*****"And if even a hundred people write to say that they are disappointed with the Judiciary for having failed to convict such a criminal, can the magistrate or the judge concerned fail to act? Can he ignore the force of public grievancess that the hundred letters represent..."
You've have accepted DNB's observation. But I think there is a tactical confusion.
Dear BB:
Thanks for your comments.
In fact I have accepted DNB's observation only the first part, ie the strength of the masses, and not for affecting the Judiciary but for affecting media, govt administration etc. I did not explained in details which my omission. In fact judiciary should not be influenced by the popular public demand. There is a danger. The Judges should be left alone in my opinion. But the law abiding people can affect the administration in a big way by uniteing and acting.
This is where we need some good NGOs. PPresently in Assam, there is no effective and creditable NGO worth the name.
Let us see what DNB suggests. i would suggest to form a NGO with DNB as the head. We NRAs can support. Like minded law abiding people should unite to resist evils. Mere intellectual debate will not solve the problem.
Like Gandhi said, mere goodness is not enough. Goodness must have a cutting edge.
Rajen
Rajen Barua/Houston
>From: [EMAIL PROTECTED] >To: Barua.Rajen.&[EMAIL PROTECTED] >CC: [email protected] >Subject: Re: [Assam] Is Law Important to Law-abiding Citizens? >Date: Thu, 21 Apr 2005 06:00:09 EDT > >Dear Rajen > >Nine out of ten for your dissection of DNB's essay. Like you I also felt >somewhat confused at the first reading of the article; then postponed hastily >writing something, while awaiting further comments from netters. > >*****"... The Judiciary is clearly to blame for no major politician ever >being convicted or punished for his crime since Independence....". > >You're right to conclude that bribery and other corrupt practices just >didn't originate during Mughal rule or the British Raj. Prostitution has been a >vice since the dawn of civilization. B A Salatore
in his book on Ancient Indian >Polity lamented the fact that adulterated milk was sold in India in those >glorious days of plenty. > >*****"And if even a hundred people write to say that they are disappointed >with the Judiciary for having failed to convict such a criminal, can the >magistrate or the judge concerned fail to act? Can he ignore the force of public >grievancess that the hundred letters represent..." > >You've have accepted DNB's observation. But I think there is a tactical >confusion. As I understand the judiciary in India on the whole functions fairly >and effectively. The lower judiciary may be corrupt to a certain extent. A >magistrate has to try cases according to law and procedure. DNB says that not a >single corrupt minister was ever brought to justice. This is not a fact. Both >Indira Gandhi and P V Narasimha Rao had to face
criminal proceedings >although at the end they weren't found guilty. George Fernandes, a former BJP >Defence Minister, was found not guilty (notwithstanding adverse comments) but he >faces another prosecution. There are other cases but I would have to spend >some time trying to recall them. A few days ago a very famous solicitor died in >this country who built up a reputation for defending famous criminals. >Well-to-do people can employ the best of lawyers and they can thus save themselves. >A judge cannot pass a sentence on public demand and on the basis of huge >public demonstrations. Presssurizing a judge would be an offence and it would >weaken the prosecution case. > >Submitting a petition, say for rebuilding an ancient monument or opening a >children's park, with as many signatures as possible, to someone in authority >is the usual thing to do
in UK but that is not how justice in courts is >dispensed. The FBI in America failed to bring Al Capone, the Mafia, to justice; he >was arrested for Income-tax evasion. In case of Assam, early this year one >alleged oil mafia was put into custody and as far as I know he is still in >jail although, according to law (as reported in the press), he should have been >released on bail. There are loopholes in our legal system and it is a broader >issue, not something we should discuss here. > >It would, however, be right if the petition is handed over to a District >Collector or Commissioner or even a Minister. It is really the same thing when >an MLA proposes some work in his or her constituency. Is he not representing >the voices of several lakhs of people? > >"...But what can the law-abiding citizens do?......" > >I agree both with DNB and you
that there is apathy on the part of the people >which has led to this state of anarchy in our society. Poverty of the >masses, and their greed are factors for choosing the wrong people as our >legislators. Public awareness has to grow. > >Regards >Bhuban >_______________________________________________ >Assam mailing list >[email protected] >http://pikespeak.uccs.edu/mailman/listinfo/assam > >Mailing list FAQ: >http://pikespeak.uccs.edu/assam/assam-faq.html >To unsubscribe or change options: >http://pikespeak.uccs.edu/mailman/options/assam _______________________________________________ Assam mailing list [email protected] http://pikespeak.uccs.edu/mailman/listinfo/assam
Mailing list FAQ: http://pikespeak.uccs.edu/assam/assam-faq.html To unsubscribe or change options: http://pikespeak.uccs.edu/mailman/options/assam
