Monday, January 19, 2015

Bails for accused without resposibility













   Recently a Mysore realtor was threatened by a local don that he will be killed unless he paid his demand. The realtor went to police and the goon was arrested. But the local court released the goon who engaged a lawyer who knows.The goon with his accomplices killed the realtor next day itself. the court is not responsible for this death. 
There are bailable and non bailable offenses in IPC and Police Inspector incharge will be hauled up even for giving bail for bailable offenses. So they pass the buck to courts who without any responsibility release these terrorists with knowing lawyers arguments..Recently Pakistan has enacted an amendment to its constitution to have Military courts to try the terror accused as civilian courts are influenced by threats bribery etc. POTA, TADA all are allowed to lapse due to socalled Human rights lawyers whose only concern is Human rights of criminals and not their victims.It is time we have also a law like POTA as terrorists and naxalites do not want democracy to succeed. They believe in anarchy and terrorizing the citizens..
The saga of bail application by a terrorist accused Shri Madani in the High court as well as Supreme court of India will be revealing as one goes through the following llinks. When sessions court denies bail, he gets it in High court if not the Supremo court is always there with the battery of Human rights lawyers. Now this terror accused was one of the 33 Terrorists whose release was demanded by Kandhahar hijackers of Indian airlines flight which was later trimmed down. This has no relevance to Coimbatore blast case,Chinnaswamy stadium ,Bangalore case nor was the BJP Bangalore office blast case etc etc because as per IPC, prosecution cannot link these cases. this may be OK for ordinary cases of IPC but terror cases have to be different and evidence in those cases will not be straight forward as in other cases due to the fear which the terror accused causes through his organisation amongst the witnesses and also Judiciary. This can be seen in the case of Prof Hafeez Saeed of LET/JUD whose conviction cannot be obtained in Pakistan court due to lack of witnesses and the very fear his organisation brings upon the prosecution and even state of Pakistan. Now the Pakistan state has to resort to Military courts to try those accused in terror cases by amending their constitution. The Supreme court released him on bail with some funny condition that the State of Karnataka must ensure Madani does not influence witnesses!!!!His wife who is facing trial in the killing of two college girls of Tamilnadu bus who was not allowed to go out of Kerala is now allowed to meet her husband. The recent Church road blast in Bangalore, Patna blast and Pune blast are all getting connected to Al Uma of Coimbatore blast fame , Bhatkal module of Indian Mujahadeen , one can see the sophistication of terror perpetrators. But then to prove in court of law how they are connected cannot be done through normal Indian law which is based on Indian evidence act. Most of these guys will soon get released on bail and Supreme court justices can have their clear conscience because they followed the law to the T. and they are not responsible when the next terror strike occurs by the same terrorists.
Normally one finds the Human rights lawyers all try to follow one common agenda which is akin to EU/ US agenda with regard to LGBT community Climate change , rights of terror accused, smugglers,hawala traders etc and ofcourse Nuclear non proliferation They are also members of SCBA the powerful lawyer club which boasts of members like Kapil sibal, Singhvi, Chidhambaram, Arun Jaitley, Shiv shankar prasad etc etc.
Soon India will find the same dilemma which USA faces with regard to Gitmo or EU with its own terror accused. If India wants democracy to survive they have to deal with this problem soon.The daring way a mafia accused being taken for treatment was killed in broad day when he had 10 police escort vehicles shows how the killers are getting bold and have scant regard for the slow Indian Criminal justice system.
 
 



http://www.rediff.com/news/special/madani-is-more-than-a-terror-suspect-for-kerala-cm-chandy/20140731.htm


http://www.rediff.com/news/2005/aug/18madani.htm      (cooimbatore blast denied bail)

http://news.webindia123.com/news/Articles/India/20140711/2422837.html  (Bail granted 2014)





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