By

B.N.Gururaj, Advocate

Mr.Mahesh Bhatt, the well known film director has complained to a person no less than the Prime Minister about the treatment meted out to his son Rahul Bhatt. His grievance is that the latter voluntarily gave information to the investigators and having discharged his duty as a responsible citizen, now he is being tarnished by linking his name with the master terrorists like David Headly and Tahawur Rana.

This situation reminds one of Oscar Wilde's statement about "feasting with leapord". Those who want to keep company of dangerous people cannot complain about the consequences of keeping such company. A grown up person like Rahul Bhatt voluntarily keeps company of such murderous conspirators, who do not sully their hand directly with blood, but are responsible for the death of couple of hundred Indian and foreign lives. The fact that he volunteered to disclose his contact can hardly absolve him of the liability incurred by him. That he volunteered to give information to the investigators seems like an attempt to pull wool over the eyes of the investigators. Having sown wind, the Bhatts must reap whirlwind.

One hopes that Dr.Manmohan 'timid' Singh will not buckle under the name and fame of Mahesh Bhatt and interfere with the investigation. After 26/11 tragedy, one hopes that even as weak a prime minister as Manmohan Singh has better sense than interfere with an investigation of national importance.

The role of Mahesh Bhatt himself requires to be looked into. He is always in the forefront to defend all the anti-indian forces, Hindu baiters, rascals and traitors. It seems like a cozy family set up. Son with Hindu name and Nephew with Muslim (Emran Hashmi) name cozying up with terrorist planners and father, based on his past reputation comes forward to defend them. People like him, who are muslims, but masquarade around with Hindu names are causing great damage to the Hindu society in particular and the nation's security in particular. So called creative people and film land bufoons with their childish impulses seem to make excellent recruits for treacherous work to be done within the borders. One is reminded of the role of Ghazal singer from the film "Sarfarosh".

Instead of caring for Mahesh Bhatt's letter, one hopes that he will direct the NIA to investigate the role of this person himself. People like Mahesh Bhatt and Teesta Setalwad deserve to be banished from civilized society

y

B.N.Gururaj, Advocate

A Partition is now in progress in the State of Karnataka, after the fashion of partitioining of Hindu Joint Families. The coparcenes are Yediyurappa the Chief Minister and the Reddy-gang. Since the elders of the family, viz., the High Command has decided that Yadiyurappa must remain the CM but the Reddy gang must not be displeased, the former has been advised to yield to all the demands of the Reddy gang, be it postings of officers or making the former Speaker of Legislature Mr.Jagadish Shettar a cabinet minister. Though there are five crore stake holders and host of newspapers and magazines, all are apathetically watching the partitioning process as though they have nothing to loose.

BJP high command has given green signal to the Reddy gang to loot the State as best as they can. Otherwise, why else the Reddy gang would want their henchmen officers posted at positions of their choice? Only the fool and the naive would believe that the Reddy gang is driven by the altruistic motive of betterment of the State. Reddys are essentially businessmen, who are in politics to protect and augment their business interests.

The lack of interest shown by the Opposition Leadership and the Governor in the goings on in the Government is indeed shocking. None has shown the guts to call the Chief Minister and ask him what is the sanctity of the so called Core Committee which is supposed to decide all matters.

Indian constitution has adopted the Cabinet form of Government, where the cabinet is ultimately answerable to the Parliament or the Legislature. By forming the core committee loaded with the minions of the Reddys and Yeddy, the constitutional power vested in the cabinet has been usurped. This extra-constitutional body will act as true cabinet, but will not be accountable to the Legislature. The cabinet, which is answerable to the Legislature will be reduced to the role of a rubber stamp - approving whatever the core committee decides.

BJP, Yediyurappa and the Reddys are making mockery of political system adopted in the Constitution. But, the Governor does not even seem interested in knowing what is happening. He is too busy acting as the political agent of congress bosses from Delhi.

By

B.N.Gururaj, Advocate

Mr.Yadiyurappa, the CM of Karnataka is a beleagured man. He is cornered by his own partymen, who have unbelievably huge monetary resources at their disposal. This is the price he has to pay for making pact with the Devil. BJP's electoral campaign was marked with flow of money to buy votes. A party and a leader who has adopted such cynical attitude towards voters and democratic process is paying the price for ignoring the strength that comes to politician with mass-base. Mr.Yadiyurappa chose to substitute his popular strength with money strength of the Reddys and is now their hostage.

It would seem that Mr.Yadiyurappa is like a monkey with the paw in the bottle. If he refuses to yield, his government will be brought down by the sixty plus MLAs who are now in the camp of Reddys.

But, people like the Reddy gang are cowards. They are mainly manipulators. They cannot directly take the responsibility of running a State. When someone is responsible for running the State, these Reddys will be busy doing what they are best at doing - augment their business interests at the cost of development in the State. That is a key difference between Mr.Yadiyurappa and the Reddys. While Mr.Yadiyurappa is a politician with some business interests, the Reddys are mainly businessmen with political interest to support their business. In the final analysis, a politician like Mr.Yadiyurappa will do something for the State and the People. But, the Reddys will do nothing for the people. They will throw crumbs at people, be they draught affected or flood affected. Their main focus will be to augment their already bloated coffers.

It is hardly surprising that these people do not want to oust Mr.Yadiyurappa. It serves their best interests when there is a ready and willing scape goat like him, as they grab more interesting and useful ministries like forest, mining, and the like. Yielding to their demands will be tantamount to licensing them to loot the State's resources. Under the circumstances, it is better that the BJP government resigns and lets others form a new government, or seek fresh mandate, than remain hostage of the Businessmen who have no interest either in the welfare of the State or the people.

Karnataka seems to be passing form the hands of Politicians to that of Businessmen, who can exploit the State's resources on a far larger scale than any clique of crooked politicians and bureaucrats can do. If the Reddy gang does not see exit from politics, Karnataka will be on the way to becoming another Jharkhand or Bihar, a State run by the exploitors.

Corruption seems to have reached all time high under the BJP regime. Almost nothing gets done in the State Government offices without spilling money. But, Mr.Yadiyurappa's government is oblivious of such perilious situation.

This State has not seen a Speaker like Mr.Jagadish Shettar. Instead of remaining non-paritsan, he is in the thick of dissident politics of BJP and wants his minions in the ministry so that these people can be permanent thorn on the side of Mr.Yadiyurappa.

Mr.Yadiyurappa's liabilities are not V.P.Baligar, or Shobha Karadnjlaje, but his ambition to hang on to power at any cost, even at the cost of facing daily humiliation for the next three years.

By

 

B.N.GURURAJ, Advocate.

 

Our Union Home Minister Mr.P.Chidambaram must have a strong sense of bad timing. A few days back, he stated that Maoists are not terrorists. He must be ruing this statement. Within next couple of days, the Maoists hijacked an entire train for release of one of their comrades. Fortunately for him, this dumb statement has not yet come in for public criticism.  If people who cannot be put down even by armed police and army, if these people use sophisticated weapons against the army and police, aren’t they terrorists. If these people are not terrorists, what is the label to be affixed to them?

 

Paradoxically, in the Karnataka High Court, someone filed a PIL seeking action against people who had attacked churches in Karnataka. The petition also labeled such attackers as terrorists. The High Court prudently cautioned the petitioners not to use strong labels like “terrorists” to people who attacked churches.

 

What emerges is this: for the liberal brigade, an attack on a church, or mosque, or a criticism of minorities is an act of terrorism. But, Maoists, though wield as sophisticated a weapon as the army or armed police, they are not terrorists!

 

------

 

In this blog, I have generally given the middle name “timid” to Dr.Manmohan Singh, our esteemed Prime Minister, who also happens to be a sardarji. Sardarjis are generally known for their boldness, bravery and assertiveness. But, here we have a Sardar PM who is ready to genuflect before the adversary.

 

In recent times, China has behaving rather provocatively towards India. First, the issue of passport to Kashmiris on separate sheet of paper instead of stamping on the passport. Second, incursions into Ladakh and red-painting areas claiming China’s right over the land. Third is the Arunachal Pradesh episode where the Chinese objected to Dr.Manmohan “timid” Singh’s visit to that State for electoral propaganda. This would have been unthinkable in any other regime, but for the timid spineless regime of Manmohan Singh. Besides, Chinese release statement that visit of Dalai Lama is unacceptable to them. Today, someone has stated that Dalai Lama’s very presence is a political problem to China.

 

Surprisingly, within a week or thereabouts, Manmohan Singh and some Chinese counterpart meet. As per newspaper reports, there is no whisper about either Ladakh incursions, or Arunachal Pradesh antics. All they talk about is business. The crumbs that come to India by way of business with China is more important than the territorial integrity, strategic interests of India, and most importantly self respect of a nation.  

 

China never does anything by accident. It is always by design. They have generally managed to lead the Indian Government by its nose to wherever they have liked. They are actively participating the so-called development in PoK, they are arming Bangladesh, they are arming Indian Maoists and other insurgents, they have more than friendly relationship with India’s neighbours such as Pakistan and Sri Lanka. China is trying to surround India with hostile elements both from within and from outside. But, all that our PM can talk about is business and earning few more dollars. How shameless a PM can get, and how shameless he can render a nation?

 

Even Pandit Nehru, the closet communist did not stoop this level of lack of self-respect. Manmohan Singh is worse than him. Definitely Indira Gandhi, for whom I do not have much respect would not have behaved so shamelessly. 

Politicians, especially the Indian type seem to be the scum of this earth. Nothing is holy or sacrosanct for these people crazed with electoral politics and electoral brownie points.

When Karnataka has suffered greater calamity due to unprecedented floods, the Central Government releases emergency funds which is barely a third of the money released to the neighbouring Andhra Pradesh.

The Congress leaders in the State of Karnataka, instead of working for the cause of the people of the State act like the agents of the Central Government and gang up against the State Government. They accuse the State Government of not utilising some other grant given by the Central Government, though they know that funds allocated for one purpose cannot be diverted for other purpose, even for flood relief.

The Central Government is playing typical disaster politics just as Indira Gandhi used to play. Starve and harass the States ruled by the opposition Government. She perfected this technique during the Seventies and the Eighties. It has become the ingrained work culture of Congress - to place politics above people.

It is because of this petty mindedness that Congress has become all but extinct in Karnataka. But, this party with only leaders does not seem to have learnt its lessons.

In between there are stories that such of those calamity hit districts, which has influential leaders, or which are pro-ruling party are getting better and faster aid and relief than other districts which are in the opposition camp. What can be more despicable than this?

It seems that the electoral system in this country is designed to bring to power only the enemies of the public. These leaders deserve to be lynched by the public.

Almost sixteen months after coming to power, the BJP in Karnataka has realised that its ministers have not learnt the job. Hence, a seminar lasting about four days has been arranged for the Ministers of Mr.Yadiyurappa. Who can be the best teacher, but the person who has traded the path of development of State successfully? It is not surprising that the choice of being the first teacher fell on Mr.Narendra Modi, the much beleaguered, but one of the most successful chief ministers of our country.

When Mr.Narendra Modi does something or says something, his detractors cannot be far behind, nor can they keep quite. Predictably tirade has started against him. One more round of condemnation of Mr.Modi for Gujarat riots, questioning the wisdom of holding classes and seminars for ministers sixteen months after coming to power, "what are the ministers doing sitting in the class room, when the state is reeling under heavy rains and floods?" (you can read drought for rain etc), 'why hold these classes in the precincts of a monastery?". "Why outside Bangalore when it results in vacuum in the State Secretariat?". Next, why should RSS men come and lecture to the ministers? Why did not the CM make the seminar more broad based by inviting management experts?

Of course, detractors can ask any question and any number of them. It is their right. In fact, the right to oppose is more valuable than the right to agree.

Firstly, the ministers are ultimately answerable to the public, at least in the final analysis when they approach the voters for votes in the next election. Thus, a successful politician is in a better position to tell the ministers what the performance should be and how that should be made to reach the knowledge of the voters. No management expert can successfully tell the politicians how to relate with voters. There can be no better person to tell that than a successful politician like Mr.Modi. Why not he? He is one of the most dynamic CMs, notwithstanding the controversies that surround him, even his detractors concede that he has brought about sea change in Gujarat in the last one decade time. Of course, the detractors say that he has managed it because of his autocratic style of functioning! If a minister is autocratic in dealing with the bureaucracy, what is wrong. Autocracy should not be directed at the public as was done during Indira Gandhi's regime.

If the seminar were held in Bangalore, few if any would have attended the seminars, what with the demands of supporters within the State Capital. It was a good idea that it was held away from the madding crowd. Next, how does the choice of venue matter, be it a resort, or a monastery? When the Government spent about five lakh rupees for similar brain storming session few months back, the opposition parties condemned government for wasting public money. Now, if the seminar is held in private precincts without spending those precious few lakhs, the government is again condemned for choosing a monastery as the venue! Best example of "damned if you do, damned if you don't".

The fact that such programme was not held soon after the ministry was sworn in can hardly be a justification for not holding it now. That criticism hardly meets common sense. The Government has another three and a half years to go through its term. It is not necessary that the ministers must continue to flounder without direction for the rest of the term also. That hardly makes sense.

As regards flood, or drought or rains, is it necessary that the entire ministry should stay in capital or in the place of trouble? Isn't there a government functioning? Aren't there plans to meet the exigencies? What could be wrong in making bureaucracy responsible for meeting the emergencies?

If good ideas can come from unusual sources, and responsible governance can be taught by unusual people what is wrong? Once in a way, even RSS might have some useful idea to tell the government. There is a old Sanskrit adage, "listen to the valuable advise coming even from a small boy, or a parrot!" (Yuktiyuktam shrunot tavad baladapi shukadapi).

Criticism should not be for the sake of criticising. It should be constructive. It must contribute to what little good work done by the Government. The opposition parties must realise that their job is to be a watchdog and ensure that the Government performs responsibly for the larger benefit of the public. Scoring Brownie points may get the opposition politicians publicity. That neither benefits the Government, nor the public, certainly not the politicians mounting them.

By

 

B.N.GURURAJ, Advocate

 

Within last decade and a half, it has been fashionable amongst the journalists to write pro-left, pro-minority, anti-Hindu and wherever possible, anti-India. Anything of Indian stock, and tradition, especially of Hindu origin is scoffed at, or if possible condemned. Idea A originating from Hindu traditional source is rejected because Idea b of same Hindu source is bad. If one speaks of loft philosophical ideas of Upanishads and later day Sutras or monographs, immediately the proposition is ignored not on its merits, but by reference to caste system, or untouchability, or oppression of women in the traditional Hindu society. An article or feature or reader’s letter which supports Hindu view never sees the light of the day. In that respect, newspapers are very effective in gagging dissent and opposition to their pet ideologies and theories.

 

Mr.M.V.Kamath, now an octogenarian, who was, in his last professional assignment, the Editor of the now defunct Illustrate Weekly of India, and prior to that Foreign Correspondent of the Times of India has written his reminiscences “A Reporter At Large”. He earned kudos for bringing IW on the track of decency from the “bottoms and bosoms” culture inculcated by Kushwanth Singh.

 

His autobiography gives insight into the life of Gauda Saraswath Brahmin culture in the early part of the last century, their upbringing, socio-religious practices, their history. Though he spent best part of his life abroad and was married to an American wife, he did not lose his roots in Hinduism. The author is not afraid to own up his Brahmin culture and his faith in the Hindu tradition. When it was fashionable to posture as a secularist, he dared express his honest view that the Hindus have been wronged in their own country during the past several centuries of Indian History. On account of his view about Ram Janmabhoomi, which ran counter to popular secularist view and government’s official posture, he lost the prestigious opportunity of becoming the Chairman of Prasar Bharati Corporation.

 

His book gives insight into nitty gritty aspects of journalist’s life, the pressures of deadlines, their tricks of the trade, interference by the management, editors, and outsiders and so on. He professed journalism at a time when History was in making in several parts of the world: Indian Independence, Kashmir problem before the UN, Annexation of Hungary and Czechsolvakia by the USSR, coming up of Berlin Wall, President Nixon’s regime before and after Indo-Pak war of 1971, infamous emergency of 1975-77, to name a few.

 

He has also written a novel, some short stories and a large number of biographies, mostly on being commissioned. Interestingly, he has authored histories of various banks and financial institutions also on being commissioned.  Though belatedly, his contribution to journalism and to the society has been recognised. Thus, even after over quarter century in retirement, Mr.M.V.Kamath has been active in the society.

 

Though not a poet, poetry seems to be his passion. Readers of his boo will be treated to choice passages of poetry he has enjoyed. His book “A Reporter At Large” merits reading. Journalists are generally a cynical lot. Nevertheless, I dare say, may other journalists draw inspirations from Mr.M.V.Kamath’s ethos.

By

B.N.Gururaj, Advocate

Today's newspapers report that after the Supreme Court collegium meeting yesterday, no decision was taken. It simply means that the Supreme Court will not do anything to drop the name of CJ Dhinakaran from the approved list of Five Supreme Court judges. Now, presumably, it is left to the Exeuctive, i.e., the Prime Minister to decide on the issue and recommend to the President to return the name to the Collegium of Judges.

But, will the Executive, i.e., the Prime Minister do this? As it is, the Judiciary is a holy cow, even if it were smeared by dung and all. So far, the Executive has initiated no action against judges, even when the CJI himself has recommended action. Example Justice Soumitra Sen's case of impeachment motion. Hardly anything has happened until this day, except submission of memorandum to the Speaker of Lok Sabha, though the CJI's recommendation is nearly a year old.

Now, if the Prime Minister refrains from acting and recommends to the president not to appoint CJ Dhinakaran, he will become the judge of the Supreme Court. If this were to happen, who can really stop a judge alleged of being corrupt, from discharging his judicial functions. Only the Bar can do so by boycotting the tainted judge's court.

But, it seems that the Bar itself is becoming a divided house in this matter. The day before yesterday, Mr.Shanti Bhushan, in his stridency against Corrupt Judge becoming the judge of Supreme Court uttered that the CJI being a Dalit, was going soft on CJ Dhinakaran's issue as the latter was also a Dalit.

Now, this has caught attention of a section of advocates, especially in Bangalore, with a backward community senior counsel opining that the statement of Mr.Shanti Bhushan amounts to "atrocity" under the Schedule Castes (Prevention of Atrocities) Act! Either the careless words from Mr.Shanti Bhushan, or the opportunism of casteist advocates will ultimately enable CJ Dhinakaran to become a Judge of the Supreme Court.

It would seem that the reputation of the Judiciary in India has touched the nadir. Or is there any more place to go down?

YSR’s Death – This is Congress Culture

 

By

 

B.N.Gururaj, Advocate

 

 

One is compelled to harbour mixed feelings about the death of Y.S.Rajashekara Reddy, the CM of Andhra Pradesh. The response to his death shows that he was a hugely popular leader within his State and might have risen to great heights even in the national politics. But, that was not to be. He died, the way he did.

 

The dynastic rule is so thoroughly imbibed by the Congressmen, that almost like a knee jerk reaction, there are moves to make Rajashekara Reddy’s impetuous son the successor. Apparently, all is not well with this move, either within the AP congress or at the centre. Hence, there has been some delay.

 

This step, of elevating the son to incumbency is not something unusual. Almost twenty five years ago, when Indira Gandhi was assassinated by her body guards, even as her body was awaiting cremation, the congress leaders, in unceremonious haste got Rajiv Gandhi, then a total political novice except for being a junior MP, sworn in as the next PM. I wonder how Rajiv Gandhi agreed to it, when his mother lay dead, that too killed in a ghastly manner. But, then that seems to be the seductive force of power. All decency and caution thrown to wind. Even son did not care for the dead mother, in his haste to grab the thrown.

 

Now, this drama is being enacted in Andhra Pradesh, paradoxically under the Presidency of none other than Rajiv Gandhi’s widow Sonia Sphinx Gandhi! There is no end to public indecency and shamelessness.

 

----

 

From Hindu view point, death of Rajashekara Reddy has significance. A closet Christian, he did not display his Christian credentials in public life, and passed for whatever he was prior to converting to Christianity. During his time, Christian evangelism reached its zenith in Andhra Pradesh. Minority communalism also received new impetus. One has to merely see Hyderabad city dotted with little little mosques. Road from Hyderabad city to Rajiv Gandhi airport. Almost every half a kilometer, there is a petty mosque, which will turn into a pill box, the moment there is some communal strife.  Hinduism, being common enemy of both the Abrahamic religions, was put down slowly and steadily during the regime of Y.S.Rajashekara Reddy.

 

His attempt to allow incursion of Christian evangelism in Tirumala are well known. On account of protests from Hindu leaders from all over the country, the attempt abated. It would have perhaps, resumed with the passage of time, as Hindus have little collective memory. During his chief ministership, there were allegations that Tirumala’s famous laddus were made by the contractors who were Christians, an allegation never conclusively refuted by the TTD administration and the Government.

 

There was strong accusation against his son Jaganmohan Reddy that once he blasted a Hindu shrine in the garb of using explosives in the mine. This accusation was also not investigated to establish either his innocence or his guilt. The reason is that all people around Rajashekara Reddy said “Why?” Yes Sir!”

 

Over a month ago, I wrote the following representation to the Prime Minister of Inida, the Law Miniser and the Chairman, Law Commission. Needless to say that none of the three or their office have responded to this socially important issue. The Prime Minister is too busy doing nothing; the Law Minister is busy, having bungled the Judges' Assets Disclosure Bill; Chairman of Law Commission, none knows what is he upto.

QUOTE

To

 

The Prime Minister of India,

South Block,

Raisina Hills,

New Delhi – 110001.

 

Dear sir,

 

 

I write this letter to you as a concerned citizen and a legal professional. I crave for your valuable attention for a few minutes:

 

Section 498A was inserted in the Indian Penal Code 1860 by the Criminal Laws (amendment) Act, 1983. By this provision, the Parliament had decided to put an end to harassment of daughters-in-law in their marital home for dowry demands, which frequently culminated in “bride-burning”. The provision enables the State to prosecute the husband and the relative of the husband of the woman when they subject the woman to cruelty.

 

Over a period of time, the courts have come to recognise that this provision is one of the most rampantly misused provision in the IPC. After examining the large number of cases of acquittal under this provision, the superior courts such as the High Courts and the Supreme Court have cautioned the lower courts and the police not to be trigger-happy when it comes to booking cases under this provision. Very often, this provision is used to coerce the husband and the in-laws to part with huge ransom running into a few millions of rupees. In divorce cases, wince the family courts award lesser alimony, the married girls and their families have found Section 498A, a potent weapon for forcing settlement according to their wish.

 

This provision has given birth to new breed of police station lawyers, who are adept at drafting false complaints and guiding the married girls to pursue this malicious prosecution. Very often, innocent and respectable people are arrested without so much as preliminary investigation by the police. This provision has become a blank cheque in the hands of unscrupulous lawyers and the police, not to speak of the biggest beneficiaries of this racket, the married girls. The proceedings of divorce and maintenance before the Family Courts are perverted in this manner by abuse of this provision.

 

The provision is made draconian by treating the offence under this provision as “non-bailable” and “congnizable” under the First Schedule to the Code of Criminal Procedure, 1973. Being cognizable, the police can arrest the parents and husband without an arrest warrant. Being non-bailable, no court can grant bail, without hearing the opposition by the public prosecutor. Thus, the accused are compelled to spend a day in jail, though in judicial custody. A day spent as State Guest in the jail and the stigma and ignominy attached to arrest and imprisonment is sufficient to break the will of any typical middleclass person. Money changes hand at every stage before the case ends and husbands lose jobs driving the families to penury.

 

I humbly place the proposal before you to take steps to amend the First Schedule to the Code of Criminal Procedure 1973 so that the offence under section 498A is made non-cognizable and bailable. That is, a married woman or her relative intent on commencing the proceeding must file a private complaint under Section 200 of the Cr.P.C before a magistrate of first class and the bail can be granted by the trial court at its discretion.  This step will reduce the rigors of this provision and prevent abuse of Section 498A by people with no scruples and conscience. The proceedings will be brought under judicial control instead of remaining under the control of the police as it now is. As long as the provision stands on the statute book as a cognizable and non-bailable offence, the abuse of Section 498A will be continue to occur relentlessly.

 

There is urgent need to bring about this amendment, as Section 498A has been creating fear psychosis amongst newly married husbands and parents who have married or marriageable sons. Such a trend does not augur well for the society.

 

I wish to state that I have no axe to grind in this matter. Having observed in the court rooms the number acquittals under this provision as also the plight of innocent victims of this provision, I have decided to write this representation in the larger interest of the society. I hope that my fervent plea will receive urgent attention that it merits and will be acted upon.

 

Yours faithfully,

 

 

B.N.GURURAJ,

Advocate.

UNQUOTE

By

 

B.N.Gururaj, Advocate

 

The crises faced by the BJP is manifold, as the plural term ‘crises’ indicates. Its leaders have lost credibility and control, and are no longer respected, not even for their past achievements. The leadership is not even given the basic courtesies due to them by the party colleagues. To approximately quote a Kannada proverb, BJP has become a broom whose tie has been loosened.

 

At this stage, whom does BJP turn to for help and guidance? Predictably, the RSS. Unfortunately, the RSS has carefully kept itself outside the electoral heat and dust. Its workers no doubt participated in electoral campaigning in the past. At least as far as the public knowledge goes, RSS has no more experience in the electoral politics and parliamentary democracy beyond this.

 

The crises faced by the BJP is very complex. It commences with the immediate cause of electoral failure. But, in the immediate past, there have been many causes for this culminating failure both inside and outside the Parliament. The immediate reaction to demands for discussion and dissent within the party has been one of closing the lid on a boiler without any safety valve.

 

At this juncture, leaders of RSS who hardly have exposure to the Parliament, inter-party relationships and electoral politics are making decisions for BJP – RSS is deciding who will exist from leadership position, who will step into the shoes of leaders, how the ideological face of the party should change. The leaders of RSS who are advising BJP leaders are far younger (in these organizations which are known for their Gerontocracy) and definitely far less experienced. One can hardly expect Mohan Bhagwat with no direct exposure to politics to tender useful advise to Advani, who is far more experienced and mature. If leaders like Advani and Rajnath Singh are lame ducks, the RSS leaders leading them are blind. It is a case of the blind leading the lame, both destined to meet their doom. Or worse, to quote Katha and Mundaka Upnishads, blind leading the blind, andhenaiva neeyamana yathandah!.

 

What the two organization are unable to realize is that the present spate of dissent and rebellion is not going to be cured by cosmetic changes at the top. The two organizations are at cross roads. They must, more importantly, decide what should be their relationship in future – that of parent and child, or two equals, or two distinct organizations trading their own chosen paths.

 

One thing is clear BJP leadership, those exiting and those entering are unable to handle the role of being Hindu protagonist. Last two elections have shown that the BJP is no longer able to handle the baggage of Ram Janmabhumi and the issue of attacks on Hindu society, having admitted muslims in its rank. It cannot even freely discuss the Hindu concerns anymore in the party’s official forum.

 

It seems that time has come for BJP to shed its baggage of being Hindu protagonist and become a political party like any other in the country. Having experienced corruption within its ranks, “operation Kamala” and the like, BJP can be a fair match for Amar Singh and his ilk when push comes to shove.

 

It is necessary that the pro-Hindu elements must exit from the BJP and form separate political party, not with a view to capture political power, but to become a large enough pressure group to prevail on any ruling Government to ensure that Hindu interests are protected. Otherwise, the conflict between pro-Hindu elements, and liberal elements like ABV and JS will continue to debilitate BJP. It is time for these elements to part company.

By

 

B.N.Gururaj, Advocate

 

Generally, In India, Hindus’ political interests have not been strongly represented. The reason is that the Hindu protagonists have generally remained on the fringes of mainstream politics. Before the inception of the Hindu Maha Sabha in the pre-independence India, which started as wing of the Congress, there was no entity at all which represented the Hindu political interests. To a great extent, leaders like Lokmanya Tilak took care of such interests. This was perhaps one reason why Muslims perceived Congress as a Hindu Party.

 

Though India is a predominantly a Hindu country, Hindu community itself has never been identified as a political interest group or pressure group. It is fractured into several sub-groups for whom the common Hindu identity and its concerns is not a priority. Their own smaller interests are more important. This is true whether they are a group within a larger party, or are an independent political party. Such groups could be of Jats, Yadavs, Kurmis, Bhumihars, Dalits, or Vokkaligas, Lingayats, Vanniars, Kammas and the like in the South. All such groups are more interested in their own immediate and narrower interests rather than in the broader interests of the Hindus as a whole vis a vis Muslims and Christians. On the other hand, each one of these groups has found it politically advantageous to appease Muslims and Christians. Thus, very often, nominal Hindus themselves relegate the Hindu interests to the back seat or actually work in opposition when the larger Hindu interests and smaller interests of their castes or groups are in conflict.

 

This seems to be the main reason why political parties which seek to represent larger Hindu interests have remained on the fringe of politics without significant numbers to support them. This was true of Hindu Mahasabha and Bharatiya Jan Sangh. Neither party had significant numbers in the Lok Sabha, though the BJS had managed to raise its Lok Sabha membership to over 30 at one time. BJS was definitely more Hindu than its present Avatar BJP. Even BJP grew into a national party from a strength of 2 MPs in 1984 only after it started shedding its Hindu credentials, attempted to get on the secularism bandwagon, and began to accommodate other social and political pressure groups. In the process, the BJP even made many pathetic attempts to please the secularists by trying to demonstrate that it too was secular it their sense of that term. Over the last two decades, under constant attacks and taunts from the secular and leftist parties, within the BJP a fairly strong secular school has emerged, which feels that Hindu identity would not get them to power. Inside BJP, some leaders are identified for their Sangh ideology, some as moderates, some as mukhotas, some of Advani camp which has fallen foul of Sangh and so on.

 

In the recently concluded Lok Sabha election, in view of 26/11 attack on India, BJP consciously decided to play its Hindu identity card. As usual, Ram Temple was bandied about. Projecting Narendra Modi as future PM or Varun Gandhi’s speech were no accidents. They were a part of larger strategy of appealing to the Hindu identity. It is quite a different matter that BJP did not reap the harvest.

 

It is rather frustrating for any political party to stay out of power. Especially in the case of BJP, it had to wait for nearly fifteen years before it could taste power. Actually, more like close to five decades, if one counts its earlier identity as BJS. After exercising political power for six years, the voters rejected BJP not once but twice. It is small wonder that this party, which can be loosely identified as a party with Hindu constituency is undergoing cathersis.

 

The crisis is brought to head by rather anomalous group of persons. Arun Shourie on one hand, whose deep interest in the Hindu identity politics is beyond doubt. Yeshwanth Singh and Jaswant Singh (same name! pronounced differently in different States) are not identified with Hindu interests.

 

There is unfortunately a misconception the BJP leadership seems to labour under. It has not come out of the hangover of RSS’s disciplinarian cadre based structure of the yore, when the worker down the line unquestioningly accepted the wisdom and orders from above. Matters were very simple. All chintan and manthan were left to the top echelon and the party workers had to work rather robotically.  BJP can never go back to its earlier disciplined organizational structure. After admitting the likes of Somanna, Yogeshwar and their equivalents in other States, who do not belong to the fundamental ideology of BJP and its parent organization, BJP leadership cannot hope to govern its party organization by decrees and commands. Having admitted diverse elements into the party, now the BJP leadership has no choice but to allow rising of divergent voices of varying degree of dissents. There can be no going back to the command based structure of the yore.

 

This development in the BJP may enable the leadership to consolidate their position within the party, by determining what should be its basic philosophy for facing the challenges thrown by the opponents and the gauntlet thrown by its own dissidents. Unfortunately, in this matter, the BJP’s intelligentsia has failed to provide good intellectual foundation to the Party. The response of the party is rather confused when it comes to answering the taunts based on Kandahar hostage, drama, or coffin scam, or Post-Godhra riots, especially the challenges thrown by the Marxists. Such weakness was seen recently in Karnataka when there were attacks on the churches. The Chief Minister literally stood in the dock before the Archbishop Bernard Moras. The Home Minister and the Chief Minister were labouring to answer the hostile questions put by the media. There were none in the State party hierarchy who could provide intellectual inputs to them about the missionary activities, history of Hindu-Christian conflicts. Too much focus on “sangathan” and admitting all and sundry into the party has made the party intelligentsia incoherent.

 

Dr.Koenraad Elst has frequently observed in his writings that in the RSS and the BJP, there prevails some degree of anti-intellectualism. Too much focus on organization and physical activity and too little focus on intellectual inputs has exposed the BJP and its parent organization to hostile attacks by the leftists, Muslim Ulema and the Christian Evangelists. Emphasis on physical activities, fitness was perhaps required when, in the pre-independence India, the RSS had taken upon itself the task of defending the Hindus from Muslim attacks. But, even post-independence India, Sangh Parivar has continued to feel that Hindus still live in a hostile environment. Perhaps, it was not entirely unjustified considering the anti-Hindu stance of post-independence Indian governments. The fact remains that barring individuals like Arun Shourie and a few others, as an organization neither the BJP, nor the RSS has taken upon itself to rebut the attacks of 3M combination of Mulla, Missionary and Marxists.

 

This is demonstrated eminently in the recent crisis which has hit BJP. Admiring Jinnah seems to be an obsession with BJP leadership. There is a Sanskrit proverb which states that “constantly thinking of the bee, another insect also turned into a bee” (Bhramad bhramara chiantayam, keetopi bhramarayate). (To some extent, this proverb may even apply to the BJP, which has become more or less indistinguishable from the Congress, by treating the Congress as its sole antagonist). The more modern name of this obsession is “Stockholm syndrome” wherein the captive gradually begins to sympathize and admire his captor. Advani praised Jinnah and got into King-size trouble. But, due to his high stature within and outside the party, he got away with some censure. But, Jaswant Singh, being a leader without followers has paid heavier price: of being expelled from the party after nearly three decades service to it.

 

Actually, the reaction of BJP is quite irrational. The true crisis faced by the party is on account of challenge thrown by Jaswant Singh, Yeshwanth Sinha and Arun Shourie who wanted threadbare discussion of the causes of failure of the party in the Lok Sabha hustings. This crisis has never been properly addressed by the party. Until the recent internal report (which got leaked to the media), responsibility for the debacle had not been fixed. The question of determining what corrective steps the party should take in the next election was far from determined. In other words, the party is not yet prepared either strategically or tactically to face another challenge of election. It is in this circumstance that Jaswant Singh’s book on Indian Partition and praise of Jinnah came in handy. The party leadership could not legitimately put down the dissent which arose on account of failure of party leadership in the election. But, BJP typically found an opportunity for some action by coming down on Jaswant Singh like a ton of bricks. As the Kannada proverb goes, it is a case of branding the buffalo when the ox has got fever (Ettige jvara bandare emmege bare hakidaru). The internal crisis faced by the party is far from over. Now, it has another crisis management task on hand.

 

What do all these developments mean to the Hindu interests. One may succinctly say that it does not augur well for the Hindu interests. In a society hijacked by the secularists and their anti-Hindu agenda, at least BJP was occasionally raising its voice in defence of India and the Hindus. Now, with the party’s internal report fixing responsibility for electoral debacle on Varun Gandhi’s speech, and projection of Narendra Modi as the future PM, even the pro-Hindu faction in the BJP would be chary of speaking for the Hindu causes and concerns.  When the party’s focus is wholly on capturing power in the next election, the leadership would show the same degree of reluctance and intolerance when it comes to supporting causes, which have been perceived as the causes contributing to the electoral loss. Now, BJP has no time for raising issues of minor, but continuous and invidious attacks on the Hindus and Hindu interests, be it frequent defacing of or stealing of idols in Hampi, or the recent defacing of idols in Bangalore, or someone throwing cow’s head into temple compound.  In its quest for the means to return to power, BJP does not time find anymore time for addressing the Hindu causes and concerns.

 

The outsiders have a vague impression that within BJP, there is a core group which staunchly represents the Hindu interests and is in control of the party machinery, and sets the party’s unspoken agenda. Frequently, we read about the secret agenda of BJP and RSS. To me, this seems like utter nonsense. There is no doubt a small group of leaders Dr.Murli Manohar Joshi who staunchly represent the Hindu interests. But, gradually, theirs is becoming a voice in the wilderness. In a party working in feverish pitch for returning to power, none is willing to notice the Hindu concerns.

 

In effect, it seems that the Hindus are losing their political constituency.

By

B.N.Gururaj, Advocate

This is about the continued abuse of Section 498A of the IPC. A Bangalore based techie, Mr.Shubhankar has committed suicide. Immediate cause is arrest based on the complaint by wife in the Commercial Street Police station under Sectin 498A and under Dowry Prohibition Act. After arrest, the insensitive Magistrate sent him routinely to Parappana Agrahara Jail. He had to perhaps, spend more than a couple of days in that hell on earth. A day before he was granted bail, he decided to end his life by consuming sleeping tablets. May his tormented soul rest in peace!

Clever wife refuses to answer any questions from the media. She is hiding behind the skirt or shirt tail of her lawyer.

Probably, she did not expect her hubby to commit suicide. She thought that she could perennially harass him, or at least until the family court granted divorce.

This case similar to the one I have narrated in this blog. The hero of my sotry was made of stronger stuff. He also had a bit of luck on his side. He came out jail within a day. His divorce was decreed, and the criminal case quashed by the High Court. If only Shubhankar had gritted his teeth for some more time, he might have been legally rid of the nuisance called his wife.

In this case also, during the pendnecy of divorce case, the wife files false complaint to extract higher permanent alimony. Here instead of getting alimony, she got widowhood. Unfortunately, the peculiarity of law is that being wife of the deceased, she is entitled to equal share of her dead husband's assets. Thus, the greedy and crooked wife wins even in the death of her husband!

Indian laws are heavily loaded against husbands. There is most urgent need to reintroduce balance in law so that unscrupulous wives and their family members do not make it a hobby to extract money and property from the hapless husband. Now, women's bill is going to be introduced, giving more political power to women. The society and political system are blindly allowing women to ride roughshod over men.

The newspaper which reported this item, rightly referred to the matter as "now it is the turn of wives to inflict cruelty on the husbands". If driving husband to suicide is not cruelty, what is. In effect, the wife has abetted suicide of the husband by abusing law and police machinery. She should be charged of the offence of abetment of suicide.

My fear is true: time has come for parents of every married son and marriageable son to be afraid of their daughter in law. One never knows when will greed get the better of even a good and decent girl and send her husband and in-laws to jail. After all, it will cost her a couple of lakh rupees, which will anyway come from the kitty of the husband! Society cannot live healthily under this fear complex.

If the Government and the Parliament do not take steps to snatch away this malicious weapon placed in the hands of married girls, the society might take law into its own hands and find a drastic remedy.

This is an article found on the WWW, which graphically explains the plight of victims of false complaints filed by greedy wives under section 498A of the IPC. Read on and pass on the article to other persons. More persons know about it, the better. One should know what kind of daughter in law he is she is bringing into the family, or what kind of wife one is getting:

=================================================

Protest against abuse of women and elders through misuse of IPC Section 498A

Save Indian Family Foundation (SIFF) is a voluntary self-help group formed in response to the large number of Arrests of innocent citizens and the alarming rise in the number of broken marriages, fatherless children and abused elders, owing to the rampant misuse of Indian Penal Code (IPC) Section 498A. SIFF is composed of Men and women of all ages, who share the twin objectives of promoting family harmony and fighting legal terrorism (carried out through misuse of women-protection laws).

Indian "women-protection laws", which are in essence wife-protection laws, assumes that wives are always honest victims and therefore require no proof of their claims before initiating action against the accused. The draconian law, IPC Section 498A, in particular, allows arrest of the husband and his relatives solely on the basis of the complaint of a wife, without any proof or investigation. Further, the accused are assumed to be guilty until proven innocent.

Added to these blind assumptions, lack of punishment or penalty for misuse of the law has made IPC Section 498A a dangerous weapon in the hands of unscrupulous wives to harass husbands along with elders and women in the matrimonial home.

Every year 30,000 innocent women are arrested (i.e. one innocent woman every 20 minutes) under IPC Section 498A. Everyday, minor girls, pregnant women, married and unmarried sisters, ailing mothers and even aged grandmothers are being sent behind bars and prosecuted based on mere allegations. Unmarried women have ended their lives unable to bear the humiliation of being arrested and rejected by prospective alliances. Lives of married women are adversely affected as well due to the unbearable stress caused by false prosecution for 7-10 years.

Every year, close to 4,000 innocent senior citizens are arrested (i.e. one innocent elderly person every 2.5 hours) under IPC Section 498A. Many retired elders have been ill-treated, thrown out of their own homes and deprived of their meager means of sustenance by greedy or vengeful daughters-in-law. Senior citizens are further harassed through false cases of domestic abuse and dowry harassment and denied mental peace

During the last leg of their lives. Aged parents have to helplessly watch their sons lose their youth, their health, their jobs, all their earnings, and sometimes even their lives, as they are mercilessly tortured by their estranged wives, aided by advocates, the Police and the Judiciary. More and more elderly parents are unable to depend on their sons for the fear of false dowry harassment cases by resentful daughters-in-law.

It is not surprising that the World Health Organization, in its report on India cited IPC Section 498A as one of the major reasons for the "Increasing Abuse of the Elderly in India".

Children are not being spared from the suffering either. Irrespective of the reasons for marital discord, wives are filing criminal cases of domestic abuse and dowry harassment to deny children access to their fathers, causing great pain to the fathers and children. Children are also being arrested under false charges of dowry harassment, and imprisoned along with older family members. In other cases, children are being torn apart from their parents who are hauled away by the police in front of their eyes, causing indelible scars and fears in their young minds.

Falsely accused men have to fight the highly corrupt state machinery on behalf of the women, children and the elderly in their families, at their own personal expense, all the while carrying the presumption of guilt on their heads. Many young men lose their employment either because they are forced to appear in court frequently, or they must often travel to a different city or state to fight their cases, or because they are unable to focus on their professions while fighting the cases.

Where would these men gather the strength and the resources needed to fight the corruption and public prosecution effectively? If the accused men are already indigent and cannot afford the best defense money can buy, their fate is sealed. Many men who are threatened or accused under false cases end their lives like Abdul Rahim of Karimnagar, Rajesh Hasmukh Desai of Ahmedabad or Pushkar Singh of Lucknow. In some cases, they end up taking the lives of their spouses before ending their own lives as was seen in the more recent case of Amit Budhiraj.

It is clear that the so-called "women-protection laws" are only creating havoc in the society and destroying the family, which has, for ages, been the greatest support system for women, children and the elderly in India.

 

In western countries like USA, the Government provides financial assistance (social security) to those who cannot maintain themselves. Nevertheless, social research in countries like USA shows that children raised in broken homes tend to grow up into disturbed and violent individuals. Single mothers and the elderly in these countries may receive financial assistance to make ends meet, but never enough to buy the warmth and care that comes from being part of a family. Due to similar anti-family laws, western men have even developed an aversion towards marriage and the levels of stress are extremely high among men, women and children, compared to those in family-oriented cultures.

Should we allow criminal laws like IPC Section 498A destroy the only source of social security we have in India, which is the family? Should we hope that our Government will invent a better system than family to take care of the countless single mothers, fatherless children and helpless senior citizens it is creating, and if so, at what additional cost to the society?

How many more innocent lives should we sacrifice before our Government and law enforcement system take steps to end legal terrorism and promote family-friendly laws?

In order to publicly raise these questions, SIFF is organizing a Protest against abuse of women and elders through misuse of IPC Section 498A on Sunday, 6 April, 2008 from 10:00 a.m. to 1:00 p.m. near Indira Park. We will also take out a Peace March along Tank Bund as part of the event. We are expecting 100-200 members from different places in Andhra Pradesh, Tamilnadu and Karnataka, including women, children and senior citizens, to attend the protest.

During our protest we will highlight the causes, magnitude and consequences of misuse of IPC Section 498A and urge the Government, Lawyers, Judiciary and Police to end legal terrorism. We will submit a memorandum to the Chief Minister of Andhra Pradesh with our specific demands, briefly listed below, to ensure that the innocent are protected and justice is delivered to the genuinely aggrieved:

1. Ban Police involvement in marital counseling.

2. Pass directives to resolve all marital disputes under civil law.

3. Confer equal protection upon men and women against verbal, emotional, economic, physical and sexual abuse at home and in the work place.

4. Make civil and criminal laws applicable to men and women equally. Specifically, provisions of IPC 498A, Domestic Violence Act, adultery laws, laws against rape and sexual harassment and family laws (divorce, maintenance and child custody) should be made gender-neutral.

5. End the "legal terrorism" perpetrated through the misuse of anti-male, anti-family laws. Specifically, Section 498A of IPC should be made bailable. It should also be made non-cognizable to prevent arrests of innocent citizens based on mere complaints unsubstantiated by evidence or investigation.

6. Strictly enforce the standing orders issued in the memo by the Commissioner of Police, Hyderabad, in 2002, and allow NO arrest under IPC Section 498A and related "women-protection laws" without written permission of the Deputy Commissioner of Police,

7. Grant joint custody of children to both spouses upon dissolution of marriage.

8. Make provisions to punish those who abuse the judicial process irrespective of gender. Specifically, heavy penalties should be imposed on people misusing IPC 498A and Domestic Violence Act as weapons for settling personal scores in marital disputes..

9. Establish a Ministry for Men's Welfare to cater to the needs and welfare of our fathers, brothers, husbands and sons.

We urge representatives of the print and electronic media to lend their support to our cause by attending our Protest against abuse of women and elders through misuse of IPC Section 498A on Sunday, 6 April, 2008 from 10:00 a.m. to 1:00 p.m. near Indira Park and highlighting the truth about the legal terrorism perpetrated in the name of women-protection laws like IPC Section 498A.

 

By

 

B.N.GURURAJ, Advocate

 

This article is written purely from the view point of lay man, who might become a patient at any time. This article is written from the perspective of allopathic medical system. In these days of high level of pollution, bad living style and stress, almost anyone who does not consciously attempt to say healthy is a potential candidate for sickness. One comes across varieties of sickness, common ailments such fever, cold, cough, a bout of diarrhoea, food, water and air borne infections, contagious diseases like malaria, chickengunya or dengue fever. There are systemic disease such as diabetes, hypertension, heart ailment, kidney failure and the like. There are terminal diseases like varieties of cancer, tuberculosis. The prescription usually includes very strong antibiotics, some B complex tablets for countering its ill effects, some medicines which are of prophylactic value. No patient comes out of a clinic without at least three medicines prescribed for his illness. Further, there are intra-venous and intra-muscular injections, with the pain accompanying the injection given by rough handling of needle by the doctor or the nurse. There are medicines to be inhaled, medicines to be swallowed, medicines to be applied. To put it shortly, for a patient for the attendant, administering the medicines, managing to take varieties of medicines regularly becomes quite a task. For the patient, enduring the side effects of medicines sometimes makes him or her wonder whether the disease was more endurable than the effects of the medicine.

 

Radiation therapy given to cancer patients gives strong burning sensation on the skin. Chemotherapy practically destroys half the body along with cancerous cells. After this treatment, the skin of the patient looks charred; he gets piles and ulcers in the mouth; loses practically all hair; some chemicals are said to induce heart attacks too! After seeing the effect of chemotherapy on the cancer patient, one wonders whether it would not be better to give only pain management medicines to the patient and allow him or her to die with dignity?

 

Then there are diagnostics procedures, which are sometimes non-invasive, and most often invasive; pricking and drawing samples, biopsy etc. Insertions of probes, tools, catheters into the orifices of the patient. When the patient cannot pass stools or urine, undignified remedies like enema, or insertion of catheter into the organs is done.  There are other expensive diagnostic procedures like X ray, varieties of scans and graphs, which can be huge drain on the patient’s resources. There are expensive cleansing processes like dialysis.

 

If the patient has more than one kind of ailment each of which falls into the field of different specialists, the patient has to undergo diagnostics and therapeutics falling under each branch of medical specialization. Sometimes, two specialist doctors in do not see eye to eye and prescribe medicines without regard to what the other doctor has prescribed. Occasionally, such prescriptions may be done under the supervision of the physicians. But, more often, the patient is left bewildered about how to manage the advise of different specialists.

 

There is of course, the king of all treatments, the surgery. No doubt, surgical methods have become more refined, less painful, and less invasive. They have also become more expensive with the growing sophistication. Parts and organs are replaced with mechanical devices, electronic devices and borrowed organs.

 

To a patient or to an attendant of the patient, it would seem that all these aids help extend the life of the patient, and may even make, on occasions, life bearable. But, do these aids really help improve the quality of life of a patient? Do these diagnostics and treatments really make the patient useful to himself and to the people around him. Can a patient remain protective while under these treatments? Of course, a patient is supposed to be sick. He is not required to act as a productive machinery during the period of sickness. But, this question becomes highly pertinent, when the patients are old, what purpose do medical engineering, pharmacology and surgery achieve by subjecting the patient to varieties of therapeutic, prophylactic, diagnostic and surgical procedures?

 

Medical science might be generally helpful when the patient is young and has future life to look for, such as a child, or a young person or an adult who has familial responsibilities and young children to care for. But, the society has grown accustomed to compelling the attendants and the patients’ families to extend same degree of care for people at the end of their lives.

 

There is a huge industry which has grown around sickness of human beings. There of course, the doctors, the foremost in the medical services field. There are pharmaceutical companies, their distribution network and retail outlets, there are medical engineering companies which market sophisticated diagnostic products, there are hospitals, which are multi-crores business, there are medical education institutions, nursing colleges which also mean hundreds of crores business for their founders. In fact, service sector of medicine is a multi-billion rupees business spreading country-wide. It leaves all its dependants such as doctors, investors, traders happy. But, does this industry really provide happiness, satisfaction and relief to the target person, for whose benefit, ostensibly, entire industry works at this feverish pitch.  The answer has to be a doubtful no.

 

This is especially true of caring for aged patients. To quote Arun Shourie, it is like providing “Iron fence to termite eaten tree”. The medical procedures leave the patient uncomfortable, distressed, and the attendants poorer and frustrated. Around this medical industry, a system of heaping guilt on the attendants has grown. The moment a person casually speaks of someone being sick in the family, immediately the so-called friends advise him freely to go to the best hospital in the city, best diagnostic centre, give the most expensive medicine, try all available treatments and so on. Though the attendants know that it might be an exercise in futility, none dares not try all the avenues, which the wonderful medical industry has kept wide open for the patients and caretakers with money. Not exploring all avenues means criticisms and guilt heaped on the attendant. Blaming the attendant that he did not do his best to save the life of the patient or was tight fisted with money or was callous and so on. Anyone who tries alternative system of medicine is looked down upon as weirdo.

 

What one forgets is that human body is not meant to last for ever. To quote Kathopanishad, “Sarvendriayanam jarayanti tejah”, all organs lose their sharpness with age, no matter howsoever long the life is, it seems insufficiently short. 

 

I am not hinting or suggesting that an agent patient should be allowed to die without treatment. On the other hand, there is need for patient and the society around him to recognize that none can last forever; even the most famous and important person in the world does not live forever. In the evening of life, instead of subjecting the patients to unbearable medication and medical treatment and financially burdening the patient’s family, it is better to cultivate thinking in unorthodox and new direction.

 

Instead of being slaves to allopathy and its hugely expensive medication and diagnostic systems, it might be rewarding to look to other systems of medicine, which can make the patient’s life more comfortable and bearable at the tail end of the life.

(In the context of false case booked under Section 498A of IPC)

 

By

 

B.N.GURURAJ, Advocate

 

In this narration,

 

CL stands for Civil Lawyer of the Accused person.

CRL stands for Criminal side Lawyer of the Accused person.

OL stands for opposite side lawyer.

 

Help comes from unexpected quarter

 

After leaving the mediation centre and its Deputy Director, we were left wondering how to file the petition under Section 482 of Cr.P.C and through whom to file. CL was to busy a lawyer to appear in court for his client. When he was acting as prima donna even for sparse appearances in the family court, how to expect him to file the petition within a day and bring up matter before the High Court? As far as CRL was concerned, for his own personal reasons, he wanted the accused persons to pursue the remedy through the police station by paying them for getting charged of offences. The CRL was bent upon discouraging the accused husband from going anywhere near the High Court. I was considering approaching some of my other advocate friends who had done work both on civil and criminal side, especially in the High Court.

 

Sometime late in the evening, the CRL called the accused husband and told him that the OL was willing to file a petition under Section 482 on behalf of his client, but expected to be paid by the accused husband! I thought that besides being a practice of questionable professional ethics, of taking fee from accused, when he had been representing the complainant, I also wondered, how the complainant herself could approach the High Court for quashing of her own complaint?  With some misgiving but grudgingly, I had to admit that the speed with which the OL was working was impressive, unlike our two lawyers. I told the accused husband to take his help, discuss fee with him, and ensure that it was actually filed in the High Court. That he should not lead be lead up the garden path. It is possible for one to do a lot of paper work to impress the client, but not actually file it. I described the filing procedure in the High Court to the accused husband and told him to ensure that it was filed in that manner and also to obtain a copy of petition and its number allotted by the High Court registry. I also told him about the misgiving about filing the petition in the complainant’s name and told him to mention it to the OL.

 

The OL asked the accused husband to come to his office the next morning by 9.30 am. I had not accompanied him to the OL’s office. But, in the course of a single day, the OL sent his juniors to obtain certified copies of documents both in sessions court and in the magistrate courts. Usually, even after tipping the chain of persons involved in issuing certified copy, it would take an entire day. But, this person had managed to get the copies in couple of hours from not one, but two courts. He had drafted the petition in the name of complainant. At that stage, the senior lawyer in their firm noticed this and told the OL that complainant herself could not file the petition. It could filed only by the accused persons. Now, the difficulty was that the OL himself could not appear for the accused alo. That would be a clear case of professional misconduct. Therefore, besides modifying the draft petition showing the cause title as filed by the accused persons, he also found another lawyer to go on record by filing vakalathnama. These things done, he managed to file the petition in the High Court registry by 3.30 pm, with memo requesting for urgent posting.

 

His people worked like beaver the next day to ensure that the petition crossed all the hurdles of office objections and reached the Board Branch, the department responsible for preparing the cause list for all the court halls.

 

Late in the evening, when I checked the High Court website for cause list for the next day, I found that this petition had been listed. It was listed way down. The matter, if at all were to reach, would come up only by 3.30 or 4.00 pm. I gave this piece of positive news the accused.

 

Criminal proceeding quashed by the High Court

 

Next day, the OL ensured that the complainant was present in the court through out the day. Similarly, accused persons, all the three were present in the court. This particular court hall was especially busy, with over one hundred matters listed each day. There were two lists for that day. The matter was not called even after 4.00 pm. The accused were feeling rather let down, and expected that it would have to be pursued the next day. However, as the luck would have it, at 4.15, the matter was called. When the learned judge saw that the matter had been settled before the mediation centre and the complainant had committed to withdraw the complaint, he formally told the High Court government pleader to take notice. After seeing that all the parties were present before him, and none wanted the proceedings to continue, the learned Judge recorded all these facts and quashed the complaint pending before the magistrate. Whole thing was over in less than ten minutes, including the dictation of order.

 

The accused walked out of the court and gave me the good news. It was like lifting a ton load off my chest. For the last one month, this matter had been my major pre-occupation and worry. This was on Thursday.

 

CRL throws wrench in the works

 

In the evening, while speaking to the accused husband, I told him to arrange for his travel, as the High Court had quashed the matter. He thought that he might not get air ticket during week ends and might have to travel on next Monday. However, he would have liked to leave on Saturday itself, so that on Monday, he could report to duty. From Monday onwards, his absence would have been without pay.

 

Then he contacted CRL to know what is the next step to be taken. Of course, it was known to us, but had to be done through him. First, CRL told him to obtain two certified copies, one for submission to the court, the other for submission to the police station. Next he told him to stay in India, until certified copies were received and application moved before the magistrate for producing the order of the High Court before the magistrate’s court. This greatly alarmed the accused husband. With unbelievable hardship, he had managed to get the civil and criminal cases concluded in time to go back to his job. Here, his own lawyer was trying to hold him down and deprive him of the job. When the accused husband explained that this was not possible, as he had to report to duty on Monday, the CRL started abusing him over phone without even pausing to listen to what the client was saying! Later on learnt that this abusive telecon went on for an unbelievable 25 minutes!

 

Late in the night, the accused husband called me and told me of the problem being caused by the CRL’s obstructive attitude. I told him to wait for ten minutes. I called another criminal side lawyer, whom I had known and discussed the problem with him. He categorically told me that for producing the certified copy of the court’s order before the magistrate, available accused persons could appear before the court and for the absent accused, an exemption petition could be filed under Section 317(1) of the Cr.PC. He told me to send the accused husband away as nothing else could go wrong, after the High Court had quashed the criminal proceeding, especially when based on the mediation agreement.

 

Accused husband leaves India

 

I called the accused husband within next ten minutes and told him to peacefully leave the country and not to bother about the temper tantrums of the CRL. They were so much vexed by the CRL’s tantrums and his contact in police station that they almost expected police to come and stop the departure of the accused husband on the Saturday morning!  Of course, nothing so dramatic happened. He left the country by flight which left Bangalore at 1145 hours.

 

I sincerely hope that he does not return to India, its petty politics, social chaos, vindictive legal system, casteism, pollution for next few years!

 

PS: As promised the advocate who appeared in the High Court managed to obtain the certified copy by fourth day after the day of judgment. Next day, it was produced for the record of police station. The very same week end, it was also filed before the magistrate’s court, through another criminal side lawyer, a vastly superior specimen of this learned profession. The court was pleased to close the file based on the order of the High Court which had quashed the crime case. The harrowing experience ended precisely after thirty nine days.

 

(In the context of false case booked under Section 498A of IPC)

 

By

 

B.N.GURURAJ, Advocate

 

In this narration,

 

CL stands for Civil Lawyer of the Accused person.

CRL stands for Criminal side Lawyer of the Accused person.

OL stands for opposite side lawyer.

 

Order not passed in anticipatory bail application

 

The date on which the Sessions court was required to deliver the order on anticipatory bail application was a Saturday. In the morning I received a call from the CRL informing me that he had been hospitalized and would not be able to attend the court. I assured him that I would appear in the court as proxy counsel and inform the court. As coincidence would have it, the judge who had heard the matter the previous Monday had been transferred. In the Sessions court, there was a new judge, who had reported to duty just the previous day. Even his name was not known to the counsels or to the court staff! Of course, without hearing the matter again, there was no question of the new judge passing order on an application heard by his predecessor. Thus, the matter was adjourned by a week to allow CRL to appear and argue the matter once again before the new judge.

 

That evening I met the CRL. Both as a matter of courtesy to know of his health status, and also to inform him of the adjournment of the anticipatory bail application hearing. By that time, he had been discharged from the hospital. I informed him that the next date of hearing would be the coming Saturday.

 

It seemed to me that he was a man of low self esteem, which to some extent, accounted for his stridency, and aggressiveness with clients. He had a need to be recognized. In lieu of that he had the habit of speaking about himself and his past achievements. He spoke of great men and influential persons he knew. He showed me some judgments of past cases wherein he had appeared in serious matters such as rape case, attempt to murder and the like. In the rape case, he had proved that the victim was not a minor, based on the development of wisdom teeth. That seemed like quite a smart argument!

 

Then he came to the topic of fee. As of that date, we did not owe him anything. He had been paid 10K soon after filing of anticipatory bail application. He said, he had to be paid fee, but would not state what his fee was, or what was his expectation. I had seen this tendency amongst lawyers practicing on civil and criminal side. The matter of fee is kept vague so that they can periodically keep demanding fee, based on bits and pieces of work done between two fees. But, I determinedly told CRL to state his fee and I would arrange to have it paid. I also reminded that when he got bail for the husband, he had undervalued his own work, and I was fair enough to advise the client to pay more fee. On that note, I left him, still without any clue as to what further fee he expected.

 

Parents return from exile

 

Once the news of mediation agreement reached the parents-in-law, they could not stay away from Bangalore anymore. Since the complainant had committed to withdraw the case, they felt that it would be reasonably safe to return to Bangalore. Therefore, without waiting for the anticipatory bail order, which could have taken at least another eight days, the returned to Bangalore. I informed the father of the accused husband to accompany him to Family Court on Monday, as I had other professional pre-occupation.

 

Divorce judgment delivered

 

The Monday after the conclusion of mediation, the divorce petition of the accused husband came up for hearing before the Family Court Judge in the afternoon. Both the accused husband and the complainant wife were present in the court. The complainant wife confirmed that the cheque for Rs.20 lakhs issued to her towards permanent alimony had been realized and money credited to her account. Upon seeing the mediation agreement, the Judge recorded the fact that matter had been settled by mediation, and that the wife had confirmed the receipt of money. On this basis, in a short judgment, the judge ordered divorce and dissolution of marriage. The Judge specifically told the complainant that she must withdraw the criminal case. The complainant wife replied that after this court proceeding, she was proceeding to withdraw the case and she had been called at 5.00 pm. Since I was not at the court, the father called and told me of this out come and the complainant-wife’s commitment to withdraw the case.

 

I told him that since the matter was now before the court, any withdrawal of case has to be done only with the leave of the court. Therefore, I surmised that she must be proceeding to the magistrate court. I told that both of them should proceed to that court and wait for her arrival. After 5 O’clock, I got a call from the father of the accused, informing me that she had not turned up at the magistrate court. This situation left all of us with heightened state of anxiety. We were most anxious to see that the criminal case was concluded so that the accused husband could return to his job.

 

Withdrawal of criminal case flounders

 

We contacted the CL. After playing his usual game of being unavailable, he told me over phone that he would speak to the OL and revert to me. Next day, instead of reverting to me, he told the accused husband that the complainant wife would go to the police station and withdraw the complaint.

 

When I heard this, even with my limited knowledge and experience of criminal side practice, I felt that this was highly unsatisfactory. Once a matter is before the court, the court alone will have exclusive jurisdiction in that matter. Withdrawal of complaint in the police station would not be taken notice of by the court. Police would be bound to pursue the matter under the supervision of the court.

 

Further, I had stood a surety for the bail order. What would happen to the surety bond I had executed? How would that be cancelled, if the complaint is withdrawn in the police station? It took me two day’s persistent effort to contact the CL and drum this into his head. Then he too reluctantly realized that withdrawal of complaint in the police station would not be of any help. He promised to speak to a professional friend of his, a well known criminal side lawyer. He assured that thereafter, he would speak to the OL and revert back to me.

 

A day later, he reverted to me and informed me that next morning by 11.00 am, the complainant would come to the magistrate court along with her counsel. We should have the CRL ready with us for drafting and moving the application.

 

In the meantime, since CRL was the person looking the criminal side of the matter, I spoke to him of this matter of withdrawal of criminal case. Even before this settlement was reached in the mediation centre, I had broached this subject with him. He was of the clear opinion that once the mediation agreement and divorce judgment are produced and the complainant moves an application for withdrawing the case, she would be put in the witness box and the judge would take her deposition and the case would be closed. He gave a graphic description of the probable questions that would be put to the complainant by the magistrate.  I did not ask him under which provision of the Cr.P.C which application could be moved. I took his three decade long experience at the bar at face value and expected that it would work that way. Coupled with the fact that the APP who took money on the day when the accused husband was sent to JC also spoke that upon settlement the case would be closed, I expected that this would work.

 

Next morning, the accused husband and complainant wife along with her counsel were present in the magistrate’s court. But, the CRL played truant. He did not come to court at the agreed hour on the pretext that he was tied up in the Civil Court. Instead, he spoke to the wife’s lawyer over phone. CRL apparently told him that since the complaint was from the wife, their side should move the application for advancing the case and withdrawal of complaint before the magistrate. The complainant wife’s accompanying lawyer was purely a police station lawyer with very little drafting skill to speak of. So, he told the CRL that his instructions were to get the complainant to sign whatever papers he were to present. An argument ensured between the two, in which the CRL browbeat him on the basis of his seniority and experience. The other lawyer and the wife left in a huff without waiting for the CRL to turn up.

 

At this state, the desperate accused husband called me and requested me to come to court. When I went over there, he was waiting alone. After waiting for over an hour, CRL turned up. He came in a big huff made a show of how he had been offended by the talk of other side’s junior lawyer. To put it shortly, he was insufferable. Without even giving me a glance, he sat in the court hall and wrote out an application for advancing the case. Having done this, the man of three decades of standing at the bar, did something extraordinary and unbecoming. He went to the PP and exchanged some talk with him. Then, he went to the court’s Bench Clerk and spoke to him. Next he went to the Pending Branch’s assistant who was helpful to us in getting the release order.  All of them, according to CRL, unanimously told him that such an application for withdrawal of criminal case was not maintainable. Before the charge sheet is filed, the court cannot close the case. After the Crime Number given by the police is converted into a Crime Case based on the charge sheet, an application for closing the case could be moved, and not a day sooner.

 

In my book, this was the worst thing a counsel could do. Advocacy is supposed to be a learned profession. The advocate has to be knowledgeable about his field of practice. In order to keep himself updated, he must study law, reported decisions, and in absolutely essential cases, seek guidance from other experienced counsels in the field. But, going to the PP, who is going to prosecute the accused for guidance about how to get the accused discharged was the worst thing a counsel could have done. With this, I now knew that there is no end to the ignorance of the counsels, be they of three or four decades standing. After all, knowledge does not come by itself. One has to actively acquire it. A donkey of fifteen years age would still remain a donkey. With age, it does not become a horse!

 

With his antics, all that the CRL achieved was to get the opposite lawyer and the complainant peeved off. With their departure, any possibility of putting an end to the matter remained a distant possibility. As a parting shot, while leaving the court, the CRL said “you people were foolish to pay Rs. 20 lakhs. Now having paid so much money, you are not getting your full remedy also. You have to grin and bear it.”

 

Now I knew, this was what was bugging the CRL. That the accused husband had paid permanent alimony of twenty lakh rupees. The cases had to sooner than later, come to an end. That would end the prospect of dragging on a case for years together and assuring one’s self of steady inflow of fee.

 

Law and procedure governing closure of criminal cases

 

At this stage, I decided to do some study of Cr.P.C. In the Code, trials are grouped into three categories: sessions cases, warrant cases and summons cases. There is also a summary trial which does not concern us, nor does the sessions case concern us. A warrant case means any offence for which the imprisonment is more than two years. Such cases are tried more elaborately. I found that in a warrant case such as the present one under section 498A, under Section 245 of the Cr.P.C, after examining the evidence, a magistrate could discharge the accused if he were of the opinion that there was insufficient ground to proceed further with the trial. That stage would require the police to file charge sheet, evidence to be taken by the court for framing the charges and thereafter, making application for discharge of the accused. The result of such application is not an assured one, as the magistrate could also form opinion that the case has to proceed.

 

There was also an alternative route, available through the police. For filing the charge sheet, the police have to investigate the matter, take depositions, gather evidence, material objects and so on. After gathering all the evidence, or if any evidence fails to turn up at all, or if the police form the opinion that there is no material for filing charge sheet, they file a report known as B Report to the court. Upon receipt of the B report, the court would close the matter. But, B Report is open to challenge by the complainant. If the complainant applies to the court once again, the magistrate may take suo motu cognizance of the case and proceed further.

 

By this time, I had become averse to dealing with the CRL. However, since he was still the advocate on record, I had no option but to approach him once again to explore the options for closure of the case. Armed with the information I had gathered, I asked CRL to tell us how best this case could be closed. I thought that since there was a mediation agreement under which the complainant wife had agreed with withdraw the criminal case and even the divorce judgment had been delivered, it would be a fit case for asking the police to file a B Report. Complainant would not be able to challenge the B Report in the face of her own willingness withdraw the case as per mediation agreement.

 

CRL said, “let the accused husband come with me in the evening. I will take him to ACP. We will request him to instruct the inspector to file B report.” I did not accompany the duo. Subsequently, I learnt from the accused husband that when the CRL spoke to the ACP, he merely told him, without disclosing anything about the mediation agreement and divorce judgment, that either a B report or charge sheet had to be filed. Immediately, the ACP seems to have responded that since B report is likely to lead to complications such as challenge by the complainant, it was better to file charge sheet. He seems to have advised that once charge sheet is filed, the CRL could move his application for closure of case. The ACP advised the CRL to approach the jurisdictional inspector to expeditiously work for preparation and filing of charge sheet. Thus, the CRL with his wonderful professional competence made the accused husband work for framing charges against himself! That too, by making the accused husband pay the police inspector 10 K for quickly completing the charge sheet!

 

Guidance from mediation centre

 

To me, whole thing seemed weird as Kafkan world. The mediation agreement was a judicially enforceable document. Based on this agreement, the family court had already made an order dissolving the marriage. Therefore, the same judicially enforceable document must form the basis for closing the criminal case.

 

But, I had wasted enough time dealing with the CL and the CRL to know by now, that neither of them, either had the willingness or competence or knowledge to explore a judicial remedy for the impasse. I felt that the Mediation Rules framed under the Code of Civil Procedure might provide some clue. To my surprise, I found that the website of the mediation centre had not posted the text of these rules. Even the law book shops did not have the text of mediation rules, nor did they have any bigger book which contained the text of these rules. I had the fond hope that these rules would have an overriding provision, which would enable the criminal court also to close the proceeding based on the mediation agreement. Though I knew that this was impossible, as a Rule framed by the Government or the High Court cannot prevail over the provisions of Cr.P.C, which is an Act of Parliament, I definitely felt that I must explore the solution at the mediation centre itself.

 

So, on the Friday of that week, I went to meet the Director of the Mediation Centre, who was of the rank of District and Sessions Judge. But, he had not yet come to the office. While waiting for him, I went to the office of the mediation centre and requested them to show me the text of the Mediation Rules framed by the High Court. The staff and officers of mediation centre were quite helpful. They not only gave me a gazette copy of the rules for reading there, but also arranged my meeting with the Director, as soon as he reached the office. As I expected, the Mediation Rules did not give any direct remedy for closing criminal cases related to the divorce case settled through mediation.

 

When I met the Director, a man of late fifties, he heard me sympathetically. The burden of my song was that the mediation agreement provided for closure of not only the civil dispute, but also the criminal proceeding. Therefore, there must be some mechanism for closing the criminal case based on the commitment given by the complainant wife in the mediation agreement, rather than go to police for aid. He agreed with me, but pointed out the limitation of mediation: that criminal cases can be closed only in accordance with Cr.P.C. Mediation agreement recorded the party’s commitment to withdraw the complaint, thereby setting the machinery in motion for closing the proceeding. But, there was no short cut except through the provisions of Cr.P.C. By now, I knew that Cr.P.C’s remedy was a distant mirage, and would not be fast enough to save the job of the accused husband.  The director had two suggestions. One, based on the mediation agreement, and the judgment of divorce, the police could file B report, which cannot be challenged by the complainant later on as she herself had agreed to withdraw the case. Other alternative was to file a petition under Section 482 of Cr.P.C before the High Court for quashing the criminal case.

 

I called CRL and asked, whether we could file a petition before the High Court for quashing the complaint. I must state here that Section 482 of the Cr.P.C confers certain inherent powers on the courts, so that they may do whatever is considered necessary for securing the ends of justice. It gives sweeping powers to the courts. But, the Supreme Court has consistently held that the power under this provision is exercisable only by the High Courts and Supreme Court. When I raised the option of filing a petition under Section 482, the CRL immediately scotched exploring that possibility by saying that even if a petition were filed, it would take a month to be listed for hearing as the number of such petitions were filed in large numbers and there was only one judge to hear such cases. In the alternative, I told him to apply to the court for allowing the accused to travel abroad for a month or two. He was quite unco-operative and rejected the suggestion on the ground that application was liable to be rejected before expiry of four weeks from the date of enlargement of accused on bail.

 

That afternoon, there was a pleasant surprise. The Deputy Director of mediation centre called the father of the accused husband and wanted to speak to the accused. When he was told that the accused was at the police station, the Deputy Director wondered aloud, “what is he doing at the police station? Anyway, please meet me with him on Monday afternoon by 2.00 pm. We may have a remedy for your problem.” With that, he closed the call. When I learnt of this call, I was elated. My visit had not been in vain. Internally, the mediation centre officers had discussed and concluded that the issue I had raised was indeed serious enough to frame an enduring solution.

 

As a part of the CRL’s harebrained idea of getting the charge sheet filed, the accused husband had to take the police woman from the station to his house, where she recorded the statements of the parents in law, the accused and two neighbours. All this was very embarrassing for the family. At least, the police woman was quite civilized in going about it. Pleasantly, she also refused to take the usual money gratification for her work. Must be indeed a rare specimen amongst police!

 

On Monday afternoon, I took the accused husband to the mediation centre. After waiting for about five minutes, the Deputy Director saw us. His first question was “Why did you go to police for closing criminal case?” I introduced myself and candidly told him of the quality of legal advise or bad legal advise we had been getting from our counsels, and that out of desperation, we had been exploring all possible avenues, including the ignominy of taking the help of police. I informed him that knowing this to be highly unsatisfactory situation, I had approached the mediation centre on the previous Friday.  The Deputy Director spoke: “Listen, I have been a magistrate for ten years! Our hands would tied. No magistrate has the option of dismissing a case at the preliminary stage. Tell me under which provision a magistrate can close a criminal case?”  The answer to his eloquent question was of course a No. I had not found any such enabling provision for closure of a criminal case at preliminary stage. I told him that I knew of no provision under which a criminal case could be closed by a trial court. He said, “A trial magistrate has no choice but to proceed with trial once charge sheet is filed. Here, you have been working feverishly for getting the charge sheet filed!” He continued, “I was born in a police family. My dad was a Deputy Superintendent of Police. I know how the police work. The police will take your money, they will say they would file B report. Two years later, when you receive summons from the court, you will realize that they have reneged and have filed a charge sheet instead of B report. It would be too late for you to do anything else, but to go through the long trial.” The Deputy Director advised, “there is only one remedy for you. You must move a petition under Section 482 of Cr.P.C, duly supported by the mediation agreement, and judgment of divorce. If you want expeditious hearing, enclose the confirmed air ticket also. The High Court will go out of the way to provide remedy to you, especially when your case has been settled through mediation centre!” The confidence with which he spoke was infectious. He had more or less affirmed whatever my research had revealed tentatively. We thanked him profusely, told him that we would take steps to file the petition by next day itself. We left the mediation centre, feeling far lighter in heart!

 

How the criminal case got quashed is a story which merits another article by itself.

(In the context of false case booked under Section 498A of IPC)

 

By

 

B.N.GURURAJ, Advocate

 

In this narration,

 

CL stands for Civil Lawyer of the Accused person.

CRL stands for Criminal side Lawyer of the Accused person.

OL stands for opposite side lawyer.

PP and APP stands for public prosecutor and Assistant public prosecutor respectively.

 

A side show amongst counsels

 

On the day when the matter was posted for mediation, a side show developed. The CL has a junior lawyer, who is in his late twenties or early thirties. According to another civil lawyer friend, this person was skilled in fleecing more money from the clients, than his own senior! This collection would be in addition to the payment of fee to the CL.

 

On that day, he talked to the OL for a few minutes and returned to me to inform, “sir, that OL is money-minded! I can make out that if right sum is offered to him, he will prevail upon the complainant to accept settlement for fifteen lakhs. It may be necessary to pay him another fifty thousand.” I told this junior “fifteen lakh rupees is quite a generous offer. None from the other side should be unhappy to accept it. If the OL can prevail upon his client to accept it, we don’t mind compensating OL.” For good measure I added “and you too!”

 

The junior lawyer huddled into conference with the OL. He returned about fifteen minutes later and confirmed that we would have to through the motion of mediation and he would persuade his client to accept the offer of fifteen lakhs.  As readers would recall, the last demand of the complainant wife was Rs.30 lakhs. The gap between our offer and their demand was far too wide to be bridged. However, with this work done through the second channel, I felt that negotiation before the mediator would be concluded on Monday.

 

Meeting the PP of sessions court

 

Next day, late evening the CRL called me and complained at length about his not getting paid for filing of anticipatory bail application. He also made much show about my not joining him to meet the PP in the Sessions Court. “It is now too late in the day to do so. You should have approached me much earlier.” By now, I had realized that this was his usual style of talking, always blaming the client for real or imaginary faults. This was to get worse, with every passing day. I asked him, “could we meet the PP on Friday?” He pompously replied that he was busy on Friday and had to appear in several courts including High Court. I persisted, “Can I come to High Court around 1 O’clock and pick you up?” He agreed with much reluctance: “alright, you present yourself at High Court by 1 O’clock. During the recess period of one hour between 1.30 pm and 2.30 pm, we will go to sessions court from High Court and try to meet the PP.”

 

I found the CRL near the court hall of High Court where criminal petitions were heard. The court hall was too crowded. CRL’s matter was 60^th in the cause list. At that time, 31^st matter was being heard. So, the CRL took me to the next court hall, which was vacant. As soon as we sat there, the first task I did was to pay him another 10K. I told him, “On the day you filed the Cmisc petition, I was not carrying sufficient money. Here is part of your fee.” He beamed broadly and took the money. Thereafter, he was very cordial. Thus, I found that his grumpiness was on account of not getting paid then and there!

 

We waited till about 1.20 pm. The cause list stopped at 44^th matter. Therefore, CRL felt that we could safely go to sessions court which was about one kilometer away, in my car, and return in time for the afternoon session of the High Court. We left for the Sessions Court. When we reached there, we found the PP still in the court hall. The court would raise for recess at 2.00 pm. We patiently waited. CRL told me to keep a thousand rupee note ready and handy, which I did.

 

When the PP came out of the court and entered his chamber next door to the court hall, we also followed him and occupied the visitor’s chairs before him.  He gave us an interrogative look. The CRL told him “On Monday, a Cmisc is coming up for anticipatory bail.” He paused at this stage and told me to handover thousand rupees to PP, which I did. The PP pocketed it without even a glance at me and without any break in the conversation with the CRL! PP asked the petitioner’s name, name of police station. He located the petition copy served on him. CRL requested him, “the court has agreed to hear arguments on Monday itself, if you can file objections on Monday”. The PP agreed to do so. CRL further requested PP to make a note of the Cmisc number. The PP airily replied, “don’t worry. Once you have told me, I will take care of it!”. With that, we were dismissed and returned to the High Court in another fifteen minutes. I dropped the CRL at the High Court and returned to my office. Before parting, the CRL told me to be present at the Sessions Court on Monday by 1.00 pm itself.

 

Sessions hearing and drama at mediation centre

 

On Monday morning, I kept on trying for the CL. But as usual, he was inaccessible. Since CRL wanted me to be present at the Sessions Court for argument of anticipatory bail application, I could not also be present at the mediation centre on Monday, which was also fixed at 3.00 pm. Eventually, when I managed to get him on the phone at 1.00 pm, I requested him to appear for the mediation, as I would be away at the Sessions Court. But, the CL refused to continue the conversation on the ground that he was in the middle of some discussion or argument! The lack of commitment for the client’s cause was absolutely shocking. After an hour, he called and told me that his junior would accompany the accused husband at the mediation centre. Knowing his proficiency and abilities, I knew that until I returned to the mediation centre, the accused husband would be a lone lamb amongst wolves. This junior was too dumb to contribute meaningfully to the mediation process.

 

I waited for the CRL at sessions court. He turned up at around 1.30 pm. He was coming from some other court. I did some running around with him, as he did some follow up on an execution petition filed by him saw some of the dungeons of the court complex which passed for the offices of the courts. In the meantime, a young man approached the CRL with a request to file anticipatory bail application on behalf of some persons, who were facing recovery proceedings from a bank. Apparently, the debt had been decreed by the Debt Recovery Tribunal. For failing to comply with recovery notice, they must have been facing the threat of criminal proceedings. The CRL heard him for a couple of minutes and told him, “Yours is not a case where an FIR has been filed. Therefore, you cannot approach the Sessions court for anticipatory bail. Go and request the branch manager for some time”. With that, he dismissed that prospective client.

 

We sat in my car, which was parked in a tree shade and shared the lunch I had brought. By 2.40 pm, we returned to the court hall. Within about ten minutes after three, our matter was called. The PP promptly said “I am filing objections!”. He handed over a copy of statement of objections to the court clerk and did nothing more. The judge heard the CRL’s arguments. Sum and substance of the argument was that the complaint under Section 498A had been filed during the pendency of petition for divorce for over year and a quarter. The complaint was retaliation for this divorce petition. That the complaint was false, as the husband was not present in India to make demands, nor did the complainant wife lived in her matrimonial home for over year and a half. The complaint was based on improbabilities and stale facts. The CRL also took the judge through case laws he relied on, especially a constitutional bench decision in a 1980s case, wherein, the Court had set rather liberal guidelines for granting anticipatory bail. The judge impassively heard the arguments. After hearing the arguments, the judge cryptically said, “for orders on next Monday”.

 

I had no experience in the Sessions Court. Just as the magistrate had dictated the bail order in the open court immediately after the argument, I expected the Sessions Judge to do so upon conclusion of the arguments. This meant that the parents in law would have to remain in exile for at least another ten days, assuming that the order would be pronounced on next Monday granting anticipatory bail, and we would be able to get certified copy of the order, the next day. I was dejected. The CRL and another elderly advocate explained to me, “Even the courts are worried about being attributed oblique motive, if they pronounce the order immediately. Hence, the delay.”

 

With that, we left the court complex. The CRL had to return to his office-cum-home. He wanted me to drop him at my place, from where he could go by autorickshaw.  On the way back, I explained to CRL the anxieties of the parents-in-law, the fact that the accused husband’s sister was in the family way, how, because of threat of harassment by the police, the family had splintered and dispersed. The CRL’s response was typical of a lawyer who cared about his case and fee. “What can be done? The case will proceed and your people would have to attend the court regularly!” I told him caustically, “As a counsel, it is easy for you and me to expect litigants to regularly attend court. You must appreciate the client’s concern. None would want to come to the criminal courts, stand amidst criminals, pimps and prostitutes and stand in the box of the accused. None would want to go to court as a litigant, and as a patient to a hospital!” That must have hit the target. He kept quite thereafter.

 

Having come so near he stepped into my office, saw my library, met my chamber colleague, shared a cup of tea and then left. Thereafter, I called the accused husband, who must have been facing heavy artillery in the mediation centre. When he spoke, the desperation and anxiety were evident in his voice. He told me, “It is better if you come. These people are playing acting all kinds of drama.”  With that message, I left for the family court complex, which also housed the mediation centre.

 

In the mediation centre, which occupied the ground floor of the court complex, there are nearly a dozen mediation rooms. I located the room where our case was in progress. The mediator was a handsome man in his early forties. I stepped in and introduced myself as the accused husband’s relative and told him that since his parents were away, I wanted to accompany him. The CL’s crafty junior was sitting next to the accused husband.

 

The mediator explained to me that the complainant wife had been demanding Rs.30 lakhs as permanent alimony. Whereas, the husband had offered Rs.17.5 lakhs. I was bewildered. According to my last information, the offer was Rs.15 lakhs. According to the assurance of the CL’s junior, the opposite side was expected to accept this offer. I raised this question. Then, the junior explained to me. Apparently, the CL, in a bid to settle the matter had unilaterally offered Rs.17.5 lakhs, with the confidence that he could persuade the accused husband to pay the sum! To me this seemed rank recklessness.

 

I told the mediator, “according to our information on the previous occasion, we had been told that the opposite side would accept our offer of 15 lakhs, which is now hiked to 17.5 lakhs. If the gap was known to be as wide as another 15 lakhs, we would not even have considered mediation. There is just no way can the accused husband manage to meet that kind of demand. Even to pay Rs.15 lakhs, he still has to borrow another four lakhs”. I drew his attention to the statement of affairs drawn up by the accused husband.

 

At this, the plump woman lawyer, the wife of OL jumped to her feet, “You are making allegations against us! We have never agreed to 15 lakhs or 17.5 lakhs. You are trying to bring between us and the party!” I bluntly told her “Think whatever you like. The fact remains that on the previous occasion, your side clearly indicated that it was possible to settle the matter for 15 lakhs. I am not changing my statement”. At this stage, the CL’s junior squirmed in his seat, fearing that I might reveal his little conversation.

 

The woman lawyer told the mediator contemptuously, “He is after all a relative. He has no business to interfere!” I told her, “Mediation is meant for parties and family members. It is not meant for lawyers”. I was in counsel’s dress at that time.

 

The mediator, quite an affable man, helped clam the tempers. At this stage, the complainant wife opened her mouth and revealed the degree of her greed. “If these people have no money to pay, let write their house in my name!” I was astounded to hear this. Since I did not want to escalate the tempers by saying something sharp, I told the mediator, “This is a reckless demand. The house the accused lives in belongs to his mother. Accused husband does not own any movable property or immovable property. Other side cannot make this kind of baseless demand.” The wife muttered something about the family being boastful about their wealth and living beyond their means. I told the mediator that such baseless and wild assertions cannot be taken into consideration for settling the dispute between the parties.

 

The complainant wife once again started the melodrama about joining the marital home, that she wanted to lead peaceful life with husband. But, she did not want to live with her in laws as she feared for her life. She wanted her husband to set up separate family. I firmly told the mediator that living together again was not at all an option, not after the humiliation faced by the family at the hands of the complainant wife by being arrested and sent to jail. If that was the main demand, this mediation would serve no purpose at all. I wondered how this educated wife did not appreciate her own contradictions. On the date of arrest, she told the police inspector to let off her in-laws and arrest the husband, as though she thought that the in-laws were angels and the husband a demon. Now, she was willing to live with this diabolical husband, but feared for life if she had to live under the same roof with the in-laws! But, then for someone whose judgment and intelligence are clouded by greed, logic is highly inconvenient.

 

I told the mediator and the other side lawyer, “At present, the husband is not earning any money. If the matter is delayed, his savings would also dwindle and there would be no significant money left for paying permanent alimony. No court can award alimony which is beyond the means of the petitioner in a divorce case.”

 

The complainant wife again asserted stridently, “I too have to look after my handicapped father. I do not have a project now. I am on the Bench. What should I do for future, if I accept their paltry offer? I cannot accept anything less than Rs. 30 lakhs!”. It was evident that she wanted this opportunity to solve all her life’s problems forever, a mercenary approach if there was ever one.

 

The mediator explained to the accused husband that he will consider the matter once again on Thursday, and in the meantime, both parties could find a meeting ground. He advised the accused husband that if he could conclude the matter by settlement, he could return to his job within next couple of weeks, as the conclusion of civil case would also mean that criminal proceeding can also be closed. That would be a part of mediation agreement.  On that note, we left the mediation centre.

 

The accused husband was feeling very depressed. The adamancy displayed by the opposite side worried me too. If the demand remains beyond the means of the husband, there can be no conclusion of civil and criminal proceedings within four weeks. That would mean loss of job for the husband. How long can a person live on savings, and meet the expenses of litigation in two courts? Unfortunately, even his parents were not at hand to console him. They had to remain in exile until the anticipatory bail order was obtained.

 

Husband ready to throw in towel

 

That night and next day, we discussed the situation at home. The husband was feeling desperate to save his job. He blurted, “I am ready to borrow from my friends abroad. I can repay them within a few months, when I return to the job. I am prepared to pay 25 lakh rupees”. Since he had already booked his return journey to England, travel would not be a problem, even after he paid this king’s ransom. But, he would be left with no money at all, not to speak of his family. But, his reasoning was, it was better to sacrifice the savings, rather than job. Savings could be built up, but job could not be found so readily.

 

That decided, we contracted the CL. After playing the usual elusive game, he spoke to us. He said, ‘You need not pay 25 lakh rupees. I will speak to the OL and settle the matter at Rs. 20 lakhs.” He sounded very confident.

 

Matter settled at mediation centre

 

On Thursday morning, the CL called me and told me that he had spoken to CL and told him “I am telling my client to make a final offer of Rs.20 lakhs. If your client does not accept it, you may do whatever you like. I will not participate in the negotiation.” I wondered what kind of ultimatum was this. If he did not participate in the mediation, it would be no skin off the nose of the opposite side! We would be constrained to take help of another counsel or plunge further on our own. The CL continued, “This threat has worked! OL called me a short while back, and has confirmed that his client has accepted the final offer of Rs.20 lakhs”. At last, there seemed to be some light at the end of the tunnel. I informed the accused husband about this development. He was smarter. Anticipating such development, he had already mobilized money, and transferred money from his foreign account to Indian account. He said, he could issue a crossed cheque for that sum!

 

In the afternoon, well before 3.00 pm, I was present at the mediation centre along with accused husband. I saw the notice board and noted that our mediation case was listed. A little while later, the complainant wife and her relations turned up as also their counsels. As usual, our CL did not turn up. Though it was 3 O’clock, even the mediator had not yet appeared. I contacted the CL. He told me “I am at Revenue Court. I will come in another twenty minutes. That time passed. I called him again. But he was inaccessible. In the meantime, the mediator appeared. Both sides went to him. I told him that our counsel would be slightly delayed, but would surely come. We waited upto 4 O’clock and there was no sign of CL. I began to wonder whether this would result in slip between the cup and the lip on account of the counsel playing truant.

 

The mediator, sensing my anxiety told us that we could finalise the details of settlement and commence drafting the mediation agreement-cum-petition which would be presented to the family court. It had to be signed by both the parties and their counsels. Once the details of settlement were known, he could dictate the document so as to save time. We agreed to this sensible suggestion and met in a mediation room.

 

We were in agreement that the husband would pay the permanent alimony in full and final settlement of all claims and neither side would stake any claim against the other in future; that they would not interfere with each other in future; that divorce would be by consent of the party; that the criminal case commenced against the husband would be withdrawn. The other side added one more element “petitioner husband must withdraw all the allegations made in the divorce petition”. After conferring with the accused husband, I told the mediator that we had no dispute about withdrawing the allegations in the petition. Next, the other side wanted the money partly in cash. This I flatly refused. I firmly told that the cheque number, bank name, amount, and date must appear in the mediation agreement for the entire sum. Further, we did not want to run the risk of drawing and transporting cash. The other side did not persist with this demand. Next, there was some discrepancy in the name of complainant wife in the petition and in her bank account. It was agreed that mediation agreement would record the name in which the cheque was issued as abundant measure of caution. The accused husband wrote out the cheque for Rs.20 lakhs and gave it to the mediator.

 

Before leaving the mediation room, he mediator asked the complainant wife, whether she was satisfied with the settlement. He reasonably expected that at least out of politeness he would get a positive answer. But, her answer was a firm NO!

 

We again retired to our corners of the boxing room called mediation centre. At this stage, the CL made his grand entrance. We were waiting in the porch of the mediation centre in that rainy late afternoon. I took him to waiting room and explained the terms of settlement. Then I took him to mediator who was in a secretary’s room, dictating the mediation petition – cum – agreement. Short while later, after the draft was ready, we met again in the mediation room. Both sides read the draft checking each detail carefully. Thereafter, lawyers of both sides as well as the husband and wife signed the mediation agreement.

 

I asked how the criminal case would be solved. The mediator and the OL told us that soon after the divorce judgment, the complainant wife would appear in the magistrate court and withdraw the criminal petition. I looked for confirmation from the CL. He also agreed that this was possible. Since I was not certain of the procedure for withdrawing the case in a cognizable offence, I deferred to his wisdom.  This was soon to become a major problem

 

The mediator gave it to the centre staff to affix seals, made copies and give one copy to each party. He called for the court’s case file, and wrote an order directing the matter to be placed before the Family Court on next Monday, for passing the judgment of divorce.

 

On that note, we left the court complex, feeling satisfied that at least the civil side of the crisis was about to get settled.