Reality Check India

Is a life term in India just 7 years ?

Posted in Uncategorized by realitycheck on September 15, 2008

This government and judiciary took a billion Indian down the wrong fork in the road. The court waived its right of American style strict scrutiny while not specifying what its own standards of such scrutiny were. Therefore Article 14,  both the equality aspect and social justice aspect were surrendered.  Neither of the two aspects can work without data.So, a billion Indians especially the backward who really need social justice took a kick in the teeth.

Still, there was hope if someone killed your father – got caught – and got sentenced to life, justice would be served. This sequence of events itself is rare in India considering the length of time if takes for such a conviction. Now, we find a life term is not just 14 years but a mere 7 in many cases. This will quickly become the new floor, the next time around murderers will expect to be out in 3 to 5 years. Good behaviour could mean a lot of things.

A reality check : You cannot cut slack on the constitution and expect the penal code to be remain sacred. It is all interconnected. Those who are really backward will start to find the Maoist leadership to be of integrity, the SIMI to be more consistent, the  Hurriyat to represent freedom from a life of such ad hocism and skullduggery.

Can you blame them ?

What is this country offering them ?

———-

The news is that the Madras High Court cleared the decks for releasing selected life termers who served just 7 years of their term. It is reported there was a dramatic hearing at the Chief Justice Gangulys residence on a Sunday night.

CHENNAI: The Madras High Court has rejected a plea from Janata Party president Subramanian Swamy seeking to stay the operation of an order dated 11.09.08 giving en masse remission to 1405 life convicts on September 15, on the day of Anna’s birth centenary.The prisoners may be released subject to the usual conditions relating to execution of bonds, said the first bench comprising Chief Justice of Madras High Court A K Ganguly and Justice S M Ibrahim Kalifulla at a special sitting at the Chief Justice residence on Sunday night.

In the public interest writ petition, Swamy contended that the GO was issued in contravention of Section 433 and 433 A of the Cr PC, which envisaged commutation of life sentence to a term not exceeding 14 years. Therefore the rule is 14 years, but the government has indiscriminately and arbitrarily applied seven years period without any reference to the legal provision.

Source : Express Buzz

The questions that will be asked by the man on the street (some of whom were killed by those released) are

1. Is it now officially OK to release lifers after seven years ?

2. Is this facility available to all states ?

3. What is the meaning of the provisions in the penal code related to the 14 year minimum term ?

4. Can this facility be availed at any time, not just during the centenary celebrations ? So, could the government selectively release a few on a whim ? Of course, saying they will pick roses for a living henceforth and present themselves to probation officers.

5. Does the stance of the two pillars of democracy in this matter – reinforce already marginal Indians like (Muslims, Kashmiris, Assamese, Tribals in Chattisgarh) or does it disgust them ? Will they now work harder to make sure they are not part of the “India 2020 Vision” being shown to them ?

6. Is it practical to rearrest each one of them if the Supreme Court stays this GO ? What is the hurry here ?

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11 Responses

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  1. Barbarindian said, on September 15, 2008 at 4:04 am

    In India it makes more economic sense to be on the other side of the law (your life insurance premium may go up a bit). The addition of about $300 – $400 Billion of net wealth to the economy since liberalization has accrued for the most part to a closely linked shadowy feudal order which consists of political parties, big business and these henchmen.

    Heard Mamata on one of the news channels. She said the Tatas have free land, free cess, free VAT, free taxes, free subsidies. I would add free labor to it (artificially low exchange rate).

    While Mamata is being perceived as obstructionist by India’s enlightened know it all middle class, she has a point. It all connects up.

  2. Wiki said, on September 16, 2008 at 2:42 am

    Your reasoning here is really absurd. What does strict scrutiny have to do with the penal code?

  3. Anon said, on September 23, 2008 at 3:48 pm

    Reality Check who is very particular about DATA,

    Can you confirm the following

    1. Godse’s (yeah the same person who killed the father of nation) life sentence was commuted

    2. and when that was commuted Subramanian Swamy did not go to court and Reality Check was not afraid about that

    3. Jayalalitha (a chief minister of the same caste as SS and RC) commutted Life Terms and released prisoners 3 times on HER birthday

    4. Subramanian Swamy did not go to court

    5. Reality Check did not blog against JJ realising Life termers

  4. realitycheck said, on September 23, 2008 at 4:19 pm

    My blog was not around in 1940’s

    My blog was not around when JJ released prisoners. Who said what she did was right ?

    Do you want me to drag out newspapers from the 80’s 90’s and comment on everything ?

    Have all the killers been punished in Rwanda ? Why not release everyone from jail ?

  5. Anony said, on September 24, 2008 at 2:39 am

    My blog was not around in 1940’s
    OK. Now answer the questions

    My blog was not around when JJ released prisoners. Who said what she did was right ?
    OK. Tell

    1. whether what she did was right or wrong
    2. Did SS go to court against her
    3. Did you writer against it

    Do you want me to drag out newspapers from the 80’s 90’s and comment on everything ?
    1. Not everything, but the so called data on Blog should atleast answer very easy questions on data

    Have all the killers been punished in Rwanda ?
    1. No idea.

    Why not release everyone from jail ?
    1. No idea

  6. Anony said, on September 24, 2008 at 2:41 am

    Need to do a reality check on the following issues

    1. Godse’s (yeah the same person who killed the father of nation) life sentence was commuted. True or False

    2. and when that was commuted Subramanian Swamy did not go to court and Reality Check was not afraid about that. True or False

    3. Jayalalitha (a chief minister of the same caste as SS and RC) commutted Life Terms and released prisoners 3 times on HER birthday
    True or False

    4. Subramanian Swamy did not go to court
    True or False

    5. Reality Check did not blog against JJ realising Life termers
    True to False

    Just answer these questions Data Man. Why are you afraid to answer these straight questions. If you are so consious about data, let us know some data also

  7. reason said, on September 24, 2008 at 8:00 am

    anony dude, learn to spell. you are just funny as such, and your spelling makes you even more funny.

  8. reason said, on September 24, 2008 at 8:01 am

    >> Jayalalitha (a chief minister of the same caste as SS and RC)

    what is your caste?

  9. reason said, on September 25, 2008 at 7:12 am

    >> Jayalalitha (a chief minister of the same caste as SS and RC)

    what is your caste?

    Just answer that question caste man. if you are so consious about caste, let us know your caste / religion also.

    now answer the question.

  10. Anon said, on October 2, 2008 at 3:26 pm

    Reason,

    My spelling may be funny, but my questions are serious. i want reality the data man to answer those

  11. Anon said, on October 2, 2008 at 3:28 pm

    Need to do a reality check on the following issues

    1. Godse’s (yeah the same person who killed the father of nation) life sentence was commuted. True or False

    2. and when that was commuted Subramanian Swamy did not go to court and Reality Check was not afraid about that. True or False

    3. Jayalalitha (a chief minister of the same caste as SS and RC) commutted Life Terms and released prisoners 3 times on HER birthday
    True or False

    4. Subramanian Swamy did not go to court
    True or False

    5. Reality Check did not blog against JJ realising Life termers
    True to False

    Just answer these questions Data Man. Why are you afraid to answer these straight questions. If you are so consious about data, let us know some data also


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