All Arrests after 9th Jan 2009 are illegal

Written by Milap Choraria

I received a Email from a friend Dr Rajesh Shinde. He might have not gone through my List Message posted on Saturday, August 29, 2009 10:21 AM, under heading “Central Information Commission, pronounced its decision on 27/07/2009 in Case No. CIC/AT/C/2008/00025, in complete contrast to scheme of Section 80 of CPC, as was defined by SC Judgments, thus CIC decision converted as the Cover of Protection for “Wrong Doers”, like Mr. R. Sharan, the then DGIT(Inv.) Kol.” because it was not relating to Dowry Case.

However, from his Email one very important point of law, came to my notice. According to which Section 5(1) of “The General Clauses Act, 1897 “, provides:-

5. Coming into operation of enactments –

(1) Where any Central Act is not expressed to come into operation on particular day, then it shall come into operation on the day on which it receives the assent.

In the case of a Central Act made before the commencement of the Constitution, of the governor-general, and in the case of an Act of Parliament, of the President.

Unless the contrary is expressed, (Central Act) or Regulation shall be construed as coming into operation immediately on the expiration of the proceeding its commencement.

Therefore all arrests, particularly which restrained in the recent Cr. P. C. Amendment, were illegal, from the date of assent of President to the amendment.

Below are the extracts from the aforesaid Email of Dr Rajesh Shinde.

EXTRACTS FROM EMAIL:-

HIGH ACHIEVERS:

– Mr. Atul Bhiray Vajaypee , Dr. Abdul Kalam – Never married Legally.*

ROLE OF CONGRESS GOVERMENT:*
-More than 85% time this country ruled by Congress Goverment .
– Indian husabnds had been killed openly by thier wive and by thier wive’s
boyfriends and all those killer’s are openly moving freely in our society ,
but Congress Goverment never brotherd to make any LAW to stop that.
– Unborn Child Killing became the on birth Right for Indian women in 1973
Special LAW.
– Legal Terroisom Tools like 498a, Section 125 Maintance Act , Domestic
Violence Act , in all the cases the Verbal statement of Wife to be
considered as 100% true and any evidence , like voice recording, viedo
recording, bank documents from Husabnd’s side will not be considered at the
time of investigation.
– Making adultrity as Civil LAW under process.
– New Rape LAW = Sexual assult, to destroy harmoney in work palce are on
line.
*Are not Congress Goverment Anti-male ?*
*Are not Congress Goverment desprate to make a father less society for
India?*
*Are not Congress Goverment desprate to kill the instituion of Marrige in
India , by promotion of adultrity?*
*Hope they have good Justification for Maintaing “ZERO” Budget for MEN Well
fare and as a Result more and more Crime , Violence in our Country witness.*
*(Crime Is Crime. Punishment should be irrespective of gender, religion and
caste. Let us be honest and fight for truth)*

According to the NGO’s findings, one basic difference on how investigations are
conducted in India and in the West pertains to collection of evidence. “In most
Western countries the police first visit crime scene, collect evidence and on
that basis trace the culprits, while it is the opposite way here. They first
lift the probable accused, often make them forcibly confess to crime and then
collect evidence,” said Meenakshi, who looks after the organisation’s work in
South East Asia.

http://timesofindia.indiatimes.com/news/india/Plan-panel-approached-for-police-reforms/articleshow/4942209.cms

http://www.zeenews.com/news556002.html

http://www.centralchronicle.com/viewnews.asp?articleID=12504

http://www.thaindian.com/newsportal/uncategorized/apex-court-notice-to-centre-for-dithering-on-police-reform_100239649.html

http://www.google.com/hostednews/afp/article/ALeqM5gMhElg8ZYHSspsvWHg5kWe5gU-tA

(Crime Is Crime. Punishment should be irrespective of gender, religion and
caste. Let us be honest and fight for truth)

Act No. of 5 of 2009 – Gazette

CrPC Amendment Act gazetted in the Gazatte of India as Act No. 5 of 2009 is available here

The Gazette of India