A Journey from Udham Singh To Ram Mohammad Singh Azad

SHER SINGH (Sardar Udham singh )had lost his parents when he was just seven. At the age of eight, he and his brother were sent to an orphanage in Amritsar. Ten years later, in 1917, his brother passed away. The next year, after completing his matriculation, he left the orphanage only to witness the massacre at Jallianwala Bagh in 1919.

Very few have suffered greater tragedies than this 20-year-old. But why I am sharing this bit of history. Because this boy would give to himself a name that no Indian has ever had. And if names were the criterion for glory, I am not aware of a better name. He was born as Sher Singh, but when he was admitted to the Central Khalsa Orphanage in Amritsar, they renamed him Udham Singh. Later, Udham Singh would give himself a new name during the last years of his life.

Shortly after the massacre at Amritsar, he moved to the United States, where he was briefly associated with the Ghadar Party, and then returned to India. Arrested in India for possession of unlicensed weapons, Udham Singh was sentenced to five years in prison. After his release, he escaped from Punjab to Kashmir, and reached England via Germany. 

On March 13, 1940, he shot Michael O'Dwyer, who was the lieutenant governor of Punjab when the Jallianwala Bagh massacre took place. He, however, did not run away and instead offered himself up for arrest. That was the time for him to rechristen himself.

When asked to reveal his identity, Sher Singh, who had been renamed Udham Singh, announced his name as Ram Mohammad Singh Azad. By doing do, he identified himself with both Ram and Prophet Mohammad, while using Singh for his own faith. Azad stands for freedom, a ‘surname’ that was also used by Chandra Sekhar and Maulana Abul Kalam.

The child Sher Singh, who went on to become Udham Singh and later immortalised as Ram Mohammad Singh Azad 

Salute to him & everyone should know about his journey from udham singh to ram mohammad singh azad 🙏🏼

Stages in Criminal Cases

 Stages in Criminal Cases In India Under Criminal Procedure Code,

A. Pre-trial stage

B. Trial stage

C. Post-trial stage

Now, each stage having some steps to be fulfilled they are :

 

A. Pre-trial Stage

1 Commission of an offence (cognizable or non cognizable)

first we need to understand what is cognizable & non coginzable

Cognizable Offence:

A cognizable offence is an offence in which the police officer as per the first schedule or under any other law for the time being in force, can arrest the convict without a warrant and can start an investigation without the permission of the court. Cognizable offences are generally heinous or serious in nature such as murder, rape, kidnapping, theft, dowry death etc. The first information report (FIR) is registered only in cognizable crimes.

Under section 154 Criminal Procedure Code (CrPC), a police officer is bound to register an FIR in case of a cognizable crime

Non-Cognizable Offence:

A non-cognizable offence is the offence listed under the first schedule of the Indian Penal Code and is bailable in nature. In case of a non-cognizable offence, the police cannot arrest the accused without a warrant as well as cannot start an investigation without the permission of the court. The crimes of forgery, cheating, defamation, public nuisance, etc., fall in the category of non-cognizable crimes.

2. A. Information to police.

B. Complaint to magistrate. 

A. Information to police :

a. Information of cognizable offence.

b. Information of non cognizable offence.

a. Information of cognizable offence :

Under Section 154 of the Code of Criminal Procedure, a FIR or First Information Report is registered. FIR puts the case into motion. A FIR is information given by someone (aggrieved) to the police relating to the commitment of an offense.

b. Information of non cognizable offence :

In case of non cognizable offence N.C.R (non cognizable report) is registered by police under section 155 of Cr.P.C. but the police cannot start investigation or arrest the accused without the order of a Magistrate having power to try such case.

B. Complaint to magistrate - Section 2 (d) of the Code of Criminal Procedure defines the term 'complaint as any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. On receipt of a complaint a Magistrate has several courses open to him.

He may take cognizance of the offence and proceed to record the statements of the complainant and the witnesses present under Section 200, Cr Thereafter if in his opinion there is no sufficient ground for proceeding he may dismiss the complaint under Section 203, Cr PC. If in his opinion there is sufficient ground for proceeding he may issue process under Section 204, Cr PC.

However, if he thinks fit, he may postpone the issue of process and either inquire into the case himself or direct an investigation to be made by a police officer or such other person as he thinks fit for the purpose of deciding whether or not there is sufficient ground for proceeding (Section 202, Cr PC).

He may then issue process if in his opinion there is sufficient ground for proceeding or dismiss the complaint if there is no sufficient ground for proceeding.

3. Investigation by Police :- Police conduct investigation for

1)  For collection of evidence;

2)  Interrogation statement of accused;

3) Statement of witnesses;

4)  Scientific analysis / opinion if required. During this time, at any stage decided by investigating agency, accused persons can be arrested.

In case of cognizable offence police can start investigation after the registration of FIR, no prior approval of magistrate is necessary. But in case of non cognizable offence, prior approval of magistrate is necessary to start investigation.

4. Anticipatory Bail :- Upon registration of FIR for cognizable criminal offence the accused may make an application for anticipatory bail in session court or high court. If anticipatory bail is granted then the accused cannot be arrested. If anticipatory bail is rejected then the accused can be arrested without warrant.

5. Arrest of the Accused :- In case of cognizable offence police can arrest the accused without warrant. However in case of non cognizable offence prior approval of magistrate is necessary.

6. Production of accused to magistrate :- Within 24 hours of the arrest the accused shall be produced before a magistrate having jurisdiction to try such cases.

7. Remand :- Whenever an accused is arrested for any offence and police cannot complete investigation within 24 hours then such person is produced before a magistrate for seeking extension of police or magisterial custody.

8. After investigation is completed:- If investigating agency feels a prima facie case is made out, charge sheet is filed in Court through the public prosecutor. If police feels that no prima facie case is made out, a final report filed in Court.

9. Cognizance of Offence by Magistrate :- After filling of charge sheet the next stage is taking cognizance of offence by magistrate under section 190 of the Criminal Procedure Code. In the language of the Hon'ble Apex Court employed in its earliest decision R.R.Chari v. State of U.P AIR 1951 SC 207 “taking cognizance does not involve any formal action or indeed action of any kind but occurs as soon as a Magistrate as such applies his mind to the suspected commission of offence"

10. Service of summons/warrant to accused and Process to compel appearance under chapter 6 of Cr.P.C.

11. Appearance of accused before court & engagement of advocate.

12. Filing bail application/ furnishing surety.

13. Decision is taken by the Court after hearing the public prosecutor and the counsel for defence:

A. On question of Charge sheet:

a. Court can reject charge sheet, in which case the accused is discharged. Or,

b. Court can accept that a prima facie case is made out, frame the charges, and post the case for trial. Case goes to next stage.

a. Court can accept the final report- case is closed and accused is discharged. Or,

b. Court can reject the final report, and direct the police to further investigate the case. Case goes back to the Stage of investigation. Or, c. If the Court direct the case to be posted for trial. Case goes to next stage.

14. Framing Of Charge :- After considering the police report and other important documents the accused is not discharged then the court frames charges under which he is to be trialed.

 

15. Conviction on plea of guilty :- If the accused pleads guilty, the court shall record the plea and may, at discretion convicts the accused.

16. If the accused pleads not guilty. Case is posted for trial.

B. Trial stage

17. Commencement of trial - Generally speaking trial of a case commences when the case is posted for examination of witnesses. Trial may be -

a. Sessions trial

b. Warrant trial

c. Summons trial

d. Summary trial

18. Prosecution evidence:- After the charges are framed, and the accused pleads guilty, then the court requires the prosecution to produce evidence to prove the guilt of the accused. The prosecution is required to support their evidence with statements from its witnesses. This process is called "examination in chief". The magistrate has the power to issue summons to any person as a witness or orders him to produce any document.

19. Statement of the accused:- Section 313 of the Criminal Procedure Code gives an opportunity to the accused to be heard and explain the facts and circumstances of the case. The statements of accused are not recorded under oath and can be used against him in the trial.

20. Defence evidence:- An opportunity is given to the accused in a case where he is not being acquitted to produce so as to defend his case. The defense can produce both oral and documentary evidence. In India, since the burden of proof is on the prosecution the defense, in general, is not required to give any defense evidence.

21. Final Arguments:- Public Prosecutor and the defence counsel present their arguments.

22. Judgment and sentence by the Court:- The final decision of the court with reasons given in support of the acquittal or conviction of the accused is known as judgment.

23. Arguments on sentence:- When the accused is convicted, then both sides are invited to give arguments on the punishment which is to be awarded. This is usually done when the person is convicted of an offense whose punishment is life imprisonment or capital punishment.

However when the sentence is pronounced in a summons case, the parties need not argue on the amount of punishment given. The sentence is the sole discretion of the judge.

24. Judgment of Court passing sentence:- After the arguments on sentence, the court finally decides what should be the punishment for the accused. While punishing a person, the courts consider various theories of punishment like reformative theory of punishment and deterrent theory of punishment. Court also considers the age, background and history of an accused and the judgment is pronounced accordingly.

C. Post-Trial Stage

25. Appeal (within specified period of limitation)/Revision :- Appeal can be filed by party aggrieved by judgment on acquittal / conviction /sentence. On notice being issued to the opposite parties, arguments are placed before Appellate court by defence counsel and the public prosecutor. Or,

Revision Application :

Where there is right of appeal provided but no appeal was filed then in its discretion the Sessions Court or the High Court can entertain a revision to prevent miscarriage of Justice occurred by the orders of the lower court.

26. Judgment of the Appellate Court or Court having revisional jurisdiction.

27. Execution of Sentence.

EVIDENCE AS PER INDIAN LAW

 What is Evidence under Indian Evidence Act,

Evidence is  that which tends to prove or disprove something; ground for belief OR proof. 
every case depends upon evidence, without evidence no lawyer can prove the case in favour of his  client

There are various types of evidences under the Indian Evidence Act, 1872. These are mentioned below-

1) Oral Evidence

2) Documentary Evidence

3)Primary Evidence

4) Secondary Evidence

5) Real Evidence

6) Hearsay Evidence

7) Judicial Evidence

8) Non- Judicial Evidence

9) Direct Evidence

10) Indirect Evidence or Circumstantial Evidence

11) Forensic Evidence

12) Digital Evidence

These are elaborated below-

1) Oral Evidence–  Section 60 of the Indian Evidence Act explains Oral Evidence. Oral Evidences are those evidences which are personally seen or heard by the witness giving them and not heard or told by some one else. All the statements which are permitted by the court or the court expects the witness to make such statements in his presence regarding the truth of the facts, are called as Oral Evidences.

Oral evidences must always be direct. An Evidence is direct when it establishes the main fact in issue.

2) Documentary Evidences –  are defined under section 3 of the Act. All those documents which are presented in the court for inspection regarding a case, such documents are known as documentary evidences.

3) Primary Evidence – Section 62 of the Indian Evidence Act defines Primary Evidence. Primary evidences are the most superior class of evidences. These are those evidences which are expected by the law and admissible and permissible at the first place. These are those evidences which in any possible condition gives the vital hint in a disputed fact and establishes through documentary evidence on the production of an original document by the court.

4) Secondary Evidences – are defined under section 63 of the Act. These are those evidences which are entertained by the court in the absence of the Primary evidences. Therefore it is known as secondary evidences.

5) Real Evidences – Real evidences are those evidences which are real or material evidences.  Real evidence or proof of a fact is brought to the knowledge of the court by an inspection of a physical object rather than by deriving an information by a witness or a document.

6) Hearsay Evidences –  Hearsay evidences are the ones which the witness has neither personally seen nor heard, nor has he percieved through his senses, but are those which have come to his knowledge through some other person. These are the most weak category of evidences.

7) Judicial Evidence – Judicial evidences are those which are given before the magistrate in the court. For example-  a confession made by the accused before the magistrate in the court is an Judicial Evidence.

8) Non- Judicial Evidence –  Any confession made by the accused outside the court and not in front of the magistrate but in the presence of some other person are termed as Non- Judicial evidences.

9) Direct Evidence –  Direct evidences are those evidences which establishes a fact. The best example of a direct evidence would be statement or confessions made by the witnesses.

10) Indirect or Circumstantial Evidence –  Circumstantial or indirect evidence are the ones which attempts to prove the facts in dispute by providing other facts. Circumstantial evidences are not definite proof. they only provide a general idea as to what occurred at the  crime scene

11) Forensic Evidence -Forensic Evidence is scientific evidence, such as DNA, trace evidence, fingerprints or ballistics reports, and can provide proof to establish a person’s guilt or innocence. Forensic evidence is generally considered to be strong and reliable evidence and alongside helping to convict criminals, its role in exonerating the innocent has been well documented. The term “forensic” means “for the courts”. Its use in workplace investigations is generally limited to serious cases that may end up in court.

12) Digital Evidence-Digital evidence can be any sort of digital file from an electronic source. This includes email, text messages, instant messages, files and documents extracted from hard drives, electronic financial transactions, audio files, video files. Digital evidence can be found on any server or device that stores data, including some lesser-known sources such as home video game consoles, GPS sport watches and internet-enabled devices used in home automation. Digital evidence is often found through internet searches using open source intelligence

PRENUPTIAL/PREMARITAL Agreements may be India's future law

what is Prenuptial agreement or premarital agreement ?

A prenuptial agreement is a contract between two individuals who are about to get married, outlining the state of finances and personal liabilities in case the divorce .

 

 is Prenuptial agreement or premarital agreement  valid in India ?

In India, no one thinks of divorce a time of solemnizing of a marriage,in India  premarital agreements are neither legal, nor valid under the laws of marriage because they do not consider marriage to be a contract. A marriage is considered as a religious bond between spouses and prenuptial agreements do not gain social acceptance. in India Prenups are considered against public policy. It cannot be valid according to Indian Contract Act, 1872 Section 23 which states:

“The consideration or object of an agreement is lawful, unless – it is forbidden by law; or is of such nature that, if permitted, it would defeat the provisions of any law; or is fraudulent; or involves or implies injury to the person or property of another or; the Court regards it as immoral, or opposed to public policy.

In each of these cases, the consideration or object of an agreement is said to be unlawful. Every agreement of which the object or consideration is unlawful is void.”

. It is governed by law of contract and not by Hindu Marriage Act or any other statute relating to marriages or personal laws. The provisions of Section 10 of the Indian Contract Act, 1872 would apply to the contract as it would to any other type of contract in order for it to be valid.

various High Courts has ruled that prenuptial agreements are non-executable and invalid.

countries where prenuptial agreements are legal.

 Finland, France, Greece, Portugal, Spain, South Africa, Sweden, Russia, Taiwan, Thailand,Australia, Canada, Brazil, China and the United States Virgin Islands have made prenuptial agreements enforceable in their countries.

essentials  of the agreements ?

The countries that have legalized prenuptial agreements have rules and regulations that govern the legality and enforceability of the agreements. essentials  of the agreements are:

a) A prenuptial agreement must be in writing. Oral prenups are not valid.

b) The agreement should be mutually agreed upon and duly acknowledged by both parties.

c) Consent of the parties should be free of undue influence, fraud, misrepresentation, or cohesion. A prenup signed a day before marriage can be invalidated by the court.

d) Both parties should sign with proper legal representatives, preferably in front of witnesses or notary.

e) The clauses in the agreement should be reasonable. It means that both parties should be benefited equally.

Why Prenuptial agreement may be India's future law?

As divorce litigation is rising in India day by day, with one matrimonial dispute comes along with number of cases in courts like maintenance 125 crpc, sec 9,divorce 13 hma, domestic violence case,child custody and other cases with regards injunctions or etc. 

where as  Prenuptial agreement can help protect the interest of the parties and save both from any unforeseen circumstances and ugly divorces and unwanted litigation . One of the most important advantages of prenup is that it forces couples to have a financial discussion before the marriage. Some of the other reasons are listed below for opting for prenup:

1. facing expensive litigation  during divorce settlements can add to the financial drain of the party. The prenup saves both the parties from expensive litigation.

2. A prenup can save both the parties from carrying on each other’s financial obligations post marriage.

3. The properties owned by the parties can be divided peacefully during divorce proceedings through a prenup. It reduces uncertainty of division of property at the time of separation.

4. The alimony or maintenance is not calculated by the Court but is decided by the parties in the prenup.

5. It reduces the chances of appeals in the court as both have already safeguarded their interest through the agreement

as there is rise Indian divorce litigation soon India could opt this law in future  

Guidelines & Law related to POLICE ENCOUNTER

Police Encounters are also known as Encounter killings" or "retaliatory killings" or "extra-judicial executions"

 . The defense given by Police to justify such encounters is that it was done or carried out in their own self defense. The defense of encounter killing is only available to Police. On the contrary private defense is available to all citizens to confront with situations of grave danger to their life. Indian Penal Code (IPC), contains provisions related to private defense (Sections 96 to 100).

SUPREME COURT , in "PUCL vs State of Maharashtra AIR 2014" laid down guidelines and standard procedure to investigate a Police encounter. The Guidelines which were laid down are as follows:

1. Whenever any Police Department receives any substantial information or tip regarding any grave criminal offence it must always be recorded in written or electronic form. Although it must not contain the details of the alleged accused or his/her location.
2. Investigations of such encounters should be done in a transparent manner. It could be done by an independent Criminal Investigation Department (CID) team or by a team of another Police station under the supervision of Senior Officer.
3. Reports of all such encounters must without any delays should be sent to a Judicial Magistrate.
4. It is the duty of Police officers to inform National or State Human Right Commissions as the case may of any such encounters.
5. In such cases of encounters there should be no delay in sending First Information Report (FIR), panchnamas, and Police diary entries to the concerned court for investigation.
6. The dependants of the accused/ criminal must be informed immediately of such encounter.
7. In such cases of encounters a request for grant of compensation to the dependents of victim must applied as per the provisions of Section 357-A of the Code of Criminal Procedure.
8. The Police officers who was involved in such encounters must surrender their weapon for forensic and ballistic examination.
9. No promotional or gallantry awards must be given to the Police officers immediately after such encounters.
10. If the dependents of the accused/criminal thinks fit that the above laid procedure has not been followed then they can file a complaint with the Sessions Judge.

BLACK Lives Matter -CASE STUDY OF AFRICAN NATIONAL IN INDIA

  A Case was  taken up for hearing on 12-06-2020 at punjab & haryana high court through video conferencing due to the pandemic of COVID-19. 

Investigating  police officer had  to produce recovery memo and all other prima facie evidence collected by him, in the court. 

 while in court proceedings hon'ble justice RAJIV NARAIN RAINA  finds the term 'Nigro' used while referring to an African national in the challan papers ( charge sheet) presented  before the trial court in an NDPS case.  

Hon'ble court observes & orders

 This is a highly offensive word across the globe and no one has any business to use it, and much less the police. Hence, it is directed never to use the unprintable word in any police document including in challans(charge sheet) or anywhere else on case papers including in investigation reports. This brings shame to India and hatred for the country. The police appears to have assumed that every black is a drug peddler and should be treated as such. This is terrible thinking. 

5. The Director General of Police, Punjab is requested to consider the entire issue and notify instructions in this regard to the police force calling upon them never to use the offensive term 'nigro' orCRM-M-13502-2020 2 'negro' while referring to “black” persons in case papers. They deserve the dignity and respect in a foreign land as visitors or students in India from Africa temporarily living in our country, which prides itself of many peoples of all colours of the skin ranging from white to black and aboriginal. This has nothing to do with investigation or crime.

 6. Therefore, the investigating officers and the police officials that record FIRs be immediately sensitized and warned on the issue by ensuring that no person should be looked down upon on the basis of the colour of his/her skin. All Africans are our friends and when they come to India either as visitors or students they are our valuable guests and we should be reminded that India is rich in its traditions of 'mehman nawazi' and 'attithi sanskar/satkar' and prides itself on this. They should simply be referred to by the country of their origin in case papers.

 7. Mahatama Gandhi was politically nurtured in South Africa for two decades pioneering the apartheid movement and fighting against colour discrimination and for freedom against black laws as he did for ours in different ways in the freedom struggle, and he counted many friends from amongst those people. Let us follow that inspiring precept and pay due respect to each other and other people. We are, professedly, a tolerant sub-continent of “browns” in all its shades, but more often than not, display a perverted and primitive mind-set looking down on others without looking within ourselves. For many centuries we have been slaves. Freedom does not lend its wings to our countrymen to flyanywhere they wish and in any manner they like and abuse foreigners on the street calling them 'kalla'. To the contrary, freedom teaches love for human dignity and respect for fellowman.

 8. This aspect needs to be corrected by sanction of the law by ordering strict action against the policemen who indulge in this character assassination based on physical features, investigation of crime apart, investigation which should be non-aggressive in the search for truth and commission of cognizable offences. This is socially unacceptable but what can one expect from an uneducated and insensitive constabulary, as in this case. The pernicious practice should be stopped forthwith and the police commanded on pain of disciplinary action never to address anyone by that description, forget about writing it down in official papers of permanent State record. . 

ABOVE WRITTEN IS COURT'S ORDER& OBSERVATION .WHAT ABOUT GENERAL PUBLIC? IS SOCIETY  AWARE OF WORD NIGRO ? IS SOCIETY  READY TO GIVE EQUAL RESPECT TO EACH & EVERY MEMBER OF SOCIETY ?

LETS TAKE PLEDGE TO REMOVE THIS EVIL OF SOCIETY LETS PLEDGE TO RESPECT EACH & EVERYONE IRRESPECTIVE  OF CAST ,COLOUR & RELIGION 

REGARDS : SHASHIVEER SHARMA ADV.

..

Trial of Saheed Bhagat Singh (a case that you should know )

Bhagat Singh At the age of 23, Bhagat Singh was hanged on 23 March 1931 along with revolutionaries Rajguru and Sukhdev.

Now, it has surfaced that his sentence was pronounced by the court, which did not have the approval of the legislature for its constitution. The death warrant issued for Bhagat Singh, Sukhdev and Rajguru was invalid. And, the trial violated the principle of natural justice.

WHY BHAGAT SINGH FACED TRAIL ?

Bhagat Singh and Batukeshwar Dutt threw bombs in the Central Legislative Assembly on 8 April 1929 in protest against the  Public Safety Bill. He also threw out some handwritten sheets to illustrate his demands.

It was a low-intensity bomb that was not intended to kill or injure any member of the Legislative Assembly. As soon as the explosion occurred, Bhagat Singh and BK Dutt stood there and later surrendered themselves to the police.

The trial began on 7 May before the British Magistrate BP Pool. Bhagat Singh and BK Dutt were represented by Advocate  Asif Ali, a member of the Indian National Congress, while public prosecutor Rai Bahadur was Suryanarayana. Stating that Bhagat Singh and BK Dutt "hurled bombs with the intent to kill or injure King Majesty's subjects", the judge framed the charges and presented the two revolutionaries to the Sessions Court under British Judge Leonard Middleton.

Some of the questions asked in court were:

Judge: ‘Were you present in the Assembly on the 8th of April, 1929?”

Bhagat Singh: ‘As far as this case is concerned, I feel no necessity to make a statement at this stage. When I do, I will make the statement.”

Judge: ‘When you arrived in the court, you shouted, “Long Live Revolution!”. What do you mean by it?’
then asif ali lawyer  of bhagat singh objected the question  and objection was sustained 



The two revolutionaries refused to cooperate in the trial, sparked by a false allegation by the police that Bhagat Singh opened fire in the Legislative Assembly. Bhagat Singh carried the pistol to the Central Hall but at the time of his arrest he handed it over to the police. Despite this, the court convicted him and sentenced him to life (14 years).

ANOTHER TRAIL FACED BY BHAGAT SINGH( LAHORE CONSPIRACY CASE)

But the British government was not satisfied with this alone. Bhagat Singh was linked to another case - the murder of British police officer John P. Saunders and head constable Chanan Singh. The police found their case based on similarities in the handwriting of leaflets thrown by Bhagat Singh in the Assembly Chamber and those found after the killing of Saunders at various places in Lahore.

This case is known as Lahore Conspiracy Case. Bhagat Singh, Sukhdev and Rajguru were prosecuted for the murder of Sanders and Chanan Singh. The trial in the Lahore Conspiracy Case started in Borstal Jail and was heard by first class Magistrate Pandit Shri Kishan, who was later conferred the title of Rai Sahab by the British Government.

HUNGER STRIKE IN JAIL BY BHAGAT SINGH, 

Kureh Khak hai Gardash main Tapash si Meri , Main Voh majnu huan Jo Jindan main Bhee Azad Raha sher written by -Saheed Baghat Singh in jailgh in jail

Meanwhile, Bhagat Singh and his colleagues started a hunger strike to protest the prisoners' living conditions in the jail. He and other revolutionaries refused to cooperate with the trial, which did not progress much after the framing of charges against him, despite the fabricated witnesses, the accused-confessors and the evidence leveled.

The British government was losing patience as Bhagat Singh's popularity was increasing despite being in prison. On May 1, 1930, Viceroy Lord Irwin promised an ordinance to set up a special tribunal to conduct the hearing of the Lahore Conspiracy Case.

On 7 October, three weeks before its term ended, the tribunal convicted Bhagat Singh, Sukhdev and Rajguru for the murder of Saunders and Chanan Singh.

WHY CONVICTION WAS ILLEGAL 

The entire case against Bhagat Singh was flawed. The FIR lodged in the murder of Saunders did not name the "two unknown" accused. Bhagat Singh was not named as an accused or suspect in the FIR. Even later his name was not added. It was only after the trial in the bomb case started that the British police linked him to the Lahore conspiracy case.

The ordinance that was brought to set up a tribunal to hear the Lahore Conspiracy Case never got the legislature's approval. Its period expired after the tribunal convicted Bhagat Singh. Under the provisions of the 1935 Act, an ordinance was required to procure the approval of the legislature.

The death warrant issued by the tribunal expired before being executed by Bhagat Singh, Sukhdev and Rajguru. The death warrant on which they were executed was not issued by the trial court, as the ordinance ended in its existence and did not receive legislative approval. Under the law, only the trial court was empowered to issue a death warrant. The death warrant thus issued and executed was invalid.


The trial against Bhagat Singh, Sukhdev and Rajguru declined the natural principle of justice. The accused were never presented before the tribunal. His defense was not heard. The defense counsel was not allowed to cross-examine approximately 450 prosecution witnesses. Only those witnesses who were allowed to cross-examine by defense counsel

A LAW THAT EVERY WORKING WOMAN SHOULD KNOW (Sexual Harassment At Workplace)

Sexual Harassment At Workplace 

usually one approach the court for own interest but there are some case which were beneficiary for   the whole nation. out of those cases one case was banwari devi case or vishakha case. this case forced Indian parliament pass the law against sexual harassment  at workplace .
  BUT Prior to the Visakha Guidelines, the workplace was dangerous for many women, especially in the case of sexual harassment. In 1992, Bhanwari Devi was gang-raped by upper caste men in her village as she tried to raise her voice against child marriage. Her vagina  swab was taken from her body 48 hours after the incident due to gross negligence. Ideally, this should be done within 24 hours. Shockingly, the judge presiding over his case (this was the seventh judge after the six others were removed) acquitted the accused, even stating, "Since the perpetrators were upper caste men , so rape could not happen. " This happened because Bhanwari was from a lower caste. After the acquittal over the acquittal, Visakha and some other women's groups filed a public interest litigation against the state of Rajasthan and the Union of India, forcing the latter to adopt Visakha guidelines, which now protect the working Women all over the country.

The Supreme Court had  made it compulsory for every state, union territory and regulatory body to implement a legal mechanism for implementing the guidelines issued in the 'Visakha' case, allowing employers to prevent sexual harassment. To realize and ensure this. Women at their workplaces.

A three-judge bench of the Supreme Court clarified that the guidelines issued in the Visakha case should be implemented not only in form but also in substance to ensure a safe and secure place and environment for a woman. Could. His workplace. The bench also states that there is a lack of a law and proper mechanism to address complaints of sexual harassment of women, such as women doctors / nurses or architects and even domestic workers and in other cases, because often Women are victims of sexual harassment. Often reluctant to accept it due to some social stigma / fanaticism, they think that it affects their dignity and respect in society.

Sexual harassment at workplaces is an expression of the continuing gender discrimination in society that is rarely recognized. The bench has also stated that if there exists a case for modifying old acts and bringing in new laws to protect women from indecency, humiliation and humiliation occurring in their workplaces, homes and other places, it would certainly Will react To educate girls and women in all fields and protect them from violence in all forms (eg domestic violence, sexual harassment at work); latter on  law was enacted by the Parliament namely Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 .

KNOW THE EXACT LAW OF SEXUAL HARASSMENT

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

 WHAT IS SEXUAL HARASSMENT AS PER LAW?

AS PER LAW OF 2013 SEXUAL HARASSMENT INCLUDES:

• .Sexually suggestive remarks or innuendos; serious or repeated offensive remarks; .inappropriate questions or remarks about a person’s sex life
• .Display of sexist or offensive pictures, posters, MMS, SMS, WhatsApp, or emails
• Intimidation, threats, blackmail around sexual favours; also, threats, intimidation or retaliation against an employee who speaks up about these
• Unwelcome social invitations with sexual overtones, commonly seen as flirting
• Unwelcome sexual advances

According to the LAW, “unwelcome behaviour” is experienced when the victim feels bad or powerless; it causes anger/sadness or negative self-esteem. It adds unwelcome behaviour is one which is “illegal, demeaning, invading, one-sided and power based”.

The Act specifies five circumstances that amount to sexual harassment. These are:

• Implied or explicit promise of preferential treatment in her employment
• Implied or explicit threat of detrimental treatment
• Implied or explicit threat about her present or future employment status
•  Interference with her work or creating an offensive or hostile work environment
• Humiliating treatment likely to affect her health or safety.

Who is an ‘aggrieved woman’ as per the Act?

According to the Handbook on Sexual Harassment of Women at Workplace, the Act recognises the right of every woman to a safe and secure workplace environment “irrespective of her age or employment/work status”. Any woman coming to any workplace “whether in the capacity of regular, temporary, adhoc, or daily wages basis” is protected under the Act.

It further says such women can be “engaged directly or through an agent including a contractor, with or without the knowledge of the principal employer”; they may be working for remuneration, or on a voluntary basis, a contract worker, probationer, trainee, apprentice, or called by any other such name.

The identity of the woman, respondent, witness, any information on the inquiry, recommendation and action taken, cannot be made public, as per the Act.

How to file a complaint of sexual harassment at workplace?

The 2013 Act says the aggrieved woman may make, in writing, a complaint of sexual harassment. However, a written complaint is not mandatory. If she cannot give a written complaint, the Act says, any member of the ICC “shall” render “all reasonable assistance” to her for facilitating it. Also, if the woman is unable to make a complaint citing “physical or mental incapacity or death or otherwise”, her legal heir may do so.

Time-frame for making a complaint to ICC

According to the Act, the complaint of sexual harassment has to be made “within three months from the date of the incident”. If such incidents have taken place over a time, the complaint should be made within three months from the date of the last incident. However, the ICC has the discretion to “extend the time limit” if “it is satisfied that the circumstances were such which prevented the woman from filing a complaint within the said period”. The ICC needs to record these reasons to exercise the right.

after a complaint is made?

Once a complaint is made, the ICC can offer conciliation under Section 10 of the Act. Before starting an inquiry, the ICC may “at the request of the aggrieved woman, take steps to settle the matter between her and the respondent though conciliation”. It is to be seen, however, that “no monetary settlement shall be made as a basis of conciliation”.

If conciliation is not an option, the ICC may straightaway forward the complaint to the police under RELEVANT SECTIONS OF IPC (word, gesture or act intended to insult the modesty of a woman) . Or, it can start its own inquiry and complete it within 90 days.

Enjoying powers similar to those of a civil court, the ICC can summon and examine any person on oath, can ask for production of related documents before it. During the inquiry, if the woman makes a written request, the ICC “may” also recommend her transfer, a three-month leave, or any other relief it deems fit. Once the inquiry is over, the ICC is to provide a report to the employer within 10 days, making available a copy of it to the victim too.

What happens after the ICC report?

If the ICC finds the allegations true, it will recommend to the company to take action against the accused for misconduct “in accordance with the provisions of the service rules”. In case the company does not have service rules, the recommended action may include disciplinary action, including a written apology, reprimand, warning, censure; withholding promotion/ pay raise/ increment; termination of service; counselling; community service.

The ICC can also recommend financial damages to the complainant. The amount can be decided taking into consideration “mental trauma, pain, suffering and emotional distress caused”, medical expenses incurred, loss of career opportunity, and income and financial status of the respondent.

Once the ICC furnishes its recommendations, the aggrieved woman or the respondent can challenge the report in a court of law within 90 days.

What happens to the ‘victim’ if her complaint is found to be false?

Section 14 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act deals with false complainant. If the ICC finds the complaint to be false, the Act says, it may recommend action against the woman or the person who has made the complaint. The Act, however, makes it clear that “a mere inability to substantiate a complaint or provide adequate proof need not attract legal action. Also, no action can be recommended against the complainant unless an inquiry establishes malicious intent on part of the complainant.