Supreme Court Judgesor Cry Babies

Supreme Court Judges or Cry babies 09-08-2008
Afraid of false cases, which may be registered by police against them

The Supreme Court Bench recently observed
“Insensitive officials need regular flogging”: SC
Sir
This is with reference to the above observations of the Supreme Court Judge Sri B.N. Agarwal while hearing a case of a Agra woman, whose FIR was not lodged by the Police although her daughter had been kidnapped & the observations were made because the Honorable Judge was aghast at the lack of action of the police, who failed to register an FIR. Directions were issued that all F I R’s must be registered by the Police.
These directions were issued on July-14th 2008 & again on August 8th 2008, in:-
WRIT PETITION (CRL.) NO.68 OF 2008
LALITA KUMARI Petitioner(s)
VERSUS
GOVT.OF U.P.& ORS. Respondent

The directions are no doubt very welcomed by all.
Now compare this with the Observations of the Supreme Court bench which was hearing the gaziabad case relating to corruption of the Judges, who were said to have received gifts from the beneficiaries of the provident fund ghotala of Ghaziabad Court. The Judges of the Supreme Court Bench observed- “That the Judges needed to be protected from prosecution because otherwise many false cases will be filed against them and they will be harassed”.
Sir just imagine that the Supreme Court Judges are scared that false cases may be filed against them, leading to their harassment although they know fully that even if that happens, no police man will ever have the courage to question them and the false complainant will never know what hit him because the entire might of the Indian Union will be there to protect the Judges.
However as regards the general public, it is a well known fact that thousands of false complaints are lodged against innocent persons daily leading to their harassment.
Same thing happened with me when I sought Information regarding properties grabbed by the Dainik Jagran group of Newspapers in Kanpur. They tried to lodge a FIR against me with a Police Station through a Scheduled caste Sweeper invoking every IPC section in the book. May be we should get together & take up the matter of False Police reports. The Cr P C code in India & the IPC are without adequate safeguards in them to protect the citizens against false complaints.
The history of criminal trial in India & the mind set of the Judges, brings out a very disturbing picture and that is that if a F I R is lodged, then PUNISHMENT & IMPRISONMENT IS MUST no matter how false the Complaint may be. Because if the Police finds the complaint to be bogus & expunges the F I R or files Final report then their action can be & is very often challenged in the Courts on hundreds of grounds, like by saying that police has taken bribe etc from the accused etc etc. On the other hand if charge sheet is filed howsoever false it may be then no Court will interfere & a innocent person will be harassed through out his life.
The provisions against false complaints, like IPC Section 182 have no teeth. Therefore there should be some provision in law of immediate Narco examination of the Complainant , to ensure that false complaints are not filed & penalty of false complaint should at least be Life imprisonment. If Forensic tools like Narco analysis can be used against the accused then why not against the Complainant and that too compulsorily. Every body knows that the named persons in Dowry/SC-ST Act etc are almost always falsely implicated .In murder cases also, persons are named in the FIR by false eye witnesses & they have to struggle in Courts for decades to be cleared & if the false witness is experienced then often the innocent are punished also.
I am giving below an example of the Allahabad High Court Judgment by which the directions given by the Sessions Judge, to the Police, to file an F I R against a false complainant were set aside by the High Court. The details are:-
A F R Court No. 55. Crl. Misc. Application No.6269 of 2008.
Lekhraj.............................Appellant vs. State of U.P.........................Respondent.
Hon. Vijay Kumar Verma,J.
Para-3;- “Shorn of unnecessary details, the facts leading to the filing of the application under section 482 Cr.P.C. in brief, are that the applicant Lekh Raj had lodged an FIR at P.S. Kotwali, Rampur at Crime No. 322/2002. After investigation of the case, chargesheet was filed and on committal of the case to the court of session for trial, S.T. No. 223 of 2007 was registered against the accused Mahendra and others. While passing judgment in that Session Trial on 20.02.2008, the learned Sessions Judge Rampur, was of the opinion that the informant Lekh Raj (applicant herein) had lodged false FIR against the accused persons and hence, FIR should be lodged against him for the offence punishable under section 182 I.P.C. Consequently, SSP Rampur was directed to get the FIR lodged against the informant for lodging false report against the accused.
Para-4. “ It is contended by learned counsel for the applicant that at the time of passing the judgment in session trial No. 223 of 2007, the court below could not issue direction for lodging the FIR for the offence punishable under section 182 IPC against the informant and if the informant had given false evidence during the trial, then he could be punished either by adopting the procedure provided under section 344 Cr.P.C. or complaint could be filed against him in the competent court for giving false evidence, but FIR cannot be lodged at this stage for the offence punishable under section 182 IPC.”

Para-9:- “Consequently, the application under section 482 Cr.P.C. is allowed and that part of the impugned judgment dated 20.02.2008, passed by the Sessions Judge Rampur in S.T.No. 223 of 2007 (State vs. Mahendra & others), whereby direction has been issued to SSP Rampur to get the FIR lodged against the informant/applicant Lekh Raj for the offence punishable under section 182 IPC and consequent FIR, if lodged in pursuance of that direction, are hereby quashed. The Registrar General is directed to send a copy of this order to Shri N.K. Jain, the then Sessions Judge Rampur (Now Sessions Judge Ghaziabad) for his guidance in future.”
Dt. 09.04.2008.

Look at the state of the Justice system in India, it is said that a person is deemed to be innocent till proven guilty. However in India it is just the opposite, as soon as an FIR is lodged against any one, no matter howsoever innocent he may be, he is arrested & sent to jail under Judicial custody & instead of the prosecution proving him guilty, it is he who has to prove his innocence & although the Courts below are empowered to grant bail but they simply do not do so & just keep on pushing the responsibility upwards often to the Supreme Court & 99 % of the persons simply can not afford it & simply languish in Jail. How can a Magistrate or a Judge remand a person to Judicial custody even when the police do not seek his remand & he is not even needed for investigation? How can the Court assume that the person if free will interfere with investigation? How ? This is the only excuse they always give. All this is done so that their brothers of the legal fraternity can reap benefit of the agony of the accused person & earn fat fees. The Jail manuals made hundred years ago simply ignore the fundamental Rights granted by the Constitution & are hit by Article-13 of the Constitution but then no body in the Country understands Article-13. Why should an accused deemed innocent person be forced to live in a dirty room with tens of others? Why should he be forced to eat the dirty & rotten food of the Jail? Why should he be deprived of his privacy, deprived from a clean toilet? Deprived of his newspaper, his T.V, clean clothes? While the Judges, the Parliamentarians, the Legislators & other Government Employees grow fat on public money. There are thousands of cases where people have spent years in jail for murder of some person who later turns out to be alive .Now how do you compensate them for the loss of precious years of their lives? There must be some law to see that in such cases the investigating officers/Government prosecuting Counsel & the sentencing judge are punished by sending them to jail.
Therefore the Judges before passing such judgments should firstly pass directions to ensure that innocent persons are not harassed on account of false F I R’s and persons filing false complaints are given stringent punishment. I am sure that if this question is posed to the Judges, they will most likely say “We are not the Parliament, it is for the Legislature to amend the I P C or Cr P C etc etc .”


Robby Sharma865, Block-B, Panki Kanpur-208020Mob-9415438326;9235844258.
Email—sharmarobby@hotmail.com