FROM:
The victims of 41 Cr.P.C amendments
The victims of 41 Cr.P.C amendments
TO :
1. Prime minister of India
2. President of India
3. Chief Justice , Supreme Court of India.
4. Law commission of India
5. Chiefsecretary Government of India.
6. Principal Secretary to Law ministry of India.
7. Governor of T.N.
8. Chief Minister of T.N
9. Law commission of T.N
10. Chief Secretary of Government of T.N
2. President of India
3. Chief Justice , Supreme Court of India.
4. Law commission of India
5. Chief
6. Principal Secretary to Law ministry of India.
8. Chief Minister of T.N
10. Chief Secretary of Government of T.N
Subject : Seeking
review of 41 Cr.p.c Amendments .
Detailed Submissions
1. There are a huge number of pending cases in India before various courts. To decrease the litigation and also to give a
2. It is submitted that
under Article 14 of Constitution of India discretion is permitted but
not the discrimination. Discretion is that which is based on intell igible
differenti a,
principles of equit y , natural justice and fair play . Discrimination
is based on pecuniary bias , political bias , relationship
bias etc .
3. The police in India is
missing the 41 Cr.P.C amendments. They are giving notices to the accused in one case and in
other cases straight away arresting the accused. In 498-A
cases , the harassed woman , when
approaching the police stations , they are dragging the matter for more
than 6 months under the guise of counselings and serving notices and receiving
replies from the accused. Great injustice is being caused to the victims of
498-A cases .
4. In some of the cases like
chits run by private persons, where the aggrieved persons are large in number,
the police simply giving station bails by taking bribes from the accused . In
brothel cases Immoral Trafficking Prevention cases where the entire society is
effected greatly, the police are given station bails. Police using 41 Cr.P.C
amendments to get more profits (illegal gratifications).
5. On the other hand , the
judiciary and advocacy also suffering . It
is the authority of the judge to decide on facts and circumstances to give the bail to
accused or not. But , this power can only be exercised when
the police arrest the accused and produce him before. But , due to 41 Cr.P.c amendments , police are playing notice games.
There is no need for the accused to approach the court and present bail
application , instead they can simply bargain at
police stations for the station bails.
6. Under all the above
stated circumstances , we request you to review the 41 Cr.P.C
amendments.
1.
2.
3.
MEMORANDUM-2
Place
From
Victims of 498-A , D.V.C & Victims of delayed
justice
(wife , husband & children )
(
To :
1. The Chief Minister of T.N.
2. The Law Minister of T.N.
3. The Chief Justice of T.N. High Court.
4. Chief Secretary of Govt.of T.N.
5. Governor of T.N.
6. Principal Secretary Law Department of T.N
2. The Law Minister of T.N.
3. The Chief Justice of T.N. High Court
4. Chief Secretary of Govt.
5. Governor of T.N
Subject :
a) Allocating more funds to
judiciary to establish new courts
( State Government of T.N )
b)seeking Two extra family Courts in Karaikudi
City Court Complexes and 4 special Magistrate Courts to be attached to 1 Addl
Chief Metropolitan magistrate Court . ( High
Court of T.N )
b)
Detailed Submissions
1. Legal Position relating to family cases and D.V.C
Under Hindu Marriage Act
1955 , Section 21-B it is stated that “ The
trial of a petition under this Act shall
so far as practicable
consistently with the interests of justice in respect of the trial , be
continued from day to day until its conclusion unless the court finds the
adjournment of the trial beyond the following day to be necessary for reasons
to be recorded .
Every petition under this Act shall be tried as expeditiously as possible andEndeavour shall be made to conclude the trial
within six months from the date of service of notice of the petition on the
respondent. “
Every petition under this Act shall be tried as expeditiously as possible and
2. The Protection of Women from domestic Violence Act 2005
3. Actual Position (Facts )
But no where it is happening due to over burdening of the cases on Judiciary . The state government is allocating
very few funds for filling up of vacancies in judiciary . Justice delayed is justice
denied . Speedy
trail is not at all available. The Governments are making laws and not providing implementing machinery.
4. Particularly, In Karaikudi,
there are thousands of family cases pending before the two family courts. Only
two judges could not dispose the cases in time. Now, even they are working on
Saturdays also. The judicial officers and their staff are some times working up to night 7 o clock due to this over burden .
5. There is an eminent need of Two more family courts in Karaikudi
district and they also to be started in the Karaikudi court complexes only.
Because the office staff may be adjusted. Lawyers may be easily accommodated.
Clients are having good transport facility and easy access to central part of the city.
6. The 1st Additional chief
Metropolitan Court is over burdened. There are more than 1300 cases only on section
498-A , are pending for trial . There
are hundreds of domestic violence cases pending before the same court. There
are so many other cases pending under various other laws. One magistrate could
not be that much over burdened. Judicial officers are also human being but not
the mac
7. Submissions to High Court
of T.N. :----
There are thousands of cases
pending before Family courts where
as in other Sessions courts and
District courts , that much of pendency is not there . If
they are converted into family courts, some relief may be granted to family
court clients. In that way , two additional family courts may be
granted. If 4 special magistrate courts are granted and attached to work under
1 Addl chief Metropolitan Magistrate to deal
with 498-A cases & Domestic violence cases , speedy
justice may be delivered.
8. Submissions to the State
government. :--------
The basic needs of human
beings include Legal aid and effective judiciary is necessary for delivering
speedy justice . In America , cases
may be disposed within 6 months
where as in Andhra cases may be
disposed within 6 years. Why
because the government of T.N is
spending thousands of crores yearly for old age pensions , subsidies
etc but not for establishing new
courts . The allocations in the Budget for judiciary are very less . The
budgetary allocations for establishing new courts may be increased.
9. Side effects of pending
family cases :----
Today , many
of the people are lately getting married . when they
are unfortunately dragged to Family courts , they move round the courts , years
together and getting old .
10. Sex is also one of the
basic needs of human . The law
regulates that sex should be with legally wedded spouse only. But , during
the pendency of the family cases years together how can a married man or woman can have sex ? some are deprived of the basic need due to
this pendency . some are doing illegal things which may
ultimately leads to offences and disaster of life . Due to this pendency only , the T.N is having leading position in HIV AIDS cases. More over second marriage chances are also
lessened. Some are doing bigamous marriages.
11. The purpose of Section
24 of Hindu marriage Act & section 125 Cr.P.c which are aimed at
maintenance to wife and children are defeated (Providing maintenance to satisfy the
basic needs like food , clothing, shelter , education , medical aid etc ) . The
wife & children, due to financial sufferings are engaged in under
employment & child labor which in turn effecting their future and also leading to
sociological imbalances .
12. Under all the above
stated circumstances it is prayed that the Hon’ble high court
as well as govt of T.N may take initiatives to grant
new courts as prayed for.
Yours obediently
S.No Name & Address of the
Client Case number & Court name Phone number
1
2
3
4
5
Thanks : Advocate Mr. M. Sultan, Nattam (Madurai).
Collection by M. Ajmal Khan.
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