Castardians Of Law

The US is acknowledged as a superpower for its economic and military power. It is also acknowledged as a technology superpower because most hi-tech and common use technologies were invented by Americans. But what mostly goes unnoticed is that the US also has a sound legal system that works independently and firmly. Sure, there are exceptions where judges have been corrupt and there are frequent miscarriages of justice. But their higher level court rulings, legal statements have become precedence for many other democracies to follow. Indian SC judges too quote SCOTUS often but when it comes to quality and consistency of judgments and rulings our SC is a pathetic shame most of the time.

Let’s take a case on how the US sets precedence. Remember, the US has two parallel systems of justice – Federal and State. Both have separate jurisdictions based on the crime or nature of the case. They do not interfere with each other unless a case happens to be inter-state or Constitutional issues. Francine Hughes was a much-abused and battered woman for 13 years of her married life. She finally divorced but her husband returned to make peace and they lived together with their 3 children. But the abuse and battering returned till Hughes could take no more and one night in 1977 she put her kids in the car and set her ex-husband on fire while he was in bed and burned the whole house down:

“The Burning Bed” is now a famous movie as much as the case was. While Francine was arrested and tried for murder. Her lawyer came up with an extraordinary plea stating “Battered-woman syndrome” and “Temporary Insanity” (A term first used in 1859 by a US Congressman in legal defence of a client). The jury bought the argument and held Francine “Not Guilty”. That case set the landmark for a flurry of laws against Domestic Violence worldwide in the US and all democracies, including India. Making far-reaching laws is also leadership. Our Supreme Court commutes death sentence for a criminal who rapes a 4 year old and kills her with the comment of “every sinner has a future”. That 4 year old never had the chance for a future.

The ModiSarkar reinstated the SC/ST Act under which an upper caste person can immediately be arrested and jailed without bail. This is after the SC struck down the immediate arrest without investigation part. This particular law is most inhumane, draconian and only Castardians of the law can make such laws – not humans in a democracy. Such laws make India remain a 3^rd world country with spurious laws and justice system. The SC/ST Act pits one caste against another to destroy them and separate them from the Hindu fold. There are thousands of fake cases under this SC/ST law which is now also being abused for property disputes by the SC/ST and for extortion and blackmail:

If the complaints filed a fake case under SC/ST, there is no punishment for them for putting an innocent person to jail for a while or very long periods and depriving them of a life with freedoms. This bastardised law is nothing but a travesty of justice that says “Guilty until proved innocent” when the principle of justice is the opposite. Vishnu Tiwari spent 20 years in jail for a fake SC/ST case of rape. I fail to understand why a rape accusation should also be tried under SC/ST when rape has separate laws covering the crime. In any case, Tiwari was years later found innocent and the UP govt denied him any compensation and the SC is yet to act on a PIL filed for compensation in 2021 by BJP’s Kapil Mishra:

Vishnu Tiwari is 43, he is poor and his life is gutted. The shameless UP govt denies him any compensation probably because he is a Brahmin. Had he been a Muslim they would have rushed like monkeys swinging on trees in a hurry to help him with cash, new house, new clothes, new job, new wife – new everything.

This is also something that the US has been a leader in providing compensation as penance for jailing an innocent person. The Federal govt and many states have standardized $50000 per year as compensation but some have more and some have compensation on daily-wage basis. But in extraordinary loss of life-freedoms, US courts have been very severe in punishing the state and in some cases inflict severe damages on the State. There is an instance where the state of North Carolina settled a legal case of wrongful jailing for $75 mn to two Blacks who were wrongly jailed for 30 years while the Vishnu Tiwaris of India are turned to beggars despite a serious crime against him by the State:

There are many cases of wrongful imprisonment in India which don’t come to light. Only few do. In a recent report, a man was convicted and sentenced to 7 years for kidnapping and murdering a 14-year old girl merely on the basis of a complaint by the parents. Seven years on the woman turned out to be living with a husband and two children. This is pathetic prosecution and pathetic judiciary at work. The girl’s father wrongly identified another girl as his daughter. A dead body must be forensically confirmed to be the victim that is stated to be murdered. In this day and age, pathetic cops and judges MUST demand forensic evidence like DNA to confirm that the girl was indeed the complainant’s daughter. Simply sending a man to jail on spurious charges of murder is the greatest crime against a person. Strangely, now that the real daughter is found, the cops are conducting a DNA test on her when they didn’t bother to do so earlier. We don’t know if this guy (also named Vishnu) got any compensation. Again, it’s the shoddy UP govt:

In the US, District Attorneys never accept a murder-case if the body is not available and where the identity of the dead body is not established. Even if a close one identifies the body, the DA insists on forensic proof that is unchallengeable. There are very few cases in the US where a murder-accused is convicted without a dead body (e.g.: Anne Marie Fahey) but with other strong evidences, witnesses, conspirators’ confession and blood-DNA evidence. Despite all the evidence there should be no “reasonable doubt” about the guilt and all the jurors must unanimously convict the accused. In the US, the judge can overturn a guilty verdict by the jury for specific reasons but will not overturn a not-guilty verdict. India being a far bigger country lacks such checks and balances in the judiciary.

When it comes to PILs, our courts are even worse than handling other cases. Strangely, most of the PILs are filed directly in the SC rather than the High Court. Every one in the world has a right to petition the SC but the SC can just as quickly dismiss the frivolous PILs in one hearing. Sometimes, the PILs linger on because both, the GOI and SC, play football depending on communal issues. The right of women to enter mosques is pending with GOI for a long time. The cases of Ram Setu and Places of Worship Act are also pending with the GOI because of using them at the right time for elections which is what Modi does with Hindu issues. Modi uses issues related to Hindus only when major elections are around the corner. In the latest case of the Haldwani railway land encroachment the SC grandly sermonized on the “human problems” and human concerns for the encroachers and you can tell by the garb of the protesters why SC has sympathies and makes such silly comments while still hearing the case:

While the SC becomes the “Enforcer” in the Aravali case, it becomes the daughter of Amnesty or Teesta Setalvad when it comes to Haldwani. It is NOT the job of SC or any court to invoke human considerations when it comes to public property and public order. Their job is to simply UPHOLD THE LAW and punish the offenders. Any sympathy, human consideration has to be entirely in the domain of the govt or Parliament. At the most the SC can recommend human considerations to the govt and recommend an extended time for clearance of encroachments. There’s a certain community that now treats it as its birthright to occupy all public places for shanties, for mosques, for mazars and the Castardians of the law, whether govt or courts, are simply too scared to evict them for fear of violence and loss of votes. This is why India has become a lawless Banana Country. 

77% percent of those in jails in India are undertrials. MoneyControl reports: “Of the 554,034 prisoners, 427,165, or 77 percent, were undertrials in 2021. This was a 14.9 percent increase from 371,848 undertrials in prison in 2020”. According to other reports there are 4.7 crore cases pending in Indian courts. Thus, cases get dragged on for years and in many cases the accused or witnesses are even die waiting. And amidst all this, the govt and SC keep playing football over appointment of judges. ModiSarkar wants the Collegium system of appointment of judges to go and there are merits in that demand. However, the ulterior motive of Modi is to make the courts also a den of Reservations and Caste-infected as all his other policies are. Law Minister Kiren Rijuju rants about it frequently but at other times he is busy demonstrating his karate skills with beer bottles.

The SC’s excessive concerns for human rights and sympathy for human dignity comes at a very heavy cost. Often, their statements sound as if the milk of humanity is flowing from the breasts of the judges. The following incident happened just a few days ago in Delhi. A cop arresting some thug who suddenly turned around, pulled a knife from his pocket and stabbed the cop repeatedly, almost a dozen times:

The unfortunate cop died in the hospital the next day while the thug ran away after he stabbed the cop. Why does this happen? Because the stupid SC with the milk of humanity flowing from its breasts has dictated that handcuffing anyone deprives them of their human dignity. Thugs do not have any human dignity, else they wouldn’t need to be arrested. Thus, because of the ruling of the SC arrestees are not handcuffed. In the US, all arrestees are handcuffed, mostly with the hands behind their backs. You never know which person may suddenly turn violent and attack the cop. The SC’s foolish ruling is not worth losing even one innocent cop and the handcuffing of arrestees must return.

The nonsensical rants of Modi and his sidekicks about India being a Vishwaguru and Mungeri dreams of “Amrit Kaal” are all farts in the wind to fool citizens and lull them into believing they are primed to conquer the universe. The cornerstone of a democracy is JUSTICE. And that justice has to be delivered in reasonable time. India is probably among the worst when it comes to delivery of justice in time among major democracies. There was a case against P. Chidambaram for fraudulent electoral practices in the LS2009 elections. The courts and SC dragged it so long that 2 more LS elections have passed and now any ruling on that case is worthless junk. The cornerstone of democracy is justice for all and justice in reasonable time. Neither Modi nor SC have made any effort to bring positive changes in the justice system. Both have failed miserably and asserted India as a Banana country with a shoddy justice system.

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