Judges can use mobiles in court HC Dismisses Argument That Judge Didn’t Apply Mind During Court Martial
Dhananjay Mahapatra & Abhinav Garg | TNN New Delhi: Even in the face of overwhelming evidence against the accused, can a judge be said to have done complete justice if he was found to be sending SMSs during the hearing of arguments in the case? This question came up before the Delhi high court as a naval officer questioned his conviction in a corruption case. In the face of voluminous evidence against him, the officer raised several grounds before Justice Sanjay Kishan Kaul to allege that the trial was vitiated. One of the allegations was that the president of the court martial had not applied his mind judiciously to his case as it was found that during the hearing he had used his mobile phone extensively to send SMSes, though unrelated to the case, to others. After weighing the evidence, which was squarely and conclusively against the officer, Justice Kaul brushed aside all objections raised against the court martial proceedings, upheld his conviction and dismissed his appeal. However, the question remained and would continue to haunt the judiciary and quasi-judicial bodies — can a judge during a hearing use his mobile phone and keep sending SMSes without it affecting his ability to grasp the arguments? Counsel Meet Malhotra, appearing for the court martial convicted M P Verma, produced before the HC voluminous records from MTNL showing the large number of SMSes sent by the president of the court martial proceedings. He then asked the question: “Can the president of the court martial be said to have applied his mind to the case if throughout the proceedings he was sending SMSs to such a large extent? Does this not exhibit that he gave no attention to the trial?” Convinced about the guilt of the accused, Justice Kaul was not to be distracted by the SMSs sent by the president of the court martial. He said: “The allegation that the president of the court martial had not applied his mind while holding the trial has not been substantiated.” “Merely because some SMSes were sent by the president on a particular day or two would not reflect the nonapplication of mind by the president of the court martial, more so when the accused was duly represented by defence counsel who has cross-examined each and every witness throughout the trial and has made all objections whatever available to him while recording of the evidence of those witnesses,” Justice Kaul said. ( Judges consider themselves as superhumans, capable of concentrating on matters, whether while sending SMSs or sleeping ... They believe ordinary humans have no right to doubt their abilities. All this is, because people bow and grovel before them, and repeatedly call them "My Lord" ... IKC ) Warrant Industry...How the Magistrate / Police partnership flourishes. I K Chhugani http://www.RoguePolice.com Mobile 091 98201 71571 --- On Sat, 11/1/08, Jagnarain Sharma <[EMAIL PROTECTED]> wrote: From: Jagnarain Sharma <[EMAIL PROTECTED]> Subject: Re: [rti_india] Judge Didn’t Apply Mind ? ... Remember Judges are superhumans To: [email protected] Date: Saturday, November 1, 2008, 5:29 AM Dear Chhugani Dont' say super human but say the Judges of the Hon. High Court are GOD and not only GOD but SUPER GOD. It is also said that Courts are ' NAYAY KA MANDIR ', and it is also true that in a MANDIR only GOD sits. That is why they are called Nyay-Murti. And it is also true that Hon. High Court Judges have inherent powers or may suo-moto can take cognizance. What ever I am writing, it is my own personal experience, which took place with me. That is the reason, it is my personal request, that review powers with CIC should continue, because many many people can not afford to or approach Hon High Court, which is not also cost effective and Judgments will take years to come. I find many of the RTI activist are happy that let it go to High Court, but it is my personal view that we should fight that review power should continue with CIC. However, those who have resourse, may still like to go to High Court. let it be one of the agenda for the seminar going to be held on 22 and 23 Nov. in Lucknow Regards Dr.JN Sharma On 10/31/08, I K Chhugani <[EMAIL PROTECTED] com> wrote: > > Judge Didn't Apply Mind ? ... Remember Judges are superhumans > > In a move that smacks of bureaucratic red tapism, the Central > Information Commission (CIC) will no longer allow review of its > decisions. A recent change in the CIC (Management) Regulations, 2007, > now makes it clear that CIC's decision can only be reviewed through > a writ filed in the high court and Supreme Court. > > ( Judges consider themselves as superhumans, capable of concentrating on > matters, whether while sending SMSs or sleeping ... They believe > ordinary humans have no right to doubt their abilities. All this is, > because people bow and grovel before them, and repeatedly call them "My > Lord" ) > > full details at http://www.roguepol ice.com/rticourt .htm > <http://www.roguepol ice.com/rticourt .htm> > > > > [Non-text portions of this message have been removed] > > [Non-text portions of this message have been removed]
