Let law and order be in sole domain of union!

In a vibrant democracy like ours, nothing remains static except the concept of democracy and welfare of people. Every thing else such as the style of governance, the approach of judiciary and a plethora of laws must remain dynamic. In fact, the Constitution, government and judiciary are meant to subserve the society at large. Therefore, in an ideal democratic society, the change should be the order of the day. Of course, any change should ultimately result in to a step forward in direction of peace , prosperity and progress.

Since the ascendance of the BJP led National Democratic Alliance (NDA) government at the Centre and a majority of States, the conglomeration called variously as UPA, INDIA, Maha AGHADI etc., has been restless. Having had the habit of ' enjoying ' fruits of vast power of governance for a substantial period since Independence, sitting on the Opposition benches has been a bitter experience for the parties like Congress. That speaks volumes for their irrespective behaviour in and out of the parliament and Assemblies.

The do or die approach of the Opposition band - wagon has , of late, made it crazy. The group members have only one agenda: to throw out the present lawfully elected NDA/ BJP governments both at the Centre as well as in a majority of States . And to achieve this goal, go to any extent, adopt fair and foul means and even taking the support of foreign powers and anti -India ( read: anti - Hindu) groups. Year after year, the ferocity of these elements increases. Now, it has reached the most dangerous level. Right from the Award Wapasi to Tukde, tukde gangs to signing of a secret MoU with China by Sonia Gandhi and Company to raising questions on the surgical strike on the terrorist camps in Pakistan to foreign funded violent agitation against CAA-NRC to engineering bomb blasts on railway tracks and indulgence in the heinous killings of Sadhus and innocent people, the Opposition gang has indeed, turned out to be an anti -national and anti -Hindu mafia.

The State -sponsored violence in the Opposition ruled States has become a routine affair. Instead of following the Rule of Law principle, the Opposition satraps quite often not only become the partners and abettors of crimes but also brazenly shield the criminals. They play hide and seek with the prevention, detection and investigation of crimes taking advantage of the Constitution which has made the Law and Order a subject within the purview of States. The Union or Centre can interfere only if its help is sought by the concerned State. Therefore, the naked dance of anti -national elements in West Bengal, Punjab and other Opposition ruled States has been going on uncontrolled. The Opposition parties not only refuse the offers of the Union to curtail lawlessness in the Opposition ruled States, but also unleash the police power on the ranks and files of the leaders and members of the NDA parties ruling at the Centre.

The message is quite clear. Taking the advantage of the Constitutional provision the Opposition ruled States are hell bent upon creating anarchy and civil -war like situation. The spirit of Federalism embedded in the Constitution, thus, brazenly gets distorted by the Opposition parties wherever they are in power. Apparently, no central government worth its name can tolerate such divisive practices by the Opposition ruled States. The situation has to be remedied with utmost urgency. It is high time that by an amendment to the Constitution the subject of Law and Order is removed from the State List and incorporated in the Union List. In the forthcoming winter session of the parliament, this amendment may be passed in order to avert further damage to the law and order situation in the country.

SC : PRESENCE OF VICTIM SHOULD BE INSISTED TO VERIFY FACTUM OF COMPROMISE

In a matter titled, XYZ Vs. State of Gujarat, the Supreme Court recently held that while recording the compromise in non-compoundable offences, particularly when the victim is a woman, the court should insist on the personal presence of the victim to verify the fact of settlement. Even if there is an affidavit filed by the victim, it is advisable to find out from him, the court added.

A division bench comprising Justice Abhay S.Oka and Justice Augustine George Masih dealing with a case where the High Court had allowed the compromise based on the affidavit of the illiterate woman who subsequently approached the apex court saying that she was not aware of the contents of the said affidavit, held that the presence of the deponent should be insisted particularly when the alleged offences are of serious nature.

BHANGI, NEECH, BHIKHARI AND MANGNI NOT DEROGATORY AS PER SC/ST ACT

The Rajasthan High Court in its recent verdict of November 12 has held that as per Section 3(1)(X) of the Schedule Castes and Schedule Tribes Act, 1989, the words such as Bhangi, Neech, Bhikhari and Mangni are not suggestive of SC or ST castes, hence, the use of these words in public against an SC or ST person does not attract the punitive provisions provided under the SC/ST Act.

Justice Birendra Kumar in a case titled, Achal Singh and Others Vs. State of Rajasthan and Another quashed the case against the petitioners on this count. However, the court permitted the trial court to proceed against the petitioners on the charges of obstructing the public servants from performing their duty and other charges levied in the chargesheet.

The case related to January 2011 when a team of government servants in Jaisalmer which had gone to remove obstruction, was prevented and abused by the local people.

LIQUOR BAN MEANS BIG MONEY FOR GOVT. SERVANTS: PATNA HC

Coming down heavily on the lackluster implementation of liquor ban in Bihar, Justice Purnendu Singh of the Patna High Court in an Order of October 29 said that the prohibition imposed in the State in April,2016 has only brought bonanza for the government employees of Excise, Police, Transport and Tax departments by way of corruption. The brunt of the liquor ban is borne by the poor and unprivileged class of the society. The hooch incidents have increased substantially as a result of which some time the sole bread winner of the family loses his life. The noble object of eradicating the vice of drinking envisaged in Article 47 of the Constitution has not been achieved by the liquor ban, the court observed.l

The matter related to the demotion and suspension of Mukesh Kumar Paswan, the police Inspector of Bypass police station in Patna for negligence in performance of duties. During a raid, the SHO was found to be in possession of a bottle of foreign liquor. The court quashed the punishment order and also the departmental proceedings against the said SHO.