Tuesday, July 17, 2012

hot cakes to hot potatoes

So this judge made a rather interesting observation today... "The questions raised by the arrest and detention of SM Kazmi will have repercussions on the entire judicial process that is being followed under the stringent Unlawful Activities Prevention Act"... No shit sherlock... I, a barely graduated law student cum rookie journo could've told you that....when the police and courts start taking decisions without clarifying points of law, somewhere or the other the lapses will come back to bite the entire system on its ass.

I wonder why the criminal justice system in this country is so messed up... on one hand you have police officers and lawyers who take money to bury cases of rape and murder, on the other hand you have overzealous or just plain careless prosecutors who come strutting to court without clearly figuring out just what their argument is going to be, on a different hand you have prosecutors who bludgeon their way through procedures and laws just because they're the "state" and can do no wrong.. another hand shows you judges who either don't care about what rules they're bending, or just let their exalted status inflate their egos and then refuse to hear any plea that's against their opinion. on yet another hand you have turf wars between the police departments, on yet another ego clashes between prosecution and judges.

any way you look at it, that is far too many hands groping around and sullying the criminal justice system of the country..
 

Sunday, July 08, 2012

the curious case of SA Kazmi

so the law is either the written word or customary practice.. but what about when the written word is ambiguous and the practitioners are stumbling all over themselves to figure out what to do??? then we get the case of a man in Judicial custody being taken up and down the judicial ladder while judges all over the place try to assign authority to each other.
SA Kazmi was arrested under the provisions of the Unlawful Activities Prevention Act, the UAPA.He is currently in custody of the Delhi Police Special Cell. While I , and indeed the rest of teh world, don't know enough about the charges against him and the evidence available to even begin to hazard a guess about his guilt or innocence, the past couple of weeks have shown me that the Legal system in place to handle such special laws is quite seriously suffers from ambiguity and lack of clear authority structure.

The Police brought him before the Chief Metropolitan magistrate, the highest of the lowest rung of criminal judiciary. Then the Sessions court, which is the next rung on the said that the CMM does not have the power to hear cases under the UAPA. So the matter stood still for a while and then was heard by a Sessions court. Then the police decides to approach the High Court of Delhi, the highest judicial authority in the state. The high court decides to deliberate on the question of jurisdiction, and in the interim says that the prevailing practice i.e of bringing such cases before the CMM's court, should continue. The High court will now decide on the question in October.
Meanwhile, this man who has been in police custody for over three months is taken to four different courtrooms in the span of two days while judges remain confused. Is this really how a legal system with such a huge number of written statutes is supposed to work???

And he isn't the only person affected by this legal confusion, questions may be raised about the legality of the detention of others, including suspected terrorists allegedly belonging to the Indian Mujahideen and Lashkar -e - toiba, simply because the courts haven't decided who exactly is competent to hear cases of people arrested under the UAPA. If the High Court decides that the CMM never had jurisdiction, then the courts will be left with a fair amount of eggs on their faces, specially because the fate of terror suspects hangs in the balance.

Saturday, July 07, 2012

the little blue stone thats taken up a corner of me

so you say that men and women can't be just friends,.. that the only reason you were around was because you thought you had a chance to get into my pants...
fuck you
i have far too many friends who negate your little stream of thought.. better peopler than you.
and i'm done feeling guilty for hurting you.


there was a time that i blamed myself for the mess that you were in... a time when i promised myself that i'll be there for you through everything.. just to make sure you didn't ge upset..
but now that i've seen what a coward you are..
i'm done
I'm done trying to figure out excuses for your behaviour.. when you choose to pklay the injured party despite knowing exactly where my affections lie..
done trying to invove you. contact you and try to retain a friendship that never was.

since you require a 'lip man' to say whatever it is that you don't have the balls top admit to my face, i'm gonna stop trying to get you to speak.


goodbye
i honestly thought we were better friends than this.