Sunday, 16 October 2016

DR ANTHONY RAJU HAS BEEN AWARDED INTERNATIONAL AWARD FOR EXCELLENCE IN HUMAN RIGHTS 2016 BY DR MAHESH SHARMA , MINISTER OF TOURISM AND CULTURE , GOVT OF INDIA ON 15TH OCTOBER'2016 IN DELHI.

THE PROF R S KATHERIA , MP AND FORMER STATE MINSTER , GOVT OF INDIA , HIS EXCELLENCY JAGDISWAR GOBURDHAN , HIGH COMMISSIONER OF MAURITIUS AND DR YOGENDRA NARAIN , FORMER SECRETARY GENERAL RAJYA SABHA AND DEFENCE SECRETARY , GOVT OF INDIA , PADMVIBUSHAN PROF. YASPAL , PADAMVIBHUSHAN MRS SONAL MANSINGH , PADAMSHRI SWAMI RAM SWAROOP SHARMA , PROF R P DHOKALIA , PROF DR PUSHPA KHANNA DJ , SHRI RAM NIWAS JAJU, DR O P GUPTA , DR RAM BOOJH , DR R N GROVER , MRS KIRAN CHOPRA - MANAGING DIRECTOR - THE PUNJAB KESHRI , WERE ALSO PRESENT AS PROMINENT DIGNITARIES AND RECIPIENT OF THIS AWARDS.

THE AWARD WAS ORGANISED BY THE RESPECT AGE INTERNATIONAL AS 54TH INTERNATIONAL AWARDS FOR EXCELLENCE.

DR RAJU HAS EMPHASISED THAT HE IS LEADING A MOVEMENT OF HUMAN RIGHTS IN INDIA AND ASK ALL THE PEOPLE TO JOIN HAND TOGETHER TO THIS INTERNATIONAL MOVEMENT.

HE APPEALED TO PEOPLE TO NOT TO CRITICISED THE GOVERNMENT BUT COME FORWARD TO GIVE VALUABLE ADVICE , SUGGESTION TO IMPROVE THE HUMAN RIGHTS VALUES IN INDIA AND NEIGHBOUR COUNTRIES.

Friday, 24 June 2016

Tribal woman, lover stripped, paraded naked, tortured for having extramarital affair

Rajasthan: Tribal woman, lover stripped, paraded naked, tortured for having extramarital affair

The incident took place on June 20 and it only came to light after pictures of the victims appeared on social media. The pictures were reportedly posted by bystanders, who jeered at the couple and took their pictures to mock them.


Udaipur, June 25: In a shameful and shocking incident has been reported from Rajasthan’s Kasotia village, wherein a tribal couple was mobbed, stripped and paraded naked by the locals as punishment for infidelity. The victim woman had reportedly left her husband’s house and was living with her lover, without seeking the community’s sanction. The atrocities meted out to the couple, was the punishment decided upon by the villagers, for the ‘crime’ that the woman committed by leaving her husband.
But this was not all. The villagers, including the woman’s husband and his family members, also tortured the couple, by keeping them tied up in the same position, for two days! The incident took place on June 20 and it only came to light after pictures of the victims appeared on social media. The pictures were reportedly posted by bystanders, who jeered at the couple and took their pictures to mock them. None of the witnesses reported the incident to the authorities, and neither did the Patwari, the government school teachers or the medical staff.

The woman was rescued from her husband’s custody on Friday, according to a report by the local media website udaipurkiran.com. A case has been registered against over 30 people, while 13 people have been arrested by the police till now, says the report. The village Patwari has also been suspended and show cause notices have been served to two government school teachers, two ANMs and an ASHA worker. The victim Shanta (26) had left her husband Bhanwarlal Meena’s house on June 17, to live with her lover Laluram (28), in Khodi Pipli at Tekan village in Lasadiya block under the ‘Nata’ custom prevalent among the tribal community. More on this here.

Tuesday, 21 June 2016

US flags concern on human rights violations in Pak

US flags concern on human rights violations in Pak
TNN | May 5, 2016, 07.05 AM IST
SHINGTON: The US has said it is concerned about the allegations of gross violations of human rights in Pakistan by its security forces during its counterterrorism operations.
"We have seen the reports of his (a local Pakistan leader's) death while in military custody, and we would direct you to the Pakistanis for any further information on the events surrounding his death," State Department spokesperson Elizabeth Trudeau told PTI.
She was responding to a question on the death of Mutahidda Qaumi Movement (MQM) leader Aftab Ahmed, who died in the custody of Rangers paramilitary force under controversial circumstances.
MQM has accused Pakistan rangers of extrajudicial killings. According to a Dawn report, Director General (DG) Rangers Maj Gen Bilal Akber on Tuesday accepted that the MQM leader was tortured by Rangers in custody, but maintained that he died due to a heart attack.
"Even as Pakistan undertakes difficult and important counterterrorism operations on its territory, the United States remains concerned about allegations of gross violations of human rights in Pakistan," Trudeau said.
"Indeed, we consistently discuss these concerns with the government of Pakistan, in both civilian and military channels, as part of our ongoing dialogue on counterterrorism and security cooperation," she said.
"That dialogue, including at the highest levels, emphasises that any excessive or extrajudicial use of force or breaches in due process and the rule of law ultimately undermines Pakistan's democracy and long-term counterterrorism efforts," Trudeau said.
Last week in a memorandum to the State Department and US lawmakers, MQM alleged that the Pakistani Army and its paramilitary Rangers are conducting atrocities against Mujahir community in Karachi.
"Since the formation of MQM in 1984, over 20,000 of its workers and supporters (mostly ethnic Mujahirs) have been brutally murdered by the Pakistan Army and other law enforcement agencies," it said.
The memorandum titled "SOS" was accompanied with a fact sheet report about extrajudicial killing, arrest and missing workers in Karachi since 2013. Copies of the memorandum along with the report was also presented to members of the powerful House Foreign Affairs Committee by members of MQM US during a Congressional hearing on Afghanistan and Pakistan at the Capitol Hill yesterday.
"Since 2013, thousands of MQM workers have been arrested and tortured by paramilitary rangers, dozens have been extrajudicially murdered and hundreds have disappeared while their whereabouts are still unknown," the memorandum said.
AICHLS REVIEW : NEED IMMEDIATE ATTENTION FROM NATIONAL HUMAN RIGHTS COMMISSION , PAKISTAN , SAID DR ANTHONY RAJU

Thursday, 5 May 2016

An non-compoundable offences cannot be permitted to be compounded by the Court, whether directly or indirectly.

An non-compoundable offences cannot be permitted to be compounded by the Court, whether directly or indirectly.
The Supreme Court of India on 23-11-2010, in the matter of Gian Singh v. State of Punjab & Another held that the Court must maintain the judicial restrain and should not do indirectly such thing which can not be done directly.
While deciding the matter the Apex Court observed the three decisions of this Court, all by two Judge Benches.They are B.S.Joshi vs. State of Haryana (2003) 4 SCC 675; Nikhil Merchant vs. Central Bureau of Investigation and Another (2008) 9 SCC 677; and Manoj Sharma vs. State and Others (2008) 16 SCC 1. In these decisions, this Court has indirectly permitted compounding of non-compoundable offences. Section 320, Cr.P.C. mentions certain offences as compoundable, certain other offences as compoundable with the permission of the Court, and the other offences as non-compoundable vide Section 320(7). Section 420, IPC is a compoundable offence with permission of the Court in view of Section 320, Cr.P.C. but Section 120B IPC is a non-compoundable offence. Section 120B(criminal conspiracy) is a separate offence and since it is a non-compoundable offence, the court cannot permit it to be compounded. The Court cannot amend the statute and must maintain judicial restraint in this connection. The Courts should not try to take over the function of the Parliament or executive. It is the legislature alone which can amend Section 320 Cr.P.C. The Court opined that something which cannot be done directly cannot be done indirectly. An non-compoundable offences cannot be permitted to be compounded by the Court, whether directly or indirectly.

By : National Legal Council
Mentor : Dr. Anthony Raju , Advocate , Supreme Court

Tuesday, 26 April 2016

What is a Succession Certificate for Immovable Property?

What is a Succession Certificate for Immovable Property?
No Comments Sub Category:Property Buying,Property Selling Posted On: Aug 26, 2013
Legal process for obtaining the succession certificate Succession certificate is a document issued by a competent court (civil) certifying a rightful person to be the successor of a deceased person. This certificate authorizes successor(s) to realize debts and securities of the deceased person. Issuance of succession certificate does not give “right of succession to the claimed property” of a deceased person, because it does not determine the right, title and interest of the deceased person to a particular property or entire property. However, successor(s) of intestate deceased person is/are entitled to inherit the deceased person’s property (ies).
As per Section 370 of Indian Succession Act, when the deceased person has left a validly executed “Will”, the entire estate of the deceased person under that “will” vests on the executor of the will and in such cases “Succession Certificate” cannot be granted. In eligible cases, the competent court to issue such certificate is the District Court (Section 371 of the said Act) in whose jurisdiction the deceased person generally resided.
Obtaining the Succession Certificate
For obtaining the certificate an application containing the full details of the deceased person, details of his other near relatives, details of debts and securities in respect of which the certificate is applied for and the right in which the petitioner claims to be issued the desired certificate.
After due process of Law the certificate is issued and the rightful successor becomes eligible to collect/ realize the debts and securities of the deceased person. Any creditor holding securities and liable to pay the debts, of the deceased person is fully discharged of his her obligations if such debts and securities are duly paid to the successor(s) of the deceased person as mentioned in the certificate.
Revocation of the Succession Certificate
As per Section 383 of the said Act, a certificate so issued may be revoked for any of the following causes:-
Process for obtaining the certificate was defective.
Certificate was obtained fraudulently.
Certificate becomes useless and inoperative due to circumstances.
Decree or order of other competent court in dealing with the debts and securities of the same deceased person, renders it proper that the certificate is revoked.
Against an order of the District judge, in the matter of grant, refusal or revocation of certificate, a person may appeal to the appropriate High Court.