https://youtu.be/5fOn8OsFwVw HOW GET LEGAL HEIR CERTIFICATE
LAW AND SOCIETY
Every thing about Law& Society,I feel that every one needs to know some thing about Law and some thing about Society,in which we live,Man is by nature a political animal said Aristotle... Man is a social animal said Baruch Spinoza;To write well, express yourself like common people, but think like a wise man. Or, think as wise men do, but speak as the common people do."Aristotle
Tuesday, August 15, 2023
Sunday, August 6, 2023
WHETHER 498A IPC CAN BE FILED AGAINST WIFE BY HUSBAND - WHAT LAW SAYS
https://youtu.be/xGNZH1AOzAs WHETHER 498 A CAN BE FILED AGAINST WIFE BY HUSBAND ? TELUGU VIDEO
NO TO NEED RELIGION AND CASTE IN APPLICATION FORMS -HIGH COURT OF TELANGANA
https://youtu.be/H0XxAATF_cI NO NEED TO MENTION RELIGION &CASTE IN THE APPLICATION FORMS -HIGH COURT - TELUGU VIDEO
Sunday, April 24, 2022
Tuesday, April 12, 2022
Sunday, April 8, 2018
Mahatma Gandhi Assassination-Reopening of Case-SLP-Dismissed
Mahatma Gandhi Assassination -Fourth Bullet Theory-
-Reopening of Case-ALP-Dismissed
This SLP was filed in Hon'ble Supreme Court as the Hon'ble High Court declined to entertain the petition and go into two
questions raised i.e.
- Whether the four bullets were fired as alleged -fourth bullet theory.
- Whether the Kapur Commission Report should be reopened after the period of 46 years.
SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CIVIL)8293 OF 2018
[Arising out of D. No. 15103/2017]
Dr. Pankaj Kumudchandra Phadnis
Vs
Union of India Ministry of Law and Justice
O R D E R
S.A.BOBDE & L.NAGESWARA RAO, JJ.
1. Mahatma Gandhi was assassinated on 30.1.1948; about 70
years ago. 9 accused were tried for the conspiracy and murder of Gandhiji.
After trial the judgment was delivered by Learned Special Judge, Delhi on 10.02.1949 convicting seven accused and
acquitting one. Accused Nathuram Godse and Narayan Apte were given death sentence, four of the
accused were given life sentence and remaining one was given a sentence of seven years
of Imprisonment. The conviction was challenged in Punjab High Court in Appeal,
High Court vide judgment dated 21.06.1949 upheld the conviction for five of the accused
persons and acquitted two of the accused persons. None of the accused are alive today.
2. The petitioner who describes himself “An Engineer, Management Graduate, Ph.D and a Researcher with passion” approached the High Court by filing a Writ Petition in the year 2016. The High Court declined to entertain the petition and go into two questions raised i.e. whether the four bullets were fired as alleged and whether the Kapur Commission Report should be reopened after the period of 46 years.
3. The delay with which the petitioner has raised this
issue is gross. According to the petitioner, he moved the court after doing some research about the
circumstances in which Gandhiji’s assassination took place and got convinced about the involvement of
an unseen hand in the assassination. We are, however, not satisfied that new research
into a long concluded matter justifies a re-initiation of criminal investigation or that
anything that might be stated should be allowed to reopen a case such as this. Criminal cases which
result in conviction and even execution of death sentences and the demise of those who
have served life sentences ought not to be reviewed, neither is there a provision in law
for review. But it was argued before us that the assassination of Gandhiji was an event of far
reaching consequences in the world and the nation has the right to know the truth. While
undoubtedly the nation has right to know the truth, such a right cannot be invoked where
the truth is already well known merely because some academic research raises a different
perspective in law. This would amount to reopening issues based on hearsay.
4. We are constrained to make this observation because Nathuram Godse was
convicted on the basis of the evidence of eye-witnesses who were present at the prayer
meeting. Th meeting itself was attended by innumerable people.
Each one of the eye-witnesses described how Godse moved forward and shot Gandhiji.
All the evidence reveals that three shots entered the body. It further revealed that:
All the evidence reveals that three shots entered the body. It further revealed that:
(a) One injury on the right side of the
chest near nipple.
(b) One injury below the chest on the
right side.
(c) One injury on the right side
of the abdomen.
There were two exit wounds, one bullet did not exit the body. Thus, only two spent bullet were found at the place of occurrence. No fourth spent bullet or empty cartridge was found at the place of occurrence.
5. The FIR registered at 5.45 pm mentions firing of three shots. The inquest
report prepared by Lt. Col. Taneja showed that Gandhiji had suffered bullet injuries
from three bullets only. There were six eye witnesses; PW-31 (Amar Nath), PW-32 (Nandlal
Mehta), PW-34 (Ratan Singh), PW-37 (Dharam Singh), PW-76 (Raghunath Naik), PW-82
(Sardar Gurbachan Singh). Each one of them mentions that three shots were fired by the
sole assailant Nathuram Godse. No one from either side i.e. the prosecution or defence
suggested that four bullets were fired or that there was a second assailant. The report submitted
by Learned Amicus Curiae Shri Amrendra Sharan, Senior Advocate contains a detailed
reference to all the relevant evidence in this regard.
6. Another submission made by the petitioner is that this Court should review the Kapur Commission findings. G.V. Ketkar, grandson of Lokmanya Balgangadhar Tilak, made a statement that he had knowledge about the conspiracy to assassinate Mahatma Gandhi prior to the incident. This raised a political storm and the Kapur Commission was set up inter alia to inquire into the conspiracy to assassinate Mahatma Gandhi. The commission headed by former Judge of this Court Shri Jivanlal Kapur submitted its report in 1969. According to the petitioner, the following finding of Kapur Commission in its report is unfair since it hurts the sentiments of the followers of Shri Savarkar:-
“All these facts taken together were destructive of any theory other than the conspiracy to murder by Savarkar and his group” He, therefore, prayed for a review of this finding or setting up of a new commission.
7. The Learned Amicus Curiae submitted that this finding was rendered after the demise of Shri Savarkar and no opportunity was given to Shri Savarkar or any of his representatives. He submitted that the finding is unfair since Shri Savarkar had been acquitted at the trial. There is no doubt that this finding does not in any way interfere with the acquittal and is a general observation probably made since Godse and others were found to have been associated with Shri Savarkar. It cannot have the effect of overturning of the finding of the criminal court which acquitted Shri Savarkar. Constitution bench of this Court in Ram Kishan Dalmia v. Justice S.R.Tendolkar considered the effect of the findings of a Commission as follows:-
“The Commission has no power of adjudication in the sense of passing an order which can be enforced proprio vigore.” Further, the Constitution bench declined to act on the findings in the report of Commission of Inquiry; “But seeing that the Commission of Inquiry has no judicial powers and its report will purely be recommendatory and not effective proprio vigore and the statement made by any person before the Commission of Inquiry is, under s.6 of the act, wholly inadmissible in evidence in any future proceedings, civil or criminal, there can be no point in the Commission of Inquiry making recommendations for taking action “as and by way of securing redress or punishment” which, in agreement with the High Court, we think, refers, in the context, to wrongs already done or committed, for redress or punishment for such wrongs, if any, has to be imposed by a court of law properly constituted exercising its own discretion on the facts and circumstances of the case and without being in any way influenced by the view of any person or body, howsoever august or high powered it may be.” The submission of the petitioner that Shri Savarkar has been held guilty for the murder of Gandhiji is misplaced.
8. We are, however, not inclined to enter into the correctness or fairness of the findings in this report. That would be another exercise in futility and would none the less pan new fires of controversy. This Court must at all cost be vary of such contentious issues and must not allow its jurisdiction to be invoked for such purposes.
9. We are, therefore, not prepared to accept the fourth bullet theory propounded by the petitioner. Learned Amicus Curiae categorically submitted that perusal of original photograph at the museum leads to no such inference. We consider the petitioner’s attempt to reopen this controversy as an exercise in futility. Since the person who took the photograph cannot be examined and any statement about the photograph made by any expert would not be admissible at this stage.
10. The court is beholden to Shri Amrendra Sharan, Ld. Amicus Curiae who has painstakingly examined the entire record of the case & even exhibits of the national museum for the assistance of the court.
11. We see no merit in this SLP and hereby dismiss the same.
J.S.A. BOBDE
J.L. NAGESWARA RAO
NEW DELHI
MARCH 28
Sunday, December 24, 2017
Disabled Rights -Supreme Court Directions
S.C issues directions on three issues relating to disabled rights :
IN THE SUPREME COURT OF INDIA
CIVIL
ORIGINAL JURISDICTION
WRIT
PETITION (CIVIL) NO. 292 OF 2006
DISABLED
RIGHTS GROUP & ANR. .....PETITIONER(S)
VERSUS
UNION
OF INDIA & ORS. .....RESPONDENT(S)
WRIT
PETITION (CIVIL) NO. 997 OF 2013
Three issues are
raised in this petition which is filed in public interest, for the benefit of
persons suffering from ‘disability ’ as per the definition contained in the
Persons with Disabilities (Equal Opportunities,Protection of Rights and Full
Participation Act) 1995 (hereinafter referredto as the ‘Disabilities Act,
1995’) which now stands repealed and is replaced by the Rights of Persons with
Disabilities Act, 2016 (hereinafter referred to as the ‘Disabilities Act,
2016’).
The first issue
related to the non-implementation of 3% reservation of seats in educational
institutions as provided in Section 39 of the Disabilities Act, 1995 and
Section 32 of the Disabilities Act, 2016.
Second equally
important issue raised in this petition, which is intimately connected with the
first issue, is to provide proper access to orthopedic disabled persons
so that they are able to freely move in the educational institution and access
the facilities.
Third issue pertains
to pedagogy i.e. making adequate provisions and facilities of teaching for
disabled persons, depending upon the nature of their disability, to enable them
to undertake their studies effectively.
S.C's Directions issued:
[i]While dealing with
the issue of reservation of seats in the educational institutions, we have
already given directions in para 8 above that the provisions of Section 32 of
the Disabilities Act, 2016 shall be complied with by all concerned educational
institutions. In addition to the directions mentioned therein, we also direct
that insofar as law colleges are concerned, intimation in this behalf shall be
sent by those institutions to the Bar Council of India (BCI) as well. Other
educational institutions will notify the compliance, each year, to the UGC. It
will be within the discretion of the BCI and/or UGC to carry out inspections of
such educational institutions to verify as to whether the provisions are
complied with or not.
(ii) Insofar as
suggestions given by the petitioner in the form of “Guidelines for
Accessibility for Students with Disabilities in Universities/Colleges” are
concerned, the UGC shall consider the
feasibility thereof by constituting a Committee
in this behalf. In this Committee, the UGC would be free to include persons
from amongst Central Advisory Board, State Advisory Boards, Chief Commissioner
of State Commissioners appointed under the Disabilities Act. This Committee
shall undertake a detailed study for making provisions in respect of
accessibility as well as pedagogy and would also suggest the modalities for
implementing those suggestions, their funding and monitoring, etc. The
Committee shall also lay down the time limits within which such suggestions
could be implemented. The Expert Committee may also consider feasibility of
constituting an in-house body in each educational institution (of teachers,
staff, students and parents) for taking care of day to day needs of differently
abled persons as well as for implementation of the Schemes that would be
devised by the Expert Committee. This exercise shall be completed by June 30,
2018.
(iii) Report in this
behalf, as well as the Action Taken Report, shall be submitted to this Court in
July, 2018. On receipt of the report, the matter shall be placed before the Court.
15th
December ,2017
Supreme Court of
India
Subscribe to:
Posts (Atom)