Diese Präsentation wurde erfolgreich gemeldet.
Die SlideShare-Präsentation wird heruntergeladen. ×
The Hon’ble President of India,
Rasthrapathi Bhavan ,New Delhi,.
Respected Sir,
Sub:- Cooperation Deptt- Disciplinary ...
3. G.O. Rt .No. 147 Agril. and Cooperation (Coop.III)
Dated;- 17-4-2004.
4. The RBI lr. No. UBD(H)No. /2250/12....
Constitution, the executive power of a State shall extend to the
matters with respect to which the Legislature of the Stat...
Wird geladen in …3

Hier ansehen

1 von 97 Anzeige

Weitere Verwandte Inhalte

Diashows für Sie (20)

Andere mochten auch (20)


Ähnlich wie latest (20)


  1. 1. To, The Hon’ble President of India, Rasthrapathi Bhavan ,New Delhi,. Respected Sir, Sub:- Cooperation Deptt- Disciplinary action under Rule 20 of the APCS (CC&A) Rules 1991 against B.subramanyam,S.I/Auditor of Charminar coop .Urban Bank Ltd;-For his failure to conduct audit properly and his failure to report serious financial irregularities in function of the Charminar Cub Ltd; -Disciplinary case disposed off- Orders- Issued- Retired from govt. service on 31-3-2011- Request for registering F.I.R before Delhi Police establishment Act 1949/CBI against the concerned and for withdrawal of criminal case in accordance with law of the land- planning to make Dharna at Dharna chwock or before parliament house –-The Bench of Justices J.S. Khehar and Arun Mishra observed that putting the in- house procedure of enquiry in the public domain would be in the interest of safeguarding judicial integrity---Action against Salary eating officers - Req- Reg. Ref;-1. President Secretariat ref;-No P2-830664 dt;-9-2- 2004. 2. Crpc 16 Courts of Magistrate may be established .Jurisdiction of Metropolitan Courts Nampally, Hyderabad.
  2. 2. 3. G.O. Rt .No. 147 Agril. and Cooperation (Coop.III) Department Dated;- 17-4-2004. 4. The RBI lr. No. UBD(H)No. /2250/12.9.001/2013-14 june.26.2014observed. 5, Cri.MP No 1203 of 2013 in C.C. No 6 of 2002. 6. My application to the Honorable president Dated; 10-10- 2014. *************************************************************** Humbly submit the following for consideration;- in continuation of letters on collegium,In-House procedure,and my criminal case, submit the procedure established by law in India for taking action. AP State CBCID PS Crime No.3of 2002,CC No.6 of 2002 Ist Addl.MSJ court C.C. No.6 of 2002,Nampally, Hyderabad, T.State. Procedure established by law and SC court not accepted the due process.The Concurrent List gives power to two legislatures, Union as well as State, to legislate on the same subject. In case of conflict or inconsistency, the rule of repugnancy, as contained in article 254, comes into play to uphold the principle of Union power.Central Government Act. Article 162 in The Constitution Of India 1949. 162. Extent of executive power of State Subject to the provisions of this
  3. 3. Constitution, the executive power of a State shall extend to the matters with respect to which the Legislature of the State has power to make laws Provided that in any matter with respect to which the Legislature of a State and Parliament have power to make laws, the executive power of the State shall be subject to, and limited by, the executive power expressly conferred by the Constitution or by any law made by Parliament upon the Union or authorities thereof Council of Ministers. Central Government Act Article 309 in The Constitution Of India 1949,.309. Recruitment and conditions of service of persons serving the Union or a State Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State: Provided that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor of a State or such person as he may direct in the case of services and posts in connection with the affairs of the State, to make rules regulating the recruitment,
  4. 4. and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an Act of the appropriate Legislature under this article, and any rules so made shall have effect subject to the provisions ofanysuchAct. The following are the relevant Acts and Rules: (i) The Andhra Pradesh Civil Services (Classification, Control and AppealRules,1991. (ii) The Andhra Pradesh Civil Services (Conduct) Rules, 1964. (iii) The Andhra Pradesh Civil Services (Disciplinary Proceedings Tribunal)Act,1960. (iv) The Andhra Pradesh Civil Services (Disciplinary Proceedings Tribunal)Rules,1989. (v) The All India Services (Discipline and Appeal) Rules, 1969. (vi) The All India Services (Conduct) Rules, 1968. The Andhra Pradesh Civil Services (Conduct) Rules and the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules govern the State and Subordinate services of the State and are made by the Governor in exercise of the powers conferred by the proviso to Article 309 of the Constitution,
  5. 5. while the Andhra Pradesh Civil Services (Disciplinary Proceedings Tribunal) Act was enacted by the State Legislature and the Andhra Pradesh Civil Services (Disciplinary Proceedings Tribunal) Rules were made in exercise of the powers conferred bytheAct. The All India Services (Discipline and Appeal) Rules and the All India Services (Conduct) Rules were made by the Central Government in exercise of the powers conferred by sub-section (1) of section 3 of the All India Services Act, 1951, which was enacted under Article 312 of the Constitution. The three All India Services created so far are the Indian Administrative Service, the Indian Police Service and the Indian Forest Service. Central Government ActArticle 312 in The Constitution Of India 1949.312. All India Services. (1) Notwithstandinganythingin ChapterVI of Part VI or Part XI, if the Council of States has declared by resolution supported by not less than two thirds of the members present and voting that it is necessary or expedient in the nationalinterest so to do, Parliament may by law provide for the creation of one or more all Indiaservices (includingan all India judicialservice)
  6. 6. common to the Union and the States, and, subject to the other provisionsof this Chapter, regulate the recruitment, and the conditionsof service of persons appointed,to any such service. (2) The services known at the commencement of this Constitutionas the Indian AdministrativeService and the Indian Police Service shall be deemed to be services created by Parliament under this article. (3) The all India judicialservice referred to in clause ( 1 ) shall not includeany post inferiorto that of a district judge as defined in article 236. (4) The law providing for the creation of the all India judicial service aforesaid may containsuch provisionsfor the amendment of Chapter VI of Part VI as may be necessary for giving effect to the provisionsof that law and no such law shall be deemed to be an amendment of this Constitutionfor the purposes of article 368. Multi-State CooperativeSocieties Act, 1984 Multi-State Cooperative Societies Act, 1984 : Preamble.- An Act to consolidate and amend the law relating to cooperative societies with objects not confined to one State and serving the interests of members in more than one State.
  7. 7. Be it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows: Multi-State Cooperative Societies Act, 1984 (51 of 1985). Rulers must know that they are For the people,by the people, and to the people,. The right to freedom of expression is recognized as a the Universal Declaration of Human Rights and recognized in international human rights law in the International Covenant on Civil and Political Rights (ICCPR). Article 19 of the ICCPR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice". Article 19 additionally states that the exercise of these rights carries "special duties and responsibilities" and may "therefore be subject to certain restrictions" when necessary "[f]or respect of the rights or reputation of others" or "[f]or the protection of national security or of public order (order public), or of public health or morals". Locus Standi : Who can apply;- In general, the person whose constitutional right or legal right has been infringed has the right to apply.
  8. 8. However, due to judicial activism, the “doctrine of sufficient interest” has originated. According to this, any person who is even remotely affected can petition the High Court. It also allows public spirited persons to file a writ petition for any person or class if that person or class is not able to do so himself due to poverty or any other reason. Article 67, Rights of the accused, In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality: a. To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks; b. To have adequate time and facilities for the preparation of the defiance and to communicate freely with counsel of the accuser’s choosing in confidence; c. To be tried without undue delay; d. Subject to article 63, paragraph 2, to be present at the trial, to conduct the deface in person or through legal assistance of the accuser’s choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the
  9. 9. interests of justice so require, and without payment if the accused lacks sufficient means to pay for it; e. To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. f. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute; g. To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the,. h. Court are not in a language which the accused fully understands and speaks; i. Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence; j. To make an unsworn oral or written statement in his or her defence; and k. Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal. Requesting for speedy trail becomes futile exercise. Now the matter of removal of Judges unceremoniously is a very serious thing. It can only
  10. 10. be done in the case of proven misconduct or incapacity and by the signed order of the President of India. the particular law impugned and how it is not constitutionally valid and whether it is a State Law, Central Law or State and Central Law:VII sechedule and constitution 246. Whether any alternative remedy for the relief sought is provided for by or under any other law for the time being in force, and whether that remedy has been availed of and if so, with what result, by way of a separate paragraph: constitution 256. Whether the petitioner had or had not already filed a writ petition in the High Court or instituted any suit or other legal proceedings in any Court of Law or Tribunal either for the same or substantially the same relief on a previous occasion and if he had done so, the particulars of the petition, suit or other proceedings and the result thereof shall also be mentioned in the affidavit, by way of a separate paragraph. In the Indian situation human being after getting power acting like animals existence to gain their motives officially with the political power in democratic polity, and the court system supporting them to legalize police atrocities on this platform. 1. politicians trying to control the citizens with the following malafide acts.
  11. 11. a)by utilising police as their human tools to murder the citizens those who question the procedure established by the law. b)politicians donot know the constitution and law of the land. c)v. (1979 Cr.L.J. 1477)). Such an amendment would also go to ensure that the time, place and circumstances of the arrest of an accused are also properly recorded and reflected by such record, which is indeed a statutory record. ascertained during the investigation which obviously relate to statements recorded by the officer in terms of section 161 and other relevant material gathered during the investigation. In view of this state of affairs, the Supreme Court suggested a legislative change to rectify this confusion and vagueness in the matter of maintainance of diary under section 172. It is therefore appropriate that section 172 be amended appropriately indicating the manner in which the diary under section 172 is to be maintained, its contents and the manner in which its contents are communicated to the court and the superior officers, if any. The significance of the case diary has in its relevance as a safeguard against unfairness of police investigation. (See this decision of the Delhi High Court in Ashok Kumar. with the thought articulated by Shri Justice M.N. Venkatachaliah, the then Chairperson of N.H.R.C. that “power to stop, search, arrest and interrogate are exercised against a person who may turn out ultimately to be innocent, law-abiding citizen. Arrest has a diminishing and demoralizing effect on his personality. He is outraged, alienated and becomes hostile. But then a balance has to be struck between the
  12. 12. security of the State (and the societal interest in peace and law and order) on one hand and the individual freedom on the other. The complainant do not have jurisdiction to make a complaint under MSCS Act 1984 against me. The Union List or List-I is a list of 100 items (the last item is numbered 97) given in Seventh Schedule in the Constitution of India on which Parliament has exclusive power to legislate. The legislative section is divided into three lists: Union List, State List and Concurrent List. Unlike the federal governments of the United States, Switzerland or Australia, residual powers remain with the Union Government, as with the Canadian federal government.[1] 80. Extension of the powers and jurisdiction of members of a police force belongingto any State to any area outside that State, but not so as to enable the police of one State to exercise powers and jurisdictionin any area outside that State without the consent of the Government of the State in which such area is situated; extension of the powers and jurisdictionof members of a police force belonging to any State to railway areas outside that State. 95. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this List admiraltyjurisdiction.
  13. 13. Chief JusticeSupreme Court is also empowered by the constitution to repeal the unconstitutional activities of parliament and executive only after a fair trial. Can intervene or nullify the unlawful actions of union/state governments and unconstitutional laws enacted by the Parliament or a state legislative after presidential assent only. Chief justice/Judges of Supreme Court are also immune from punishment for not delivering correct judgments or for their incompetence and mala fides. However, Judges verdict can be repealed by a higher level bench of other judges. Important presidential interventions in the past In the late 1990s, President K. R. Narayanan introduced explaining to the nation (by means of Rashtrapati Bhavan communiqués), the thinking that led to the various decisions he took while exercising his discretionary powers; this has led to openness and transparency in the functioning of the President. The President's role as defender of the Constitution and the powers as Head of State, especially in relation to those exercised by the Prime Minister as leader of the government, have changed over time. In particular, Presidents have made a number of interventions into government and lawmaking, which have established and challenged some conventions concerning Presidential intervention. India has adopted a federal constitution with distribution of powers between center and the states. An independent judiciary is the essence of the federal character of the constitution. It is imperative that the judiciary be impartial and independent of the legislative and executive branches of the country to ensure the functioning of the government
  14. 14. in accordance with the constitution. The supreme court, being the guardian of the constitution, ensures that the fundamental rights of the citizens are not violated. To let the judiciary fulfill this big responsibility efficiently, the constitution has provided several measures that ensure the independence of the judiciary. However, owing to the nature of Indian politics, there have been several attempts by the govt. to extend its supremacy over the judiciary and to reduce its independence. To understand the dynamics between the govt. and the judiciary, we need to look at the provisions present in the constitution. Judiciary at lower level must have knowledge on constitution and established law of the land while entertains cases instead of blind acceptance for breeding promotions or something ,something. Each High Court has power to issue to any person within its jurisdiction directions, orders, or writs including writs which are in the nature of habeas corpus, mandamus, prohibition, quo warrantor and certiorari for enforcement of Fundamental Rights and for any other purpose. This power may also be exercised by any High Court exercising jurisdiction in relation to territories within which the cause of action, wholly or in part, arises for exercise of such power, notwithstanding that the seat of such Government or authority or residence of such person is not within those territories.
  15. 15. Each High Court has powers of superintendence over all Courts within its jurisdiction. It can call for returns from such Courts, make and issue general rules and prescribe forms to regulate their practice and proceedings and determine the manner and form in which book entries and accounts shall be kept. How a Case Moves Through the Court System; In the case outlines that follow, each party is represented by an attorney. But this often is not the case, especially in limited jurisdiction courts. People may represent themselves in court without an attorney as long as they follow court rules. They often are called pro per, pro se, or self- represented litigants. Accountability of Public Authorities: When the Court, at any stage of the proceedings, finds that a public authority had been unreasonable in dealing with or settling the claim of any party in a writ, the Court shall record such conduct of the public authority in order to enable the appropriate authority to initiate suitable action against such public authority. The Court shall also impose costs on such public authority and shall make the officer personally responsible for such costs. Attention is also invited to Paragraph 1 of Chapter XXI of the Criminal Mannual,1980, which permits a party to apply for certified copies by post. In India, the meaning of rule of law has been much
  16. 16. expanded. It is regarded as a part of the basic structure of the Constitution and, therefore, it cannot be abrogated or destroyed even by Parliament. The ideals of constitution; liberty, equality and fraternity have been enshrined in the preamble. Constitution makes the supreme law of the land and every law enacted should be in conformity to it. Any violation makes the law ultra vires.., question before the court was ‘whether there was any rule of law in India apart from Article 21’. This was in context of suspension of enforcement of Articles 14, 21 and 22 during the proclamation of an emergency. The answer of the majority of the bench was in negative for the question of law. However Justice H.R. Khanna dissented from the majority opinion and observed that “Even in absence of Article 21 in the Constitution, the state has got no power to deprive a person of his life and liberty without the authority of law. Without such sanctity of life and liberty, the distinction between a lawless society and one governed by laws would cease to have any meaning…” Applied to the powers of the government, this requires that every government authority which does some act which would otherwise be a wrong (such as taking a man’s land), or which infringes a man’s liberty (as by refusing him planning permission), must be able to justify its action as authorized by law -and in nearly every case this will mean authorized directly or indirectly by Act of Parliament.
  17. 17. The secondary meaning of rule of law is that the government should be conducted within a framework of recognized rules and principles which restrict discretionary powers. The Supreme Court observed in Som Raj v. State of Haryana that the absence of arbitrary power is the primary postulate of Rule of Law upon which the whole constitutional edifice is dependant. Discretion being exercised without any rule is a concept which is antithesis of the concept. The third meaning of rule of law highlights the independence of the judiciary and the supremacy of courts. It is rightly reiterated by the Supreme Court in the case Union of India v. Raghubir Singh that it is not a matter of doubt that a considerable degree that governs the lives of the people and regulates the State functions flows from the decision of the superior courts. Although, complete absence of discretionary powers, or absence of inequality are not possible in this administrative age, yet the concept of rule of law has been developed and is prevalent in common law countries such as India. The rule of law has provided a sort of touchstone to judge and test the administrative law prevailing in the country at a given time. Rule of law, traditionally denotes the absence of arbitrary powers, and hence one can denounce the increase of arbitrary or discretionary powers of the administration and advocate controlling it through procedures and other means. Rule of law for that matter is also associated with supremacy
  18. 18. of courts. Therefore, in the ultimate analysis, courts should have the power to control the administrative action and any overt diminution of that power is to be criticized. The principle implicit in the rule of law that the executive must act under the law and not by its own fiat is still a cardinal principle of the common law system, which is being followed by India . In the common law system the executive is regarded as not having any inherent powers of its own, but all its powers flow and emanate from the law. It is one of the vital principles playing an important role in democratic countries like India. There is a thin line between judicial review and judicial activism. Rule of law serves as the basis of judicial review of administrative action. The judiciary sees to it that the executive keeps itself within the limits of law and does not overstep the same. Thus, judicial activism is kept into check. However there are instances in India where judiciary has tried to infringe upon the territory of the executive and the legislature. A recent example of this would be the present reservation scenario for the other backward classes. The judiciary propagated that the creamy layer should be excluded from the benefits of the reservation policy, whereas the legislature and the executive were against it. No person shall be deprived of his life or personal liberties except according to procedure established by law or of his property save by authority of law. The government officials and the government itself is not above the law. In India the concept is that of equality before the law and equal
  19. 19. protection of laws. Any legal wrong committed by any person would be punished in a similar pattern. The law adjudicated in the ordinary courts of law applies to all the people with equal force and abidingness. In public service also the doctrine of equality is accepted. The suits for breach of contract etc against the state government officials, public servants can be filed in the ordinary courts of law by the public. In Kesavanda Bharti vs. State of Kerala (1973) - The Supreme Court enunciated the rule of law as one of the most important aspects of the doctrine of basic structure. In Menaka Gandhi vs. Union of India - The Supreme Court declared that Article 14 strikes against arbitrariness. In Indira Gandhi Nehru vs. Raj Narayan - Article 329-A was inserted in the Constitution under 39th amendment, which provided certain immunities to the electionof office of Prime Minister from judicial review. The Supreme Court declared Article 329-A as invalid since it abridges the basic structure of the Constitution. Humbly submit that I am a State Govt. Employee put up 34years 8months clean service as State Govt. Nouker in the Department it can be seen from my S.R.But fortunately Honorable CBCID Officers have made arrest on my duty as Auditor ,And My Commissioner for Cooperation and Registrar of Cooperative Societies A.P. Hyderabad has bluntly rejected the action of the CBCID and also State
  20. 20. Government.., causing GRAVE IN JUSTICE CAUSED BY INVOKING UNLAWFUL ACTS OF AP. STATE REPRESENTED THROUGH ITS POLICE CBCID by misutilising the powers and law of the land or can say constabulary law e.g. constitution and A.P C.S. Act , M.S.C.S Act and I.P.C. Crpc ,Coop. Audit Manual, 1872 Evidence Act. and not recognizing me as Govt. Servant by honorable court thereby abusing the process of law of the land. A.P. Depositors Act 1999 with malafide intension , misutilizing the powers with motives to stop the pensioner benefits, pay fixation , seniority etc; to B.SUBRAMANYAM Senior INSPECTOR OF C.S. /AUDITOR OF C.S. PRESENTLY ASSISTANT REGISTRAR OF CS (Retired)% District Cooperative Office Hyderabad (Urban ) Dist. and also police harassment those are cognizable offence under law of the land, and also human rights, executive decisions, govt. of A.P. decisions thrown into dustbin by the C.B.C.I.D, police with their malnutrated intension to play role of harassment causing mental agony as state Govt. Servant, citizen ship, Fundamental Rights derivate in Part III of the constitution of India , executive job rendered by me and also all the executive in INDIA WHERE THE COURTS OF JUSTICE WILL NOT INTERFER IN TECHNICAL ,ECONAMIC EXPERTISE MATTERS, and abuse of the process of law . There by Shield the constitution 13, 14 ,15, 19 ,226, APCSACT 128, 129-A 1964, MSCS Act 1984, CRPC 197. Govt. servant Rights, Citizen Rights and Human Rights declaration 61 points, Derivate the law of the land. And planners behind the seen have to pay Rs 100 crores compensation for the wrongs.
  21. 21. The Gaming of law is that Audit period is 2000-2001 (Final Audit ) and submitted report on 27-9-2001. Asper direction of R.B.Ii.e. 30-9-. Complainant made complaint on 25-2-2002(Cause of action) which is not disclosing the audit or wrongs only RBI inspection ( period not disclosed) report action is to be taken, as made complainant in his compliant. .and the complainant do not have jurisdiction to make complaint as per MSCS ACT 1984. Respondent No.1(A.P.CBCID) furnished the false information as part of charge sheet before the court U/s409, 420.120B and AP depositors protection Act 1999. Since last 14 years honorable court or all India CBCID Officers(it is the version of cbcid DSP in the open court hall before the judge on 5-6-2002 i.e. date of arrest) fixing the charges or trail started. Making fool to me and law of the land. The CBCID Officers are over and above the Constitution of my India and law of the land. Balance is the emblem ,if it go to police side/govt.side, the jury can be suspected and people of the nation can question the antecedents. The case is to be registered by the Mandi house police station New Delhi, it is jurisdictionof the MultistateState Coop. Societies Registrar /Joint Secretary to Government of India 0ffice located., As per MSCS Act 1984.
  22. 22. Hence Ringing the Bell of Your Lordship for Justice., as being executive head of this India. Contemporary Examples“kleptocracy”. Indeed, a condition of rampant, endemic political corruption is known as a “kleptocracy”—literally, “rule by thieves.” "rule by a class of thieves," 1819, originallyin reference to Spain; see kleptomania + -cracy. It is widely understood that corruption is a pervasive problem in many societies and undermines public confidence in the political system and government institutions. The scourge of corruption is generally viewed as a symptom of a larger problem of the failure of judicial, media, and other institutions of accountability in new or developing democracies. In kleptocracies, which is the term used to designate “government by thieves,” corruption is the lifeblood of the system and therefore the heart of the problem. Kleptocracies are generally associated with dictatorships, oligarchies, military juntas, or other forms of autocratic and nepotist governments in which external oversight is impossible or does not exist. This lack of oversight can be caused or exacerbated by the ability of the kleptocratic officials to control both the supply of public funds and the means of disbursal for those funds. Kleptocratic rulers often treat their country's treasury as a source of personal wealth, spending funds on luxury goods and extravagances as they see fit. Many kleptocratic rulers secretly transfer public funds into hidden personal numbered bank accounts in foreign countries to provide for themselves if removed from power.
  23. 23. Kleptocracy is most common in developing countries whose economies are based on the export of natural resources. Such export incomes constitute a form of economic rent and are easier to siphon off without causing the income to decrease. A specific case of kleptocracy is Raubwirtschaft, German for "plunder economy" or "rapine economy", where the whole economy of the state is based on robbery, looting and plundering the conquered territories. Such states are either in continuous warfare with their neighbours or they simply milk up their subjects as long as they have any taxable assets. Such rapine- based economies were commonplace in the past before the rise of Capitalism. Arnold Toynbee has claimed the Roman Empire was basically a Raubwirtschaft. Effects The effects of a kleptocratic regime or government on a nation are typically adverse in regards to the welfare of the state's economy, political affairs and civil rights. Kleptocratic governance typically ruins prospects of foreign investment and drastically weakens the domestic market and cross-border trade. As kleptocracies often embezzle money from their citizens by misusing funds derived from tax payments, or engage heavily in money laundering schemes, they tend to heavily degrade quality of life for citizens.[citation needed] In addition, the money that kleptocrats steal is diverted from funds projects and earmarked for public amenities such as the building of hospitals, schools, roads, parks – having further adverse effects on the quality of life of citizens. The informal oligarchy that results from a kleptocratic elite subverts
  24. 24. democracy (or any other political format)Stage Hands: How Western Enablers Facilitate Kleptocracts,Oliver Bullough explains the three-stage process by which kleptocrats hide, transfer and legitimize their stolen wealth. It is widely understood that corruption is a pervasive problem in many societies and undermines public confidence in the political system and government institutions. The scourge of corruption is generally viewed as a symptom of a larger problem of the failure of judicial, media, and other institutions of accountability in new or developing democracies. In kleptocracies, which is the term used to designate “government by thieves,” corruption is the lifeblood of the system and therefore the heart of the problem. See, Federal Judiciary Oaths. In the United States, federal judges are required to take two oaths. The first oath is this: I, (name), do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as (office) under the Constitution and laws of the United States. [So help me God.][71] The second is the same oath that members of Congress take: I, (name), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and
  25. 25. faithfully discharge the duties of the office on which I am about to enter. [So help me God.] Federal statute specifically says that the latter oath "does not affect other oaths required by law." The constitution of the Republic of India (Articles53, 74(2), 79 & 111) gave the President the responsibility and authority to defend and protect the constitution of India and its rule of law.[10] Invariably, any action taken by the executive or legislature entities of the constitution shall become law only after President's assent. The president shall not accept any actions of the executive or legislature which are unconstitutional. The president is the foremost, most empowered and prompt defender of the constitution (article 60), who has pre-emptive power for ensuring constitutionality in the actions of the executive or legislature. The role of the judiciary in upholding the constitution of India is the second line of defence in nullifying any unconstitutional actions of the executive and legislative entities of the Indian Union. United States Uniformed Services Oath of Office.America.
  26. 26. State and Local Oaths The oaths of state and local officials are largely patterned on the federal oath of constitutional allegiance. Typical would be the oath taken by all New York government officials: I solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of New York, (and the Charter of the City of New York, e.g.), and that I will faithfully discharge the duties of the office of (mayor of the City of New York, e.g.) to the best of my ability. (So help me God is traditionally added.) Tennessee (county offices) All elected county officials and the appointed officers such as clerk and master, and deputies to these officers, are required to take an oath of office which actually consists of two oaths: the constitutional oath, and an oath for the particular office or fidelity oath (Tenn. Const. Art. X,Sec. 1). The following is combination fidelity and constitutional oath: I do solemnly swear that I will perform with fidelity the duties of the office to which I have been elected, and which I am about to assume. I do solemnly swear to support the constitutions of Tennessee and the United States and to faithfully perform the duties of the office of ____________ for ____________ County , Tennessee.[74] The simple constitutional oath and fidelity oath are taken by persons who do not have a more specific oath prescribed by law (T.C.A. § 8-18-111). This basic oath is used upon entering the
  27. 27. following offices: County Executive/Mayor County Clerk (or deputy county clerk by substituting the word "appointed" for "elected") County Register (or deputy register by substituting the word "appointed" for "elected") Chief administrative officer of the county highway department County commissioners may use the same basic oath as noted above, but phrased as follows: I do solemnly swear that I will perform with fidelity the duties of the office to which I have been elected, and which I am about to assume. I do solemnly swear to support the constitutions of Tennessee and the United States and to faithfully perform the duties of the office of county commissioner representing the ____________ district of ____________ County , Tennessee.[74] Clerks of court, deputy clerks of court, sheriffs, deputy sheriffs, assessors of property and deputy assessors, constables with law enforcement powers, constables without law enforcement powers, general sessions court judges, and school board members in Tennessee all have specific variationsof their oaths of office. ETHICS AND CODES OF CONDUCT AS TOOLS FOR PROMOTING AN ETHICAL AND PROFESSIONAL PUBLIC SERVICE: OATHS ACT 1969 .And Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219.
  28. 28. In this context I humbly request honorable president of India direct to all concerned, The oaths of Central/state and local officials are largely patterned on the federal oath of constitutional allegiance officials(Gazetted and non Gazetted and the appointed officers such as clerk and master, and deputies to these officers, are required to take an oath of office which actually consists of two oaths: the constitutional oath, and an oath for the particular office or fidelity oath I do solemnly swear that I will perform with fidelity the duties of the office to which I have been appointed, and which I am about to assume. I do solemnly swear to support the constitution and state laws to faithfully perform the duties of the office of ____________ for ____________, The simple constitutionaloath and fidelity oath are taken by persons who do not have a more specific oath prescribed by law Thisbasic oath is used upon entering the following offices: Executive/ Clerk by substituting the word "appointed"for "by the department.Clerks of court, deputy clerks of court, sheriffs, deputy sheriffs, assessors of property and deputy assessors, constables with law enforcement powers, constables without law enforcement powers, general sessions court judges, all have specific variationsof their oaths of office.
  29. 29. Petition ,Brief case history., Already centuries ago in the Chinese Empire was used one way which anyone could communicate with Emperor. This method has gradually spread throughout the world and so we can find the word "petition" in our dictionary today. Petition worked as a link between emperor and his empire. It did not matter if petition was wrote by a simple peasant, scholar, or wealthy burgher. More important was content, because the validity and importance of the problem to which warned decide whether the petition gets to the ears of the emperor. And it is no wonder that the petitions were heard by especially those that pointed to corruption and wickedness in government and among local officials. In modern times, the importance of petitions is different because of different forms of governments that recognize the individual states. The greatest weight has, of course, where is enshrined democracy and human voice means something. It is therefore not surprising that the bastion of the petition include America, but also some European countries. What was in fact does not change, the petition itself. Always contains the communication, requirement, or problem. The petition is writen by author, sometimes more, he or they representing her and allows everyone who agrees with her
  30. 30. that was signed by this agreement. And of course, the number of signatures shows that this is the opinion of the people, specific groups or disgruntled individuals. But always speaks of one's discontent and therefore the representatives of the State to address it, because in a democratic society everyone has the same rights and everyone must be well thought of. So it does not matter who wrote the petition if you agree with he/ her . The complainant is Sri. S. Bhale Rao, I.A.S. Principal Secretary to Govt. (Agril. Coopn.) Registrar of Cooperative Societies (F.A.C) A.P. Hyderabad lr. Rc.No. 23260/UB Dated; 25-2-2002 in which it is specificallymentioned that irregularities pointed out by R.BI inspection report through made investigation be conducted and cases booked against the guilty and also disclosed the names of the Board of directors and M.D of the bank The CBCID officershave made investigation against the Cooperative Auditors instead of Administrative side those are responsible for collapse the bank and the R.B.I officers who have looked in to the administration of the bank every day. The Coop. Department Auditors will enter in to bank after closer of the transaction for the year ended with. 31-3- of every year and technically liable for procedure described by the department. Coop. Audit manual, circularsetc; and the department auditors will enter into the bank after 13 to 14 months of the closer of the transaction of the bank. Hence the
  31. 31. probable cause started when the police obstructed the Govt, servant duties and arrest, framingof charges tantamount to police atrocities, police forced law, police gaming since 1860 in India and offended with cruelty of the police, submitting Petition FOR GRAVE IN JUSTICE CAUSED BY INVOKING UNLAWFUL ACTS OF earest while AP. STATE CBCID Officers started with. “There are three standards of proof: “a preponderance”, “clear and convincing” and “beyond a reasonable doubt”. The middle course, in our opinion, makes a proper balance between the rights of the accused on one hand and public interest and rights of the victim on the other. This standard is just, fair and reasonable. Safety lies in the fact that the accused is assisted by a lawyer and the Judge is required to give reasons for his findings. This will promote public confidence and contribute to better quality of justice to victims.” Sri. Beemsen Vs J&K case honorable supreme court of India ordered for compensation of one crore. Police duties in cc 6 of 2002. • Gathering Evidence ;-. What is police duties in India. Law functionary must act on Law instead of saluting to the Masters. They have got power to impose Eight degrees and the two are managing the P.P. in the court hall and in the chamber with something, so P.P. will certainly go to police side, and Managing the judge with something ie. Getting promotion , and indirect bribing( sri. Janardhan reddy
  32. 32. case is best example that CBI Trapped the Judge.) 1861 police Act , police Manuel ,Constitution article 311. Example.; Brutality., well planned to discard my financial position that is stop Salary allowances other benefits since 2002 onwards , pension, sonority, pay fixation, leave salary, Haftha Mamool, Manipulating evidence , Delay tactics , Managing the court with tricks , MSJ court to transfer case to Ist addl. Msj court, Supreme court refused to entertain the case because of not giving notice to the accused ,gaming of law, Harassment, WWW.No consultation with the department, overriding the executive decision, overriding the government decision, speedy trail , No charges fixed till date etc.; This can be proved in the trial court , or before your honesty being a Judiciary Head of this India. When a crime occurs, police are called to the scene to begin the investigation. They survey the area and surrounding environs to get a sense of what occurred., and also meet the CC and RCS AP Hyderabad for obtaining evidences. Police investigators begin to collect any objects or articles that may be relevant to the crime. These include finger prints, blood evidence and other samples of bodily fluids that contain DNA. They use their experience and instincts to determine which items are significant and make sure that collected evidence is properly packaged so it is not contaminated. Police investigators make sure that any forensic evidence that requires processing is sent to the lab and stay in contact with forensic scientists and technicians until results are
  33. 33. available. The final Audit for the year 2000-2001 conducted i.e. period of audit is 2000-2001 from 1-4-2000 to 31-3-2001 transaction will be examined by the auditors on posting under F.R. 127, Fundamental Rules of the state and central governments, deputation terms and conditions described . CRPC197, APCSACT 1964, MSCSACT 1984, Banking Regulation Act 1949,Limitation act 1963, Evidence Act 1872 ,Crpc,IPC, Etc; Interviewing Witnesses; Interviewing witnesses is a crucial element of police investigative procedure. Investigators typically begin by interviewing witnesses who are at the scene to determine if they saw the crime in progress or can provide other information that may lead to possible suspects. Investigators then speak with the victims, the victims' family, friends, co- workers and neighbors to uncover information pertinent to the investigation. They may also go door-to-door in the surrounding neighborhood to see if anyone observed suspicious activity or persons in the days preceding the crime that may shed light on the investigation. On issue of Memo of the senior team Leader, Conducted vouching from 30-4-2001 to 27-9-2001 of the branches of the bank (8) (22braches ) and submitted fortnightly tour diaries and working sheets to the DCAO Hyd(U) dist for final disposal of accounts of the bank took place to give financial and administrative status position of the bank with previous
  34. 34. audit report balance sheet transaction that is + or – figures arrived and defects, if any, to the officer concerned and will test audit random check will be taken by the audit officer and after satisfaction will submit to the chief auditor of the commissioner office and in chief auditor office will again examine with previous audit report on the status of the bank, position and after final arrival concluding the overall position of the bank will issue final audit certificate prescribed under law in APCS ACT sec 50 or report the factual position to the central registrar under multistate coop. societies act 1984and getting confirmation will issue audit certificate. In this context it is to submit that While posting me in the bank as Auditor, the Charminar Coop. Urban Bank is in APCS Act but after the Bank was converted to MSCS(Multi state Cooperative Societies) Act by Shri k.s.Bhoria Joint Secretary to Government of India and Central Registrar of Coop. Societies Department of Agriculture and cooperation Certification of Registration No. L-11016/2/2001-L&M Dated;-6-7-2001 Under Section 9 of the Multi state Cooperative Societies Act 1984(5) of 1984 with the Registration of the Amendment to byelaw ,the area of operation of the society shall be confined to the limits of twin cities of Hyderabad and Secundrabad Nizambad and Mahabboob Nagar Districts of Andhra Pradesh and Municipal limits of Mumbai ,Maharastra State there by rendering it as Multi State Cooperative Society, as per Section 18 (5)(b)of the Multi State Cooperative Societies Act,
  35. 35. 1984the Society is Assigned new registration number MSCS/CR/130/2001 this was intentionally hidden by the prosecution. The gospel truth of police supporting by their masters.6-7-2001 to 9-11-2002 in MSCS Act 1984. Record Examination. Police investigators also use records and other stored information to investigate cases. They check if a suspect has a prior police record that relates to the current case. Police investigators also use car records to track suspicious vehicles that were in the vicinity of a crime and study property records to determine if other locations should be searched for evidence. They study the victims' and suspects' financial records to uncover a possible motive for a crime. CRPC197, APCSACT 1964, MSCSACT 1984, Banking Regulation Act 1949,Limitation act 1963, Crpc,IPC, Etc;Made Search in my rental house. And arrived that how your are working in the department since last 25 years without bribe or handful of articles ,lands Residing in a Rented house etc; I said Iam not a beggar. interrogating Suspects. Once police investigators identify a suspect, they interrogate the subject in the hopes of eliciting a confession. Interrogation requires a great deal of skill, but investigators must also have sharp instincts and be able to read suspects. Police investigators usually begin by trying to establish a
  36. 36. rapport with the suspect, so a sense of trust is developed. They observe the subject for any displays of body language that reveal deception or guilt. When investigators believe that a suspect is close to a confession, they may become more aggressive. In some cases, police investigators bluff about the evidence that they have gathered to make a suspect more willing to confess. They have asked about my basic pay of RS 9300/- and the judge and DSP compared to their basic pay of RS 8000/- 1861 police Act , police Manual ,Constitution article 12,13,14,15,21,22,19, 226 Cause of action 25-2-2002 this fact informed to my CC& RCS AP HYD, after knowing the game of law to set right the wrong, planned to re -registrar in APCS Act 1964 on 9-11-2002 by numbering 1/ubs 2002 dated 9-11-2002 within a day. G.O.M.S. No436A&C (Coop.-III) Department Dated;-9-11- 2002.Revarsal and Registration under APCSAct 1964 And withdrawn my deputation post on 18-11-2001 itself.And till date Audit Certificate was not issued by the Chief Auditor of C.S.under sec.50 of the APCS Act 1964. who is competent authority and the CC& RCS declared that the Audit conducted by the auditors is a preliminary report and there is no sanctity or statute. The Principal Secretary to Govt andCC& RCS (FAC) is also not competent to make a complaint as per law , as the Central Registrar has not delegated powers to State Registrar. The gospel truth of police supporting by their masters.( All are not like Sri LaxminarayaGaru IG on deputing to CBI) I have also
  37. 37. requested CBI for take-up the case but refused. The police can sale the country land ,people etc for WWWs to others if My supreme court will not control the lower courts in India. Completion of Investigation. As soon as investigation is complete, according to Sec 173 (2) of Cr. P.C, the Officer –In – Charge of the Police Station shall forward to a Magistrate empowered to take cognizance of the offence on a Police Report, a Report in the form prescribed by the concerned Sate Government. , and further investigation report, if any. However, the Report should contain accompaniments which are required to be submitted under Sec 173(5) Cr.P.C, (Matchumari Venkatarreddy V. State of Andhra Pradesh, 1994 Cri L J 257). Cognizance and Dismissal of a Complaint or Discharge of the acussed. On receipt of a Police Report, the Magistrate may (must) take cognizance, and shall decide, as per Sec 190(1) (b) Cr. P.C, or proceed as per alternatives available with him under Cr.P.C. If there is no sufficient ground for proceeding, Magistrate shall dismiss the complaint, as per Sec 203 of Cr.P.C, and shall briefly record his reasoning. Whereas in charge-sheeted case, upon consideration of the record of the cases and the documents submitted, and after submission of the accused and by the prosecution, if the judge consider that there is no sufficient ground for proceeding, judge can discharge the accused u/s 227 of Cr. P.C; or to proceed for framing charges as pr Sec 228 Cr. P.C.In State of Bihar v. P.P. Sharma, 1992 (I) SCC 222: (1991 AIR SCW 1034), Supreme Court had ruled that
  38. 38. writ petition should not be entertained against charge- sheet while exercising jurisdiction. If the matter is considered on merits in the guise of prima facie evidence, it would amount to a pre-trial. To the same effect are the following rulings: WHAT IS A JUDICIAL FUNCTION.A judicial function by any authority presupposes an existing dispute between two or more parties, and it has four requisites: (1) The presentation (not necessarily oral) of their case by both parties to the dispute; (2) If the dispute is a question of fact, the authority must ascertain the fact by means of evidence produced by the parties, with the assistance of argument by (or on behalf of) the parties based on such evidence; 3) If the dispute between them is a question of law, the submission of legal argument by the parties; (4) A decision which disposes of the whole matter by finding upon the facts in dispute and ‘an application of the law of the land to the facts found, including, where required, a ruling upon any disputed question of law.’ Where the above four elements are present, the decision is a judicial decision even though it might have been made by any authority other than a court, e.g. by Minister, Board, Executive Authority, Administrative Officer or Administrative Tribunal. discretion) which are unknown to
  39. 39. an ordinary court of law. The Maha High court observed that;- There are many authorities in India and in each state, where the complainant can himself file the complaint without the aid of a lawyer. They are not courts. The orders of these bodies are typically passed in a shorter time as compared to the judiciary, i.e. the courts. If people are not satisfied, the aggrieved parties can appeal in High Courts. We need to know what their lawful powers are while conducting hearings, following various procedures for ascertaining facts and giving orders. (As I live in Mumbai and work with a focus on Maharashtra, readers may find that there is extra emphasis on Maharashtra. However, these points are relevant to all states of India.) Fair and objective criticism of courts will not amount to contempt.Constitution Art 129. The Supreme Court in Madhavrao Jiwajirao Scindia & Others v. Sambhajirao Chandrojirao Angre & Others (1988) 1 SCC 692 observed in as under: “The legal position is well settled that when a prosecution at the initial stage is asked to be quashed, the test to be applied by the court is as to whether the uncontroverted allegations as made prima facie establish the offence. It is also for the court to take into consideration any special features which appear in a particular case to consider whether it is expedient and in the interest of justice to permit a prosecution to continue. This is so on the basis that the court cannot be utilized for any oblique purpose and where in the opinion of the court chances of an
  40. 40. ultimate conviction is bleak and, therefore, no useful purpose is likely to be served by allowing a criminal prosecution to continue, the court may while taking into consideration the special facts of a case also quash the proceeding even though it may be at a preliminary stage”. Dr. Subramaniam Swamy vs. Director, CBI & Ors., are also relevant”. The sum and substance of these orders is that the CBI and other Governmental agencies had not carried out their public duty to investigate the offences disclosed; that none stands above the law so that an alleged offence by him is not required to be investigated; that we would monitor the investigations, in the sense that we would do what we permissibly could to see that the sense that we would do what we permissibly could to see that the investigations progressed while yet ensuring that we did not direct or channel those investigations or in any other manner prejudice the right of those who might be accused to a full and fair trial. We made it clear that the task of the monitoring court would and the moment a charge-sheet was filed in respect of a particular investigation and that the ordinary processes of the law would then take over. Having regard to the direction in which the investigations were leading, we found it necessary to direct the CBI not to report the progress of the investigations to the person occupying the highest office in the political executive this was done to eliminate any impression of bias or lack of fairness or objectivity and to maintain the credibility of the investigations. In short, the procedure adopted was of "continuing mandamus."
  41. 41. The "rights of man" enumerated in the English Bill of Rights gradually were proclaimed beyond the boundaries of England,notably in the American Declaration of Independence of 1776 and in the French Declaration of the Rights of Man in 1789. Freedom of information legislation is important for accountability and transparency. The Indian Right to Information Act "has already engendered mass movements in the country that is bringing the lethargic, often corrupt bureaucracy to its knees and changing power equations completely.The democratic system also provides a way to replaceinefficient leaders and policies. Thus, problems may continue longer and crises of all kinds may be more common in autocracies. Parliament States LAMP Laws of India. JUDICIAL REVIEW IN THE INDIAN CONTEXT.The Constitution of India contains specific provisions. under Articles 32, 226 and 227 enabling the Supreme Court and the High Courts to grant any writs named therein for the enforcement of the fundamental rights or for any other purpose. Indian Constitutions one of the few constitutions in the world that had given the power of judicial review to the higher courts by making specific provisions with so much of clarity and in unambiguous and express terms. Even in the written Constitution of the United States, where the power of judicial review of both executive and legislative acts had grown to disproportionate dimensions, there is no express provision for the power of judicial review of the higher
  42. 42. courts. When compared to England and the United States, in India the growth and development of judicial review as a formidable constitutional doctrine was a natural consequence flowing from the written Constitution with specific provisions of judicial review. In India the doctrine has been accepted and approved as one of the basic features of the Constitutional. How far the framers of the Constitution have envisaged the scope and ambit of this power, when they engraved it in the Constitution, is not evident from the discussions and debate in the Constituent Assembly. But, it has to be noted that the developments on this line in the public law in U.S., that has already established the institution of judicial review as a powerful tool to control maladministration and abuse of public power, must not have missed the attention of our constitution makers, who had scanned the other constitutions of the world to follow and included their better features in the Indian Constitution. Therefore, it is hard to believe that the Indian constitution makers did not envisage the possible future reconvicts between judiciary and the other two limbs of the State in growing pluralistic democracy like India. It is surprising that when some other Articles which are comparatively of lesser importance had attracted elaborate debates anthem Constituent Assembly, Articles 226, 227 and 32 have drawn only very little attention in the debates despite their vast potential for judicial supremacy over the other two organs of the state in future. It may be presumed
  43. 43. that the framers of the constitution have not either applied their mind so deep as to forecast possible or eventual conflicts between the judiciary and the other two organs of the state, or that the constitution makers themselves wanted and envisaged the judiciary to be the final arbiter of all disputes of whatever nature arising in the Republic. It is worthwhile to note the observation of the Parliamentary Joint Committee in their report in this connection, But it was further clarified by the Court”:Procedure established by the law but not dueprocess. But outside the limitations imposed on the legislative powers, our Parliament and the State Legislatures are supreme in their respective legislative fields and the Court has no authority to question the wisdom or policy of the law duly made by the appropriate Legislature. Our Constitution, unlike the English Constitution, recognizes the Court’s supremacy over the legislative authority, -but such supremacy is a very limited one, for it is confined to the field where the legislative power is circumscribed by limitations put upon it by the Constitution itself. Within this restricted field the Court may, on a scrutiny of the law made by the Legislature, declare it void if it is found to have transgressed the constitutional limitations. But judges are of the opinion that if a accused request for look in to ,Acts and rules passed by the legislature/constitutional articles he/they are directing to go to Supreme court of India .Trial court is the
  44. 44. first court to look after every provisions of the law of the land to establish case against the accused it is a fundamental duty of the judge but they utterly failed to discharge functions of the public duty. Law enforcement officers coming and Eating the public money towards salaries and allowances and run away from the seen without taking action on this particular case and 14 years goneout, State and Central Govts silent ,who will bell the animal existance.Is there any chance to punish the law enforcement officers or to salute their action. That means that any time you hire an Hyderabad lawyer, he already is in a conflict of interest. He has to make the judge happy first. And if the judge wants to make the government happy, or make somebody else happy who is paying a big bribe, then guess what? You are destroyed. It doesn't matter what you paid the lawyer. He works for the judge, first and foremost. So a totally unique factor in India legal corruption at lower level(except SC Court) is the amazingly dishonest profession of Indian lawyers, these lawyers who "play the game" with judges and politicians and police. It is a savage culture of legal fraud, where lawyers work with judges to rob and terrify people, especially minorities, but also foreigners, and above all those who dare to question the system. People accused of serious crimes have the "right" to a lawyer, but this may mean only a crooked lawyer who is stage-managing the victim to help the government and prosecutors. If the lawyer does not help the government, he can be put out of work and not "assigned" to any more cases, or treated
  45. 45. badly the next time he is in a courtroom. This legal fraud is the core of the danger to those who visit the state of AP. A lawyer who is "representing" you in the AP whether the government is paying him, or even if you are paying him yourself, may just be a stooge who is helping the prosecutors to put you in jail, even though you are innocent. The judges of AP gave every accused criminal the "right" to a lawyer, not because they cared about the rights of the accused, but because it helps stage-manage the victim, with a lawyer who has to do things the judge's way. In , such government-appointed lawyers are the means by which hundreds of thousands of poor people are railroaded into prison. Some of these people were just foreign tourists, in the wrong place at the wrong time, and wound up rotting in an Hyderabad prison. Some lawyers are fairly subtle about it, and their victims never realize the lawyer has sold them out to the judge and the government. Most Hyderabad court cases never go to trial, never see a jury; it is the job of the victim's lawyer to "sell the deal" that the judge has decided will happen, or else. This is how people accept a "plea bargain" so they accept going to jail, even though they are innocent, instead of going to trial before a jury. Because of the corruption of lawyers under the thumb of the judges, there's a very fake and phony aspect of court proceedings in AP. They are really fake "show trials" in many cases, sometimes very obviously so, where both purported "sides" of lawyers are actually working together for the government, or for the big corporation or rich person that is bribing the judge.Nearly all bribes are given to the judges by lawyers; this is considered the safe way to bribe
  46. 46. a judge. Bribery is rarely spoken about, just understood. Rich people pay huge amounts of money to law firms with connections, the lawyers walk around with a certain amount of cash in their jacket, and they pass it to the judges in their quiet moments together. It is mostly all cash of course. Sometimes the bribery is blatantly obvious, because of the other crimes that lawyers and judges commit in broad daylight together. In the courtrooms you can see the judges being extremely friendly to their rich lawyer friends who pay big bribes.The judge may declare, for example, that the evidence that proves you are innocent or right, will not be allowed at the trial.. Most cases are settled through some deal or extortion or intimidation, before there is an actual trial. If there is a jury trial, they tend to stack the jury with un-educated idiots who will tend to believe whatever lies they are told by the judge and the government. If you are trying to fight a rich person in court, the judge might let the fancy lawyers for the rich person say anything they want, while he tells you to shut up as soon as you start talking. The judges have a thousand ways to rig a legal proceeding, to benefit rich people or the government. It's no wonder so many innocent people go to prison. With the fundamental brutality and harshness of life in AP citizens are confused and fearful, and gullible to propaganda. So, a jury in a courtroom, these people who tend to be poorly educated, will tend to go along with any lies presented by government prosecutors. In this environment of fear, the feeling of safety for the jury, comes from following the "strong" government in sending various "suspected criminals" to jail.Yes, there are appeals
  47. 47. courts, but these are just more judges, who are often friends with the lower court judge who originally sold you out. The appeals judges tend to go along with the lower court judge, unless you have suddenly acquired some politically powerful backing on your side. today, reporters are little timid people who are afraid of getting fired, and who almost never write a story on government corruption, unless some other part of the government is officially investigating or prosecuting. That goes triple when judges or lawyers are involved. The owners of the newspapers and television stations are afraid of revenge by the judges if they have to go to court, and the nervous little reporters who work for them understand the rules of the game. If you look closely at a modern newspaper or news magazine in the India, you will see how almost all stories originate with the government itself. When the media "investigates", they are usually just adding more details on a situation already being targeted by the government. Every news media and television station in AP is swamped with people begging them to report on stories, that they totally refuse to cover. The reporters are too scared, and they know the stories wouldn't get printed or broadcast even if they were writtenI have send letters to the news papers, is the land of fear, as regards the legal system and the culture of corruption. Everyone involved with the Hyderabad legal system is afraid, very afraid, of stepping on the wrong toes. Even judges themselves get driven out of office, if they don't participate in the bribery culture.In reality, there is almost nothing you can do against misconduct, and even open felony crime, committed against you by judges and
  48. 48. lawyers. All of the official complaint procedures you find on the internet, or at the courthouse or in the law books, turn out to be a joke, a farce and a fraud. Complaints about lawyers in , usually go to the "Bar", which is itself run by the senior Advocates member judges who are involved in bribery with the lawyers. And complaints about judges go to other judges, their friends. Nearly all the complaints about lawyers and judges - tens of thousands of them - are kept secret. Nearly all are dismissed or ignored. They are generally only used if the judges or politicians want to specially destroy someone - some radical minority lawyer, someone who is not playing the bribery game, somebody who has dared to expose wrongdoing. Otherwise, even criminal acts by lawyers and judges get a smiling cover-up. You will almost certainly not find any lawyers to help you sue another lawyer for wrongdoing. They are too scared of revenge by the judges. Even the lawyers who are broke and unemployed and desperate for work, are too scared to sue another lawyer. (Special caution: Lawyers may make false promises to you about suing another lawyer, cash your checks and steal your money, and then refuse to help you. And then you will have another lawyer who wronged you. The police and CBCID almost certainly will not help you, either. They all know the bribery game, and they rely on the same crooked judges to help send innocent people to prison after they have been arrested. The more crooked the judge, the more eager the judge will be, to help the police or CBCID do a dirty deal and convict an innocent person. And, of course, the newspapers and television and media won't help you. They hear stories like yours all
  49. 49. the time. If they publish or broadcast your story, then they will have problems the next time they get sued in court. Or they might find themselves arrested on false charges, and end up in an even worse situation than you.human rights and civil liberties groups, even though it looks, at first, like there are many such groups on the internet. Many such groups are just money-raising groups which don't help victims, or are tied to the two or more main political parties or some narrow agenda. They are all scared of the legal system, too, and there is no one with any significant funding or money, who is out there helping the victims of legal corruption. They can't find lawyers to help them, either. There are some overwhelmed and struggling projects here and there, doing worthy work for a few of the innocent people in prison, but they function in an environment of timidity and fear, and without the resources or clout or media access to expose or change what is happening. It's getting worse and worse in AP all the time. As the judges and lawyers can get away with committing crimes, they are getting more open and blatant, committing felony crimes in broad daylight, because they know no one will stop them or bring them to account. It is also important to know, that once you have started complaining about, or exposing, judicial and legal corruption in India, you become a kind of outlaw there. You are in a very dangerous situation, and you are considered fair game to be either arrested and jailed on false charges, or to be totally robbed and betrayed by lawyers. Once you have spoken out about legal corruption, you may find that no other lawyer will then help you for any reason, even if it is un-related to your
  50. 50. complaint about judicial wrongdoing. You may be trapped in a nightmare from which there is no escape unless you can leave altogether.The reason is that judges absolutely hate people who come to court without lawyers, especially if they have any money at all. The judge takes it as a personal insult if you are not giving some money to one of his lawyer friends, and will tend to take revenge on you unless you hire a lawyer, even a very stupid one, to stand by your side. What lawyers love to do, is to steal all your money, tell you a bunch of false promises and lies, and then do nothing for you, while they sell you out to the other side. That is a perfect scenario for an lawyer. A lawyer's goal is to squeeze as much money from you, while at the same time doing as little as possible to rock the judge's political boat. Some lawyers even make money by the "research and review" scam, where they don't even agree to represent you, but just steal your money to "research" your case.It is just getting worse and worse in legal system. For some years now, the judges and lawyers have gotten used to denying people justice, to the great flow of bribery money, and even to committing felony crimes in broad daylight and getting away with it. It just keeps on escalating. Though a social explosion is lurking beneath the surface - with judges starting to get murdered, and people lighting courthouses ablaze - the people who run AP are letting the current system chug along as it is, justice be damned, and to hell with the people who seem to have no way to fight back. It can't go on like this forever, but it may get a lot worse first, despite the fair internet visibility on documented legal
  51. 51. corruption. One should note a brave and promising grass- roots attempt at judicial reform in,.1961 Advocates Act,1926 Bar council Act,1968 Judges enquiry Act.Any judge needs promotion contact all India CBCID they will take the file to President of India office for clearance but do not have gutts to go to collegium. That the team leader has given a U.O. Note Rc.No. 1 /2001 – Audit dt. 30-04-2001 wherein I was entrusted with following branches vouching : Vouching of Debit and Credit Vouchers. (ii) Checking of scroll, day book / cash book (iii) Checking of posting of GL Loan Ledgers, R & P, P&L, B/s with the books of account (iv) Assisting of the time of finalization and any other work entrusted. Branches allotted (1) James sheet, (2) Nampally, (3) Mehdipatnam, (4) Ameerpet, (5) lalaguda, (6) Mahaboobnagar. In this context I am to submit that I have submitted the tour diaries every fortnight to the DCAO Hyderabad (U) District in which a day work turned out by me. AMEERPET
  52. 52. 30-04-2001 Ameerpet Branch vouching from 9- 10-2000 to 15-10-2000 01-05-2001 to 09-05-2001 Vouching from oct 2000 to 10-03- 2001. 16-05-2001 to 24-05-2001 Posting of Day book to GL Register LALAGUDA BRANCH 25-05-2001 to 31-0-5-2001 Vouching from 09-10-2000 to 13-12-2000 01-06-2001 to 1-1-2001 to 15-02-2001 02-06-2001 JAMES STREET BRANCH Vouching from 15-04-2001 to 29-04-2001 MAHABOOB NAGAR BRANCH 06-06-2001 & 07-06-2001 Vouching from 1-4-2001 to 30-04- 2000. 09-06-2001 Vouching from 16-02-2001 to 05-03-2001 11-06-2001 Attended review meeting at DCAO
  53. 53. Office JAMES STREET BRANCH 12-06-2001 Vouching from 30-04-2001 to 2-6- 2001 13-06-2001 LALAGUDA BRANCH 14-06-2001 Vouching from 06-03-2001 to 31- 03-2001 15-06-2001 Day book with GL upto December. LALAGUDA BRANCH 16-6-2001 to Day book to GL 18-06-2001 19-06-2001 to Vouching from 20-06-2001 to 3-11-2001 21-06-2001 MEHDIPATNAM BRANCH 21-06-2001 to Vouching from October, 2000 to 02-01-2001 24-06-2001 JAMES STREET BRACH 25-06-2001 Vouching from 4-7-2000 to August,
  54. 54. 2000 27-06-2001 MEHDIPATNAM BRANCH 28-6-2001 to Vouching February, 2001 to February, 2001 30-06-2001 GL posting from Oct to Dec 2000. MEHDIPATNAM BRANCH 2-7-2001 to 7-7-2001 GL Ledger posting with book 9-7-2001 Completed branch postings 10-07-2001 Attended review meeting at DCAO Office BHOLAKPUR BRANCH 11-07-2001 14-07-2001 Vouching upto July 2001 16-07-2001 to 31-07-2001 Vouching & GL posting with day book. NAMPALLY BRANCH 1-8-2001 to 15-8-2001 Vouching from April 2000 to Feb 2001. 16-8-2001 to 31-08-2001 Vouching and posting of GL with Day Book.
  55. 55. NAMPALLY BRANCH & BHOLAKPUR BRANCH 1-9-2001 to 15-9-2001 posting of GL with Day Book 16-9-2001 to 25-9-2001 posting of GL with Day Book And I was submitted the defects pointed out in vouching and checking to the authorities.. IX;-degree of judicial police is controlling the case with malafide intension not to go to trial since last 14 years and the P.P. and judges supporting the constables with their power of authority. It is not out of place to mention here that my grand mother told me that there is a justice department in India they may ask yes or no and decide the case .,Is the judiciary handed over trail to constables, If so the politicians can sale this country to other country corporate politicians. I am not going to say Jee huzoor bancha kalmoktha to any body. Further that the provisions of the Constitution and the Code of Criminal Procedure are not being observed by the courts then the question of judiciary standards and accountability come in to force. For this purpose a procedure must be devised for registrationby the parliament and state assemblies. Honourable public prosecutor has demanded Rs 10,00,000/- for all India Bail to me and also told me that this amount will be distributed among the all concerned. The DSP has told that he will file the charge sheet later on ,first you remand him, I said Iam a Govt. Servant then asked about my basic pay it isRs
  56. 56. 9200/- the DSP and The Judge compared their Basic pay with my basic pay which is RS8000/-each, requested for bail and submitted written bail papers ,(personal surety allowed by Sc in Virjlal v )the judge asked for taking a lawyer but I refused and asked for check up ,refused , I felt that it is a open court and spoken loudly for bail and medical checkup and also informed that my sons are studying Engineering ,you can murder me with police gun but before you give me bail, then has directed to see the public prosecutor, in turn has demanded RS10,00,000/- for bail, I said I do not have single pie, then has given a chance of acceptance orally so that constables will collect. I refused and the judge shouted to take pleader service, I said no ,having knowledge on the law and due to non withdrawal of post I am in Central Government duty as for as FR 127 terms of the Govt. The Judge has issued remand proceedings, at that juncture my Asst.Registrar of Coop. Societies have came to the court and heard the foul law have handed over some money to go to jail,with that along with HC gone in a Auto and Paid Rs 28/- and entered after one hour I got all India Chest pain and fell down , the doctor has came and saw my position has shifted to jail hospital. That is police law with a executive of the state. Section 24 of Cr.P.C deals with ‘ Public Prosecutors’: Section 24 of the CrPC says as to appointment of public prosecutors in the High Courts and the district by the central government or state government. Sub-section 3 says down that for every district, the state government shall appoint a public prosecutor and may also appoint one or
  57. 57. more additional public prosecutors for the district. Sub- section 4 requires the district magistrate to prepare a panel of names of persons considered fit for such appointment, in consultation with the sessions judge. Sub-section 5 explains an embargo against appointment of any person as the public prosecutor or additional public prosecutor in the district by the state government unless his name appears in the panel prepared under sub-section 4. Sub-section 6 provides for such appointment wherein a state has a local cadre of prosecuting officers, but if no suitable person is available in such cadre, then the appointment has to be made from the panel prepared under subsection 4. Subsection 4 says that a person shall be eligible for such appointment only after he has been in practice as an advocate for not less than seven years. A public prosecutor is appointed under Sec of CrPC to conduct prosecutions, appeals or other proceedings in the court. He has also the power to withdraw a case with court’s consent. He is an officer of the court and is not involved in investigation. Investigation and prosecution are two different facets in the administration of criminal justice. The role of a public prosecutor is inside the court whereas investigation is outside it. Involving the public prosecutor in investigation is not only injudicious but is also pernicious in law. There is no
  58. 58. stage during which the investigating officer is obliged to take the opinion of a public prosecutor or any other authority. The judge ruled that as investigation into complaints alleging commission of cognizable offences is in the exclusive domain of the investigating officer, he is not justified in seeking the legal opinion of the public prosecutor on whether or not the evidence collected during the course of investigation justifies filing of a charge sheet. “Within limits no judge and no Supreme Court can make itself a third chamber. No Supreme Court and no judiciary can stand in judgment over the sovereign will of Parliament representing the will of the entire community. If we go wrong. Being an officer of the court, the prosecutor is believed to represent the public interest and as such not to seek conviction of a party by hook or crook. The prosecutor is supposed to lead evidence favourable to the accused for the benefit of the court, not conceal it to secure a conviction. It is also believed that in a case of withdrawal of prosecution, if the prosecutor makes an independent decision to withdraw a case then the court should accept this and permit withdrawal under section 321 of the Criminal Procedure Code (CrPC). Section 24 of the CrPC provides for appointment of public prosecutors in the High Courts and the district by the central government or state government. Subsection 3 lays down that for every district, the state government shall
  59. 59. appoint a public prosecutor and may also appoint one or more additional public prosecutors for the district. Subsection 4 requires the district magistrate to prepare a panel of names of persons considered fit for such appointment, in consultation with the sessions judge. Subsection 5 contains an embargo against appointment of any person as the public prosecutor or additional public prosecutor in the district by the state government unless his name appears in the panel prepared under subsection 4. Subsection 6 provides for such appointment wherein a state has a local cadre of prosecuting officers, but if no suitable person is available in such cadre, then the appointment has to be made from the panel prepared under subsection 4. Subsection 4 says that a person shall be eligible for such appointment only after he has been in practice as an advocate for not less than seven years. Section 25 deals with the appointment of an assistant public prosecutor in the district for conducting prosecution in the courts of magistrate. In the case of a public prosecutor also known as district government counsel (criminal) there can be no doubt about the statutory element attached to such appointment by virtue of this provision in the CrPC 1973. The role of the public prosecutor. The present criminal justice system is based on the principle that any crime committed by an individual is a crime against the societal order. The prosecution and punishment for the
  60. 60. crime is therefore the responsibility of the state, and not that of the victim of the crime. It has been argued that this responsibility - where the state acts on behalf of the victims - limits the scope for vengeance and revenge. Such prosecution, on behalf of the state (and therefore society) is performed by a public prosecutor (PP) appointed by the State. The PP is required to play an impartial and neutral role and prosecute all persons who have been charge-sheeted by the police. However given the power-play discussed previously, and the vast political and economic forces that influence the government, it is obvious that the PP faces tremendous pressure, not only from the state but also powerful elites who attempt to influence the prosecution. Although the PP is appointed by the State, the prosecutor's sole aim is not seek a conviction. A number of court judgments have emphasized that the PP is a 'minister of justice' who should place before the court all evidence in the PP's possession, whether in favour of or against the accused. This is seen as proper prosecution, as opposed to single- minded persecution in seeking a conviction regardless of the evidence. The prosecution system in India; With 'law and justice' being a State subject, there is no uniformity in the structure of public prosecution in India. In a large number of States the boundary between the investigation agency and the prosecution is blurred. This
  61. 61. adversely affects the impartiality of the PP since the police could control the prosecution. In a few States where the prosecution is headed by a senior police officer, the boundary completely collapses. This system continues presently in Uttar Pradesh and Tamilnadu, despite doubts about its legality in light of a number of Supreme Court rulings as also the upcoming CrPC Amendments, 2005. Excerpts from relevant rulings; "the purpose of a criminal trial is not to support at all costs a theory but to investigate the offence and to determine the fault or innocence of the accused and the duty of the Public Prosecutor is to represent not the police but the Crown and his duty should be discharged by him fairly and fearlessly and with full sense of responsibility that attaches to his position." Patna High Court, Kunja Subidhi and anr. vs. Emperor (30 CrLJ 1929) " ... duty as a public prosecutor is not merely to secure the conviction of the accused at all costs but to place before the Court whatever evidence is in the possession of the prosecution, whether it be in favour of or against the accused and to leave the court to decide upon all such evidence, whether the accused had or had not committed the offence with which he stood charged." Oudh Chief Court, Ghirro and ors. vs. Emperor (34 CrLJ 1933)
  62. 62. "[it is] as much the duty of the prosecutor as of the court to ensure that full and material facts are brought on record so that there might not be miscarriage of justice." Supreme Court, Shakila Abdul Gafar Khan vs. Vasant Raghunath Dhobale, (2003) 7 SCC 749 "A public prosecutor is an important officer of the state government and is appointed by the state under the Cr.P.C. He is not a part of the investigating agency. He is an independent statutory authority." Supreme Court, Hitendra Vishnu Thakur v. State of Maharashtra (1994) 4 SCC 602 . "there can be no manner of doubt that the Parliament intended that Public Prosecutors should be free from the control of the Police Department." The relationship between the investigation, prosecution and the executive received the Supreme Court's attention in the Jain Hawala case (Vineet Narrain v. Union of India, 1998 (1) SCC 226). In this case the bureaucrat-politician-criminal nexus had used all means necessary to thwart the investigation and prosecution of corruption cases by the Central Bureau of Investigation. The Court monitored the progress of these cases and passed detailed directions on the functioning of various agencies involved and even warned the minister in charge to avoid interfering with the investigation and prosecution.
  63. 63. Political interference can also take a more direct form - ensuring withdrawal of cases. Under Section 321 CrPC the public prosecutor has the power to withdraw a case at any time before the judgement is pronounced. There is no clear indication in the CrPC however as to how this power is to be exercised. Case law has indicated that while the power to withdraw can be exercised by the PP only on the request of the State government or complainant, the decision whether to withdraw or not is only that of the PP and cannot be delegated to any other - including the State government. Prosecutors, police officers and defence lawyers however insist that in reality, the PP has no role in deciding on withdrawal of the case and it is the executive that decides on the withdrawal. Given the control of the executive over the security of the posts, it is obvious that the PP has little defence against the executive. An excellent example is the withdrawal of criminal charges in the Bhopal gas leak case. In that instance the Union of India arrived at a settlement with the Union Carbide Corporation under the aegis of the Chief Justice of India. It is unlikely that there was any independent 'application of mind' by the PP in charge of the criminal case before withdrawal from the prosecution. The role played by the executive in thwarting prosecution following communal violence situations too has raised concern. For instance, after the 1984 anti-sikh carnage in Delhi, the Congress government was unwilling to appoint
  64. 64. lawyers with integrity and experience to prosecute those cases. The role of the Shiv Sena-BJP government after the 1992-93 Bombay riots too is damning. Only cases registered against Muslim rioters proceeded at great speed with no witnesses turning hostile. In almost all other cases, especially those where policemen were charged, there was no interest amongst the prosecution and the executive. In one case where the former Commissioner of Police of Mumbai was the accused, the Magistrate pulled up the prosecutor on the ground that he was representing the prosecution and the accused at the same time. Bhagalpur case is also to be noted. Any doubt of executive interference was removed after cases relating to the 2002 genocide in Gujarat came up in courts in the State. While the Supreme Court has taken notice of some of the blatant irregularities in some of the cases, other cases from Gujarat are languishing. In the prominent Best Bakery case, the Supreme Court unprecedentedly ordered a retrial in Maharashtra virtually indicting the BJP government in Gujarat for interference in cases. Another area where the executive exerts influence on the PP is in filing appeals and revisions. Here again the PP is supposed to take direction from the executive and then apply an independent mind. However in practice the decision is taken completely by the executive with the PP only playing a forwarding role. Where the accused are part of the state machinery or in collaboration with it, these issues get further
  65. 65. magnified. The role of the prosecution in the future will be tested particularly in how it deals with such cases under pressure from the executive. There is no doubt however that a number of steps need to be taken before that to ensure that the prosecution service can even attempt to resist this pressure. This includes providing adequate facilities, fair appointments and ensuring job security. This, with greater autonomy from both the police and the executive will allow the prosecution to be more successful. This success must not however be measured in terms of convictions, but instead by observing whether an independent and autonomous prosecution can act to facilitate a culture of rights by ending impunity and initiating action against powerful sections of state and society that violate the law. In R K Jain's case (AIR 1980 SC 1510), the Hon’ble Supreme Court held quoting Shamsher Singh v. State of Punjab [(1974) 2 SCC 831), as regards the meaning and content of executive powers tends to treat the public prosecutor¡¦s office as executive. But the conclusions of some courts create doubt as to its exact nature. To the suggestion that the public prosecutor should be impartial (a judicial quality), the Kerala High Court equated the public prosecutor with any other counsel and responded thus: Every counsel appearing in a case before the court is expected to be fair and truthful. He must of course, champion the cause of his client as efficiently and effectively
  66. 66. as possible, but fairly truthfully. He is not expected to be impartial but only fair and truthful. [Aziz v. State of Kerala (1984) Cri. LJ 1060 (Ker)] In Thakur Ram vs. State of Bihar AIR 1996 SC 911, the Hon’ble Apex Court held: “Barring a few exceptions, in criminal matters the party who is treated as aggrieved party is the State which is the custodian of the social interests of the community at large and so it is for the State to take all steps necessary for bringing the person who has acted against the social interests of the community to book” The rationale behind the State undertaking prosecutions appears to be that no private person uses the legal apparatus to wreak private vengeance on anyone. In Vineet Narain vs Union of India, when the court focused that the CBI failed to investigate properly offence involving high political dignitaries. The Hon’ble Court emphased the need to ensure that ‘’ there are no arbitrary restrictions to the initiation of Investigations or launching of prosecutions’’. In Jitendra Kumar@ Ajju vs. State (NCT of Delhi) Crl. W.P. 216/99, Delhi High Court, it was observed that In the Criminal Justice System this role is performed by the Public Prosecutor on behalf of the State. The Public Prosecutor has been described as a Minister of Justice who plays a critical role in maintaining purity and impartiality in the field of administration of criminal justice.
  67. 67. In The Malimath Committee Report (2003), it is acknowledged that there is a crisis in the Indian Criminal Justice System. But its analysis of the crisis is disturbing. Rather than focusing on key issues that plague the Criminal Justice System, the Committee recommended changes that amounted to a complete departure from jurisprudential norms. In R K Jain v. State (AIR 1980 SC 1510), the Supreme Court sketched out the contours of the public prosecutor¡¦s power for withdrawal of cases. In Shonandan Paswan v. State of Bihar [(1987) 1 SCC 288] and in Mohd. Mumtaz v. Nandini Satpathy [1987 Cri. L.J. 778 (SC)], the Supreme Court ruled that the public prosecutor can withdraw a prosecution at any stage and that the only limitation is the requirement of the consent of the court. The Punjab & Haryana High Court in Krishan Singh Kundu v. State of Haryana [1989 Cri. LJ 1309 (P&H)] has ruled that the very idea of appointing a police officer to be in charge of a prosecution agency is abhorrent to the letter and spirit of sections 24 and 25 of the Code. In the same vein the ruling from the Supreme Court in SB Sahana v. State of Maharashtra [(1995) SCC (Cri) 787] found that irrespective of the executive or judicial nature of the office of the public prosecutor, it is certain that one expects impartiality and fairness from it in criminal prosecution. The Supreme Court in Mukul Dalal v. Union of India (1988 3 SCC 144) also
  68. 68. categorically ruled that the office of the public prosecutor is a public one and the primacy given to the public prosecutor under the scheme of the court has a social purpose. But the malpractice of some public prosecutors has eroded this value and purpose. Conclusion: The commission of a criminal act is commonly regarded as an offence against the State which to be dealt with by the Criminal Justice machinery of the State Executive. Therefore, on thorough considerations of the above material, it is crystal clear that it is not the duty of Public Prosecutors to quest conviction at all cost. Nor, is their duty to act as an avenging angle for the victim. On the contrary, their fundamental duty is to ensure that justice is delivered and in pursuance of this they should lay before the court all relevant evidence including the evidence that favours the accused. Corollary to this is the duty of a Public Prosecutor to bring to attention of the Court, any issue that the defense could have raised, but has failed to do. But, in doing so, they cannot act as if they are defending the victim, nor can they appear on behalf of the accused. When the Prosecutor acts in a manner as if she/he was defending the accused, then there is no fair trial. A Public Prosecutor is an independent entity from police and police cannot order her/him to conduct prosecution in a particular way. Police, politicians or any other extraneous party cannot influence her/his actions, including her/his discretion to decide withdrawal of
  69. 69. a case. The Public Prosecutor represents the State but not the police and can only be influenced by public interest. In pursuance of their duties, public prosecutors should not use improper methods calculated to produce wrongful convictions and she/he must discharge her/his functions in a scrupulously fair and honest way. A fortiori, a Public Prosecutor has the responsibility of a minister of justice and not simply that of an advocate Thomas Paine in his pamphlet Common Sense quoted, THE LAW IS KING. For as in absolute governments the King is law, so in free countries the law OUGHT to be King; and there ought to be no other. Rule of law can be traced back to Aristotle and has been championed by Roman jurists; medieval natural law thinkers; Enlightenment philosophers such as Hobbes, Locke, Rousseau, Montesquieu in their theory of social contracts and the American founders; German philosophers Kant, Hegel and the nineteenth century advocates of the rechtsstaat; and in this century such ideologically diverse figures as Hayek, Rawls, Scalia, Jiang Zemin and Lee Kuan Yew. The term Rule of Law is derived from the French phrase la principe de legalite(the principle of legality) which refers to a government based on principles of law and not of men. It also means that power should be exercised within the statutory ambit and purported exercise of it would not just be ultra vires, but in a true sense of term arbitrary.
  70. 70. According to A V Dicey whenever there is discretion there is room for arbitrariness. Even in the most autocratic form of ruling there is a legal framework according to which the government works. In a monarch this concept developed to control the power of arbitrary powers of the monarchs who claims to have divine powers. Same way in a democracy it ensures that the holders of public policy must be able to justify publicly that the exercise of powers is socially just and according to law. Presently, the concept has altered into a new corollary stating that the holders of public powers must be able to publicly justify that the exercise of power is legally valid and socially just. It is the present day modernized name for natural law. In jurisprudence, it was known as ‘jus naturale’ by the Romans, ‘law of god’ by the medievalists. Coming ahead in time, Rousseau, Hobbes and Locke called it ‘social contract’ or ‘natural law’. The modern man refers to it as ‘the rule of law’ Efforts to specify the meaning of the Rule of Law commonly appeal to values and purposes that the Rule of Law is thought to serve. First, the Rule of Law should protect against anarchy and the Hobbesi an war of all against all. Second, the Rule of Law should allow people to plan their affairs with reasonable confidence that they can know in advance the legal consequences of various actions. Third, the
  71. 71. Rule of Law should guarantee against at least some types of official arbitrariness. Dicey’s Concept Of Rule Of Law; In his book, the law and the constitution, published in the year 1885, Dicey attributed three meanings to the doctrine of rule of law: 1. Supremacy Of Law: It implies the absolute power of law, dominance and the supremacy of it. It is opposed to the influence of arbitrary power and wide discretionary power. In Dicey’s words, “wherever there is discretion, there is room for arbitrariness and that in a republic no less than under a monarchy discretionary authority on the part of the government must mean insecurity for legal freedom on the part of its subjects. 2. Equality Before The Law: The law administered should be the ordinary rule of law applicable to all the people equally irrespective of caste and creed or religion. This doctrine has been also included in the Indian Constitution in the form of Article 14. The excerpts of which can also be seen in Article 15. Dicey was of the view that, any encroachment on the jurisdiction of the courts and any restrictions on the subject’s unimpeded access to them are bound to jeopardize his rights. 3. Predominance Of Legal Spirit: The Constitution is not the source but the consequence of the rights of the individuals. Here, Dicey emphasized on the role of the courts. Without an