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  The Crime Scene In India
 
 

(Justice K. Sukumaran - Former Judge Bombay & Kerala High Courts)

 
     
 

The cancer – the crime tendency – spreads. It appears to have affected and afflicted even sensitive organs.

Enough reasons to be alarmed about; the situation is desperate but not irretrievable.

A great statesman in a similar situation (in the Second World War days) observed:

“We have reached the bottom of the well, any further movement can only be upwards.”

Let us take stock of the present Indian situation.

(1) Heinous crimes have been perpetuated by spiritual leaders. Punishment with a double life term has been imposed on Swami Premananda by the Apex Court. (Justice Aggarwal and Justice Sema). There are 63 pages detailing the factual background and discussing the Legal Principles.

(2) Those who are the guardian angels of Rules and Law are alleged to be the protecting of the law breakers.

(3) The examination system is now facing the worst crisis in confidence.

(4) Innocent unemployed personnel continue to be cheated by “Visa” dealers, while the Administrators at the Centre and in the State have not taken effective steps to checkmate the trend.

The Report of an Expert Committee appointed when a Minister with great involvement was in charge of the welfare of Non-Resident Keralites (Mr.Hassan) submitted its report. It is now receiving dust in some corner of Akbar Hotel (the new habitat of the Ministry of Overseas Indians).

Brief details are given below.

Two sensational items are reported in HINDU page 6 Col.8 dated 6-4-2005 (Delhi Edition).

One relates to affirmation by apex Court of the conviction of Swami Premananda.

The ashram is near Tiruchi.

The charge: raping of thirteen girls and causing murder of one.

Trial Court : Convicted.

High Court : Confirmed the conviction.

Now, the Supreme Court dismissed the appeals.

Gravity of the offence and the deleterious effect it had not only on the victims but also on the society at large weighed with the apex Court.

The Supreme Court went one step further. There shall be no remission of the sentence by the Governments either at the Centre or of the State.

Those who browse through the lines may think about the news and offer their views on:

a) Measures to prevent serious crimes of the nature.

India with its spiritual heritage respects the sages. Their robes are expected to reflect their disinclination in worldly pleasures. The ashes splashed on their foreheads convey a message on the transient nature of worldly life.

Women, particularly girls, can be deceived, if the apparel and the ashes do not proclaim the real man.

Can we not make a law ensuring proper conduct of ashram activities by providing periodic inspection by a Committee of respectable persons of the society?

Should not the State take over the assets of the Ashram immediately on the pronouncement of the final verdict by Supreme Court?

If lack of a supporting law is an impediment, should not a law be made at the earliest?

The reader may consider urging appropriate action by the State of Tamilnadu.

JUDICIARY.

The shocking news at page 6 on an Ashram is accompanied by one in the very first page Col. 2 – 5.

Shameet Mukherji, a former Judge of the Delhi High Court has been charge- sheeted.

Receipt of bribes, participation in Wine & Women are the charges.

Background:

Land scam in Delhi Development Authority.

Companian accused.

Subhash Sharma, former Vice-chairman.

Ashok Kapoor, his Private Secretary during the relevant time.

Middle man: Dharmavir Khattar.

Major Operator:

Vinod Khatri, Cop turned Hotelier, South Delhi.

Further details may be awaited.

COMMENT:

Should not in such cases, the ill-gotten assets be taken over by the State immediately, of course, after observing necessary procedural safeguards, subject to the final disposal of the case? The State should step in immediately so as to prevent ill-gotten wealth being utilized for obstructing a fare trial.

Should not an enquiry be made about the process of elevating the judge now facing the trial?

Should not an enquiry be made (including obtaining statements of all those involved in the selection process right up to the Law Ministry level, of course, excluding the President into the whole episode and a report be published?

The findings of the enquiry can be utilized to prevent recurrence of such grave threats to the credibility of JUSTICE SYSTEM, the last resort of the honest citizen?

 
 
 

 



 

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