Aum Gung Ganapathaye Namah

Namo tassa bhagavato arahato samma-sambuddhassa

Homage to The Blessed One, Accomplished and Fully Enlightened

In the name of Allah, Most Gracious, Most Merciful

Law

A Collection of Articles, Notes and References

References

 (Revised: Tuesday, January 11, 2005)

References Edited by

An Indian Tantric

What’s in a name? That which we call a rose

By any other name would smell as sweet.

- William Shakespeare

Copyright © 2002-2010 An Indian Tantric

The following educational writings are STRICTLY for academic research purposes ONLY.

Should NOT be used for commercial, political or any other purposes.

(The following notes are subject to update and revision)

For free distribution only.
You may print copies of this work for free distribution.

You may re-format and redistribute this work for use on computers and computer networks, provided that you charge no fees for its distribution or use.
Otherwise, all rights reserved.

8 "... Freely you received, freely give”.

            - Matthew 10:8 :: New American Standard Bible (NASB)

 

1 “But mark this: There will be terrible times in the last days.

2 People will be lovers of themselves, lovers of money, boastful, proud, abusive, disobedient to their parents, ungrateful, unholy,

3 without love, unforgiving, slanderous, without self-control, brutal, not lovers of the good,

4 treacherous, rash, conceited, lovers of pleasure rather than lovers of God

5 having a form of godliness but denying its power. Have nothing to do with them.

6 They are the kind who worm their way into homes and gain control over weak-willed women, who are loaded down with sins and are swayed by all kinds of evil desires,

7 always learning but never able to acknowledge the truth.                                                                  

8 Just as Jannes and Jambres opposed Moses, so also these men oppose the truth--men of depraved minds, who, as far as the faith is concerned, are rejected.

9 But they will not get very far because, as in the case of those men, their folly will be clear to everyone.”

            - 2 Timothy 3:1-9  :: New International Version (NIV)

 

6 As he saith also in another place, Thou art a priest for ever after the order of Melchisedec.

            - Hebrews 5:6 :: King James Version (KJV)

 

Therefore, I say:

Know your enemy and know yourself;

in a hundred battles, you will never be defeated.

When you are ignorant of the enemy but know yourself,

your chances of winning or losing are equal.

If ignorant both of your enemy and of yourself,

you are sure to be defeated in every battle.

-- Sun Tzu, The Art of War, c. 500bc

 

There are two ends not to be served by a wanderer. What are these two? The pursuit of desires and of the pleasure which springs from desire, which is base, common, leading to rebirth, ignoble, and unprofitable; and the pursuit of pain and hardship, which is grievous, ignoble, and unprofitable.

- The Blessed One, Lord Buddha

 

Contents

Color Code

A Brief Word on Copyright

References

Educational Copy of Some of the References

 

Color Code

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Color Code                                                               Identification

 

Main Title                                                                  Color: Pink

Sub Title                                                                   Color: Rose

Minor Title                                                                Color: Gray – 50%

 

Collected Article Author                                       Color: Lime

Date of Article                                                          Color: Light Orange

Collected Article                                                      Color: Sea Green

Collected Sub-notes                                              Color: Indigo

 

Personal Notes                                                       Color: Black

Personal Comments                                             Color: Brown

Personal Sub-notes                                              Color: Blue - Gray

 

Collected Article Highlight                                    Color: Orange

Collected Article Highlight                                    Color: Lavender

Collected Article Highlight                                    Color: Aqua

Collected Article Highlight                                    Color: Pale Blue

 

Personal Notes Highlight                                     Color: Gold

Personal Notes Highlight                                     Color: Tan

 

HTML                                                                         Color: Blue

Vocabulary                                                               Color: Violet

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A Brief Word on Copyright

Many of the articles whose educational copies are given below are copyrighted by their respective authors as well as the respective publishers. Some contain messages of warning, as follows:

Republication or redissemination of the contents of this screen are expressly prohibited

without the written consent of “so and so”.

According to the concept of “fair use” in US copyright Law,

The reproduction, redistribution and/or exploitation of any materials and/or content (data, text, images, marks or logos) for personal or commercial gain is not permitted. Provided the source is cited, personal, educational and non-commercial use (as defined by fair use in US copyright law) is permitted.

Moreover,

  • This is a religious educational website.
    • In the name of the Lord, with the invisible Lord as the witness.
  • No commercial/business/political use of the following material.
  • Just like student notes for research purposes, the writings of the other children of the Lord, are given as it is, with student highlights and coloring. Proper respects and due referencing are attributed to the relevant authors/publishers.

I believe that satisfies the conditions for copyright and non-plagiarism.

  • Also, from observation, any material published on the internet naturally gets read/copied even if conditions are maintained. If somebody is too strict with copyright and hold on to knowledge, then it is better not to publish “openly” onto the internet or put the article under “pay to refer” scheme.
  • I came across the articles “freely”. So I publish them freely with added student notes and review with due referencing to the parent link, without any personal monetary gain. My purpose is only to educate other children of the Lord on certain concepts, which I believe are beneficial for “Oneness”.

 

References

Some of the links may not be active (de-activated) due to various reasons, like removal of the concerned information from the source database. So an educational copy is also provided, along with the link.

If the link is active, do cross-check/validate/confirm the educational copy of the article provided along.

  1. If the link is not active, then try to procure a hard copy of the article, if possible, based on the reference citation provided, from a nearest library or where-ever, for cross-checking/validation/confirmation.

 

References

Caruso, David B. (Friday, October 11, 2002) Judges try humiliations to fit the crime. USA: Associated Press

http://www.lasvegassun.com/sunbin/stories/nat-gen/2002/oct/11/101106260.html      (De-activated link)

http://www.sacbee.com/24hour/nation/story/571718p-4481126c.html                             (New link)

Kang, Bhavdeep., Srikanth, B.R. and Priyanka Kakodkar. (Monday, November 25, 2002) Judgement Day. India: Outlook Magazine.

http://www.outlookindia.com/full.asp?fodname=20021125&fname=Judiciary+%28F%29&sid=1

Laxman. Cartoon: You Said It. India: The Times of India.

Laxman. Cartoon: You Said It. India: The Times of India.

Islamic Criminal Law

http://saif_w.tripod.com/explore/crime/islamic_criminal_law.htm

National Human Rights Commission, New Delhi, India

http://www.nhrc.nic.in/faq.htm#Can%20the%20complaint%20be%20in%20any%20language?

Public Interest Litigation

Introduction

http://www.helplinelaw.com/docs/pub-i-litigation/index.php

When Can a Public Interest Litigation be Filed?

http://www.helplinelaw.com/docs/pub-i-litigation/01.php

Who Can File a Public Interest Litigation?

http://www.helplinelaw.com/docs/pub-i-litigation/02.php

Supreme Court of India: Public Interest Litigation

http://supremecourtofindia.nic.in/new_s/juris.htm

The Law's Hall of Fame

http://www.duhaime.org/hallfame.htm

 

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Educational Copy of Some of the References

FOR EDUCATIONAL PURPOSES ONLY

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Reference

Caruso, David B. (Friday, October 11, 2002) Judges try humiliations to fit the crime. USA: Associated Press

http://www.lasvegassun.com/sunbin/stories/nat-gen/2002/oct/11/101106260.html      (De-activated link)

http://www.sacbee.com/24hour/nation/story/571718p-4481126c.html                             (New link)

 

Judges try humiliations to fit the crime

By DAVID B. CARUSO, Associated Press

Published 4:37 a.m. PDT Friday, October 11, 2002

 

PHILADELPHIA (AP) - Faced with an unending stream of unrepentant crooks, vagrants and addicts who shrug off short jail terms and scoff at probation, a small number of judges are returning to an old weapon in the war on crime: shame.

 

From the South Carolina judge who forced a man convicted of battery to carry a sign that read "I beat women," to the Ohio judge who sentenced two men who tossed bottles at a woman's car to dress in women's clothing, jurists have tried a variety of punishments intended to shame convicts into contemplating their crimes.

 

"The idea is that you are trying to rehabilitate someone, if in no other way than by reminding them and the community what they have done," said Mark Bergstrom, executive director of Pennsylvania's Commission on Sentencing.

 

Central Pennsylvania judge Charles Saylor of Sunbury drew mixed reviews this month when he ordered a man who had helped his girlfriend dispose of the body of her newborn baby to make monthly visits to the child's grave with flowers and a lighted candle.

 

County coroner James F. Kelley called the sentence, "a slap to the memory of that child" and said Scott Kinney's presence in the cemetery would be disruptive.

 

"So far, he hasn't shown any remorse whatsoever," Kelley said. "The judge seems to feel that maybe having him go there and see the marker will make him think about what he's done, but I'm leery. I don't think it's going to happen."

 

Kinney, 28, also served 204 days in jail while awaiting trial. His former girlfriend was convicted of murder for drowning the baby after giving birth.

 

Pennsylvania gives judges the power to set almost any condition on convicts who are placed on probation, as long as they are "reasonably related to the rehabilitation of the defendant."

 

This month a Carbon County judge approved a plea bargain that required a man who fled from police to run in a 5-kilometer foot race held to benefit a police union. Chad M. Eschbach, 21, completed the race Oct. 5.

 

"I was hoping it would be a deterrent," said District Attorney Gary F. Dobias. "I hoped that if he had a chance to interact with these officers, he would realize the danger he was putting them in when he fled."

 

Earlier this month, Lebanon County Judge Bradford Charles tried to plant the seeds of remorse by sentencing a man who destroyed a field of crops with his Jeep to serve community service on a farm.

 

Some of the cases have grabbed headlines and won praise, but lawyers and some experts say trying to embarass someone into reform can be risky.

 

Robert Sadoff, a psychiatry professor at the University of Pennsylvania, said research has shown that prisoners subjected to shaming tactics often react by becoming more violent. Other people punished in humiliating ways can be left embittered and likely to re-offend, he said.

 

"I don't think you can really manufacture remorse," he said. "It has to come from within."

 

Charles has tried creative approaches before, once ordering a woman to wear a badge that said "convicted shoplifter." The Superior Court overturned the sentence in June, ruling the badge had no value in the woman's rehabilitation.

 

"In that case, it didn't really help to rehabilitate her. She had a drug problem, and that is why she shoplifted," said the woman's attorney, Scott Stein.

 

Temple Law School professor Edward Ohlbaum said those and similar sentences are following a long-established legal tradition.

 

"I remember hearing in the 1980s about judges sentencing drunken driving defendants to work as volunteers in hospital emergency rooms," he said. "It strikes me that shaming somebody like that is on some level an act of revenge ... but it could also be a sign that the judge is saying, 'Can I do something that can turn this person's life around?'"

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Reference

Kang, Bhavdeep., Srikanth, B.R. and Priyanka Kakodkar. (Monday, November 25, 2002) Judgement Day. India: Outlook Magazine.

http://www.outlookindia.com/full.asp?fodname=20021125&fname=Judiciary+%28F%29&sid=1

 

Outlook Magazine | Nov 25, 2002 

JUDICIARY

Judgement Day 

Should judges be judged? The answer, in view of allegations of misconduct, is obvious. The debate is on how to do it.

 

BHAVDEEP KANG

 

Three years after the conference of chief justices resolved to adopt a code of conduct for the higher judiciary, recent charges of misconduct by judges of various high courts have once again focused attention on the need for a strong dose of judicial accountability. 

The charges are serious enough—from sexual harassment to carousing in a restaurant to nepotism—to have prompted Supreme  

 

 Under the Peruke

 

Court Chief Justice G.B. Pattanaik to conduct independent inquiries into all the allegations. If personally satisfied that there is a prima facie case, he says he may even ask the concerned judges to resign.

 

While Justice Pattanaik (see interview) believes that the Supreme Court's in-house procedure for dealing with such cases is adequate, many legal experts feel Parliament must enact a law to make the code of conduct for judges mandatory. Says former CJI A.S. Anand: "Judges are accountable to one billion people. With that in view, a committee of SC judges drafted a code of conduct (Restatement of Values in Judicial Life) which was adopted by all the high courts. 

   

A.S. Anand, an ex-CJI who faced allegations, is all for a formal law that screens bogus charges.  

    

We also drafted a procedure for dealing with judges who flouted the code. This, too, was accepted. But no statutory base has yet been accorded to the code, despite representations to the government."

 

The need for a mandatory code of conduct  is felt when one weighs the latest allegations of judicial misconduct:

 

  • Three Karnataka HC judges, accompanied by women, get into a brawl in a Mysore wayside eatery.

 

  • A Rajasthan HC judge and a court staffer offer to settle a litigant's case if she "obliges" them.

 

  • Three Punjab & Haryana HC judges use their clout to get their nominees selected by Punjab Public Service Commission ex-chief and scam-accused Ravi Sidhu.

 

  • A drunk Madhya Pradesh HC judge uses foul language in an exclusive club in Bhopal.

 

  • A Rajasthan HC judge (since transferred) sexually molests a male constable.

 

Within the existing parameters, says former Union law minister and eminent Supreme Court lawyer Shanti Bhushan, the present CJI is doing just what the doctor would order. "He has said he'll conduct independent inquiries (in the Rajasthan and Karnataka incidents) and if satisfied prima facie that there is a case, he'll ask for the judges' resignations. If they don't oblige, he will resort to constitutional provisions, which means he'll write to the government for initiating impeachment proceedings."

 

But, according to lawyer Prashant Bhushan, the real test for the CJI (and the voluntary code of conduct) will be the Punjab & Haryana High Court case in which three judges were accused of nepotism. The first part of the in-house procedure has already been followed, with former CJI B.N. Kirpal having received a report from the Punjab and Haryana chief justice. "It is for the current incumbent to take action on the report," adds Bhushan.

 

Former CJI S.P. Bharucha had estimated the extent of corruption in the judiciary as being 20 per cent. Says Justice Michael Saldahna of the Karnataka HC: "My reading is that it is 33 per cent." More important than the actual incidence of corruption, he says, is the public's perception of the judiciary. Says he: "In the Punjab & Haryana HC case, three judges got personal favours from the chairman of the Punjab Public Service Commission. This is reported by the media and the common man believes something scandalous has taken place in the judiciary."

 

Anand maintains the voluntary code in itself is not enough and that legislative sanction for it is long overdue. "The time has come for the government to take steps, so that some action—apart from impeachment—is possible." While the details need to be worked out, he says complaints must be on the basis of an affidavit and the judge must be given a fair hearing.There could also be an investigative agency manned by the judiciary to assist the CJI in his inquiry. 

 

Justice Saldahna agrees that a constitutional amendment setting up a statutory body—"say, like the Central Vigilance Commission, with retired CJIs"—is desirable. He created a furore among his colleagues when he said the judges who are currently under a cloud for public misconduct should clear the air. "If these allegations are true, they would erode the confidence of the bar and litigants, making it impossible for the (judge) to continue functioning," said Justice Saldahna.

 

Formulating a statutory procedure for dealing with complaints against the judiciary is useful for the judges as well, says Anand. "It is easy for some disgruntled litigants to make allegations that can damage the image of a judge. So, it is in the interests of judges and also the institution that there is some mechanism by which complaints are looked into. If proved baseless, the person levelling the charges will be held accountable." Credibility is a judge's greatest asset, he points out. To maintain it, all allegations must be probed.

 

In fact, Justice Anand was himself at the receiving end of charges of judicial misconduct, regarding land deals in j&k and Madhya Pradesh, but never defended himself publicly. The eminent SC advocate Shanti Bhushan had written to the President, prime minister and judges of the SC alleging that the then CJI had compromised his judicial integrity during his tenure in the j&k High Court. Nothing came of it, but the Committee On Judicial Accountability (coja), comprising eminent members of the Bar like Shanti Bhushan, Indira Jai Singh and Ram Jethmalani as well as former members of the Bench like V.M. Tarkunde and Rajinder Sachar, pointed out that there was no credible mechanism to inquire into complaints against the higher judiciary.

 

The coja proposed the setting up of a National Judicial Commission (njc) through an Act of Parliament to deal with misconduct by judges (as well as appointments). It would comprise five members appointed respectively on the recommendation of all the sitting judges of the SC, all the chief justices of the high courts, the cabinet, the leader of the Opposition and the Bar Council of India. The njc would have an investigative machinery under its administrative control and its recommendations would be mandatory. The proposal cited Parliament's refusal to impeach SC justice V. Ramaswami, even after a committee of his fellow judges had found him guilty of misconduct and urged his impeachment.

 

Says former Bombay High Court judge Hosbet Suresh: "It's important to set up a judicial performance commission to assess the performance of judges and deal with complaints of misconduct because at the level of the higher judiciary, impeachment is the only way to remove a judge." Former SC judge V.R. Krishna Iyer also believes that a law to give statutory power to the code of conduct, through a constitutional amendment, is desirable. "I had suggested a judicial performance commission but now I am in two minds about that," he observed.

 

The government has no role to play, either as investigator or enforcer, because of the immunity enjoyed by the higher judiciary, no member of which can be investigated without the sanction of the CJI. And such a sanction has never been sought, with the government preferring to leave such sensitive matters to the CJI. "While we may hear of serious complaints against a particular justice and even get to see copies of the complaints, we have no power to pursue them," says a senior law ministry official.

 

At times, it is the government that dilly-dallies. Law ministry sources cite the case of a Rajasthan HC judge twice accused of aggressive homosexual behaviour.The CJI was satisfied that the charges were prima facie true. But when he wrote to the central government recommending impeachment, he was asked to re-examine the matter to be sure the case was watertight and no re-enactment of the Ramaswami case would occur. The case was passed on from one CJI to the next and then dropped altogether.

 

The government is yet again contemplating the setting up of a National Judicial Commission, as recommended by the Constitution Review Commission. It is to be chaired by the CJI, but whether it will deal with appointments alone or whether it would have punitive powers to deal with instances of misconduct by judges, hasn't yet been decided. Till such time that some mechanism is put in place, only the judges can judge themselves.

--------------------------------------------------------------------------------

By Bhavdeep Kang With B.R. Srikanth and Priyanka Kakodkar 

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Reference

Laxman. Cartoon: You Said It. India: The Times of India.

 

 

YOU SAID IT

By Laxman

Order came from higher up to release you, Your Honour.

I beg your pardon, I didn’t know you were a VVIP!

 

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Reference

Laxman. Cartoon: You Said It. India: The Times of India.

 

 

YOU SAID IT

By Laxman

Remember the corruption charges against you when you were in service?

Well, the court has adjourned the hearing once again!

 

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Reference

Islamic Criminal Law

http://saif_w.tripod.com/explore/crime/islamic_criminal_law.htm

The most forceful part of the criticism is the West's denunciation of the harshness of the Hadd punishments provided by the Shariah. Obviously this stems from their self-styled conception of human dignity which evokes unnecessary sympathy for criminals too. For a moment, the Western sociologist forgets the heinous deeds of the criminals, their impact on the society and prescribes lighter punishments with all politeness. Contrary to it, Islam imposes a rigid code of punishment for the microscopic minority of criminals and ensures an atmosphere of peace and security for the rest of the society. If this basic difference is kept in mind while striking a comparison between the two, the whole matter can be understood easily.

The spurt in crimes following the economic boom in the West has brought its own strange interpretation from the Western sociologists, who, till only a few days back were ascribing unsatisfactory economic and social conditions to the increasing criminal mentality. The very sociologist now harps a different tune. He unabashedly calls the criminal mentality an essential element of human nature.

When we cast a glance at the Muslim countries where Shariah is applied, crime rate has become negligible to the extent that Saudi Arabia reported just one murder in one year. This can wholly be attributed to the deterrent punishments of Islam.

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Reference

National Human Rights Commission, New Delhi, India

http://www.nhrc.nic.in/faq.htm#Can%20the%20complaint%20be%20in%20any%20language?

Can the complaint be in any language?

They may be in Hindi, English or in any language included in the Eighth Schedule of the Constitution. The complaints are expected to be self contained. No fee is charged on complaints. The Commission may ask for further information and affidavits to be filed in support of allegations whenever considered necessary. The Commission may, in its discretion, accept telegraphic complaints and complaints conveyed through FAX.

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Reference

Public Interest Litigation

Introduction

http://www.helplinelaw.com/docs/pub-i-litigation/index.php

 

Introduction

 

"Public interest Litigation", in simple words, means, litigation filed in a court of law, for the protection of "Public Interest", such as pollution, Terrorism, Road safety, constructional hazards etc.

 

PUBLIC INTEREST LITIGATION is not defined in any statute or in any act. It has been interpreted by judges to consider the intent of public at large. Although, the main and only focus of such litigation is only "Public Interest" there are various areas where a PUBLIC INTEREST LITIGATION can be filed. For e.g.

 

- Violation of basic human rights of the poor

- Content or conduct of government policy

- Compel municipal authorities to perform a public duty.

- Violation of religious rights or other basic fundamental rights.

 

(Reference: Public Interest Litigation: Introduction.)

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Reference

When Can a Public Interest Litigation be Filed?

http://www.helplinelaw.com/docs/pub-i-litigation/01.php

 

WHEN CAN A PUBLIC INTEREST LITIGATION BE FILED?

 

A PUBLIC INTEREST LITIGATION can be filed only in a case where "Public Interest" at large is effected. Merely because, only one person is effected by state inaction is not a ground for PUBLIC INTEREST LITIGATION

 

These are some of the possible areas where a PUBLIC INTEREST LITIGATION can be filed.

 

  • Where a factory / industrial unit is causing air pollution, and people nearly are getting effected.

 

  • Where, in an area / street there are no street lights, causing inconvenience to commuters

 

  • Where some "Banquet Hall" plays a loud music, in night causing noise pollution.

 

  • Where some construction company is cutting down trees, causing environmental pollution.

 

  • Where poor people, are affected, because of state government's arbitrary decision to impose heavy "tax".

 

  • For directing the police / Jail authorities to take appropriate decisions in regards to jail reforms, such as segregation of convicts, delay in trial, production of under trial before the court on remand dates.

 

  • For abolishing child labour, and bonded labour.

 

  • Where rights of working women are affected by sexual harassment.

 

  • For keeping a check on corruption and crime involving holders of high political officer.

 

  • For maintaining Roads, Sewer etc in good conditions.

 

  • For removal of Big Hoarding and signboard from the busy road to avoid traffic problem.

 

  • Recently a PUBLIC INTEREST LITIGATION has been filed, for directing the "Delhi Traffic Police" to stop the method of sending challans to address by post, as it is being misused.

 

(Reference: Public Interest Litigation: When Can a Public Interest Litigation be Filed? )

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Reference

Who Can File a Public Interest Litigation?

http://www.helplinelaw.com/docs/pub-i-litigation/02.php

 

WHO CAN FILE A PUBLIC INTEREST LITIGATION?

 

Earlier it was only a person whose interest was directly affected along with others, whereby his fundamental right is affected who used to file such litigation.

 

Now, the trend has changed, and, any Public-spirited person can file a case (PUBLIC INTEREST LITIGATION) on behalf of a group of person, whose rights are effected.

 

It is not necessary, that person filing a case should have a direct interest in this PUBLIC INTEREST LITIGATION

 

For e.g. a person in Bombay, can file a PUBLIC INTEREST LITIGATION for, some labour workers being exploited in Madhya Pradesh or as someone filed a PUBLIC INTEREST LITIGATION in supreme court for taking action against Cracker factory in Sivakasi Tamilnadu, for employing child labour or the case where a standing practicing lawyer filed a PUBLIC INTEREST LITIGATION challenged a government policy to transfer High Court judges and similarly a lawyer filed a PUBLIC INTEREST LITIGATION for release of 80 under trials in a jail, who had spent more number of years in jail, than the period prescribed as punishment for offence, for which they were tried.

 

It is clear that, any person, can file a PUBLIC INTEREST LITIGATION on behalf of group of affected people. However it will depend on every facts of case, whether it should be allowed or not.

 

(Reference: Public Interest Litigation: Who Can File a Public Interest Litigation? )

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Reference

Supreme Court of India: Public Interest Litigation

http://supremecourtofindia.nic.in/new_s/juris.htm

 

Although the proceedings in the Supreme Court arise out of the judgments or orders made by the Subordinate Courts including the High Courts, but of late the Supreme Court has started entertaining matters in which interest of the public at large is involved and the Court can be moved by any individual or group of persons either by filing a Writ Petition at the Filing Counter of the Court or by addressing a letter to Hon'ble the Chief Justice of India highlighting the question of public importance for invoking this jurisdiction. Such concept is popularly known as 'Public Interest Litigation' and several matters of public importance have become landmark cases. This concept is unique to the Supreme Court of India only and perhaps no other Court in the world has been exercising this extraordinary jurisdiction. A Writ Petition filed at the Filing Counter is dealt with like any other Writ Petition and processed as such. In case of a letter  addressed to Hon'ble the Chief Justice of India the same is dealt with in accordance with the guidelines framed for the purpose.

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Reference

The Law's Hall of Fame

http://www.duhaime.org/hallfame.htm

 

ALFRED THE GREAT (849-899).

He decided to, in his own words, "gather the old laws of the Saxons together and commanded many of those to be written which our forefathers held, those which to me seemed good" thus putting an end to the discretionary and, at times, corrupt justice then meted out by local priests/judges. This first attempt at putting the law to paper in England was a very religious exercise and began with the Ten Commandments. He tempered the Biblical "eye for an eye" principles by proposing that monetary compensation could go to the victim. For example, a wound one inch long was compensated by a shilling; each broken tooth was worth six shillings and cutting off an ear, 20 shillings. The exception was treason, though, to which there was to be no mercy.

Alfred introduced the notion that all crimes were an offence against the King himself, a tradition that continues today as crimes are prosecuted not by private citizens but by the government.

GAUTAMA, Siddhartha (Buddha)

The philosophy of Buddhism has been a tremendous influence on the development of Asiatic law.

BECCARIA, Cesare Bonesana (1738-1794). Italian jurist. Wrote Dei deliti e delle pene (Essay on Crimes and Punishments) in (1764) which was translated and brought to light the barbarous nature of many punishments especially torture. His main theory was that punishment for crime should not exceed what was necessary to maintain public order. He opposed capital punishment, torture and secret trials and he suggested hard labor or incarceration for persons convicted of murder. The English justice system was greatly influenced by Dei deliti e delle pene.


BENTHAM, Jeremy (1748-1832). English legal reformer. Son of a lawyer, Bentham got his law degree from Oxford but never practiced. This English son of a lawyer urged the implementation of Beccaria's ideas in England where, in 1780, 350 different offences incurred the capital punishment. He published Introduction to the Principles of Morals and Legislation in 1789 which introduced the principles of utilitarianism in England (the belief that the aim of the individual and the legislator in the conduct of society should be to achieve the greatest happiness for the greatest number). Amongst his popular ideas was a complete reform of the British criminal laws including a large reduction of crimes which were punished by capital punishment. His theories were so popular that he was made a citizen of France in 1792. When he died, his head was cut off and his body embalmed, affixed with a wax replica of his head and dressed. It is still preserved in that condition at University College in London.

BLACKSTONE, William (1723-1780)

His Commentaries on the Law of England became an important foundation of American law and even in England, the publication far exceeded the man himself. Indeed, Blackstone fancied himself a legal academic and in spite of his fame amongst the people, chased his doctorate, professorship, and then a seat on the bench. He even became a member of the English Parliament but later declined an invitation to become England's Solicitor-General.

 

BRACTON, Henry de, (1215-1268). Priest and judge in medieval England. Bracton was the first judge to research, collect and record over 2,000 decisions of his court in a casebook (called the "Note Book"), thus publishing the world's first "law report." This work pioneered the use of precedents and the stare decisis rule. More importantly, law reports provide publicity to the rules of law laid down by the courts and act as a control over arbitrary decisions. Bracton's example was forever thereafter followed in England, in a historical publication called the "Year Books" which were published from 1291 to 1535. His case book was only discovered twenty years after his death. He also wrote "On The Laws And Customs of England", which was then one of the first books on the common law.

 

CICERO, Marco Tullius (106-43 BC). Roman orator, lawyer, politician and philosopher. Studied jurisprudence, rhetoric and philosophy and he began taking part in legal cases. Became an independent-thinking member of the Roman Senate and paid for it by exile.

Arguably, his greatest influence came in his support of the ideals of stoicism, a basis of contemporary legal systems; that human beings were all meant to follow natural law, which arises from reason. Stoicism, according to Cicero, also held that natural law is the source of all properly made human laws and communities. Because human beings share reason and the natural law, humanity as a whole can be thought of as a kind of community, and because each of us is part of a group of human beings with shared human laws, each of us is also part of a political community. This being the case, we have duties to each of these communities.

 

COKE, Edward (Sir; Lord), 1552-1634

Author of a highly respected series of law reports (Coke's Reports), and the landmark Institutes of the Laws of England (1628-44) - the greatest work of English jurisprudennce until Blackstone's Commentaries.

 

DARROW, Charles (1857-1938). Perhaps the most famous of all American lawyers. Based in Chicago, Darrow made a name for himself by defending labor leaders in several high profile cases. Most of the cases became pivotal in the development of American labor or criminal law. This was an era when labor legislation and the right to unionize was in its infancy and Darrow's staunch defense of union leaders gave the movement needed credibility. Darrow often took up unpopular causes, defending against sedition charges after World War I, defending a black family from murder charges in Detroit; defending two men suspected of the murder of a 14-year old boy; and, in perhaps his most famous case, defending teacher John Scopes who was accused of breaking a state law by presenting Darwin's theories of evolution to high school students. Darrow was a published author and public speaker, promoting his personal convictions including freedom of expression and of association and opposition to capital punishment.

 

DICKENS, Charles, 1812-1870. Famous British author including such masterpieces as David Copperfield, Oliver Twist, A Christmas Carol, The Pickwick Papers, A Tale of Two Cities, The Bleak House and Great Expectations. His father was imprisoned for an unpaid debt causing a 12-year old Dickens to be forced from school and into a factory to work. At the age of 15, he became a clerk in a law office and began to report on law cases and the debates of Parliament. The Pickwick Papers (1836) was famously successful and thrust him in the limelight. Dickens used his money and fame to press for social changes to the real life misery of the London poor. He helped to establish a home for reformed prostitutes, argued for cleaning of the slums of London, education reform and improved sanitary controls. His bleak portrayal of a corrupt justice system in the book Bleak House (1853) has been called Dickens's masterpiece. Dickens visited Canada and the USA in 1842, causing a sensation.

 

DIXON, Owen, 1886-1972. Appointed to the High Court of Australia in 1929, and Chief Justice of Australia 1952-1964. In 1950, he was appointed United Nations mediator in a border dispute between India and Pakistan. On his retirement, the Australian Prime Minister (Sir Robert Menzies) remarked: "I have heard at least two Lord Chancellors [of England] give it as their opinion that your Honour was the greatest judicial lawyer in the English-speaking world, and I have heard that view confirmed by the most brilliant and celebrated occupant of the Supreme Court bench in Washington."

 

DRACO, 620 BC. This Greek citizen was chosen to write a code of law for Athens (Greece). The penalty for many offences was death; so severe, that the word "draconian" comes from his name and has come to mean, in the English language, an unreasonably harsh law. His laws were the first written laws of Greece. These laws introduced the state's exclusive role in punishing persons accused of crime, instead of relying on the bloody system of private justice. The citizens adored Draco and upon entering an auditorium one day to attend a reception in his honor, the citizens of Athens showered him with their hats and cloaks as was their customary way to show appreciation. By the time they dug him out from under the clothing, he had been smothered to death.

 

BECCARIA, Cesare Bonesana. (1764) Dei deliti e delle pene (Essay on Crimes and Punishments).

BENTHAM, Jeremy. (1789) Principles of Morals and Legislation.

BLACKSTONE, William. Commentaries on the Law of England.

BRACTON, Henry de. On The Laws And Customs of England.

 

 

ALFRED THE GREAT (849-899)

BARTON, Edmund (1849-1920)

BECCARIA, Cesare Bonesana (1738-1794)

BENTHAM, Jeremy (1748-1832)

BLACKSTONE, William (1723-1780)

BONAPARTE, Napoleon (1769-1821)

BRACTON, Henry de, (1215-1268)

CICERO, Marco Tullius (106-43 BC)

COKE, Edward (Sir; Lord), 1552-1634

DARROW, Charles (1857-1938)

DENNING, Alfred Thompson (1899)

DICKENS, Charles, 1812-1870

DIXON, Owen, 1886-1972

DRACO, 620 BC.

 

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Personal Notes

The philosophy of Buddhism has been a tremendous influence on the development of Asiatic law.

 

The Vinaya rules, the 227 laws of the Monkhood, must be the foundation on which the whole structure gets builds up. The fore-fathers must have followed the same logic, but with time, the new generations diluting the harshness in accordance to increasing social pollution.

Written around 08:40 am Wednesday, April 23, 2003

Revised around 08:50 am Wednesday, April 23, 2003

 

He decided to, in his own words, "gather the old laws of the Saxons together and commanded many of those to be written which our forefathers held, those which to me seemed good" thus putting an end to the discretionary and, at times, corrupt justice then meted out by local priests/judges.

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Published on internet: Friday, August 08, 2003

Revised: Tuesday, January 11, 2005

 

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“Thou belongest to That Which Is Undying, and not merely to time alone,” murmured the Sphinx, breaking its muteness at last. “Thou art eternal, and not merely of the vanishing flesh. The soul in man cannot be killed, cannot die. It waits, shroud-wrapped, in thy heart, as I waited, sand-wrapped, in thy world. Know thyself, O mortal! For there is One within thee, as in all men, that comes and stands at the bar and bears witness that there IS a God!

(Reference: Brunton, Paul. (1962) A Search in Secret Egypt. (17th Impression) London, UK: Rider & Company. Page: 35.)

Amen

 

 

 

 

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