Common Law

DAMAGES IN WRIT PROCEEDINGS This blog originated in the felt need for a EFFICIENT remedy that may be available to Citizens who are victims of gross misuse of powers and negligent acts and omissions of public authorities / public officials / police, resulting in loss of life or of property or of liberty of an individual. Do Citizens who are victim of irresponsible & reckless misbehavior of Police or of other Public officials, has any effective remedy against these government people ? ? ? The answer is astounding yes by Apex Court in good number of cases that came before it. When the constitutional and legal rights of a person are invaded with a mischievous or malicious infant, the court has jurisdiction to compensate the victim, by awarding suitable monetary compensation. Bhim Singh versus State of J & K, AIR 1986 SC 494. Apex court has used the Writ Jurisdiction to award compensation to victims of State wrongful acts. Usually a victim has to start from the lower court...

Whereas manu sharma was found guilty of murdering model Jessica Lall and sentenced Life imprisonment; And whereas he was granted Parole as per the law; And whereas The Probation of offenders Act 1958 governs ‘Parole’; And whereas section 3 & 4 govern who can be granted Parole; Section 3 empowers court to release certain offenders after admonition (authoritative strict warning)- section says- where any person found guilty of offence of theft or offence of misappropriation of property, or any offence punishable for imprisonment upto two years….. may be granted Section 4 empowers court to release certain offenders of good conduct. The section begins with the categorical and unambiguous declaration that Parole cannot be considered for any person who is found guilty of having committed an offence punishable with death or imprisonment for life…. And whereas manu sharma was found guilty of murdering model Jessica Lall and sentenced Life imprisonment. There is a Supreme Co...

08.11.2009 Whereas a Patient dies after PM security blocks his way to Emergency; http://www.hindustantimes.com/chandigarh/Patient-dies-after-PM-s-security-stops-him-PMO-orders-probe/472635/H1-Article1-472207.aspx I wish to say that Nations enforce UNCONSENTED supreme sacrifices on some of its Citizenry so that it can bring to the front ISSUES which have plagued it. However the death caused for the patient was ‘jammed’ by PM Security personnel, the result will be the same if the same patient was caught in ugly traffic jams of urban jungle. What we should be asking now: 1) Rational Security arrangement of VIPs that does not interfere with daily traffic; 2) No permission should be given for mass Rallies on roads; 3) The municipalities before declaring a road closed for repairs should ensure that the diversion of traffic on other road doesn’t create traffic jams. To whom should we ask? To one of the rightful owner of the problem !! The Courts. The High Court and th...

Date: 03.11.2009 From: Sandeep Jalan, To: Shri K G Balakrishnan, the CJI, Shri Veerappa Moily, the Minister of Law & Justice Whereas Justice Dinakaran is accused of land grabbing with documentary evidences.... And whereas according to one SC Judgment no FIR can be registered against any Judge.... And yet FIR can be registered against Mr Dinakaran [not against Justice Dinakaran], for the offence of land grabbing was committed in an individual capacity..... And whereas the bar to register any FIR against any Judge is on the premise where any Judge has been accused of corruption in the due discharge of his duty as a Judge..... This is exactly what the SC has said in one ruling where no sanction is required to prosecute a public servant accused of amassing wealth disproportionate to his income, for amassing wealth is not an act which can be said “in the due discharge of his duty”.... Act of criminality is outcome of an individual thought process. Man accused of or ...

Whereas the post of Central Information Commissioner [CIC] is left vacant for Shri Wajahat Habibullah is proposed to be transferred to at Chief Information Commissioner at Jammu & Kashmir; And whereas the PM is among the appointing authority of [CIC] it is expected that they will conform to Constitutional and Statutory mandate; And whereas it hardly requires any emphasize that the present practice of Appointments of Information Commissioners or Chief Information Commissioners doesn’t conform to Constitutional mandate of Article 14 & Article 16 and decisions are taken in closed chambers; In many respects, we now live in a society that is only formally democratic, as the great mass of citizens has minimal say on the major public issues of the day, and such issues are scarcely debated at all in any meaningful sense in the electoral arena. Fortunately, with the UPA Govt introducing the landmark RTI Act in 2005 people of India have become the active partners of the govt. ...

FAIR HEARING As far as back in 1885, LORD SELBORNE said in a case that the administrator is not a judge in the proper sense of the word; but he must give the parties an opportunity of being heard, stating their case and their views. Spackman V Plumstead Board of Works [1885] 10 AC 229. Essential attributes of natural Justice however can be thrown overboard only in exceptional circumstances where need for promptitude or compulsive necessity so demands. Hearing, however once given must be genuine and not formal or empty public relation exercise. In other words there must not be lip service to this rule or an audience allowed which tantamount to nothing. Swadeshi Cotton Mills V Union Of India. AIR 1981 SC 818. DISCRETIONARY POWERS Discretion being an element in all powers, what appears to be a Judicial review for breach of natural justice is in reality a review of abuse of discretion. Discretion in reality means a power given to a person with the authority to choose b...

In times of constraints coupled with climate of suspicion, peoples support may come. One has to make silent inroad to voters' mindset. How to silently invade/ conquer Voters’ mindset – 1) However you have liberty to call me crazy and however it is unheard of where a Contesting Candidate campaigns “Don’t Vote me, but Vote the BeST”. Tell Voters- I don’t say give your vote to me, but Select the Best”. Tell them to Log onto mumbaivotes.com or make a Literature which contains info of all contesting candidates and thus distribute. Imagine the impact if the Media takes up this theme in the right perspective. Tell voters about Toll free numbers and SMS number launched by ADR & NEW. Theatre/ Cinema Hall Owners/ Association may be contacted and request them to show a 2-3 minute clip, before the start of movie, of all candidates contesting in a particular constituency wherein the cinema /theatre is placed. [A short 2-3 minute documentary should be made of all contesting candidat...