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March16, 2004 - [India Thinkers Net]Court condemns misuse of PIL petitions >> |
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#1 The Statesman, March 14, 2004, Sunday Tribal prisoners yet to get benefit of law Our Legal Correspondent NEW DELHI, March 13. ??” At least 3,000 prisoners are still languishing in jails across Andhra??™s tribal heartland when they could have been free. Simply because the government forgot to extend the amended CrPC of 1973, which is more lenient than the previous law, to the state??™s scheduled and tribal areas. So even if a tribal has undergone a long period in remand as an undertrial it will not be offset against his final sentence. This beneficial provision doesn??™t exist in the CrPC of 1898. So apart from the time spent as an undertrial, tribal prisoners have to serve their full sentences imposed on conviction. Similarly, under Section 438 of the 1973 Code, a person can apply for anticipatory bail for a non-bailable offence. But not if the person lives in the tribal belt because the 1898 Act has no such provision. There are several other clauses in the old Act that are unfavourable to the accused. As per the old Act, whenever a presiding officer is transferred, trial has to be restarted all over again by recording evidence yet again. Whereas the 1973 Act provides that the incoming presiding officer can start from where the earlier officer let off. Again, Section 361 of the 1973 Act provides for special reasons to be recorded in cases where the Probation of Offenders Act and Children Act cannot be invoked. There is no similar clause in the 1898 Act. Moreover in the scheduled areas, proceedings are conducted by executive magistrates. These are promotee offiers and not as conversant with the legal procedure as a magistrate who has been appointed on the basis of his qualifications and experience. The matter came to notice when the state human rights committee drew the apex court??™s notice to the state of things. The state government, after a virtual tongue-lashing from the Supreme Court (coram, Khare, CJ, Sinha, Kapadia, JJ) did extend some provisions of the amended CrPC to these scheduled areas in an order passed on March 10, 2004. But not satisfied with this, the apex court at the last hearing of the case on Friday has directed that the state completely withdraw the controversial March 29, 1974, notification excluding these areas from the purview of the amended CrPC. ???Or else we will strike it down,??? the court warned. It also asked the amicus curiae in the matter, Mr P.P. Rao to draw up a list of such prisoners so that they could be awarded compensation by the state government. The court will deal with the matter next on 19 March. ------------------------------------------------------ #2 Frontline, Vol. 21, Issue 05, Feb. 28-March 12, 2004 THE TRUTH ABOUT THE TODAS ANTHONY R. WALKER On the origins, customs and changing lifestyle of the tribal community in the Nilgiris http://www.frontlineonnet.com/fl2105/stories/20040312000206600.htm --------------------------------------------- Confederation of Human Rights Organizations (CHRO) 3, Rams' Cottage Ambalathumukku, Pettah Thiruvananthapuram-695 024 (Ph.: 0471-2476262) Web: www.humanrightsindia.com www.humanrightskerala.com [Non-text portions of this message have been removed] |
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March16, 2004 - [India Thinkers Net]Court condemns misuse of PIL petitions >> |
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