Daily Archives: May 11, 2017

SC Order On Justice Karnan A Dangerous Precedent: Indira Jaising | Live Law

SC Order On Justice Karnan A Dangerous Precedent: Indira Jaising

Can contempt powers be used to circumvent the provisions of Article 124 read with Article 217 of the Constitution? Does the removal of judicial functions of a judge not amount to removal of a judge? Does sending a judge to prison not amount to removing him from performance of his duties of office?

The order in contempt sets a dangerous precedent where the Supreme Court can remove any judge of a high court or indeed of the Supreme Court in contempt powers and do indirectly what they cannot do directly.

Once the power is asserted, it can be exercised for any reason whatsoever.

The Supreme Court has no discipline jurisdiction over the high courts and their judges, as they are not subordinate to the Supreme Court in such matters.

The Parliament alone has the power to remove a judge. Nor can the conduct of a judge be discussed, except on a removal motion.

This is non-negotiable.

This is what mantains the independence of the judiciary.

Surely the Court could have sent a report to Parliament requesting a motion to be moved.

After all, the Attorney General with great conviction agreed that Justice Karman had committed misconduct, so what was the hurdle? Such a course was adopted before by Justice Balakrishnan in the case of Justice Sen of Calcutta.

True, Justice Karnan was due to retire in June.

For that, Mr. K.K.Venugopal had the perfect solution: leave him alone, till then justice would be served.

And as for the order to examine him for mental illness, its legality leaves much to be desired as no person can be medically examined without an informed consent.

Moreover, mental illness unfortunately carries still a stigma.

I do not support or approve of his conduct and behaviour, but may I ask why was he appointed in the first place? Who will take responsibility for that? Only questions, no answers.

Indira Jaising



Forget husbands, now women are conning e-commerce Giants !! Woman cons Amazon of Rs 70 lakh, arrested

BENGALURU: A woman was arrested for allegedly cheating e-commerce giant Amazon India to the tune of Rs 69.91 lakh by making numerous online purchases, returning substandard or cheap lookalikes and selling the original items on another shopping portal.

The woman claimed refunds worth lakhs of rupees from Amazon for the delivered products after returning their inexpensive duplicates.

Hennur police identified the suspect as engineering graduate Deepanwita Ghosh (32), a native of West Bengal who lives in Rajanna Layout, Horamavu, Agara, with her husband. She was employed with a professional services company. An avid online buyer, Ghosh decided to deceive the system.

According to a complaint lodged with police on April 18 by Amazon representative Denu T Nair, Ghosh used fake names and made 104 online purchases of items, including high-end cellphones, SLR cameras, TVs and other electronic equipment. She sent product return requests within 24 hours, demanding refunds using Amazon’s customer return system, C-return.

“Every time, the delivery address was different from the C-return address, which was often in other cities. After getting a repayment from Amazon to her bank account, Deepanwita would replace the product with a substandard one and hand over the package to the delivery person,” said Ajay Hilori, deputy commissioner of police, Bengaluru east.

Hilori said the woman had been cheating Amazon for nearly a year as the firm then didn’t have the policy of opening and inspecting the product at the time of reaccepting it.

When Amazon’s seller service in Bengaluru spotted many returned products were not the originals, an internal probe was carried out which zeroed in on Ghosh.

Police probe revealed Ghosh operated as a seller on another shopping portal with the pseudonym Rajarshi96 and received customer orders for high-end electronic items. She then placed a parallel order for each product on www.amazon.in and got Amazon to ship the product to her clients’ addresses in different cities, including Kolkata. “Once her customer received the product and Ghosh received cash for it, she would initiate a C-return with Amazon and receive a refund by returning lookalikes,” narrated an investigating officer.

Ghosh completed 104 such fraudulent transactions and pocketed Rs 69, 91,940 before she was apprehended by a Hennur police team in April end. She was remanded in judicial custody and sent to prison on charges of cheating and online fraud, police said.

An Amazon spokesperson said that incidents of malpractice are taken with extreme seriousness and the firm is extending support/information needed for police investigation.

Case drives firm to change policy

Sources with Amazon Bengaluru said the case prompted the e-commerce major to modify its customer product return policy. “Now, products like cellphones are received from customers only after verifying IMEI numbers and other items following corroboration of unique product codes apart from a thorough inspection. An acknowledgement with the customer’s signature is also obtained at the time of return of expensive items,” a company warehouse executive added.