Only Increased Use of Technology can Prevent Rohini Court Type of Crimes

Parmanand Pandey The gruesome shootout at Rohini court yesterday was shocking, without doubt, but not surprising. It has not happened for the first time, such incidents have occurred many times in many countries, but the moot question is that despite the incredible march of technology, why is it not being used to prevent such incidents? Why, at all, the dreaded criminals and gangsters are brought to the courtrooms causing huge inconvenience to the public? The governments have to incur a lot of expenses in transporting the hardened criminals from jails to courtrooms and back to their cells. Nowadays, video conferencing can be very easily done. The increased use of Artificial Intelligence (AI) can reduce the number of cases by at least 70 per cent. A large number of flimsy and frivolous cases are filed every day, and they can be filtered by AI. This will save the expenses of the government and the public from unnecessary botheration. The number of courtrooms and judges will be considerably reduced. The courtrooms, which will become surplus, can be used for some other purposes. The second thing that can be done is to change the mindset of the judges and the advocates. Why should they not be properly screened and frisked before entering the court premises? It is often seen advocates quarrelling with the security staff. They flaunt and throw around their weight of being in the robes. This must be done away with, and everyone must be subjected to strict checking. For this purpose, high-quality sensory machines can be installed, which can very easily detect the arms that might be carried under the coats and gowns of the lawyers. The need is to get the solution to the problem and not to go on strike at the drop of the hat. The live streaming of the courtroom proceedings is long overdue. But why this is not being done in the right spirit beggars all logic. Live streaming will certainly remove the lethargy of the judges and the advocates. The Bar Council and the Bar Associations must play a pivotal role in overhauling the court proceedings. Cosmetic changes here and there will be of no use. The days are over when the third-rate judicial system silently suffered. The new generation is fed up with the sleepy judges, cunning lawyers and go-getting touts.

SC gets tough for not appearing in proper dress

Hearing of cases in courts in Virtual mode is a blessing, particularly for the senior advocates, because they can manage their cases from the cosy comforts of their houses or offices. However, sometimes, they also get a snub from the courts for not adhering to the dress code or for not following the basic protocols of the courts. Some of the advocates have even been seen sipping tea while arguing their cases, which is unthinkable in the physical mode. This happened today with Senior Counsel KTS Tulsi, who, by the way, is also a Member of Parliament (Rajya Sabha) got a snub by the bench of Justice Vineet Saran and Justice Aniruddha Bose. As far as the dress code is concerned, it is an altogether different issue and Shri Tulsi being a lawmaker and interpreter of the law can definitely take a stand to get it changed.

When Shri Tulsi appeared today in Virtual Court number 9 of the SC without wearing a neckband and a black coat, Justice Saran asked him: Are you appearing as an Advocate? If you are appearing as an Advocate, why are you not in the proper dress? Profusely apologising to the Court, Shri Tulsi, sought a minute's time from the court to wear the coat and band. In the meantime, the court took up the next matter, which did not take more than two minutes. By that time Shri Tulsi was ready in the proper dress to argue the case.

Hearings in virtual modes have received mixed reactions from the Bench and the Bar as well. It is, without doubt, a time-saving, money-saving, and pollution protecting mode. On average, an advocate has to waste nearly two hours of time commuting from home to the court and back from the court to the home, if the court works in physical mode. The money spent on conveyance and petrol fuel is also saved in virtual modes and in the process, the congestion on the roads and atmospheric pollution is reduced.

It has many demerits also. For example, it does not give the feel of the courts. One can only see either the Bench or one or two more advocates because the audio and video of advocates are kept disabled by the host. One cannot have the benefit of hearing the arguments of other advocates in the absence of enabling links. Our Bars are bereft of innovative ideas, so nothing better be expected from them.

This can certainly be adequately addressed if the live streaming of all courts is started. Live streaming will be immensely helpful in making the judges and lawyers more responsible. At present, it is found that in most of the courts, judges sit and leave the courtrooms as their whims and fancies. The Supreme Court is, of course, an exception, where the judges are mostly very punctual. The virtual mode has deprived the opportunity of socialisation among advocates and clients. Thrills of gossips in the canteens and the search for relevant materials in the libraries are felt like pangs.

The other difficulty relates to technology because, in many places, the internet is found to be very erratic. If teething troubles are got over, the technology can give optimum benefits. The proper use of Artificial Intelligence (AI) will not only reduce the burden of the courts but will also go a long way in filtering the frivolous cases, which consume a lot of judicial time of the courts.

 Laudable Supertech Judgement

Parmanand Pandey

 The judgment of the Supreme Court in the Supertech case of NOIDA will be long remembered and it must be strictly executed. The judgment has sent a highly positive message across the country that ‘high and mighty'  cannot take the law into their own hands. Unfortunately, this perception has gained momentum, particularly after the Union Carbide case that powerful persons have very safe escape routes, and the law cannot touch them. This is the reason that they flout the rules and the laws with gay abandon. The stinging comment of the Supreme Court on the corruption of officials must wake up the higher authorities to take stringent action against those, who allowed the Supertech to go like an untamed and unfettered bull. To mete out exemplary punishment to those reeking with corruption from their noses, eyes, and ears will serve the ends of complete justice.

 The justice, as they say, must be reformative and deterrent. In a democratic society like ours, retributive justice has no place. Of late. The cynicism has also grown among people about the judiciary. The conduct of the shady judges has been largely responsible for the unsavoury image of the judiciary. That is why, it is said that judges should be like Caesar’s wife, beyond any reproach.

  There is not even a shred of doubt that without the complicity of the officials, it is not possible to get any illegal construction done. Large-scale illegal constructions in any city bear the testimony of the huge corruption among officials. Almost all illegal constructions in Delhi scream about the neck-deep corruption prevailing in the DDA. Corrupt officials enjoy the full support of corrupt politicians for mutual benefits. The unplanned growth in Delhi could not have been possible without the complicity of the DDA, MCD and the Police. If exemplary punishments were given to them, Delhi would have been the ideal place.

To uphold the majesty of justice, it is all the more necessary to take action against NOIDA officials, and only then the maxim that ‘howsoever high one may be, the law is above them’ will have dignity and grace. Among all three organs of the State- the Legislature, the Executive, and the Judiciary, it is the judiciary that enjoys the highest respect and trust of the people. The Legislature and the Executive have lost much of their sheen.

It is, therefore, the responsibility of the Judiciary is to ensure that the powerful persons are not allowed to hold the common people to ransom as per their whims and fancies. This decision of the Supreme Court will, without doubt, instil a new sense of confidence in the public.

 

ReplyForward

Cowardice of the Afghan Army has no Parallel in History

In recent known history, two instances of the abject surrender of two big armies come to mind. The first one was the surrender of nearly one lakh Pakistani army personnel in Dhaka in December 1971 before the mighty army of India. But the second one that has happened in Kabul is unprecedented. Here a professionally trained Afghan army of three lakh men has left the field before75, 000 primitive Taliban. It is unheard of in history when the entire government has fled to some other country and the army has absconded from the scene.  This clearly shows the Afghan government, and the army consisted not only of cowards but of the supporters and sympathizers of the Taliban. These bigotedTalibani terrorists will very soon convert Afghanistan into another Syria. It is ironic that when Russians had occupied Afghanistan in the late seventies, it was the USA that supplied modern arms and ammunitions to Talibans through Pakistan. The then President of Pakistan, General Zia ul Haque, used and fooled Americans to the hilt and got most of the arms diverted to its own country. He had then made the infamous statement of making a thousand cuts on the body of India to bleed and fester. In a way, America was responsible through Pakistan for creating the problems in Indian occupied Kashmir.  After the Russians left Afghanistan, Americans got Afghanistan got it occupied. Then again, the Taliban started getting arms and ammunition from Russia and China through Pakistan. However, the ultimate loser has been India, which invested a whopping amount of Rupees 23 thousand crores in the last twenty years for developing the infrastructures like the building of Parliament, universities, factories, and roads, etc. in Afghanistan. As of now, it appears that the entire goodwill investments have gone down the drains.  

This region has been one of the most developed and cultured places of the world but from the time it came under the influence of the primitive Islamic forces, it has become an abhorring example of barbarianism. Shockingly, the so-called civilized and democratic world has even today become the mute spectator of the savagery of the Taliban. It is time for the entire world to unite against these brutes to completely annihilate them. It is all the more sad to find that even in India, there are many takers of the Taliban forces. Americans cannot be trusted in this fight against the Taliban. Therefore, China, Russia, France, Great Britain, and Israel must be brought on board to crush the Taliban. India will have to take a lead role in galvanizing the world forces for the extermination of the Taliban. A group or a force that targets women, children, and innocent people and perpetrate crimes against them can never be brave.

Talibans are a bunch of cowards, and their brutalities are the reflections of their cowardice. They will definitely now grow more opium and earn money by bootlegging.

Setting Time-limit for Arguments by Loquacious Lawyers is a Praiseworthy Move

What should have been done long back is being done now by the Supreme Court of India. Anyway, it is better late than never. Filibustering by the lawyers at the time of the arguments, mostly in high profile and media’s attention-catching cases has become almost a norm. I have been watching many top-notch lawyers arguing their cases for days together, sometimes making the judges sleepy and drowsy. Some of the advocates start reading page after page from books and the decided judgments to buttress their points. Judges also give them the indulgence to hear for hours. They make millions for the presentation of their cases even if it is witless and without any sparks.

Many centuries ago, Shakespeare had said ‘Brevity is the soul of wit’ but in our courts, that is hardly followed either by advocates or by the judges. The judgments are padded by hundreds of pages to make them unnecessarily bulky. However, a ray of hope was seen yesterday when the Supreme Court directed the lawyers to adopt the practice of confining their oral arguments to 30 minutes and submissions on the law to three pages. The bench of Justices Sanjay Kishan Kaul and R Subhash Reddy asked the lawyers to change their habits. This will go a long way in the speedy disposal of the knotty cases. This observation by the Supreme Court came on a petition filed by Yatin Narendra Oza, a veteran lawyer from Gujarat, who was stripped of the 'senior advocate' designation following contempt proceedings initiated against him by the Gujarat High Court.

The decisions and observations of the Supreme Court of India are mostly ‘in rem’ and not ‘in personem’. The difference between the two is that while the former is applicable to one and all, the latter remains confined to the litigating persons or parties. The Supreme Court will do a great service to the people if the proceedings of all constitutional courts are ‘live streamed’ for the sake of transparency.

It will be helpful not only for the lawyers and litigants but to the vast numbers of teachers and law students. There are many colleges, who have been charging hefty fees from students just to show them the proceedings of some courts for a few hours in a year.

No Tears should be shed for Raids on DB Corps

It is really painful to see the monumental ignorance of some journalists, who have been orchestrating that the IT raids on the offices and residences of the owners of DB Corps are attacks on the ‘freedom of speech and expression’. It is an open secret that most of the big media houses in India are corrupt to the core and they are the past masters of exploitation of their employees. There is hardly any exception; be it the BennetColeman and Company, HT Media Ltd., Indian Express Newspapers Group, the Hindu, Eenadu, Anand Bazar Patrika, Dainik Jagran, Amar Ujala, Dainik Bhaskar, Deccan Chronicle, Matribhumi, Deccan Herald, Rajasthan Patrika or any other group. Albeit two medium newspapers; The Tribune of Chandigarh and The Assam Tribune of Guwahati can certainly be considered to be exceptions. Dainik Bhaskar is one of the worst exploiters and it has ruined the lives of hundreds of employees, most of them happen to be journalists. I do not say on the basis of any hearsay but on personally experienced facts. When the Majithia Wage Board recommendations were notified, there was a provision of 20 J, which said that those employees, who were getting more wages than what was prescribed in the Wage Board, could enter into an agreement with their management that they would not claim for the WageBoard wages. A time limit was prescribed for that individual agreement.

Lo and behold, when all employees began asking for the Wage Board wages, they were called by the managers to sign the management prepared agreements from the backdate. The language of all agreements was identical. Employees were asked to give in writing that they would not ask for the wages according to the Wage Board, although these employees were getting much less than the wage board recommendations. All the government officials knew about the forgery of the agreements, but they were hugely bribed by the managements that they preferred to keep mum. This has happened in the majority of newspapers, but the owners of language newspapers (what they say Vernacular newspapers) have been the biggest culprits. They have been bending and slaughtering the rules and laws with gay abandon. The meaning of freedom of speech and expression has been converted into a big joke. Their semi-literate editors vie with each other in proving their loyalty to their masters and contriving the ways and means of exploitation of employees for their benefit. Dainik Bhaskar, Dainik Jagran, Amar Ujala and Rajasthan Patrika are the known offenders. They are the blots on journalism. They have not thought even for a moment about the employees while victimizing them.

Many of the journalists working in Dainik Bhaskar were transferred from Delhi to far off and remote places of Bihar, Bengal or Tamilnadu, where people have not even heard the name of the newspaper. The journalists working for the print medium were/are shown to be the employees of the digital platform, where the Wage Board is not applicable. Nobody can tell what has been the contribution of Dainik Bhaskar Dainik Jagran in the development of healthy journalism? These newspapers have been encouraging the journalists to become pimps/ blackmailers/ advertisement collectors. They have brought down the image and credibility of journalism in the eyes of the public because of their unscrupulous conduct. These newspapers have built huge empires mainly because of the blackmailing, browbeating and nefarious connections with politicians and bureaucrats. There is another question whether these media houses owners should be left to openly violate the law? No action should be taken against them even if they are evading taxes? Can they be allowed to slay the labour laws to the detriment of poor employees? Can they grab the advertisements at exorbitant rates and fleece the public exchequer? It does not mean that the governments' officials are lily-white. Accepted that they are equally or more corrupt, but it does not provide any immunity to these media houses.

Therefore, no tears should be shed for these media houses, which have been using their organs for their enrichment and aggrandisement behind the veneer of the freedom of speech and expression. Such Media houses should be shamed and not sympathised.

Advocates’ Dress Code Exemplifies Absurdity

                                                                                                    Parmanand Pandey

My good friend Asok Pande, a practising Advocate, mainly at the High Court of Lucknow, has raised a very pertinent point in a PIL before the High Court that the dress code of judges and advocates as prescribed by the Bar Council should be scrapped as it is totally unsuitable to the clime and culture of India. The High Court has issued notice to the BCI after getting prima facie convinced with the petitioner. As a matter of fact, an Advocate actually appears like a buffoon, and a madari after wearing a black coat, a gown and a band (which the petitioner says symbolises a Christian preacher). No Advocate, a Judge or even the Bar council office-bearer would be able to give any justification or convincing reply to this highly irksome and irritating dress code.

The Advocate Act was enacted in 1961 and the Bar Council of India (Bharat) also came into existence along with it, but the latter derives its strength from the former. The Advocates Act removed many anomalies and brought about a semblance of uniformity in the profession. Bar The council became a regulatory body. The changes have been introduced in the Bar Council from time to time, but they have been inadequate. For example, why has it not been able to dispense with the glaring absurdity of the dress code? Why the legal education is still in the mess? Why no efforts have been made to stop the Tribunalisation of justice in India? Why no trustworthy system of appointment of judges right from the Magistrate level to the Supreme Court has evolved? Why the appointment of pleaders or advocates of the States is left at the whims and fancies of the powers that be, which often stinks of corruption to the high heaven?

In the olden days, even the judges of the Indian Supreme Court and the High Courts used to wear wigs, for no sensible rhyme and reason, but that was changed for good. Earlier the judges used to wield batons on their desks, which was also very ludicrous but thankfully, that has been done away with.

There is no doubt that there should be a dress code for the Advocates like it is prescribed for in most of the professions, which may differentiate them from others but that should be soothing and climate-appropriate. For the sake of a separate identity, the advocates should not be made to undergo pain and suffering and become a laughingstock.

Hundreds of PILs are filed every year but only a few really fall within the ambit of Public Interest. Most of them are filed either for Publicity Interests or Private interests. But this PIL of Sri Pande has certainly caught the imagination of the public. Almost all advocates have been thinking for a quite long time about the absurdity of the present dress code, but this PIL has given vent to their feelings. The Hon’ble Judges have understood the gravity of the problem for issuing the notice. This is a significant step in the direction of the inevitable change. Hopefully, this PIL will be able to garner widespread and comprehensive support across the country.