Daily Archives: April 13, 2017

Justice Karnan summons CJI and six SC judges to his residence | kolkata | Hindustan Times

Justice Karnan summons CJI and six SC judges to his residence
In an order India never witnessed before, Justice C S Karnan of the Calcutta High Court on Thursday asked Chief Justice of India J S Khehar and six other judges of the apex court to appear before him at his New Town residence by April 24 for violating his rights as a Dalit and humiliating him in public.

Karnan called the media to his residence on Thursday afternoon and passed the suo motu order “in the interest of the nation to protect the general public…..”

The authority of the apex court was never earlier challenged by any judge of a high court. (HT Photo)

Karnan’s order called the seven SC judges “national offenders” and said they had shown caste prejudice against him and insulted him on March 31 by asking about his mental health. “Hence all the seven judges are offenders under the Scheduled Caste and Scheduled Tribes Atrocities Act,” said the nine-page signed order. “The Hon’ble judges will appear before me at my Rosedale Residential Court and give me their views on the quantum of punishment for the violation…..,” said the order.

Read: Fresh trouble for Calcutta high court Justice CS Karnan

Thursday’s incident added to the drama that unfolded ever since Karnan hit the headlines for accusing several judges of the Madras high court, where he earlier served, and a SC judge of corruption, nepotism and caste discrimination.

The Supreme Court barred him from joining duty. Karnan, however, repeatedly rejected the Supreme Court’s summons in the contempt case and alleged in public that he was being targeted because he was a Dalit. On March 31, Karnan appeared before the SC and dared the seven-member bench to send him to jail, saying he would not personally appear on the next date.

Read: Justice Karnan hits back at SC, says targeted because he’s DalitHis comment came after the court said it would not allow him to join duty. On April 10, however, Karnan went to the Calcutta High Court but left for home after spending a few hours inside his official chamber. He could not hear any case.
In Thursday’s order, Karnan directed the director, Airports Authority, New Delhi, not to permit any of the seven SC judges to travel abroad and ordered the judges to “surrender” their passports to the director general of Delhi Police. None of the judges, said Karnan’s order, were permitted to move any other court against his order but could approach the Parliament to challenge his order.

The order also directed the Registry of the Supreme Court not to clear pension benefits of the seven judges till he received the compensation of Rs 14 crore which he had mentioned in an earlier order. It also appealed to foreign countries having cordial relation with India to not issue visa to any of the seven SC judges.

http://m.hindustantimes.com/kolkata/justice-karnan-summons-cji-and-six-sc-judges-to-his-residence/story-jhra3xNh5H9oRIr4RGPbYP.html

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Women criminals can be shown leniency, SC ! woman was part of gang that laced drinks, robbed & beat up man badly !!

Women criminals can be shown leniency, says SC
NEW DELHI: Even though gender is not a mitigating factor when it comes to punishment for criminal acts, the Supreme Court said that in the Indian context, a woman convict having three minor children to support would be a ground for courts to impose a lenient sentence on her.

But, mercy or compassion may not be shown in case of a woman who has committed a crime as part of a terrorist group, the court said.

A woman helped a man rob another of Rs 27,000 by administering drinks laced with sedatives in August 2000. Thereafter, the victim was beaten up badly and left at a place near Himachal’s Dalhousie. The woman was convicted for the offence, which is punishable with imprisonment of up to 10 years.

A Chamba trial court took note that the woman had three kids, two of whom were mentally unsound. In 2003, it awarded a sentence of two years in jail to her with a fine of Rs 6,000. After nine years, the Himachal HC took a further lenient view and erased the sentence and substituted it with a fine of Rs 30,000. The state government appealed against this in the SC.

A bench of Justices A K Sikri and Ashok Bhushan, through separate yet concurring judgments recently, agreed that slight leniency for women criminals was justified in the Indian context but it should not be to an extent to completely erase the trial court’s already lenient two-year sentence.

Debating between deterrence and reformative mechanisms to quantify sentence, Justice Sikri said, “When the Indian Penal Code provides discretion to Indian judges in awarding sentence, the court will undoubtedly regard extenuating and mitigating circumstances.”

Referring to the two mitigating circumstances canvassed by the convict — she being a woman and having to support three minor children — Justice Sikri said, “In this backdrop, the question is as to whether the respondent being a lady and having three minor children will be extenuating reasons? …In so far as Indian judicial mind is concerned, I find that in certain decisions of this court, gender is taken as the relevant circumstance while fixing the quantum of sentence. I may add that it would depend upon the facts of each case, whether it should be treated as a relevant consideration and no hard and fast rule can be laid down.” Justice Sikri restored the trial court’s lenient sentence of two imprisonment to the woman.

http://m.timesofindia.com/india/women-criminals-can-be-shown-leniency-says-sc/articleshow/58155978.cms?utm_source=toiandroidapp&utm_medium=Whatsapp&utm_campaign=show