From news below:
http://www.dailypioneer.com/208486/RTI-Act-to-be-mended.html
One of the main suggestions of the commission, which has been included in the list of proposed amendments, is that the Act should be made more NRI-friendly. “The NRIs, being Indian nationals, can apply for information under the RTI Act, but the means for access for them are very unsatisfactory. Where do they pay the fee of Rs 10, and how? When they approach Indian embassies, they are seldom helped.”
Comments: This is an excellent idea. The RTI act is applicable to all Indian citizens. To deny its use to NRIs or even Indian citizens who are travelling and outside India is not a good idea.
The Government is also planning to reduce the number of organisations mentioned in the Second Schedule of the RTI Act which are exempt from disclosure norms. At present, there are 22 security and intelligence organisations which do not have the general obligation to disclose information unless it is a matter of human rights violation or corruption. These include RAW, Intelligence Bureau, DRDO, SPG, CRPF and CISF. Sources said organisations like Narcotics Control Bureau (NCB) could be taken off the Schedule.
Comments: Again this is in interest of more disclosure of information and fits in with fundamental right to information. Denial of information should be an exception and therefore most departments of government should be openly accessible as far as their decision making is concerned.
Monday, October 12, 2009
Saturday, October 10, 2009
Mr Moily says will go by hard evidence
Here is latest news, that Law min Mr Moily says elevation of Justice Dinakaran will be based on hard evidence:
http://www.indianexpress.com/news/elevation-of-dinakaran-to-be-based-on-hard-facts-moily/526717/
“Constitutional authorities will not go by perceptions or impressions and controversies and will go by hard facts and evidence,” Moily told reporters.
Comments: Oh yes, going by evidence of hardly any case of a judge being ever impeached or brought to book; we know for sure that hard evidence will never be found!
http://www.indianexpress.com/news/elevation-of-dinakaran-to-be-based-on-hard-facts-moily/526717/
“Constitutional authorities will not go by perceptions or impressions and controversies and will go by hard facts and evidence,” Moily told reporters.
Comments: Oh yes, going by evidence of hardly any case of a judge being ever impeached or brought to book; we know for sure that hard evidence will never be found!
Monday, October 5, 2009
Mini-Mahabharat: Karnataka Judicial association vs Bar council
A mini-Mahabharat is brewing between two communities which are part and parcel of judicial system -- judges and lawyers.
http://timesofindia.indiatimes.com/news/city/bangalore/Judicial-officers-back-CJ-Dinakaran/articleshow/5078948.cms
Excerpts from the news with my comments as Comments:
Expressing solidarity with Chief Justice P D Dinakaran, the Karnataka State Judicial Officers Association has termed the recent reports against him an onslaught on the independence of judiciary.
Comments: Hmmm... Karnataka judicial association is taking the same stand as CJI and coterie... say anything which casts an aspersion on judiciary and out comes the mantra of "independence of judiciary". Maybe judges need to wake up and realize that when 15 lakhs of cash bundle is delivered to a HC judge's doorstep, or large amount of land assets in Noida are transferred at dirt cheap rate to a HC judge, when large amounts of lands are found to be as assets of another HC judge; then the issue is not about 'independence of judiciary', but saving citizenry from such 'independent judiciary', which it seems is accountable to no one but its own coterie.
They said media reports on 50 to 60 per cent of judges being corrupt are baseless. "The reports also claimed that delay in disposal of cases is only on account of laxity of the judiciary. Such statements are highly derogatory and members of the association deprecate the same. The judiciary's image is tarnished on account of this," they noted.
Comments: A correction here... judiciary does not have an image anymore. Please conduct a survey of citizens, the to find out what they think of judiciary.
"False allegations are being made against judges at all levels without any basis and the courts are often boycotted. The functioning of the judiciary was interfered with only on the basis of reports appearing in the press without verifying the truth..."
Comments: Now one thing is clear... either the lawyers are complete morons, or have taken this opportunity to take some heat off from their own irresponsible behaviour every now and then. Who of the two is wearing the spotless clothes is difficult to say, so it is easy to figure that both of the two groups have something to hide and are engaging in this 'blame the other group' game to hide their own blemishes.
http://timesofindia.indiatimes.com/news/city/bangalore/Judicial-officers-back-CJ-Dinakaran/articleshow/5078948.cms
Excerpts from the news with my comments as Comments:
Expressing solidarity with Chief Justice P D Dinakaran, the Karnataka State Judicial Officers Association has termed the recent reports against him an onslaught on the independence of judiciary.
Comments: Hmmm... Karnataka judicial association is taking the same stand as CJI and coterie... say anything which casts an aspersion on judiciary and out comes the mantra of "independence of judiciary". Maybe judges need to wake up and realize that when 15 lakhs of cash bundle is delivered to a HC judge's doorstep, or large amount of land assets in Noida are transferred at dirt cheap rate to a HC judge, when large amounts of lands are found to be as assets of another HC judge; then the issue is not about 'independence of judiciary', but saving citizenry from such 'independent judiciary', which it seems is accountable to no one but its own coterie.
They said media reports on 50 to 60 per cent of judges being corrupt are baseless. "The reports also claimed that delay in disposal of cases is only on account of laxity of the judiciary. Such statements are highly derogatory and members of the association deprecate the same. The judiciary's image is tarnished on account of this," they noted.
Comments: A correction here... judiciary does not have an image anymore. Please conduct a survey of citizens, the to find out what they think of judiciary.
"False allegations are being made against judges at all levels without any basis and the courts are often boycotted. The functioning of the judiciary was interfered with only on the basis of reports appearing in the press without verifying the truth..."
Comments: Now one thing is clear... either the lawyers are complete morons, or have taken this opportunity to take some heat off from their own irresponsible behaviour every now and then. Who of the two is wearing the spotless clothes is difficult to say, so it is easy to figure that both of the two groups have something to hide and are engaging in this 'blame the other group' game to hide their own blemishes.
Sunday, October 4, 2009
Will judge -- but please increase my salary
This news story is positive yet displays a nagging Indian characteristic about decision making -- we know something is a problem, we know something is to be done to fix it, and then we just keep talking about it over and over again for several years till a real crisis emerges.
http://timesofindia.indiatimes.com/news/india/Cheque-bouncing-cases-clogging-wheels-of-justice/articleshow/5078371.cms
Read the news story below with highlights and my comments as Citizens' Comments:
NEW DELHI: Over 30 lakh cheque bouncing cases are clogging the wheels of justice which have already been slowed down by the weight of 2.7 crore cases pending in the trial courts, the Supreme Court said on Thursday.
A solution is difficult to find, said a Bench comprising Justices B N Agrawal and G S Singhvi. "It is easy to point fingers at the apparent slow pace of justice, but are there enough judges? It's difficult to select even 20 good judges from a total of 3,000 applicants," said Justice Singhvi citing his experience as a member of the selection panel.
Citizens' Comments: Ok. Now we have some handle on the problem. 20 judges selected out of 3000 applicants; the selection ratio according to this will be 1 in 150... if my memory serves me right this is about as tough or tougher than competition to get into prestigious management institutes like IIM. But wait a second, SC judge does not say there are only 20 jobs but only 20 candidates qualify to become judge.
"Will those who point fingers at judiciary care to find out the financial implications of recruiting more number of judges and the willingness of the states to invest more in judiciary," the Bench asked. It said the competent among the lawyers were refusing to become judges.
Citizens' Comments: Now we can't be sure if India is shining for the rich only, or for aam aadmi also; but it seems that no aam aadmi or rich person wants to become a judge. So what is the remedy -- increase salary of judges! If young people do not mind to take up jobs working night shifts in a call centre, what then holds them back from trying to have a job and respectable profession of a judge? A country (ok a city really) like Singapore pays high salaries to judges and high bureaucrats, that is one way to ensure that the competent people do not feel left behind and get tempted into corruption.
Here is another news story with some details on actual salaries of judges of the supreme court. Remember that these salaries levels are after the 3 fold increase which happened few months earlier.
http://www.telegraphindia.com/1091002/jsp/nation/story_11565261.jsp
http://timesofindia.indiatimes.com/news/india/Cheque-bouncing-cases-clogging-wheels-of-justice/articleshow/5078371.cms
Read the news story below with highlights and my comments as Citizens' Comments:
NEW DELHI: Over 30 lakh cheque bouncing cases are clogging the wheels of justice which have already been slowed down by the weight of 2.7 crore cases pending in the trial courts, the Supreme Court said on Thursday.
A solution is difficult to find, said a Bench comprising Justices B N Agrawal and G S Singhvi. "It is easy to point fingers at the apparent slow pace of justice, but are there enough judges? It's difficult to select even 20 good judges from a total of 3,000 applicants," said Justice Singhvi citing his experience as a member of the selection panel.
Citizens' Comments: Ok. Now we have some handle on the problem. 20 judges selected out of 3000 applicants; the selection ratio according to this will be 1 in 150... if my memory serves me right this is about as tough or tougher than competition to get into prestigious management institutes like IIM. But wait a second, SC judge does not say there are only 20 jobs but only 20 candidates qualify to become judge.
"Will those who point fingers at judiciary care to find out the financial implications of recruiting more number of judges and the willingness of the states to invest more in judiciary," the Bench asked. It said the competent among the lawyers were refusing to become judges.
Citizens' Comments: Now we can't be sure if India is shining for the rich only, or for aam aadmi also; but it seems that no aam aadmi or rich person wants to become a judge. So what is the remedy -- increase salary of judges! If young people do not mind to take up jobs working night shifts in a call centre, what then holds them back from trying to have a job and respectable profession of a judge? A country (ok a city really) like Singapore pays high salaries to judges and high bureaucrats, that is one way to ensure that the competent people do not feel left behind and get tempted into corruption.
Here is another news story with some details on actual salaries of judges of the supreme court. Remember that these salaries levels are after the 3 fold increase which happened few months earlier.
http://www.telegraphindia.com/1091002/jsp/nation/story_11565261.jsp
Even HC Judges confused about PWDVA
Here is a news report which covers many of the points about applicability of PWDVA to women as 'respondents', as defined in Sec 2(q) of the act.
http://timesofindia.indiatimes.com/news/city/ahmedabad/Women-fight-for-cover-under-DV-act/articleshow/5085082.cms
An excerpt from the news story:
The lower courts and high courts across the country differ on this issue. The Madhya Pradesh HC has held that complaint can be filed and proceedings can be initiated against adult male persons only under DV Act. In one case, the Andhra Pradesh High Court has taken similar view that women cannot be made respondents, but in another case a division bench of the same high court took a different stand.
The division bench in AP High Court on June 2 this year concluded that the complainant under DV Act has to be a woman and if she is a wife, the female relatives of husband can be named as respondents. Thus, DV Act does not exclude women completely.
It is interesting that now the topic of discussion has shifted to how some women can only file complaints under PWDVA, and some women can only be at the receiving end of it. At what end of the stick you find yourselves is decided based on your relationship to a man. A woman being wife or even live-in partner entitles her to wield the stick, but any other woman relative of a man should be ever ready for getting beaten by the stick.
As regards the act itself which was deemed as 'clumsy drafting' as per SC judgment in 'Batra vs Batra' case, it surely seems the handiwork of certain lawyers who banded together in the name of women protection. Surely their clumsy and shoddy work can only entitle them to be called as Lawyers Defective, however that is the subject of another post...
http://timesofindia.indiatimes.com/news/city/ahmedabad/Women-fight-for-cover-under-DV-act/articleshow/5085082.cms
An excerpt from the news story:
The lower courts and high courts across the country differ on this issue. The Madhya Pradesh HC has held that complaint can be filed and proceedings can be initiated against adult male persons only under DV Act. In one case, the Andhra Pradesh High Court has taken similar view that women cannot be made respondents, but in another case a division bench of the same high court took a different stand.
The division bench in AP High Court on June 2 this year concluded that the complainant under DV Act has to be a woman and if she is a wife, the female relatives of husband can be named as respondents. Thus, DV Act does not exclude women completely.
It is interesting that now the topic of discussion has shifted to how some women can only file complaints under PWDVA, and some women can only be at the receiving end of it. At what end of the stick you find yourselves is decided based on your relationship to a man. A woman being wife or even live-in partner entitles her to wield the stick, but any other woman relative of a man should be ever ready for getting beaten by the stick.
As regards the act itself which was deemed as 'clumsy drafting' as per SC judgment in 'Batra vs Batra' case, it surely seems the handiwork of certain lawyers who banded together in the name of women protection. Surely their clumsy and shoddy work can only entitle them to be called as Lawyers Defective, however that is the subject of another post...
Tuesday, September 29, 2009
Restore Civil Rights to Domestic Violence Laws!
- Have we gone too far with our “get-tough-on-crime” approach to curbing domestic violence?
- Have we become irrational in our approach to women's empowerment and women's rights?
- Are fundamental Constitutional rights being set aside?
- Are we now supporting violation of human rights of innocent men, women and children?
Guilty until Proven Innocent?
Universal Declaration of Human Rights proclaims that “everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law.”
But...
Indian laws against domestic violence presume that the accused is guilty until proven innocent and violate universal principles of fair trial.
Mandatory Arrest?
Article 21 of the Indian Constitution states that "no person shall be deprived of his life or personal liberty except according to procedure established by law".
But...
every year, over 1 lakh innocent persons (one innocent person every 5 minutes) are arrested under IPC Section 498A including 4,000 innocent senior citizens (one innocent elderly person every 2.5 hours) and 350 children (one child per day) without evidence or investigation.
Men do not need protection?
Universal Declaration of Human rights states that “all are equal before the law, and are entitled without any discrimination to equal protection of the law".
Article 14 of the Indian Constitution declares that “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”
But...
Indian laws against domestic violence blatantly deny protection to men against any form of domestic abuse, and every year, over 56,000 married men commit suicide due to verbal, emotional, economic and physical abuse and legal harassment.
Mothers and sisters of husband not women?
Indian laws against domestic violence are touted as tools for women's protection and empowerment.
But...
in the last four years alone, over 1,23,497 women have been arrested under IPC Section 498A alone, without evidence or investigation, not for committing any crime under law, but only because they were related to a man.
The verdict is in…
Indian taxpayers have spent lakhs to implement draconian policies around the country. And the verdict is clear – these policies:
* Trample on Constitutional protections and human rights
* Hurt men, women and children
* Divert limited funds away from the real victims
It’s time to restore civil liberties, respect for victims, and common sense to our nation’s domestic violence laws.
For more info: 9886368480 9739441360 9902055933 9880286694 (http://dvawareness-india.blogspot.com/)
Organizations across India observing Domestic Violence Awareness Month:
- Save Indian Family Foundation
- Save Family Foundation
- All India Forgotten Women
- Rishtey
- Bhavya Foundation
- Gender Human Rights Society
- Protect Indian Family Foundation
- Children's Rights Initiative for Shared Parenting
- Pati Pariwaar Kalyaan Samiti
- Save Indian Family Chattisgarh
Thursday, September 24, 2009
Mr Veerappa Moily - Talk is cheap, where are the results?
If there was an award for a minister for saying all the right things, it should be given to Mr Veerappa Moily, the law minister. Here is a chronology of events and his sayings since he became law minister in new UPA government after elections in May 09.
Note: if at any point you get tired of reading about the news stories of Mr Moily, just jump to the end of the post.
Here is news of Mr Moily being sworn in as cabinet minister (May 22, 2009):
timesofindia.indiatimes.com/India/M-Veerappa-Moily-The-OBC-leader-with-huge-administrative- experience/articleshow/4566308.cms
Here is news of Mr Moily given post of law minister (May 28, 2009):
economictimes.indiatimes.com/News/PoliticsNation/Sibal-to-head-HRD-ministry-Moily-gets-Law/articleshow/4590214.cms
May 30, 2009 - CHICKABALLAPUR: Union Law Minister M. Veerappa Moily on Friday said the Centre would come out with comprehensive anti-terrorism laws in accordance with the recommendations of the Administrative Reforms Commission (ARC), headed by him. Mr. Moily, who assumed office as the Law Minister ... (May 30, 2009):
http://www.hindu.com/2009/05/30/stories/2009053054081100.htm
Jun 3, 2009 - The long-pending controversial women's reservation bill is on "top" of Government's agenda to be made into "reality", Law Minister M Veerappa Moily said on Wednesday. "As far as our party and government is concerned we would like to ensure that it comes early. (Jun 3, 2009):
www.indianexpress.com/news/Women--s-reservation-bill-on---top---of-Govt-agenda--Moily/470624
Mr Moily stating state govts not done enough to ward off menace of capitation fees (Jun 5, 2009):
www.timesnow.tv/Veerappa-Moily-State-govts-not-done-enough/articleshow/4318868.cms
NEW DELHI: The ministry of law and justice is open to judicial reforms and opening up Indian legal services to foreign law firms, minister for law and justice Dr Veerappa Moily said on the sidelines of an event held in New Delhi recently. (Jun 8, 2009):
economictimes.indiatimes.com/News/PoliticsNation/Moily-open-to-judicial-reforms-foreign-law-firms-setting-shops/articleshow/4629348.cms
Law Minister Veerappa Moily looks set to push for a “mechanism” to provide for “punishment” to judges who are proved guilty of corruption — the existing provision for their impeachment only leads to their removal from the post. He also wants some “regulations” to define contempt of... (Jun 15, 2009):
www.indianexpress.com/news/Moily-for-steps-to-take-corrupt-judges-to-task/476498
Mr Moily stating that witness protection programme should be made part of criminal justice system (Jun 23, 2009):
http://www.hindu.com/thehindu/holnus/002200906231031.htm
The Centre will soon bring in legislation to tackle issues related to accountability and corruption in the judiciary, including provision for punishment, Union Law Minister M. Veerappa Moily said on Sunday (Jun 29, 2009):
http://www.hindu.com/2009/06/29/stories/2009062959431100.htm
NEW DELHI: Union law minister Veerappa Moily on Tuesday said he would look into the allegation made by a Madras High Court Judge that a Union minister had tried to influence him to grant anticipatory bail to a doctor and his son in a forged mark sheets case filed by CBI (Jun 30, 2009):
timesofindia.indiatimes.com/India/Govt-will-look-into-HC-judges-allegation-of-minister-pressure-Moily/articleshow/4720278.cms
Law minister Moily says they will examine the Delhi HC judgment on legalization of gay sex among consenting adults (Jul 2, 2009):
http://www.indianexpress.com/news/We-will-examine-the-judgment-before-any-decision
Law minister Veerappa Moily on Thursday reiterated that judicial reforms were on the anvil and would be done as quickly as in two months time, calling it a long-awaited decision (Jul 10, 2009):
timesofindia.indiatimes.com/India/Judicial-reforms-will-be-carried-out-soon-Moily/articleshow/4759504.cms
Union Minister of Law and Justice, Veerappa Moily, on Monday said that more than 2.6 crore cases were pending in the subordinate courts and over 39 lakh cases were pending in high courts across the country (Jul 13, 2009):
sify.com/news/fullstory.php?a=jhnvEjbcega&title=Moily_says_more_than_2_6_crore_cases_pending_in_ subordinate_courts
JAIPUR: The Union law ministry will soon approach the state to mark out the most litigant departments. It has tried to initiate the process for listing the departments facing maximum legal confrontations at the Central level. This was announced by Union law minister Veerappa Moily (Jul 18, 2009):
timesofindia.indiatimes.com/articleshow/4791139.cms
Expressing an identical view, law minister Veerappa Moily had said that the judges could not be equated with politicians and bureaucrats when it came to declaration of assets. "There should be some in-built mechanism in the proposed legislation to protect them from frivolous litigation: (Jul 24, 2009):
timesofindia.indiatimes.com/NEWS/India/CJI-may-have-to-declare-assets-to-President/articleshow/4813847.cms
Forced by the Opposition to shelve the judges' assets Bill, Union Minster for Law and Justice M Veerappa Moily has ruled out fresh deliberations with the Chief Justice of India on the issue (Aug 9, 2009):
http://www.indianexpress.com/news/Judges--assets--Moily-says-will-talk-to-Oppn--not-the-CJI/499850
Union Law Minister M Veerappa Moily on Wednesday virtually backed Chief Justice of India KG Balakrishnan on the issue of assets declaration by judges and said if judges were voluntarily disclosing their assets and wanting to become heroes, it is their wish.(Aug 26, 2009):
www.indianexpress.com/news/if-hc-judges-want-to-become-heroes-it-is-their-wish-moily/507522/
New Delhi, Aug 27 (PTI) With Supreme Court judges deciding to make public their assets, Law Minister M Veerappa Moily today welcomed the move and said it is for the judges to decide how it should be done (Sep 8, 2009):
www.ptinews.com/news/250481_Moily-welcomes-decision-of-SC-judges-to-disclose-assets
DELHI: Barely 24 hours after CJI KG Balakrishnan asserted that sanctions to prosecute babus were not always forthcoming, Union minister for law and justice Veerappa Moily on Sunday said prior sanction should not be needed to prosecute a public servant in a corruption case (Sep 14, 2009):
timesofindia.indiatimes.com/news/india/Amend-statute-to-nail-corrupt-babus-Moily/articleshow/5006715.cms
Not all FIRs should result in court cases: Moily (Sep 21, 2009). He also talks about women judges in Supreme Court among other issues in this interview:
http://www.dnaindia.com/india/report_not-all-firs-should-result-in-court-cases-moily_1291858
Divorce cases should be disposed off in an year (Sep 23, 2009):
http://epaper.dnaindia.com/dnabangalore/newsview.aspx?eddate=9/23/2009&pageno=1&edition=9&prntid=8834&bxid=27950876&pgno=1
Moily's 'Mission': Cut case life from 15 years to 1 year
http://timesofindia.indiatimes.com/news/india/Moilys-Mission-Cut-case-life-from-15-years-to-1-year/articleshow/5047925.cms
Now do you see a pattern in his utterances. He simply seems to echo what seems to be the popular or majority opinion at the time. For example, watch out for his utterances on following issues and just check how many of these have been done:
1. Comprehensive Anti terrorism law... did anything new or substantial happen here?
2. Women's reservation in parliament bill... bolte raho, bolte raho (like an old Hindi movie called jagte raho).
3. Gay laws and Section 377 of IPC. He is careful and sensitive on his utterances here. See the number of gays may be small so there is no vote bank, but can a law minister be seen to be going against liberal opinion (read Western masters' opinion) ? But at the same time he does not dare to offend the real vote bank, so he will not openly support the Delhi HC judgment but cover his words carefully.
4. Assets declaration by judges. See the flip-flops on this continuously: first he sides with CJI Balakrishnan in saying 'judges can choose to be heroes" if they want to, indirectly sniping at Justice DV Shylendra Kumar who had dared to disclose his assets going against CJI and coterie of judges against assets declaration. A few days later, when CJI and coterie decide to give in after seeing writing on the wall, he again says that is the right thing to do! His government tables bill in parliament on assets declaration which says something to the effect that judges will have to declare their assets but only to other judges and no one else! Good that it gets thrown out the same day due to all round opposition.
5. About pending cases and speeding up of trials in courts: His utterances here seem to be clockwork giving the suspicion it is being reminded to him through a software reminder program. Every few days there will be a statement about pending court cases, having three shifts in courts, judicial reforms, recruitment of judges, cases solves in 3 years, in 1 year and what not. How much of that is actually going to happen is anybody guess. Still guessing? are you kidding... people who are achievement-oriented let their work speak for themselves. Talk is cheap!
Note: if at any point you get tired of reading about the news stories of Mr Moily, just jump to the end of the post.
Here is news of Mr Moily being sworn in as cabinet minister (May 22, 2009):
timesofindia.indiatimes.com/India/M-Veerappa-Moily-The-OBC-leader-with-huge-administrative- experience/articleshow/4566308.cms
Here is news of Mr Moily given post of law minister (May 28, 2009):
economictimes.indiatimes.com/News/PoliticsNation/Sibal-to-head-HRD-ministry-Moily-gets-Law/articleshow/4590214.cms
May 30, 2009 - CHICKABALLAPUR: Union Law Minister M. Veerappa Moily on Friday said the Centre would come out with comprehensive anti-terrorism laws in accordance with the recommendations of the Administrative Reforms Commission (ARC), headed by him. Mr. Moily, who assumed office as the Law Minister ... (May 30, 2009):
http://www.hindu.com/2009/05/30/stories/2009053054081100.htm
Jun 3, 2009 - The long-pending controversial women's reservation bill is on "top" of Government's agenda to be made into "reality", Law Minister M Veerappa Moily said on Wednesday. "As far as our party and government is concerned we would like to ensure that it comes early. (Jun 3, 2009):
www.indianexpress.com/news/Women--s-reservation-bill-on---top---of-Govt-agenda--Moily/470624
Mr Moily stating state govts not done enough to ward off menace of capitation fees (Jun 5, 2009):
www.timesnow.tv/Veerappa-Moily-State-govts-not-done-enough/articleshow/4318868.cms
NEW DELHI: The ministry of law and justice is open to judicial reforms and opening up Indian legal services to foreign law firms, minister for law and justice Dr Veerappa Moily said on the sidelines of an event held in New Delhi recently. (Jun 8, 2009):
economictimes.indiatimes.com/News/PoliticsNation/Moily-open-to-judicial-reforms-foreign-law-firms-setting-shops/articleshow/4629348.cms
Law Minister Veerappa Moily looks set to push for a “mechanism” to provide for “punishment” to judges who are proved guilty of corruption — the existing provision for their impeachment only leads to their removal from the post. He also wants some “regulations” to define contempt of... (Jun 15, 2009):
www.indianexpress.com/news/Moily-for-steps-to-take-corrupt-judges-to-task/476498
Mr Moily stating that witness protection programme should be made part of criminal justice system (Jun 23, 2009):
http://www.hindu.com/thehindu/holnus/002200906231031.htm
The Centre will soon bring in legislation to tackle issues related to accountability and corruption in the judiciary, including provision for punishment, Union Law Minister M. Veerappa Moily said on Sunday (Jun 29, 2009):
http://www.hindu.com/2009/06/29/stories/2009062959431100.htm
NEW DELHI: Union law minister Veerappa Moily on Tuesday said he would look into the allegation made by a Madras High Court Judge that a Union minister had tried to influence him to grant anticipatory bail to a doctor and his son in a forged mark sheets case filed by CBI (Jun 30, 2009):
timesofindia.indiatimes.com/India/Govt-will-look-into-HC-judges-allegation-of-minister-pressure-Moily/articleshow/4720278.cms
Law minister Moily says they will examine the Delhi HC judgment on legalization of gay sex among consenting adults (Jul 2, 2009):
http://www.indianexpress.com/news/We-will-examine-the-judgment-before-any-decision
Law minister Veerappa Moily on Thursday reiterated that judicial reforms were on the anvil and would be done as quickly as in two months time, calling it a long-awaited decision (Jul 10, 2009):
timesofindia.indiatimes.com/India/Judicial-reforms-will-be-carried-out-soon-Moily/articleshow/4759504.cms
Union Minister of Law and Justice, Veerappa Moily, on Monday said that more than 2.6 crore cases were pending in the subordinate courts and over 39 lakh cases were pending in high courts across the country (Jul 13, 2009):
sify.com/news/fullstory.php?a=jhnvEjbcega&title=Moily_says_more_than_2_6_crore_cases_pending_in_ subordinate_courts
JAIPUR: The Union law ministry will soon approach the state to mark out the most litigant departments. It has tried to initiate the process for listing the departments facing maximum legal confrontations at the Central level. This was announced by Union law minister Veerappa Moily (Jul 18, 2009):
timesofindia.indiatimes.com/articleshow/4791139.cms
Expressing an identical view, law minister Veerappa Moily had said that the judges could not be equated with politicians and bureaucrats when it came to declaration of assets. "There should be some in-built mechanism in the proposed legislation to protect them from frivolous litigation: (Jul 24, 2009):
timesofindia.indiatimes.com/NEWS/India/CJI-may-have-to-declare-assets-to-President/articleshow/4813847.cms
Forced by the Opposition to shelve the judges' assets Bill, Union Minster for Law and Justice M Veerappa Moily has ruled out fresh deliberations with the Chief Justice of India on the issue (Aug 9, 2009):
http://www.indianexpress.com/news/Judges--assets--Moily-says-will-talk-to-Oppn--not-the-CJI/499850
Union Law Minister M Veerappa Moily on Wednesday virtually backed Chief Justice of India KG Balakrishnan on the issue of assets declaration by judges and said if judges were voluntarily disclosing their assets and wanting to become heroes, it is their wish.(Aug 26, 2009):
www.indianexpress.com/news/if-hc-judges-want-to-become-heroes-it-is-their-wish-moily/507522/
New Delhi, Aug 27 (PTI) With Supreme Court judges deciding to make public their assets, Law Minister M Veerappa Moily today welcomed the move and said it is for the judges to decide how it should be done (Sep 8, 2009):
www.ptinews.com/news/250481_Moily-welcomes-decision-of-SC-judges-to-disclose-assets
DELHI: Barely 24 hours after CJI KG Balakrishnan asserted that sanctions to prosecute babus were not always forthcoming, Union minister for law and justice Veerappa Moily on Sunday said prior sanction should not be needed to prosecute a public servant in a corruption case (Sep 14, 2009):
timesofindia.indiatimes.com/news/india/Amend-statute-to-nail-corrupt-babus-Moily/articleshow/5006715.cms
Not all FIRs should result in court cases: Moily (Sep 21, 2009). He also talks about women judges in Supreme Court among other issues in this interview:
http://www.dnaindia.com/india/report_not-all-firs-should-result-in-court-cases-moily_1291858
Divorce cases should be disposed off in an year (Sep 23, 2009):
http://epaper.dnaindia.com/dnabangalore/newsview.aspx?eddate=9/23/2009&pageno=1&edition=9&prntid=8834&bxid=27950876&pgno=1
Moily's 'Mission': Cut case life from 15 years to 1 year
http://timesofindia.indiatimes.com/news/india/Moilys-Mission-Cut-case-life-from-15-years-to-1-year/articleshow/5047925.cms
Now do you see a pattern in his utterances. He simply seems to echo what seems to be the popular or majority opinion at the time. For example, watch out for his utterances on following issues and just check how many of these have been done:
1. Comprehensive Anti terrorism law... did anything new or substantial happen here?
2. Women's reservation in parliament bill... bolte raho, bolte raho (like an old Hindi movie called jagte raho).
3. Gay laws and Section 377 of IPC. He is careful and sensitive on his utterances here. See the number of gays may be small so there is no vote bank, but can a law minister be seen to be going against liberal opinion (read Western masters' opinion) ? But at the same time he does not dare to offend the real vote bank, so he will not openly support the Delhi HC judgment but cover his words carefully.
4. Assets declaration by judges. See the flip-flops on this continuously: first he sides with CJI Balakrishnan in saying 'judges can choose to be heroes" if they want to, indirectly sniping at Justice DV Shylendra Kumar who had dared to disclose his assets going against CJI and coterie of judges against assets declaration. A few days later, when CJI and coterie decide to give in after seeing writing on the wall, he again says that is the right thing to do! His government tables bill in parliament on assets declaration which says something to the effect that judges will have to declare their assets but only to other judges and no one else! Good that it gets thrown out the same day due to all round opposition.
5. About pending cases and speeding up of trials in courts: His utterances here seem to be clockwork giving the suspicion it is being reminded to him through a software reminder program. Every few days there will be a statement about pending court cases, having three shifts in courts, judicial reforms, recruitment of judges, cases solves in 3 years, in 1 year and what not. How much of that is actually going to happen is anybody guess. Still guessing? are you kidding... people who are achievement-oriented let their work speak for themselves. Talk is cheap!
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