Vivek's legal notes

1. Insufficient/mismanaged staff 90K police force. 50K is reserved in special cell, PM cell, special projects, ministers etc. Only 40K remain to handle all the crime in delhi. Many of which gets further stuck in paperwork, courts etc. The real time to investigate or do actual work is very less. Further, connections, nepotism ensures that only special cases gets attention and whoever is asked to be proescuted, police will prepare chargesheet only against them. Think of 19000 pages of chargesheet made against 3 students (Kalita, narwal and asif) for Anti-CAA protests. The end result is general public does not get any justice. 2.  non-commissioned officers don't have defined career path. It takes 15 years to move from ASI to SI, I think. Due to lack of promotions, officers are not motivated to work. In contrast, IPS officers are eligible for 7 or more promotions in their career i.e. one promotion every ~3-4 years 3. Less pay to lower staff who do most of the work End result is high co...

Party Names: Pritpal Kaur vs State of Punjab Case Type: Instant Petition in P&H HC to direct police for CBI inv. u/s 376 Judgment Date: 16 March 2021 Judge Name - Harnaresh Singh Gill Relevant Sections: FIR for 376 complaint Judgment link: https://www.scconline.com/blog/post/2021/04/07/rape-allegation/ Advocates for respondent: Sh. Randhir Singh Thind (Deputy Advocate General, Punjab), Smt. Shubhra Singh (Additional Adv General, Haryana), Adv. Puru Gupta and Adv. A.S.Brar Adv for Petitioner: Adv. Rajesh Bhatheja What makes this case interesting is that HC put fine of 1 lac on petitioner who was putting false allegations on a person. The petitioner had paid 3 lacs in the past due to some dispute with the respondent but when respondent asked for more money, she threatened rape allegations and gave complaint to police. Police worked with surprising alacrity in constituting a SIT who investigated but did not find any evidence and found false information given by girls based on call l...

 Putting any human or animal in jail is a very inhuman act against nature. Humanity need to have single goal of #EmptyTheJails. Creating a jail was a bad idea by bad humans in the past. Jail should be very rare and backed by strong justification. That's why I've never understood putting someone in jail without any evidence on mere suspicion, undertrials in jail who are not convicted, convicts in jail who completed their sentence but still remain in jail or convicts whose nature of crime was bailable one but still not got bail due to money or procedure issues (last two happens in India a lot). If police is arresting someone to prevent crime, it makes no sense unless there's some guarantee that crime was 'definitely' going to happen eg. a rare event of someone captured with lot of explosives and no good explanation.  Currently, handing out sentences has become routine affair and innovation is needed to focus on mental health & reformation instead of putting in jai...

  Judge F. Dennis Saylor: “Whether someone is a ‘victim’ is a conclusion to be reached at the end of a fair process, not an assumption to be made at the beginning. Each case must be decided on its own merits, according to its own facts.” — John Doe v. Brandeis " Grant of appropriate remedy is not the discretion of the judge but his obligation. Justice must be tempered with mercy but justice cannot be substituted for mercy.” Justice Ashok Bhushan in his farewell speech " Presumption of the Family Court that a boy will be comfortable with his father in adolescent age does not have any basis a nd such generalized conclusion is unwarranted and not supported by any evidence."  Dr.V.Sridevi Vs Dr.C.S.Mani "Every person has a right to develop his or her potential. In fact a right to development is a basic human right."   Dr.V.Sridevi Vs Dr.C.S.Mani "Undoubtedly, the respondent, as the father, is entitled to have adequate rights of access and visitation. A balan...

 [Post In Progress] I will analyze the petition and judgment fully and propose the way forward. Gender neutral law is the right of every citizen and we I, as citizen of India, will not accept or tolerate the injustice to any citizen of my country whether based on gender or religion or any other criteria and more so, when this injustice happens to myself. On Feb 2, 2018, SC heard the PIL filed by Adv. Rishi Malhotra. The petitioner sought to challenge the constitutional validity of Sections 354 (assault or criminal force with intent to outrage her modesty), 354A (sexual harassment), 354B (assault or use of criminal force to woman with intent to disrobe), 354C (voyeurism), 354 (stalking) and 375 (rape) on the grounds that it was in violation of Articles 14 (right to equality) and 15 (discrimination on grounds of sex) of the Constitution. SC Bench, headed by Chief Justice Dipak Misra and consisting of Justices AM Khanwilkarand and DY Chandrachud, stated that these provisions are affi...