A tale of two judgements - How the Supreme Court of India treats citizens

Recently the Supreme Court of India(SC), gave two judgements, which got lot of media attention.
The first was about SC dismissing a writ petititon against Congress Leader and son of Sonia Gandhi, Mr.Rahul Gandhi. The judgement is uploaded here.
http://www.ndtv.com/article/india/rape-allegations-defamed-rahul-gandhi-says-supreme-court-cbi-may-explore-foreign-angle-281606

The other news was about SC quashing a case against a man's sister and her husband, on false allegations. The judgement is uploaded here.
http://articles.timesofindia.indiatimes.com/2012-10-26/india/34748987_1_dowry-case-fir-apex-court

The first case, was an appeal to an order of Allahabad High Court, imposing a fine and dismissing the petition filed by an ex-MLA of Samajwadi Party, alledging Rahul Gandhi of a rape. The SC has used the choicest words of legal abuse to dismiss the appeal. Never ever had been so many abuses hurled in a single judgement. The SC decreased the monetary fine imposed by Allahabad HC but still maintained a fine of Rs.10 lac, which is exemplary.  SC said, the case "was based upon falsehood, was abuse of the process of court and was driven by malice" ....... "Courts  have,  over  the  centuries,  frowned  upon  litigants who, with intent to deceive and mislead the Courts, initiated proceedings without full disclosure of facts and came to the courts with ‘unclean hands’.   Courts have held that such litigants are neither entitled to be heard on the merits of the case nor entitled to any relief. " ...  "A litigant who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands is not entitled to any relief, interim or final." ...... " To enable  the  courts  to  ward  off  unjustified  interference  in  their working,   those   who   indulge   in   immoral   acts   like   perjury, prevarication  and  motivated  falsehood,  must  be  appropriately dealt  with." and more such observations were made.
 
In the second case, an appeal was filed by a man's sister, since his wife, had implicated her in a false dowry case. The complaint was filed with malafide intention. The wife had got divorce, and still filed a false case of harassment against her ex-husband and his family members. The sister had approached Allahabad High Court, which rejected her plea. However in this case, despite acknowledging that the complaint was totally false, the language in the judgement is very mild. The court doesn't lashes out the complainant for  lodging a false complaint. In fact the overall language of the judgement is very cautious. Despite having dealt with numerous such cases of false complaint by wives, the court was hesitant to utter even a single word against the complainant. All the enthusiasm it had shown in the earlier case, suddenly vanished.

This does raises the obvious questions, like, Why did the language of SC suddenly lost its sting ? Why no action was taken against the wife for lodging false complaint ? Not even a single rupee of fine. Does SC thinks that the relatives of husband don't have any honor ?

More sick is the attitude of Allahabad HC, which clearly showed a favorable bias in the first case.

People who expect justice from courts, are surely very naive, or just trying to get lucky.

4 comments:

  1. I agree with this. Even judges also distinguish between powerful leaders and poor citizen. Biased approach is everywhere in our legal system. Specially men are treated like dogs and scrupulous lady/ powerful leaders/high profile people only get favors from our judges and police.

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  2. If court had been taken some strong action , such mususe had never happened, and the the same need of housre when goverment is sleeping.

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  3. This is what WCD and NCW has tought to all duing this course of time.....I remember that on SCW od Maharashtra in one of their published report clearly stated that they have established the Family Courts for the distress women.....now the very first point comes to my mind is that does Family Consists only of Women...are there no MEN in Family. I wont say that MEN is treated like animal..because atleast Animals have their rights...they are under the umbrella of Ministry. What about MEN..
    ????????

    Further I think that these Judges are thought to be biased during their course of training...

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  4. Absolutely True.

    The Fountain of Justice seems to be loving only Gender Biased law and also the valve of control for this Fountain seems to be under the hands of Politicians.

    Wonder if the Constitution of India has been re-written.

    In both the cases, there is a clear abuse of the process of law and absolute misuse of the state machinery. While in the second case, the accused had to travel the tough path of complete Trial Court, Police Proceedings before they took the route of 482.

    But then, everyone seems to have forgotten that the water of the fountain flows using same tax payers money who are taxed using their money and are innocents by funding organizations who work ONLY TOWARDS spreading male hatred and bringing up such biased laws.

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