The Prime Minister of India,
PRESS TRUST OF INDIA:
GOVT MULLS MAKING MOLESTATION NON BAILABLE OFFENCE: http://www.ptinews.com/news/448264_Govt-mulls-making-molestation-non-bailable-offence
In the light of development that has took place in Ruchika case, it is heartening, with reluctance, to see that Govt of India is alive to issues that shock the conscience of the society. Although the govt of India is toying with the idea of making molestation a non bailable offence, square attention deserves to be given- How to identify, beforehand, instances of false and blackmailed complaints.
You will be destroying the entire fabric of the society. Man and boys may then be subject to untold harassment of false charges of molestation. Moreover, you know our police well. You will literally destroy entire life of a man if you put him behind the bar on mere allegation of false and black mailed complaint that is simply unavoidable. That man is then permanently be tagged as molester irrespective of any outcome.
Moreover, the govt and the Police alike, have turned a blind eye to a law settled by Supreme Court in JOGINDER KUMAR CASE IN 1994. In this case the Supreme Court has to the extent nearly abolished the colonial practice of arresting people on the basis of bailable or non bailable of offences. The SC in this landmark judgment has given due importance to the dignity of human life and to its liberty while at the same time maintaining a just balance between individual freedom and security of the society. The SC has in this Judgment framed guidelines as under which circumstances a person can be arrested, irrespective of cognizable or non cognizable offence, irrespective of offence is bailable or non bailable. http://commonlaw-sandeep.blogspot.com/2009/06/final-word-on-law-of-arrests.html
Sir, does the non bailability of offences has reduced the occurrence of non bailable offences ? The pressing crisis that we are facing today, as far as, criminality and corruption is concerned, is that the rich, powerful and influential promises criminality with impunity and then they influence the investigation with quite ease. You know well who comprises the rich, powerful and influential. They will manage bail from our courts anyway.
SIR- YOU NEED TO ADDRESS AS HOW THESE INFLUENTIAL OFFENDERS OF LAW CAN BE PREVENTED FROM INFLUENCING THE INVESTIGATION. THE ANSWER LIES IN ANOTHER LANDMARK Supreme Court (SC)JUDGMENT GIVEN IN PRAKASH SINGH CASE IN 2006 FOR COMPLETE REVAMPING OF POLICE MACHINARY. THE JUDGMENT TOLD TO SEPARATE LAW AND ORDER FROM INVESTIGATION.
NO STATE GOVT IS SHOWING ANY SIGN OF IMPLEMENTING THESE REFORMS.
It is a conventional misleading idea to have stricter laws to deal with a pressing issue of this. However, Structural changes , as directed by SC in Prakah singh case to separate investigation from law and order, is required to have desired results.
Does the non bailability of offences has deterred the potential offenders of law. I am constrained to speak- the govt of India is riding on the unguided sentiments of people of India, the mass audience, who will hardly understand and appreciate the consequences of making this molestation a non bailable offence.
Janhit Manch, Kuber Bhuvan, Bajaj Road, Vile Parle West, Mumbai- 400056.
Also Pls find:-
LINK TO INDIAN CITIZENS POCKET GUIDE TO POLICE LAWS:
LINK TO PUBLIC INTEREST LITIGATIONS: GUIDELINES, PRINCIPLES, PROCEDURE:
LINK TO: RESOLVE OFFICIALS NEGLIGENCE / ILLEGALITIES BY SERVING NOTICE U/S 80 OF CPC 1908:
LINK TO SOME KEY LAW POINTS: PRE-LITIGATION, DURING-LITIGATION:
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