Dear Chhugani
Thanks
Dr.J.N. Sharma
On 11/1/08, Indur Chhugani <[EMAIL PROTECTED]> wrote:
>
> 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]
>>
>>
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