Monday, 20 July 2015

MEMORANDUM is a fashion blog waging war on your work wardrobe...

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. Chief secretary 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
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 couselling at initial stage of the complaint in criminal cases at police station level , 41 Cr.P.C amendments are made .With this amendments , police got the power to issue a notice to the accused instead of straight away arresting him . It is at the discretion of the police to arrest or not to arrest the accused .
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 intelligible differentia, principles of equity , 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.
Applicants names & addresses Signatures & phone numbers


Place : Karaikudi 

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
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 ) 

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 and Endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent. “ 

2. The Protection of Women from domestic Violence Act 2005 , chapter IV section 12 sub section (4 ) “ The magistrate shall fix the first date of hearing , which shall not ordinarily be beyond three days from the date of receipt of the application by the court . sub section (5 ) The magistrate shall Endeavour 
to dispose of every application made under sub section (1) within a period of sixty days from the date of its first hearing .
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
hines .
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
Thanks : Advocate Mr. M.Sultan, Nattam (Madurai).
Collection by M.Ajmal Khan.

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