Excellent article on SC decision on AMIT SHAH

aug 6th

has supreme court overstepped certain boundaries and opened up a can of worms regarding amit shah? 

how come the GoI does not get so peeved when indian soldiers are massacred? 

this whole thing is a diversionary tactic to take attention away from a) inflation, b) j&k, c) foreign policy blunders esp re afghanistan, d) communist terrorism, e) galloping food price rise.

sum and sustance: UPA-2 is an abject failure. but we're not supposed to know that. we are supposed to be entertained by this 'secular' circus with the enthusiastic support of the media.

---------- Forwarded message ----------
From: Vaidya

 

Requires very wide circulation.

 

One of the very well written article by a retired Judge of Kerala on the complex issues raised by the SC decision

 

http://www.deccanherald.com/content/86156/has-sc-over-stepped-its.html

 

 

Has SC over-stepped its limits in Amit Shah's prosecution?--- Deccan Herald dated 05-08-10
By N Haridas
Under the laws of the land, both the Centre and the states are the 'states.' The law allows a state to prosecute an offender — whether it be a private citizen, an official or an elected representative, but the 'top ruler' is not an official in this respect. Here, the agitating question is: Can one state prosecute another state?
The English rule of law says the King can do no wrong, and this assumption may apply to the top ruler of the state as well. In a federation like India there are two parallel states, one of the Centre and the other of the states, exercising separate as well as sovereign jurisdiction in their own areas. Neither the Constitution of India nor the criminal procedure code has specifically empowered the courts with the power of prosecution. The power of the court to order a criminal prosecution is a power invented by the Indian courts which is supported neither by the English rule of law nor the burgeoning power of American judicial review. The United States supreme court — the most powerful judicial tribunal on earth — hitherto has not ordered the prosecution of any crime. The American courts only try prosecutions in their normal duty. But the Indian courts are not only ordering prosecutions but supervising and monitoring the investigation of the same. By tradition, history and practice, the prosecution of an offender is the sole job of the executive, namely, the cabinet. ... deleted