Friday, March 15, 2013

Delhi HC judge accused of “gross judicial misconduct”; Litigant approaches CJ Murugesan for initiation of enquiry proceedings

Delhi HC judge accused of “gross judicial misconduct”; Litigant approaches CJ Murugesan for initiation of enquiry proceedings


Deepak Khosla, a Noida-based litigant, recently approached the Delhi High Court Chief Justice, alleging “gross judicial misconduct” committed by a sitting judge of the Delhi High Court.  
 
On March 12, 2013, Khosla mentioned the matter in Court No.1 in the Delhi High Court, reading out from a typed out copy that he was seeking to file a complaint against the judge in question. Chief Justice Murugesan directed Khosla to submit the complaint; Khosla subsequently submitted his 91-page complaint to the High Court ‘s Registrar General.
 
The complaint lists amongst other things, “28 counts of judicial misconduct” and “11 criminal offences” allegedly committed by the Judge, and seeks a departmental enquiry into these allegations. The matter relates to an order passed in by the judge in question directing Khosla to be admitted to a mental health institute under police custody on the grounds that Khosla kept disobeying the court orders prohibiting him from recording court proceedings. This order was subsequently stayed by a Division Bench of the High Court, but not before Khosla spent three days in the metal health institute.
 
Apart from the initiation of a departmental enquiry, Khosla has also sought compensation to the tune of Rs. 25 crore to be “recovered jointly and severally” from the Ministry of Law and Justice and “personally” from the judge in question.
 
These acts of the judge are not the only grouse Khosla has against the functioning of the High Court; he has also written to Chief Justice Murugesan to reconsider the proposed elevation of a lawyer to the Delhi High Court. Khosla has claimed that the lawyer in question is currently facing perjury proceedings in the Delhi High Court itself, and hence should not be considered for elevation.
 
Speaking to Bar & Bench, Khosla said that he is either in the process or already has approached the President of India, the Chief Justice of India, the Speaker of the Parliament and the Leader of the Opposition. Khosla says that his goal is to fight the current process of appointing judges, a process which he claims needs a thorough relook.

Source: http://www.barandbench.com/index.php?page=brief&id=3306

Wednesday, March 13, 2013

Our Keystone Cops

Our Keystone Cops

When in doubt about a terror investigation, blame the most readily available Muslims. Within days of the Dilsukh Nagar blasts in Hyderabad on February 21, the police announced the suspects were the Indian Mujahideen (IM), that its founder Riyaz Bhatkal was the possible "mastermind", and that 'Imran' and 'Maqbool' had recced the area.

In the same week as the names 'Bhatkal', 'Maqbool' and 'Imran' swirled around in the media, two youths, journalist Muthi-ur Rahman Siddiqui, also once dubbed "mastermind" in a terror conspiracy by the media and DRDO scientist Aijaz Mirza were released after six months in jail.
The National Investigation Agency (NIA) admitted it could find no evidence against them. Home minister Sushilkumar Shinde was made to apologise by the BJP for his remarks on saffron terror. But the Opposition did not ask the home minister to apologise for the wrongful arrest of two young men.
Why? Because they are Muslims? Why one set of standards for "saffron" terror and another for "Islamist" terror, when repeated pious declarations are made that terror has no religion?
Across the country scores of young Muslim men are being jailed and tortured for their alleged links to terror. The police are invariably unable to muster clear evidence except vague theories, the cases are thrown out by the courts and the security agencies are forced to let the youths go.
Imran Syed, a Hyderabad student arrested for the Mecca Masjid blasts in 2007, given third degree torture and electric shocks, was accused of spending 10 years training as a terrorist in Pakistan. Since Imran was 22 at the time of his arrest, it would mean that he had run away to Pakistan to become a terrorist at the age of 12! After 18 months in jail, Imran was acquitted.
A caricature narrative is born from a paranoid imagination. Sheer communal prejudice and a copycat "war on terror" mentality on the part of keystone cops busily chasing bearded look-alikes of Osama bin Laden in India's galis and mohallas, is leading to the bizarre phenomenon of hundreds of arrests yet no stoppage to the low intensity blasts in tiffin boxes or on bicycles.
Why have the Andhra Pradesh Police not been able to successfully investigate, bring to trial and secure a conviction in the many blast cases that have taken place in Hyderabad?
Social prejudice and religious discrimination must be separated from terror investigations. The police must resist the temptation to jump the gun, arrest Muslims and announce names of suspected groups within hours of a blast to satisfy the 'patriotic' media.
So far, with the exception of additional sessions judge Vijendar Bhat's scathing denunciation of police conduct in terror cases in February 2011, the courts have not reprimanded investigative agencies strongly enough. It is a positive sign that the NIA has developed a culture of admitting it was wrong.
But generally, there is an inability on the part of the police to be patient about collecting evidence carefully and painstakingly over a period of time.
Who are these 'terrorists' who bomb India's marketplaces without any stated objectives or demands? The Irish Republican Army had a stated objective to throw out English occupation of Ireland.
Al Qaeda is motivated by anti-Americanism; Lashkar is an anti-India outfit, Ulfa aimed for a sovereign Assam. Yet India's mystery 'low intensity' urban marketplace bombers have no stated objective, no demand, no identity, and no negotiating agendas.
They simply bomb in anonymity leaving security experts and police to engage in guesswork about motives such as "revenge-for-Afzal Guru."
When terrorists are anonymous and refuse to indicate why exactly they are repeatedly bombing markets, the police must proceed only on the evidence they are able to collect from the site and through patiently gathered intelligence about other such blasts.
Unless there is a clear separation of community from terrorist, unless a community-specific line of investigation is given up in favour of a hard-headed evidence-specific line of investigation, India's mysterious urban bombers will never be caught.
Without political leadership on the vexed Hindu-Muslim question, as the political class remains trapped in twin mentalities of 'communalism' vs 'appeasement', religious hatred and suspicion are growing by the day in urban India.
An assertive Hindutva nationalism on social media seeks to demonise the Muslim. Muslim victimhood results in a sense of separation from the cultural mainstream and creates further distance between the communities. Ghettoisation in housing and social segregation exists alongside assertive religious identities on both sides.
There is no political leader today with a vision of a modern, forward-looking contract between Indian Hindus and Indian Muslims.
No leader today is able to chalk out a vision which mounts a challenge to the undoubted radicalisation of Muslim youth in the global jihad, as well as create an ideological challenge to the radicalisation of Hindu youth in a copycat Hindu extremist war.
In a situation of sharply polarising religious identities, investigative agencies must make a distinction between what is a political opinion and what constitutes evidence in a criminal trial. Books on Islamism or Marxism (as with Binayak Sen) are not evidence of criminality. Muslims, tribals, Marxists, liberals, all have freedom of speech and an exercise of political rights does not translate into evidence in a terrorist trial.
Further, the police must be transparent on why the Muslim youths were caught and must openly state on what basis the youths were implicated. It is only when the cult of secrecy on flawed investigations is broken, that we can make sure that other innocents are not caught and those who are continuing to bomb with impunity are brought to justice.
The rise of Islamic radicalism, and its possible links with terror are concerns, but investigations need to be transparent and not end up as fishing expeditions where a person's faith or political beliefs determine his guilt in a criminal case.
Sagarika Ghose is Deputy Editor, CNN-IBN. The views expressed by the author are personal.

Source: http://www.hindustantimes.com/editorial-views-on/SagarikaGhose/Our-Keystone-Cops/Article1-1025380.aspx