Saturday, 29 December 2012

Letter to Chief Justice of India on Judicial reforms for speedy and just trails of sexual abuse cases and to allow Citizens` SMS order system from on websites of Courts

Chief Judge of India,
E-mail - fax: 011-23092675
Sub: Orders to Chief Judge of India from a common citizen of India
1. Under the Preamble of Constitution, a citizen of India is sovereign and empowered to send orders to President, Prime Minister and Supreme Court judge of India or any employee of the sovereign on any matter in which the citizen thinks that prompt due action needed to protect the fundamental rights are not being taken. So under Preamble of Constitution, I am doing my duty as a citizen.
and sending you following orders 
2. Please issue order to Sessions Court judge of Delhi to move the case of recent rape-case, which happened in a bus in New Delhi on 19-dec-2012, to the fast court courts.
3. Please issue order to Sessions Court judge of Delhi, to take narco-test of the convicts and post full recording on YouTube after removing names of the victims.
4. Please issue order to Sessions Court judge of Delhi, that that fast track court should have only one case so that that case is disposed speedily
5. Please also post the cell phone number provided by Government to you on the website of Supreme Court of India so that henceforth we the people of India can send necessary orders to you via SMS. The cell phone provided via Government, and whose bill is paid by Government is public property and so under RTI, this phone number should be disclosed to public. Also, please put the SMS orders received from the citizens on website of Supreme Court of India.
6. Proposed Transparent Complaint / Evidence filing in Courts-
(Info: eg: this could be filled by any rape victim, from any district, the complaint / evidences cannot suppressed, and within a day visible to any citizen )
A. Orders for the District Collector
The High Court hereby orders the District Collector that : A woman voter or any citizen-voter can submit a complaint or any affidavit in District Collector Office with an affidavit for a fee of Rs 20 per page and ask the District Collector or his clerk to scan and put the complete affidavit on the website of the High Court.
B Orders to the Talati aka Patwari aka Village officer
B1 The High Court orders every Talati (Patwari / village officer) that : if a woman voter or ANY citizen-voter comes with voter ID, and specifies Yes-No on an PIL posted on the website of High Court, then the Talati or his clerk will enter his Yes-No on the website of High Court with his voter-ID and give a printed receipt for Rs 3 fee. The Clerk will also allow citizen to change his Yes-No for Rs 3 fee. The fee will be Re 1 for BPL card holder.
B2 The High Court will order Talati to also allow citizen-voter to cancel his YES/NO without any charge, ANYDAY.
B3 The High court may order the collector create a system of taking finger-print and picture of the citizen-voter and putting it on the receipt.
B4 High Court may order the collector to enable citizen-voters to register YES/NO via SMS for 5 paise
C (Information To all Citizens) 
This is not a referendum procedure. The Yes-No count will not be a binding on the High court judges etc.
7. Please suggest to the PM to print some Gazette Notifications -
7.1 Jury trial – For quick, fair judgements. 
The trial of rape must be decided by Jury of 25 randomly chosen citizens, between 30 years and 55 years, of the district in which crime was committed. The Jury will be formed by an officer titled as District Jury Administrator who will be appointed by High Court Chief judge and can be recalled\replaced by citizen-voters of that district.
(Procedure-draft in chapter 21,

7.2 Narco Test in Public
To prove or disprove whether rape was committed, narco tests on rape accused should be conducted in public after Jury has seen reasonable incriminating evidences.
1. All rape cases will be tried by Jury and Jury only. The Jury will consists of 25 citizens between 30 years and 55 years of age chosen at random from the district, and at least 13 will be women.
2. If the accused himself wants or if 13 out of 25 Jurors deem necessary to have truth serum test on the accused, then the investigating officer will conduct truth serum test on the accused.
3. If complainer wants, then and then only, then the investigating officers will conduct truth serum test on the complainer. The complainer will not be asked to take truth serum test against her will unless 13 out of 25 jurors demand narco test.
Procedure-Draft -
7.3 Right to Recall Deputy-Commissioner for crimes against women :
Every district must have a Deputy Police Commissioner (or DySP) in-charge of crimes against women and women in the district should have right to recall that DyCP or DySP . Only an anti-woman activist will oppose this proposal. (Procedure-draft in chapter 22,

7.4 . Right to Recall Lower Court, High Court and Supreme Court judges in-charge of crimes against women : 
Every district must have 3 judges in-charge of crimes against women, and women of district should have right to recall them. Same at High Court and Supreme Court levels. (Procedure-draft in chapter 7,

Thanking you,
Yours Truly,
Shivek Dhar

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