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Lawyers’ strike paralyses Delhi’s district courts

January 7th, 2009 - 8:35 pm ICT by IANS ( 4 comments )

New Delhi, Jan 7 (IANS) Work in five district courts of the capital was paralysed Wednesday as lawyers went on strike demanding repeal of an amendment to the Code of Criminal Procedure (CrPC).“There was a complete strike in all district courts. Advocates have not appeared in court cases listed for Wednesday while the courts have adjourned matters to next dates,” Delhi Bar Association president Rajiv Khsosla said.

The decision to go on strike at the courts at Patiala House, Tis Hazari, Karkardooma, Rohini and Dwarka was taken Tuesday at a meeting of the co-ordination committee of all bar associations of New Delhi.

The amendment to the CrPC gives the police freedom to use their discretion on whether to arrest an accused in offences punishable with jail terms of up to seven years.

Section 41 of the CrPC lays down certain conditions on the police for arresting a person accused of committing a cognisable offence that carries imprisonment up to seven years.

The amendment proposes that the police officer may, instead of arresting the person concerned, issue a notice of appearance, asking him to cooperate in the probe.

No arrest will be made in a non-cognisable offence except under a warrant or order of a magistrate. The reasons for arrest should be sound and recorded in writing by the police officer, the amendment proposes.

Where such a notice is issued to any person, it shall be the duty of that person to comply with it and arrest can be made only if the person fails to do so.

The lawyers said the new amendments would result in encouraging corruption among the police officers at whose discretion arrests would be executed.

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4 Responses

  1. Ram Balak Says:

    Where were these lawyers’ when 1,23,000 women were arrested in false 498a cases in india that too without investigation?
    —- I can understand that they are protesting as bail industry in nothing less than 700 crores per annum due to these arbitariry and mandatory arrest.
    —- I can understand why these lawyers wants people to be arrested without reason and justification that these CRPC ammendments are talking about.
    —- CrPC ammendments only talks about giving reasons/ justification to arrest a person, what is wrong in it?

    - i fail to understand that why media is not making this point.

    Thanks,
    Ram Balak

  2. Ram Balak Says:

    (IANS) Work in five district courts of the capital was paralyzed Wednesday as lawyers went on strike demanding repeal of an amendment to the Code of Criminal Procedure (CrP

    C).“There was a complete strike in all district courts. Advocates have not appeared in court cases listed for Wednesday while the courts have adjourned matters to next dates,” Delhi Bar Association president Rajiv Khosla said.
    ——- Why Supreme Court is not taking action against these advocated?
    —— Why Supreme Court is not initiating contempt of court proceedings against these lawyers are abusing judges in open court.
    The decision to go on strike at the courts at Patiala House, Tis Hazari, Karkardooma, Rohini and Dwarka was taken Tuesday at a meeting of the co-ordination committee of all bar associations of New Delhi.
    ——- Why Supreme Court is not taking action against these advocated?
    —— Why Supreme Court is not initiating contempt of court proceedings against these lawyers are abusing judges in open court.
    The amendment to the CrPC gives the police freedom to use their discretion on whether to arrest an accused in offences punishable with jail terms of up to seven years.
    —- Why police shall not have freedom to work and in accordance with the law. Who are these lawyers to interfere in Police work?
    Section 41 of the CrPC lays down certain conditions on the police for arresting a person accused of committing a cognizable offence that carries imprisonment up to seven years.
    — What is wrong in it?
    The amendment proposes that the police officer may, instead of arresting the person concerned, issue a notice of appearance, asking him to cooperate in the probe.
    — What is wrong in it?
    —- Why these lawyers are opposing such a nice amendment?
    —- Why these lawyers’ wants police to arrest all accused without investigation and justification for arrest?
    No arrest will be made in a non-cognizable offence except under a warrant or order of a magistrate.
    — Earlier also it was like this only. Why these lawyers protesting now?
    The reasons for arrest should be sound and recorded in writing by the police officer, the amendment proposes.
    — What is wrong in it?
    —- Why these lawyers are opposing such a nice amendment?
    —- Why these lawyers’ wants police to arrest all accused without investigation and justification for arrest?
    Where such a notice is issued to any person, it shall be the duty of that person to comply with it and arrest can be made only if the person fails to do so.
    — What is wrong in it?
    —- Why these lawyers are opposing such a nice amendment?
    —- Why these lawyers’ wants police to arrest all accused without investigation and justification for arrest?
    The lawyers said the new amendments would result in encouraging corruption among the police officers at whose discretion arrests would be executed.
     How it will encourage corruption? Infact the biggest source of corruption in police today is this; the power to arrest without justification of arrest.
     In my opinion it will reduce corruption in the police and future generation will get better policing.
     With these amendments the police will be able to concentrate on criminals rather than raiding house at 4:00 am in the morning to arrest husband, his old age mother, and his unmarried sisters in false 498a cases.
     This amendment does not take power of arrest of police. It only talks about giving equal opportunity to accused to participate in investigation and on sound reason they can arrest. What is a problem to these lawyers when police is asked to give reasons to arrest?
     Why these lawyers want Police to arrest anybody without sound reason?
     Are these lawyers so selfish that to feed there business of bail they will oppose any move of government for better society. Infact after RTI Act 2005, these amendments are the best move towards transparency in the government set up.
     It is not a surprise for me to understand the economics of 700 Crore bail industry.

  3. Ram Balak Says:

    (IANS) Work in five district courts of the capital was paralyzed Wednesday as lawyers went on strike demanding repeal of an amendment to the Code of Criminal Procedure (CrPC).“There was a complete strike in all district courts. Advocates have not appeared in court cases listed for Wednesday while the courts have adjourned matters to next dates,” Delhi Bar Association president Rajiv Khosla said.
    ——- Why Supreme Court is not taking action against these advocated?
    —— Why Supreme Court is not initiating contempt of court proceedings against these lawyers are abusing judges in open court.
    The decision to go on strike at the courts at Patiala House, Tis Hazari, Karkardooma, Rohini and Dwarka was taken Tuesday at a meeting of the co-ordination committee of all bar associations of New Delhi.
    ——- Why Supreme Court is not taking action against these advocated?
    —— Why Supreme Court is not initiating contempt of court proceedings against these lawyers are abusing judges in open court.
    The amendment to the CrPC gives the police freedom to use their discretion on whether to arrest an accused in offences punishable with jail terms of up to seven years.
    —- Why police shall not have freedom to work and in accordance with the law. Who are these lawyers to interfere in Police work?
    Section 41 of the CrPC lays down certain conditions on the police for arresting a person accused of committing a cognizable offence that carries imprisonment up to seven years.
    — What is wrong in it?
    The amendment proposes that the police officer may, instead of arresting the person concerned, issue a notice of appearance, asking him to cooperate in the probe.
    — What is wrong in it?
    —- Why these lawyers are opposing such a nice amendment?
    —- Why these lawyers’ wants police to arrest all accused without investigation and justification for arrest?
    No arrest will be made in a non-cognizable offence except under a warrant or order of a magistrate.
    — Earlier also it was like this only. Why these lawyers protesting now?
    The reasons for arrest should be sound and recorded in writing by the police officer, the amendment proposes.
    — What is wrong in it?
    —- Why these lawyers are opposing such a nice amendment?
    —- Why these lawyers’ wants police to arrest all accused without investigation and justification for arrest?
    Where such a notice is issued to any person, it shall be the duty of that person to comply with it and arrest can be made only if the person fails to do so.
    — What is wrong in it?
    —- Why these lawyers are opposing such a nice amendment?
    —- Why these lawyers’ wants police to arrest all accused without investigation and justification for arrest?
    The lawyers said the new amendments would result in encouraging corruption among the police officers at whose discretion arrests would be executed.
     How it will encourage corruption? Infact the biggest source of corruption in police today is this; the power to arrest without justification of arrest.
     In my opinion it will reduce corruption in the police and future generation will get better policing.
     With these amendments the police will be able to concentrate on criminals rather than raiding house at 4:00 am in the morning to arrest husband, his old age mother, and his unmarried sisters in false 498a cases.
     This amendment does not take power of arrest of police. It only talks about giving equal opportunity to accused to participate in investigation and on sound reason they can arrest. What is a problem to these lawyers when police is asked to give reasons to arrest?
     Why these lawyers want Police to arrest anybody without sound reason?
     Are these lawyers so selfish that to feed there business of bail they will oppose any move of government for better society. Infact after RTI Act 2005, these amendments are the best move towards transparency in the government set up.
     It is not a surprise for me to understand the economics of 700 Crore bail industry.

  4. ash met Says:

    it is so clear these lawyers are protesting only because they stand to lose all the money from bail cases.. the most sensible amendment to come after a long time.. goes to show the govt works and has in one stroke found a way to decongest courts…

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