALS FOR THEIR OWN GREED? WITHOUT IT THE TALK OF JUDICIAL REFORMS IN ISOLATION IS ONLY AN EYE WASH AND MEANINGLESS. From this observation, it can safely be concluded that present Indian government is also not sincere to bring reforms in totally corrupt and polluted Indian system. 

Proposed Reforms At Glance:

1.         Judges will have to declare assets, when they take oath and each successive year until their retirement.

2.         Ban on the judge to handle any judicial work (i.e he cannot hear any case) against whom a complaint and inquiry are pending until he is found not guilty by the NJC  

3.         The Chief Justice of India (CJI) will be the ex-officio chairman of NJC which will comprise four other members, all of whom will be SC judges next to the CJI, in seniority order.  

R VENKATARAMAN

Posted online: Wednesday, March 15, 2006 at 0000 hrs 

(a)    To have judges declare their assets, as envisaged in the National Judicial Commission Bill, could prove a seminal reform. It would go some way in achieving that goal of zero tolerance for judicial corruption.

(b)    In all these 56 years of the Republic, few wrong-doers have faced punishment or the ignominy of public exposure, even when credible evidence of misdemeanour has surfaced.

(c)    The high seriousness that the issue demands arises from the recognition that without a judiciary, there can be no rule of law; and without assured integrity, there can be no credible judiciary.

Citizen’s judge-Getting judges to declare their assets is principle whose time has come. We strongly endorse it-Editorial: The Indian Express, Chandigarh, Wednesday, March 15, 2006 

A National Judicial Commission (NJC). 

I have however certain reservations about the composition of the National Judicial Commission (NJC. I feel that, in addition to the chief justice and the three senior-most judges of the Supreme Court, there should also be the senior-most chief justice of a high court, so as to broaden the commission’s scope. In my view, the NJC must also include one lay person, to be selected by the PM in concurrence with leaders of the opposition in both Houses of Parliament. A retired judge of the Supreme Court could be a full-time member because sitting judges may not have sufficient time. It is necessary to breach the seal of exclusivity of the robed brethren and provide a whiff of fresh air. Indeed, information about prospective appointees may more easily be gathered by lay members of the NJC, because they are in closer touch with wider society than sitting judges who need to maintain judicial aloofness. 

Rajindar Sachar, former chief justice of the Delhi High Court

The Indian Express, Chandigarh, Wednesday, March 15, 2006  

The suggested reforms though are yet to take shape; in case these are not uniformly applied for all government servants then such reforms are very likely to create dissatisfaction among the government servants and shall be discriminatory and badly hit by the principle of natural of justice and fair play in gross violation of Rule of Law. 

From this observation, it can safely be concluded that present Indian government is also not sincere to bring reforms in totally corrupt and polluted Indian system.                                                                                   

Email:svmanch@gmail.com

sooch50@hotmail.com 

IN RE: INDIAN JUDICIAL SYSTEM CORRUPT- REPEATEDLY CONFIRMED 

Sardar Gurmit Singh jI – THANKS FOR Appreciation and relevant points raised

Dear Advocate Balbir Singh Sooch,

Sikh Vichar Manch,

Waheguru jee ka Khalsa  Waheguru jee kee Fateh

May Akaal Purkh bless you more courage, energy, strength so that you may continue to expose the hypocrisy of the Indian administration from Peon to President.

PREAMBLE to The Constitution of India says:
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE, social, economic and political;   LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity;   and to promote among the all  FRATERNITY assuring the dignity of the individual and the   unity and integrity of the Nation; IN OUR CONSTIITUTENT ASSEMBLY the twenty-sixth day of November, 1949, do HEREBY, ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUION.

Further details are incorporated under FUNDAMENTAL RIGHTS and DIRECTIVE PRINCIPLES OF STATE POLICY. Will someone check up whether Constitution defines "Nation"? In the light of Article 25 of The Indian Constitution, look at the recent judgement of the India Supreme Court that Sikhs are Hindus?

It clearly shows that these brahminical judges do not understand the gist of Preamble. Prior to 15 August 1947, British Rulers were governing through their Army, Police and ICS Officers whereas their place has been taken by the Brahmins' Manu Samriti, Hindutva, Defence Forces, IAS/IFS/IRS/IPS including Deputy Secretaries & above, Deputy Commissioners, District Superintendent of Police as well as thousands Ministers, MP's, MLA's and the like.

As Question is raised by Advocate Sooch, in accordance with the Article 14, if all are equal before law then all other laws should apply to the President, Prime Minister, Cabinet Ministers, Judges, Defence Forces, Police Officers, IAS/IFS/IPS/IRS Officials, Party Leaders, Jathedaars, SGPC Members, so-called Sant-babas, Heads of other religions/cults/sects, etc. But Criminal laws, Taxation laws, are applied according to the status of a person or to whom you know? The Indian Constitution is like a window-dressing for the world to see that it is the largest democratic country though more than 50% population has been living in remote villages as slaves of Hindus. Now India has become a NUCLEAR POWER and at any moment it can create havoc like Hitler?

Thanks for your volunteer services to protect Human Rights of all. 

Gurmit Singh (Sydney)

 
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