Monday, November 7, 2022

Why I helped a thief to get bail ?

I was posted at Raipur from 1997 to 2000 . One day a thief was caught by police and was brought to police station Ajadpura for questioning . Although that police station was not under me , I was directed to interrogate the thief .

 When I started questioning the thief , he confessed several thefts in different localities of Raipur . Suddenly his newly wed wife came to me . She had six months  child in her lap . She requested me to discharge his husband . But when I told her that he had confessed so many thefts and it is not possible to let him go . 

She requested me to have conversations with her husband for 5 minutes and they should be left alone . 

I agreed . Both wife and husband were left alone in another room . But we made such arrangements so that we can overhear their private conversation . 

When she entered into the room where her husband thief was already there , she slapped her husband accusing him involved in so many thefts . She was profusely weeping . Intermittently , she was assaulting her husband for committing thefts . Her husband was also repenting . Some time both wept bitterly and some time , both showed angst towards each other .

I overheard that thief was telling her wife that he had no option left for him except to commit thefts to arrange milk for his newly born baby . He could not get jobs. Nor he found work . That he was forced to commit thefts . 

When I overheard the conversation between wife and husband , I got emotionally choked . I called both of them before me . I said that since you had committed crimes , you would not be let free of charges . But I shall make sure that you got bail as soon as possible to look after your family . I arranged bail for him and gave certain amount of money to start his own business of betel shop . 

I did not do any favour to the thief . I did everything for the sake of humanity . A little effort by me saved a family from being destroyed . 

Above story point out the extreme unemployment scenario in our country . It is because of lack of unemployment opportunities that so many crimes are committed in our country . Government must focus upon employment generation by launching rural and urban employment generation programmes . It must stress upon high growth so that size of economy is enlarged . Higher growth would lead to spill over effect upon lower strata of society . 


Supreme Court endorsed 10% reservation to EWS in the general category

 


Supreme Court endorsed 10% reservation to EWS of general categories of people . This is a landmark judgement . Although constitution of India lays the foundation of equality , non discrimination , equal opportunity to seek employment , abolishment of non touch ability  it also seeks positive discrimination in favour of SC , ST , women and children , socially and educationally backward classes . A large chunk of forward castes are mired in poverty . So , confirmation of reservation to EWS would herald social justice among people of general categories . 

  Our constitution talks about equitable distribution of wealth and reduction of concentration of wealth . But all governments failed to achieve this goal . Top1% people have 22% of national resources . Top 10% of people have 57% of the national resources . While below 20% people have no durable assets . Ours is the biggest unequal society . Hence , it is pertinent to give reservation to weaker sections of society . 

aaM  But reservation is not the penecea for all the ills that India is under going . It may be temporary solution . The most important thing is to bring equality and social justice in our society . This doesn’t mean dismantling of big business houses or corporates , it simply means fulfilling bare necessities of all and sundry so that everyone prosper according to his labor and hard work . Until this goal is achieved , reservation is must . 




Friday, September 30, 2022

If someone throws garbage infront of your house what will you do?

 

If someone throws garbage infront of your house what will you do?

  1. Nuisance is anything that annoys or troubles 

  2. According to section 268 ipc, a person is guilty of public nuisance who does any act which causes common injury danger or annoyence to the public or to the people in general who dwell or occupy property in the vicinity or which much necessarily cause injury, obstructions, danger, or annoyance to persons who may have occasion to use any public right

  3. Nuisance is of two kinds public and private. Keeping a gaming house in the colony or running a brothel is an example of public nuisance. The branches of a tree hanging over the house of another is an example of private nuisance. A private nuisance affects some particular individual. 

  4. Spreading infection, adulteration of food or milk, falling the water of any public reservoir, making atmosphere noxious to health are examples of public nuisance



Action under 34 police act, 

  1. If anybody commits any of the following offences which causes obstructions, inconvenience, annoyance, risk, danger or damage of the residents or passengers shall on conviction before a magistrate with a fine and also imprisonment for 8 days 

  2. Police officer is empowered to  take that person into the custody without any warrant if he is guilty of 

  1. Slaughtering of cattle's

  2. Furious riding

  3. Cruelty to animals

  4. Obstructing passenger

  5. Exposing goods for sell

  6. Throwing dirt/stones/building materials/ rubbish into the streets

  7. Being drunk or riotos 

  8. Indecent exposure of person

  9. Neglect to protect dangerous places



Under section 133 crpc, 

  1. DM or SDM or any other magistrate is in power to take action on the police report in following situation

  1. Unlawful obstructions or nuisance to any public place or to any way or river or channel lawfully use by the public 

  2. Conduct of any trade or occupation, injurious to any health or physical comfort of the community

  3. Construction of any building or the disposal of any substance which may cause explosion or conflagration

  4. A building, tent or structure or a tree likely to fall or cause injury to persons 

  5. An unfence tank, well or excavation near a public place

  6. A dangerous animal requiring destruction, confinement or disposal


What law says about public nuisance regarding SC and ST?

  1. If a person who is not a member of sc or st acts with the intend to cause injury insult or annoyance to any member of sc or st by dumping excreta, waste matter , carcases or any other obnoxious substances in his premises or neighbourhood shall be punished with the increment of imprisonment of 6 months or which can extend to 5 years.


Private nuisance

  1. Interference must be unreasonable or unlawful 

  2. There should be visible damage to the property or with the enjoyment with the property in order to constitute a private nuisance

  3. Such interference has to be with the use or enjoyment of land 

  4. Private nuisance is that kind of nuisance in which a person's use or enjoyment of his property is ruined by another it may also injuriously affect the owner of the property by physical injury to his property or by affecting the enjoyment of that property


What are the remedies available for nuisance ?

  1. Injunction - it may be temporary or for limited period or may be permanent injunction

An injunction is a judicial order restraining a person from doing or continuing an act which might be threatening or invading the legal right of another

2. Damages - it may be compensation to the aggrieved party, the court can award damages



Difference between nuisance and trespass

  1. Simply entering into another individual’s property without the consent of the owner is called trespass whereas if there is an injury to the property of another or any interference with his enjoyment of the property then it will amount to a nuisance

For eg - planting a tree in someone’s land would amount to trespass whereas if a person plant a tree on their own land which then outgrows to the land of another would amount to nuisance


Conclusion

  1. There are ample remedies available in crpc, ipc, torts and police regulations 

  2. Since people in our country are not aware of these laws, they do not take recourse to remedies through these laws. Watch Full Video Here


Thursday, September 29, 2022

Why did the government ban the Popular Front of India?

 Why did the government ban the Popular Front of India?


  1. Central government last night banned PFI for 5 years over alleged terror activities

  2. Along with PFI, student Islamic movement of India (SIMI), Jamaat Ul Mujahideen Bangladesh (JMB) and Islamic states of Iraq and Syria were also banned

  3. Along with PFI, its other subsidiary organisations have also been banned. These are Rehab India foundation, Campus front of India, All India Imam Council, National confederation of human rights organisations, National Women Front, Junior Front, Empower India Foundation 

  4. Government said that PFI is involved in several criminal and terror cases. It has become the major threat to internal security of the country

  5. Home Ministry said that PFI has been involved in violent acts like chopping of limb of a college professor and cold blooded killing of people associated with organisations espousing other faiths

  6. Several criminal activities and brutal murders have been committed by the PFI members over the past years to create reign of terror in public mind 

  7. PFI and its affiliates have been indulging in unlawful activities, prejudicial to the integrity , sovereignty and security of the country and that they have the potential to disturb public peace and communal harmony

  8. The Home Ministry says that PFI has been pursuing a secret agenda to radicalise a particular section of the society. That the outfit shows sheer disrespect towards the constitutional authority of the country

  9.  The 3 states Karnataka, Gujarat and Uttar Pradesh have recommended a ban on the organisation 


Government Action

  1. On 22nd September, NIA, ED, and state police raided PFI leaders and functionaries across 15 states, arresting more than 100 persons

  2. On 27th September, again the 2nd round of crackdown was carried out on PFI and its affiliates. A total of 247 arrests have been made so far

  3. NIA raided Indore arresting 21 persons related to PFI.

  4. MP state chief of SDPI,(Social Democratic Party of India, a subsidiary of PFI) Abdul Rauf Belim was arrested from Bhopal on 27th of September 2022

  5. The NIA, so far registered 19 PFI related cases, charge sheeted 355 people and secured the conviction of 46 persons

  6. NIA has accused PFI of instigating vulnerable youth to join banned terror outfits such as Al Qaida and ISIS 



What is PFI?

  1. PFI was formed to counter Hindutva groups and engages in a radical and exclusivist style of Muslim minority politics 

  2. It was founded in 2006, with the merger of Karnataka forum of dignity and National Development front

  3. Its purpose is to establish Islamic rule in India, Muslim Political mobilization and countering Hindu Nationalism.

  4. It describes itself as a neo social movement committed to empower people to ensure justice, freedom and security.

  5. It advocates for Muslim reservation. It protested against the alleged use of UAPA to detain innocent citizens 

  6. It is basically a resurrection of the banned terrorist outfit SIMI. 

  7. PFI has been accused of having links with terrorist organisations such Taliban and Al Qaida

  8. PFI activist have been found with lethal weapons bomb, gun powder, swords 

  9. PFI has been in violent clashes with RSS in parts of Kerala and Karnataka

  10. In 2012 Kerala government informed Kerala HC that PFI had active involvement in 27 murder cases mostly of cadres of CPIM and RSS

  11. Contrary to its claim to be non religious in character, the PFI is often found to deploy radical Islamic identity for grassroot mobilisation and has been accused of engaging in a series of violent incidents

  12. In 2020, some PFI members were arrested for their alleged role in inciting people during the Delhi riots

  13.  The outfit also faces the charge of raising money domestically and overseas to fund its operations 


Why is the PFI - SDPI axis increasing by leaps and bounds ?

  1. It has got now 4 lakhs members throughout India

  1. Insecurity among Muslims 

  2. Sense of deprivation because of Hindutva aggression 

  3. Political alienation of Muslims on account of majoritarian governance by BJP RSS combined. Politically Muslims have become redundant. Their representation in Parliament and state assemblies has become minimum

  4. Kerala is its cradle and launchpad for its activities


Conclusion

  1. Government must act against radicalism of all kinds. 

  2. Government agencies like CBI, ED and State Police must stop communal hate speech and stringent action must be taken

  3. Conviction rate in communal violence at 20% under section 153 A, ipc, must be raised

  1. The PFI continuously invokes the constitution, democratic values and rule of law but all that can not camouflage the violence in its action and speech as unleashed in Kerala last week

  2. Only by adopting constitutionally mandated secularism, socialism, democratic system pervading political, social and economic justice would save India from radicalization of its society and polity Watch Full Video here

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