Encounters of Disha rape accused: Where do we go from here?

The Friday morning breaking news of encounters of four accused persons who committed the heinous crimes of abduction, rape and murder of a veterinary doctor, nicknamed Disha, brought not only relief but also cheers on the faces of denizens of the country.

Since the ghastly incident had generated the countrywide anguish and stirred up debate on the issue of rape and murder, the news of encounters was on the lines of populist wish. More so, when country had witnessed similar incidents in different parts of the country in a sequential manner.

Further the ongoing Parliament session also came handy to the elected representatives of the people who unanimously and in one voice condemned the brutal rape and murder and also demanded the stringent laws to deal with such situations in future.

However, it would be wrong to put the seal of approval on the encounters of any criminals without following the due process of law. Since, it could be against the very principle of the Rule of Law which is the basis of any judiciary worth its salt.

It is one thing to have the massive public support for the encounters which are done Ultra Vires by police and it is all together a different thing to have an environment of scientific investigation, efficient, prosecution and unbiased verdict in accordance with the law and procedures laid down by the parliament and courts.

Therefore, there is nothing wrong in the National Human Rights Commission taking Suo motu cognizance of the encounter killings.

Every time such a gruesome offence comes to the light, it generates a lot of public commotion and condemnation but after a few days of the incident it is forgotten and all the right thinking people also do not wish to ponder over different aspects of the crime until one more of the same or of more density occurs.

This what happened exactly in the cases like Geeta Chopra and Nirbhaya. In fact, following the Nirbhaya case, Justice J S Varma Committee was appointed to suggest stringent legal provisions in the criminal law.

It must be said to the credit of Late Justice Varma that he had completed the task in a record time and Parliament too, accepted his recommendations and incorporated Section 354 in the IPC subsequently, but alas! The incidents of rape and murder did not come down even after this.

Therefore, it becomes necessary to look forward and take the holistic view of the matter. Then only we would be able to strike at the root of problem.

Many factors are responsible for the ultimate culmination into the crime against women such as dwindling the joint family system, excessive nudity and sex in the films, TV serials and advertisements and increasing openness of the society due to the internet revolution in the world.

True, we do not have control over all the factors having dangerous impact on the minds of the people especially the juveniles. Still, we can do our precious little in inculcating and promoting joint family values, vices-free society by imposing strict restrictions on the use of alcohol, tobacco and narcotic drugs.

Similarly, films, television serials and other social media also will have to address this problem of gigantic measure to curb the increase in influence of such devastating factors.

For framing charges no need to go into detailed version: SC

The bench of the Supreme Court of India comprising Justice R Banumathi, Justice A S Gopanna and Justice Hrishikesh Roy has observed that at the stage of framing charges u/s. 228 of CrPC, the court is not required to hold an elaborate enquiry; only prima facie case is to be seen.

The bench, while considering the appeal (Bhawana Bai V. Ghanshyam) filed by the complainant, observed: "at the time of framing the charges only prima facie case is to be seen: whether case is beyond reasonable doubt, is not to be seen at this stage."

In the result, the apex court set aside the order of the High Court which had quashed the case against the accused by observing that while framing charges the court should apply the judicial mind and should give reasons in concise manner for framing charges and that the trial court had failed to apply its mind while framing charges.

TS-HC launches e-services

The High Court of Telangana became the first High Court in the country to have launched 'Inter-Operable Criminal Justice System' (ICJS) and 'National Service and Tracking of Electronic Processes' (NSTEP) in all districts of Telangana.

This facility would obviate the courts to access the data from the other stakeholders of ICJS project and the transmission will be done electronically to bring about more transparency and reduction of data entry at multiple places.

Law passed to regularise unauthorised colonies in Delhi

The bill, 'the NCT of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies), 2019' which was passed earlier by the Lok Sabha on November 28 was also passed by the Rajya Sabha on December 4 by voice vote.

The new Act will extend to 1,731 unauthorised colonies spread over 175 Sq Kms mostly occupied by poor migrants from different states.

The new Act is seen as a sop to the lakhs of migrant population who has acquired voting rights. In the wake of ensuing Assembly elections, the critics of BJP smell a rat in the move.

Lawyers' Day and Constitution Day celebrated

Country's premier body of the legal fraternity, the Bar Association of India celebrated the 150th birth anniversary of Mahatma Gandhi synchronising with its Diamond Jubilee and the birth anniversary of India's First President Dr Rajendra Prasad as the Lawyers' of India Day on December 3.

Addressing the august gathering, Justice S Ravindra Bhat of the Supreme Court of India expressed his optimism about the bright future of country's judiciary. "Without the cooperation of bar, the bench cannot deliver good judgements," he added.

Another judge of the Supreme Court, Justice Indira Banerjee, exhorted lawyers to render their services for the uplift of the women and underprivileged classes. Former Attorney Generals for India K Parasaran, K K Venugopal, Soli J Sorabjee and Ashok H Desai also spoke.

At the outset Lalit Bhasin, President in his welcome address outlined the glorious history of the Bar Association of India and hoped that it would scale new heights in future.

The president-elect Prashant Kumar in his presentation gave the detailed account of International Co-operation being embarked upon by the BAI with several other Bar Associations abroad while General Secretary Anandita Pujari presented a report of activities. The vote of thanks was proposed by Shyam Divan, the vice president.

The third annual Living Legends of Law awards were given to several eminent personalities in the field of Law. Among them were also the Chairman, Bar Council of Telangana and President, Telangana State High Court Bar Association.

At Hyderabad, the Nava Telangana Advocates Forum and South India Advocates JAC jointly organised the Constitution Day celebrations on November 26.

The Chief Guest on the occasion was Justice G Sri Devi of Telangana High Court. She emphasised on the values enshrined in the preamble of the Constitution.

Prof Gali Vinod Kumar, Head of the Department of Law, OU, in his keynote address, regretted that Justice, Equality and Liberty guaranteed under the Constitution have still remained a far cry.

The Vice chairman of State Bar Council Sunil Kumar Goud suggested that a copy of the Constitution should be provided free of charge at the time of enrolment of advocates. The High Court advocates M W khan, V Sharada, M Srinivas Yadav, E Sudharshan, C L Reddy also spoke.

Earlier, the President of the Forum S Nagender welcomed the gathering, K Venkateshwari presided.