Section 25 of the Indian Evidence Act says that Confessions before Police invalid. That is, Law of the Land, the Indian Evidence Act does not accept Confessions made before Police as Evidence to convict an Accused person.
When Police evidence is not accepted by Law courts why Public should be made to believe it as evidence by media? It amounts to subversion of Law on the part of the Government. Where as, nowadays Police stories are sensationalized by Media and thereby people are led to believe that Police stories are true.
Section 25 of the Indian Evidence Act
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“Section 25: Confession to police officer not to be proved: No confession made to a police officer shall be proved as against a person accused of any offence.”
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People of the Country are being misled by the media and People are being made Judges emotionally.
Similar story happened in Andhra Pradesh also a few years back. Culprits in a Acid Through case met their end in an ‘Encounter’.
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Law Courts should take note of what is happening in the country and take necessary action to curb this kind of tendency on the part of the Government. Execution of Justice should not slip from the hands of Judiciary to the Executive ( the Government ) for good. This letter is written in Times of India on the news item’
Delhi rape accused Ram Singh’s postmortem suggests he died due to hanging dt 12.3.13.
One Mr. S Thiruvengadam (Chennai) replies to Janardhan Prasad as follows:
Your comment itself proves your point. Nowadays a crime is discussed and finalised by the Media short of awarding sentence. Thanks for TRP ratings for survival.
Comptroller and Auditor General Mr. Vinod Rai must be hailed for his frank anguish over state of affairs with regard to Political class’ bullying. You know why and how could CAG took courage and become bold enough to criticize the Government and the Establishment. I think that one and only foremost reason for this is that CAG, like Election Commissioner is barred from taking up any Government post after retirement. If High Court and Supreme Court Judges are also barred from ‘POSTS’ after retirement Judiciary also would see miracle Judgments against the Government decisions.
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This letter above was written by me in response to a news item entitled,”People who have mandate to rule are typical ‘bullies’, CAG Vinod Rai says”, dt 16.5.13 in TOI.
Independence of Judiciary in India is a myth. Take for example, the case of prosecution of Italian Naval Guards who are charged with murder of Indian in Arabian Sea. Government set the course of the Case altered and sub judicially Government declared what punishment they might get. It is true that Judiciary is one of the pillars of Democracy. But Government in practice subverts its Independence by two procedures.
One Judges of Supreme Court and High Courts are appointed by the Government from out of Lawyers of SC and High Courts. That is why we can seldom witness any Suit filed by Lawyers of SC and HCs against the Government actions or laws that are brought in by the Government, even though they are unconstitutional or against public policy.
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Next, number Two Judges of Supreme Court and High Courts are eligible for Extension of their services and also are made eligible for further postings under Government service after retirement. This provision militates against independence of Judiciary. These two provisions act as bait for Lawyers who aspire for Judges post and Judges who seek further posing after retirement respectively. That is why I say even though technically Judiciary is independent in practice it is not so. Whoever may be in power at New Delhi no Political Party would make Judiciary independent. For it is loss some power for the ruling party.
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This letter above was written by me in response to a news item entitled,”People who have mandate to rule are typical ‘bullies’, CAG Vinod Rai says”, dt 16.5.13 in TOI.
Caged parrot
This letter above was written by me in response to a news item entitled,” Digvijaya Singh takes a dig at judiciary for calling CBI a ‘caged parrot’”, dt. 13.5.13 in TOI.
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People who suffer from such illegal acts of the Police seldom complain, lest reprisals from the Police again. Fake encounters and illegal detention, Police harassment are weapons used by some Police personnel to meet nefarious ends. IN fact such act or inaction by the Police is nothing but their transgression into the Judicial system. Judiciary must be firm to curb this kind of transgression from the Police.
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Ishrat Jahan fake encounter: CBI arrests Gujarat police officer“, dt 21.2.13. CBI arrested G L Singhal in connection with the alleged fake encounter of 19-year-old Ishrat Jahan by a team of Ahmedabad crime branch officers in 2004.
About 85 percent of accused in Criminal cases filed by the Police across the country get acquitted after prolonged trial. In the mean time the accused undergo mental agony, social ostracism, rejection by family and of course jailing as under trial. That means people suffer at the hands of the Police and Judiciary and cannot dare to fight against them legally fearing reprisals. Police and Lower court magistrates have no accountability and escape from punishment after making innocent suffer.
This letter above was written by me in response to a news item entitled, “Left alone, man, woman will go for sex: Judge” in TOI dt. 14.5.13, …..”A man and woman, if left alone, will always go for sexual intercourse.” This is what a Kancheepuram judge said while awarding life imprisonment to a murder accused last year.