Skip to main content

Strict Penal Laws Vis a Vis Strong Constabulary


Whilst the ‘State’ is found fascinated to enact stricter Penal laws ostensibly to prevent crime, yet, the whole purpose of having penal laws is that they may not be applied at all, by effectively preventing the commission of same by powerful street presence of well equipped force.

The law of the land obliges Police force to prevent Commission of offences like Rioting, Murder, Robbery, Dacoity, Kidnapping, Extortions, Rape, Organized drug trafficking, human trafficking, Crimes of Slumlords, AK-47/56 armed terrorists including other petty offences.

Given the lawless order of the day we observe, leave alone the history sheeters, even petty offenders appear to have not feared of present symbolic Police force of the country. Yet the Police institution have been fairly successful in terrorizing the common men. Nevertheless, the Cane Constabulary themselves work in continuous danger to their own life whilst their counterpart are armed with modern day weapons.

Further, it is seen that the State Govts find their Police force admittedly incapable of handling suddenly emerging emergency situations. Army is roped in break down of law and order, during floods, and by the time Armed forces arrive to the scene much damage has been achieved.

I may be accused of being poor enthusiast, yet the 'State' should be pressurized to strengthen & rejuvenate the Police force, in particularly the Constabulary who form the foundation of the entire Police structure having street presence, to a degree where they inspire confidence of the society and instill fear in the mind of potential offenders, so that they can effectively carry out duties expected from them. All it may sound idealistic, but this is the bare minimum to have peace and thus progress.


The alacrity with which we constitute various committees and commissions is matched only by the inaction on the voluminous reports laboriously produced by our finest brains and from men of eminence in Public Life and there should be equally outstanding and compelling grounds to say that they do not deserve to be adopted or if they are not practical to be adopted.


It is akin to say that an ailing patient is enthusiastically attended by all Specialists, illness diagnosed and patient left unadministered and ailing.

Bottom-line is: Ensuring safety of life & Property of every men & women is the very first duty of every Govt of the world. All duties come later.

Sandeep Jalan


Legal issues !!
If you are facing any of these issues like (a) Recovery of Moneys (b) Immovable property disputes (c) grievances against Municipalities & Govts., including challenge to legitimacy of laws etc. (d) grievances against illegalities and highhandedness of Police like illegal arrests, refusal to register FIR, deliberately flawed investigations, etc (e) False FIRs (f) False Claims (g) False evidences (h) Grievances against Judges (i) Illegal or perverse Orders of the Courts / Tribunals, among others.
or
If you are looking for draft of any legal proceeding; or if you want to know the nature and attribute of any legal proceeding; or if you want to know the procedure followed in any legal proceeding; or if you want to know the grounds on which any order of the court / tribunal is challenged; or if you are facing any frivolous litigation.

Law Referencer: https://www.litigationplatform.com/


Thank you.

Comments

Popular posts from this blog

The Recall Jurisdiction of the Courts

What is Recall of Orders of the Court ? But first….what is expected from the Orders of the Court – a)       While giving due consideration to the submissions and evidences on record of the rival parties, to record a reasoned finding with respect to disputed question of fact or of law; b)       Employing cogent reasons about the conclusion reached in the order / judgment. c)       Passing of orders in accordance with law. d)      Principles of natural justice are reasonably observed in the judicial proceeding. And when the Orders suffers from any of the vices, it is challenged by way of Review, Appeal or in Revision, alleging the impugned Order, being infected with either of the grounds, i.e. – a)       That there is Error apparent on the face of the Record; b)       That there is Perversity in the impugned Order; c)...

Form II under Rule 6 of Rules, 2006, framed under the impugned Act

Impugned Provision / other anomaly Breach of Section / Article FORM II [See Rule 6(1)] Application to the Magistrate under Section 12 of the impugned Act Section 3 – Explanation II; Section 18, 19, 20, 22 and 23 of the impugned Act. Principles of natural justice. FORM II [See Rule 6(1)] Application to the Magistrate under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005)     To The Court of Magistrate .................................... .................................... .................................... .................................... Application under section ........................ of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005)            SHOWETH: That the application under section.................of Protection of Women from Domestic Violence Act, 2005 is b...

Mumbai Capital Value Property Tax Judgment: A Rocket Science by Social Scientists; A Brief Analysis;

The subject of taxation is a “Rocket Science”. The constitution of Nine Judges Bench in the Mafatlal Industries Case, Reported in (1997) 5 SCC 536, running into more than 500 pages; the extremely contested Vodafone litigation; and the present Judgment of Bombay High Court running into 310 Pages, at least furnishes some justification to this statement of Rocket Science. There are umpteen Judgments, some of which are relied herein also (Para 147), that whilst dealing with challenge to Taxation laws, greater latitude is shown by Constitutional Courts, only for the reason that Taxation / Economic Legislation, by their very nature, are very complex. And hold on, the Regime of Property Tax based on Capital Value of the Property, was brought in force, on the recommendations of Tata Institute of “Social Sciences”. (Para 33 of the Judgment) Did these Social Scientist, nevertheless very respectable, would appreciate an Inch of what was discussed in 310 Pages of Judgment, even assuming t...