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17 March 2011
General blogging

Fourth monkey is the monkey of the 21st century. The poor animal can't help but see evil all around. The poor animal can't help but hear evil all around. And what does he/she do? He raises his voice against it.

26 May 2010
General blogging

Legally-India-law-blogsSince the start of Legally India's blogging competition in January, a total of 50 law bloggers (blawgers) have shared legal thoughts, laughs, pains and the downright surreal. With a little over two months to go in the competition this round-up looks at the most popular bloggers and posts to date.

We are also pleased to announce two new sponsored jury prizes for the most thought provoking blog posts on issues of social and legal importance, worth Rs 20,000 (see details below), which was kindly donated by a practising lawyer.

24 March 2011
General blogging

Infocracy India, legal aid societies


The legal aid societies whom we’ve contacted have asked us a few questions. Very pertinent and straight-forward too. Here are the questions and our answers. For more details please see www.infocracyindia.org

What do the legal aid societies get? 



A chance to make an impact? Yes.

The law school legal aid societies, we believe, have been formed to achieve two objectives:

  1. Take legal aid to the downtrodden.
  2. To teach law students the skills and help them imbibe the values which make a good pro bono lawyer.

Infocracy India helps legal aid societies achieve these objectives.

The RTI applications we file will have a significant societal impact.

Moreover, not only will the law students involved learn the art of filing good RTI applications but they’ll also know for themselves, how information when available freely, is a powerful catalyst to make democratic changes.


Money? No.

Secondly, we don’t promise much money, but in case we receive funding from members of the legal industry, we will distribute the funds to our LAS partners.

Also, we don’t believe that money is an incentive in initiatives like Infocracy India. None of the founders are making any money, nor do we plan to.

We are passionate about this cause and would like to partner with passionate groups and individuals.


Recognition? Yes.

Thirdly, in case you do genuinely good work, LegallyIndia, Lawctopus and other media, both print and online, will surely cover our work.

You’ll be thus recognised for your efforts.



Why shouldn’t we do it alone/independently?


Work independently, but share.

Infocracy India is a collaborative effort and it in no way discourages or hinders independent activity.

All that we require you to do is tell us about the RTI applications you’ve filed, the results which you’ve got and the impact that has made.

The RTI application, the response of the public information officer will be shared on our website for free upload. This will allow anyone to replicate these RTI applications in their own areas.


Consider this:

Someone from NUALS Kochi files an RTI application relating to an issue ‘X’ and someone from say, ICFAI Dehradun believes that his/her region too needs the issue ‘X’ to be addressed.

The person from ICFAI can then download the NUALS’ RTI application, see what information it yielded and even talk to the NUALS person to see if a better worded RTI application can be filed. Thus the RTI application gets filed more quickly and will yield better results.

Legal Aid Societies are free to file independent RTI applications. As a part of Infocracy India we only require you to ‘share’ the application, the results and the impact with us.


Pan India projects require a pan India collaboration.

Secondly, Infocracy might sometimes take large, pan-India projects; like getting the details of how the MPLADs funds are being used. We’ll get our team of 10-15 student researchers to work for sure.

At the same time, we’ll surely require support from the LASs. Herein lies the power of collaboration.


Finally consider this:

If someone in NUJS Kolkata files an RTI application against a public authority in Bangalore, we might have someone in NLSIU Bangalore go and inspect the documents. It saves the person in Kolkata time and money and makes the whole process efficient.



What will the work of a Legal Aid Society team exactly be?

Infocracy India is a very young initiative and some of our ideas are presently being executed. It is thus difficult to define the nature of tasks. We plan to be flexible and evolve as we move ahead. However, here are a few things which LASs are expected to do.


Share. Share the RTI applications you file, the responses which you get and track the impact it makes. We’ll put the applications and the responses on our website.

The stories of societal impact will be shared with media, both print and online. Rest assured, we won’t take the credit of your efforts. We are not in this business!

Sharing RTI applications and the results are the only mandatory things we want you to do. Other things may include:


Joining us to implement a pan India project. Most of the types we’ll have our team of student researchers/activists doing the work.

Sometimes, we might require the help of legal aid societies. In cases you want to help, just let us know about it.


Include information on RTI as a part of your legal literacy camps. You can put videos, pictures, presentations and modules on our website.

This will help other LASs better their legal literacy camps. We’d also be covering these camps from time to time on our website.



The question really is...






Images from here, here, here and here.

23 March 2011
General blogging

I, not from my knowledge in law but by the reason of watching Sunny Deol starrer movies, have a fair idea of how an F.I.R. is launched but something, which has pierced my brain since that time is, who registers F.I.R. against people who are assigned the task of guarding the constitution?, who registers complaint against influential people?, who registers complaint against police?.

I am not looking into specific laws, which exist, in our acts guaranteeing equality, freedom and liberty because even you as well as me, are aware of their efficiency. They better not be a topic of discussion even. The incidents in Jammu and Kashmir, to be specific and many other small towns and villages, where such incident go unnoticed show how strong our legal texts stand to grant protection. Our law provisions fail, when it involves a politically fat leader, money rubbing businessman or police commissioner as accused, since they have enough source to not allow registration of F.I.R…and mind you “unless F.I.R. is registered there lies no legal remedy.” So, who register F.I.R. here? I, in my criminal classes have read few cases, where N.G.O. came to rescue but my count in that case was restricted only to 5, what about other such incidents? Our laws are very stringent and guarded by wolves, hence to come up and fight for your rights, only thing, which requires efforts, is coming up…because fighting is easy if you know the "power". That reminds me of another popular saying in our college “ to win a case either know law or know lawmakers.” I personally prefer law but have clear idea that only acquaintance with law maker can help me, law has no influence because they can be modified whenever power desires.

I do not want to include any legal text to prove my case but general day experience of my school life, which I am sure everyone must have seen. Remember that fat bullish, “Thakur” who went around class whistling over girls, beatings studious geeks, pestering teacher and walking in the middle of 10 people who in Indian terms are called “chaile”…comedy yet serious, I never talked to him…I knew his Dad was a police officer and that was enough reason not to complaint against him, not to retaliate when he beats you but only apply Dettol and tell your mom, “I fell”. For a reason parents believe its always-there child at fault, so let the incident die. But I am sure his Dad wont find his son at fault…after all he is a public servant who with his power now rules them. 

This brings me to my conclusion, how to ensure that every person realizes their right to register an F.I.R. when the pen and book is owned by the accused themselves? Why would they use their own ink to complaint against them own selves?, why would they incriminate person who runs their account of tea, coffee and even late night parties at “desi sharab ka thaika”? Now how can we ensure ethical running of our legal system…change police and judge…not practical, change laws….crap there are so many of them which do guarantee we wont be exploited, but of no use…only recourse left is try, try and try…when unsuccessful, buy justice through your own money and finally “ you are under arrest”


08 March 2011
General blogging

     On the 8th day March of every Year we celebrate International Women's Day  originally called International Working Women’s Day.  It is a major day of global celebration of women. In different regions the focus of the celebrations ranges from general celebration of respect, appreciation and love towards women to a celebration for women's economic, political and social achievements. International Women's Day (8 March) is an occasion marked by women's groups around the world. This date is also commemorated at the United Nations and is designated in many countries as a national holiday. When women on all continents, often divided by national boundaries and by ethnic, linguistic, cultural, economic and political differences, come together to celebrate their Day, they can look back to a tradition that represents at least nine decades of struggle for equality, justice, peace and development.

      It is Started as a Socialist political event, the holiday blended in the culture of many countries, primarily Eastern Europe, Russia, and the former Soviet bloc.

     The idea of an International Women's Day first arose at the turn of the century, which in the industrialized world was a period of expansion and turbulence, booming population growth and radical ideologies. Following is a brief chronology of the most important events:

     In the year, 1909, in accordance with a declaration by the Socialist Party of America, the first National Woman's Day was observed across the United States on 28 February. Women continued to celebrate it on the last Sunday of that month through 1913.

     In the year,1910, The Socialist International, meeting in Copenhagen, established a Women's Day, international in character, to honour the movement for women's rights and to assist in achieving universal suffrage for women. The proposal was greeted with unanimous approval by the conference of over 100 women from 17 countries, which included the first three women elected to the Finnish parliament. No fixed date was selected for the observance.

     In the year, 1911, As a result of the decision taken at Copenhagen the previous year, International Women's Day was marked for the first time (19 March) in Austria, Denmark, Germany and Switzerland, where more than one million women and men attended rallies. In addition to the right to vote and to hold public office, they demanded the right to work, to vocational training and to an end to discrimination on the job.

     Less than a week later, on 25 March, the tragic Triangle Fire in New York City took the lives of more than 140 working girls, most of them Italian and Jewish immigrants. This event had a significant impact on labour legislation in the United States, and the working conditions leading up to the disaster were invoked during subsequent observances of International Women's Day.

     During the year,1913-1914, as part of the peace movement brewing on the eve of World War I, Russian women observed their first International Women's Day on the last Sunday in February 1913. Elsewhere in Europe, on or around 8 March of the following year, women held rallies either to protest the war or to express solidarity with their sisters.

     In the year, 1917, with 2 million Russian soldiers dead in the war, Russian women again chose the last Sunday in February to strike for "bread and peace". Political leaders opposed the timing of the strike, but the women went on anyway. The rest is history: Four days later the Czar was forced to abdicate and the provisional Government granted women the right to vote. That historic Sunday fell on 23 February on the Julian calendar then in use in Russia, but on 8 March on the Gregorian calendar in use elsewhere.

     Since those early years, International Women's Day has assumed a new global dimension for women in developed and developing countries alike. The growing international women's movement, which has been strengthened by four global United Nations women's conferences, has helped make the commemoration a rallying point for coordinated efforts to demand women's rights and participation in the political and economic process. Increasingly, International Women's Day is a time to reflect on progress made, to call for change and to celebrate acts of courage and determination by ordinary women who have played an extraordinary role in the history of women's rights.

     The day is an official holiday in Afghanistan, Armenia,  Azerbaijan, Belarus,  Burkina Faso, Cambodia, China (for women only),  Cuba, Guinea-Bissau, Eritrea, Kazakhstan, Kyrgyzstan, Laos, Madagascar (for women only), Moldova,  Mongolia,  Montenegro, Nepal (for women only),  Russia, Tajikistan,  Turkmenistan,  Uganda, Ukraine, Uzbekistan,  Vietnam, and Zambia.

     In Italy, to celebrate the day, men give yellow mimosas to women. Yellow mimosas and chocolate are also one of the most common March 8 presents in Russia and Albania.

     In many countries, such as In Bosnia and Herzegovina, Brazil, Bulgaria, Croatia, Estonia, Hungary, Lithuania, Macedonia, Moldova, Montenegro, Poland, Romania, Russia, Serbia, Slovakia and Slovenia, the custom of giving women flowers still prevails. Women also sometimes get gifts from their employers. Schoolchildren often bring gifts for their teachers, too.

In countries like Portugal groups of women usually celebrate on the night of 8 March in "women-only" dinners and parties.

     In India, International Women’s Day holds a lot of significance. Many celebrations are held during the day.

     In actual practice the day should be celebrated as a women’s empowerment and should not be deemed as feminist or discriminatory towards men because for centuries women were always kept behind the doors and away from the work of their own choice and were neglected by the male dominated society especially in underdeveloped and developing countries. Women are one of the pillars of this society. Society grows and runs with the simultaneous acts and deeds of both men and women. Women are equal in status to men. Both men and women are equal and two parts of the same coin and shall have the equal opportunity to the profession of her choice, cloth of her choice, education of her choice, marriage of her choice, qualification of her choice, freedom and liberty of her choice. Women should have equal respected and dignity as that of a man in every spheres of life, family and society.


(All the views expressed herein are of my personal views and are not meant to harm anybody)


Pronoy Kumar Ghose





2. http://en.wikipedia.org/wiki/International_Women's_Day

04 March 2011
General blogging

     The Supreme Court of India on 03-03-2011 made an historic order by quashing the appointment of Chief Vigilance Commissioner, PJ. Thomas.

     A report published on CNN website dated 03-03-2011 stated that  India's beleaguered government suffered another blow Thursday as the country's Supreme Court quashed the appointment of the top anti-corruption investigator because he himself faced allegations of fraud.

     According to CNN report The Supreme Court noted that charges of corruption against the man chosen to head India's anti-corruption commission were overlooked while making the appointment last year, attorneys said.

     According to the CNN report, Central vigilance commissioner P.J. Thomas has been linked to a deal to fraudulently import palm oil from Malaysia at higher prices as a senior bureaucrat in the southern state of Kerala in the 1990s.

     According to a report published on Times of India dtd. 03-03-11, “Thomas, 60, facing a corruption case in a Kerala court relating to Palmolein import scam, resigned immediately after the apex court gave its keenly awaited verdict, just six months after the former bureaucrat was appointed as the 14th CVC.”

     According to CNN report,  “The Supreme Court quashed Thomas' appointment, citing the pending case against him, advocate Prashant Bhushan said. Bhushan represented a group of petitioners who had challenged the selection of Thomas for the key post”.

     The Opposition parties were pressurizing the Government  to remove P.J Thomas from the post of Chief Vigilance Commissioner on the ground of his alleged involvement of fraudulent acts and pending cases.

     According to a report published on Times of India dtd. 03-03-11, “Prime Minister Manmohan Singh today said he respected the Supreme Court verdict on the quashing of the appointment of P J Thomas as Central Vigilance Commissioner .”

     Government made every possible effort to justify the appointment of PJ Thomas for the post of CVC as legal but all goes in vain as we know law will take its own course and every misdeed shall come under the scanner of law.  

     In brief we can say the quashing of PJ Thomas’ appointment as CVC by the Supreme Court of India is another blow on the face of corruption after the high profile arrest of A. Raja and Shahid Balwa in infamous 2G scam and an win of democracy and the credibility of our Judiciary as the Opposition parties were continuously pressurizing the Government to remove PJ Thomas from the constitutional post of Chief Vigilance Commissioner and the Hon’ble Supreme Court gave the historic decision in respect of petition filed by a group of petitioner questioning the appointment of PJ Thomas for the post of CVC as criminal cases were pending against PJ Thomas at the time of his appointment as CVC.  And also it was a matter of highly concern because a person against whom Criminal cases of Fraud and corruption is pending in a court of Law should never be appointed for the Constitutional post of Chief Vigilance Commissioner. If the man who has to vigil the corruption in the country is himself involved in criminal cases then it shall be a shame for our Nation.

     Now the Government should realize that there is no respite for the corrupt personal in India any more in the Future. Government may adopt hundred stunts to safeguard and patronize the corruption and corrupt personal but ultimately they must have to be accountable and must pay for their misdeeds. Let the Government be aware of the menace of corruption and be transparent and fair in the affairs of the appointment of Constitutional post and all other affairs of the Government.

 (All the views made herein are my personal views and are not meant to harm anybody)


Pronoy Kumar Ghose



11 February 2011
General blogging

     In India Judiciary is the guardian of Our Constitution. Whenever the rights of a people is breached then the Judiciary is the only means where remedy can be sought. We have full faith upon our judiciary and We should be well acquainted with the facts that whenever there is injustice from the other two organs of the Democracy i.e. Legislative and Executive the the Judiciary has provided the proper remedy to the aggrieved individual as well as Society.


     With the growing number of  Population and Less number of Judges as per ratio of Population, Our judiciary is overburden and the Judges are under tremendous pressure to accomplish their duty and to give fair Judgment as per Law.


     Our Judiciary has to give decisions and pronounce judgment as per codified Law of the Country and on the basis of  best evidence rule. In criminal jurisprudence Prosecution has to prove his case beyond reasonable doubt. Our judiciary follow the maxim  " Let Hundred Guilty be Acquitted but One Innocent should Not be Convicted". And Our Judiciary always gives emphasis to this maxim in a criminal trial before the court, due to this reason conviction rate in India is very low. Under the circumstances we can understand that whenever Our Court Convict one person for a crime, there is total and sufficient evidence against the accused. So, we should respect the decisions of Judiciary. There may be one or two exceptional case but this should not be deemed that Judicial decisions are not correct.


     Judiciary is guided by the Law text and not by the emotions. Judiciary do not favour the numbers or bourgeois. Judicial decisions are based on Law and not on Facts or rumours.


     A matter which is not morally wrong but Legally may be wrong and under such situation the court has to presume the legality of the matter. It is the Judicial decisions of our Apex court and High Cout which takes the initiative to safeguard the right of the society by Public Interest Litigation. So, it is our utmost duty to respect the Judicial Decisions pronounced by the various Courts of our County. If any party is aggrieved by the decisions of any court then he has the right to appeal against the decision in the Appellate court but publicly such decisions should not be disrespected with mala fide criticism and discussions only for publicity and personal gains.


     In the recent time we have witnessed that a trend has come out in the media, especially in the visual media to criticize the judgment of the Court taking advantage of the Privilege given to the media to make fair comment on any issue and also taking advantage of the constitutional guarantee of Freedom of Speech and Expression.


    Let's take few examples, First, the Decisions of Binayak Sen's Life imprisonment by the Chattisgrarh High Court for the crime of sedition and subsequent rejection of his bail application by the High Court are being criticised and discussed highly by the  media as most of the intellectual group of people supports Binayak Sen as morally not wrong. Second, in the Priya Darshini Mutto case when Supreme Court of India commuted the death sentence of the accused into life imprisonment then media highly criticized the decision. Third, In the Ruchika Girhotra case, when the accused SPS Rathod was punished for  only One and half years of rigorous imprisonment then the media highly criticized the impugned decision of the court and again when Supreme Court granted conditional bail to the accused Rathod, then the media highly critisised the decision.  Fourth, in the Bhopal Gas tragedy case when the District Court of Bhaopal convicted seven accused for an imprisonment of two years along with fine then the media highly criticized the decision for less quantum of punishment. Fifth, recently in the Arushi Talwar murder case when the Special CBI court framed criminal charge against the parents of Arushi then again media indulged in criticizing the decision of the court. There are innumerable instances of such too much criticisms of Judicial decisions by media.


     These acts of frequent and uncensored criticism of the Judicial decisions of the court of the county by the media mainly for their TRP and publicity taking advantage of privilege of fair comment and freedom of press, is in fact degrading and lowering the value of the judiciary before the common man and right thinking people of the society and these in turn causing the loss of faith of the people in the judiciary.


     Media and every people should understand that Court does not make laws, court pronounce judgment and give decisions according to the codified law of the Country on the basis of best evidence rule. Laws are made by the Legislatures in the Parliament, so if the media and the people of the Nation are not satisfied with the present codified law of the country then they should pressurize the the Legislatures to amend the laws and to make it more people friendly but the Court can not go beyond the codified law of the Country.


     It must be understand and accepted that the Judges give their decision without any pride and prejudice and the Judges are neutral to every one. All the decisions are made according to the written law of County. So, the Judicial Decisions must be respected.


Pronoy Kumar Ghose, Advocate

09 February 2011
General blogging

     After the arrest of former Telecom minister A.Raja, Central Bureau of Investigation on 08 th day of February, 2011 made another high profile arrest in connection with 2G spectrum Scam. This time the arrested person is from the Corporate world. CBI arrested Shahid Usman Balwa, Director of Mumbai-based "DB Realty" on 08/02/2011 for his alleged obtaining of 2G spectrum licence by malpractices in collusion with former Telecom Minister, A.RAja.


     According to a report published on  Indian Express.com Shahid Balwa's DB Realty had acquired Swan Telecon, which bagged 2G spectrum licenses for 13 circles. Within months the Company sold 45% of shares for Rs.4,500 Crore to UAE based ETISALAT. Swan Telecom was later renamed as "Etisalat DB". According to the report CBI has arrested Shahid Balwa for his role in the 2G spectrum scam. He is alleged to be involved in receiving and channelizing money for A.Raja. According to the report the Enforcement Directorate had trailed Rs. 214 crore allegedly routed by Shahid Balwa of  DB Realty to Chennai-based Kalaingar Television, a channel promoted by family members of DMK leader .


     It, is well known to every common man that the motive of the Business personal is to earn profit. But the fact  is that on the way to earn maximum profit and to withstand in the competition most of the businessman strives towards malpractices for short cut, easy and rapid success without following the Laws and procedure. Shahid Balwa is an example of such a Corporate personality who without any fear of law and ethics allegedly strives to achieve rapid success  and earn maximum profits by malpractices in collusion with A.RAJA on the way to obtain 2G spectrum license.


     For the sake of maintaining Rules of Law and Fair competition in the Corporate World, it is very much necessary to follow the laws, procedures and ethics by the each and every Corporate Entity.


     For those in the Corporate World who thinks that money can buy every thing and Law is the puppet of their hand, the arrest of Shahid Balwa is an alarm that no-one is above the Law and Law will take its own course


Pronoy Kumar Ghose, Advocate

07 February 2011
General blogging

Society is place of which all of us are an integral part as it has been formed through us only. The basic aim of creating society is to give everyone a sense of freedom so that other don't have any right to interfere in that circle of rights which every individual holds. But obviously there are some restrictions which have been imposed on each and every person to enjoy his/her freedom i.e. freedom stops where one starts interfering into the rights of other individuals. Moreover, it is a society which helps an individual to develop himself right from his birth which  imposes duty on every individual to respect the basic theme for which the society has been created. There are several mechanisms in the form of law, rules, regulations which makes every person aware not to do certain things due to the fear of getting punished. 
Now, turning to the main point why this blog has been created. It has been created to analyze the deep rooted social problems in our daily life and to reach all of you through this means. As a member of the society, it is our responsibility to keep ourselves involved in the matters relating to the society, because if we would not get involved then there would be a solution to any of the problem which are present in the society. Society distinguishes themselves on the basis of caste, culture, religion, region  etc. and remain alien to those issues pertaining to other sections of the society but why do we forget that society is not formed just with one or two sections, it comprises all the sections which are present or which have their identity. Take for example, a person sitting at Delhi would not be much interested in the issues relating to the Telangana issues but is it possible that he won't be affected? What if protesters block the road in Delhi for this demand and that person missed his interview and losses his job? But most of us do not bother as to what is happening with the society. By society I don't that we should confine ourselves to the Indian society, it also involves the whole world because there are certain matter which are interrelated within each and every country for eg. The recession which started from USA had its impact all over the world making thousands of persons unemployed and making many of them to loose their property. So, by remaining just to yourself is not a solution but it is a factor which enhances the problem.
In India, we say that politicians are corrupt and further say that nothing can be changed in the politics but has a ordinary person who is making such comment tried to look beyond this and tried to find out why it can not be changed. It is evident from the statistics of the election that only half of the population cast their votes and this is the main reason why a eligible and proficient candidate is not able to win the election. When it comes to rights, we take out rallies, protest in front of the ministry to enforce our rights, to stop the discrimination against minorities, women etc., but are we doing the same thing when it comes to the duties which have been mentioned in our Constitution, are we really bother about it ? Then why do we expect from the political system to work in a proficient way. But if you see, the political system is doing well for all those sections from where they get votes because even they know that it won't affect their vote bank if they do not pay much attention to other sections, specifically upper middle class and high society. The issue is not confined to the voting system, it has been rooted in each and every issue of the society. 
Until and unless we become more aware that it is our responsibility as a member of the society to actively participate in the issues which are highly important for the society. Individual benefit is always seen by everyone but don't make yourself confine yourself to that only, keep yourself a part of other issues also. Through this blog, I would try to analyze the issues which of general importance whether it be national, regional, economic etc. Please give your support and get involved. 
Abhinav Shrivastava

03 February 2011
General blogging

   After a long wait at last the former Union Cabinet minister for Telecom, Andimuthu Raja is arrested on 2nd day of February,2011 and is in CBI cusdody.


   According to a report of Times of India, Former Telecom Minister, A. Raja is involved in 2G spectrum Scam worth Rs. 1.76 Lakh crore and has been accused  of conspiring with the two officials to help certain companies to avail the 2G spectrum licence at a cheap rate. A. Raja and his two Officials has been charged U/S. 120-B of Indian Penal Code and U/S. 13(I), 13(2) and 13 (2D) of Prevention of Corruption Act.


   The arrest of A. Raja is an warning and a lesson to all the other corrupt politicians who thinks that they can criminally misappropriate the Public money and do whatever they desire and the law is in their hand.

   The fact that the  A. Raja in spite of being a present Member of Parliament and Former Union Cabinet Minister and his party is in Ministry could not save himself from the hand of Law for his wrong done, is an example that no-one is above the Law and the Law will take its own course and this example should be treated as  an warning and a lesson to all the other corrupt politicians that "No One Can Escape the Law".


   Whatever the political reason may be behind the arrest of A. Raja, but the fact is that by the Direction of the Hon'ble Supreme Court, the Central Bureau of Invstigation has to submit its progress report on 2G spectrum scam investigation within 10th February, 2011 and due to this this reason it became inevitable for CBI to arrest the alleged chief accused of 2G scam, A.RAja and his two officials for investigation purpose.


   Our Nation were anxiously waiting to see the culprit of this multicrore 2G scam behind the bar and the arrest of A. Raja is a triumphant moment for us. 


   A few month ago we have witnessed that the Maharashtra C.M. Ahok Chavan had to resign his post for his alleged involvement in Adarsh Society Scam.


   The Arrest of A. Raja also implies that Law will take its own Course. So, the Corrupt Politicians be-aware of Law and stop Corruption otherwise remember "No One Can Escape the Law".


Pronoy kumar Ghose, Advocate

27 January 2011
General blogging

     A Republic is a form of Government in which the citizen choose their leaders and the people have an impact on its Government. It is from two Latin words "Res" (things) and "Publica" (public). Translated from the Latin it means "the Public thing". Inida is a  Parliamentary Republic. Every year, we celebrate the 26 th January as Republic Day because on the 26 th day of January, 1950 our Constitution has been implemented. From the 26 th day of January, 1950 We the people of India got the right to be Governed by the Constitution and not by any monarch. We the people of India got the right to elect and form our Government by our own free will, choice and vote.

     The actual meaning of Republic is that in the formation of Government there shall be no selection on the ground of heredity, succession, etc. The people shall have the right to elect any person from amongst the member of the society as their elected representative to form their government.

     On 26 th January, 2011 we celebrated our 62 nd Republic Day. BUT the real question is that even after passing of 61 year of adopting Republic, "are we really Republic" .

     Under the Constitution we the people have been given the  supreme power to form government and our Fundamental rights are guaranteed by the Constitution. Supreme court of India has been given the role of Guardian of the Constitution.

     Let see the ground reality, We have Election commission who conducts Elections in the country, which is an autonomous body. The entire procedure of Election of Peoples Representatives are Governed by the "Representation of  the People Act 1951' . We should look into the case of former Chief Election Commissioner, T.N. Sheshan, whose innovative and transparent idea of electoral reform lead him to the division of his post.

     For the years we have witnessed that after being elected most of the elected representatives do not keep connection with the local people, they favour only their obedient people, worker and family members. They ignore the mass members of society who elects them. And the political leaders choose their successor from their family members and we the people also support them. Actually our political system is full of Favouritism, discrimination, partiality, etc.

     Under the "Representation of Peoples Act 1951" we have not been given the right to call back an elected members, if they fail to fullfill their commitment, this is mainly because the laws are made in the legislatures by those elected members. Moreover, elections are so costlier that a common man can't afford to contest an election. Mainly, peoples either from the Richer section Or Criminal background can afford to invest their money to contest an election.

     At present almost every States in India are facing internal struggle e.g. in Assam there are ULFA, BODO, Black Widow, DHD, etc militant groups, in Manipur there are PLA, etc, in Arunachal Pradesh there is Maoist, etc, in Nagaland there are NSCN, etc, in West Bengal, Jharkhand, Chattisgarh, there are Maoist problems. Every North Eastern States are facing extremist problems. In U.P, Bihar, M.P., Rajasthan local mafias are dominant.  Recently on 25 th January We have witnessed one heinous crime, that Oil Mafia burned alive in broad day light one IAS, Officer, namely Yashwant Sonawane,  who was Additional Deputy Collector in Nasik District of Maharashtra. If the life of an IAS officer is not safe in a prosperous State like Maharashtra then how the life of common man be Safe !!!!!!

     Police Personnel of every state are non-co-operative to the Common masses, they serve mainly their political masters and the richer sections of the society.

     The Hawala scam, Stock market scam, Telecom scam, 2G scam, Adarssh Society scams, CWG scams, etccccccccc...  are the glimpse of the prosperity of Corruption in our Country. Almost in every states there are innumerable scams. We also came to know that billions of dollars of black money are deposited in Swiss bank and other Foreign Banks. Prevention of Corruption Act, 1988 is a total failure and has no impact on curbing the corruption.

     In Jammu and Kashmir, there looks no signs of stopping of internal struggle.

     In our Capital city, Delhi life is not safe and secured with growing numbers of crime like rape, robbery, kidnapping, etc.

     The, draconian law like TADA, POTA, Armed Forces (Special Power) Act 1958 could do nothing but harassing the innocent people.

     Every day, whenever we turn Zews Channel On, we come to know that rape, theft, dacoity, molestation, murder, kidnapping, corruption, etc are happening every moment in every corner of the Country.

     We know India is growing faster and is one of the best economy in the World BUT in reality more than 40% of the people are still living below poverty line, wich is a shame for a Republic country like us. Our economic prosperity is confined in the hands of richer sections of the society and the poorers are deprived. The Rich becoming Richer and the Poor becoming Poorer. Every year in every Sates thousand of poor Agriculturists commits suicide due to growing debt burdens, which is mainly because of political inefficency of policy makers.

     Government makes and implements various plans in the name of Welfare of the common people but in actual practice all the funds of those schemes are illegally grab by the elected leader and their workers, party-men. And the common people gets nothing but the peanut out of huge funds.

      Population of India is growing in a horrifying pace mainly due to political malafide intention.  In a democracy number of people counts in election and due to this reason every political leader tries to grow the number of their supporter. Moreover, with the increase of population miseries of common people will grow and the political leaders will take advantage out the miseries of the common masses. No Active Population Policy and Act are being tried to be adopted and implemented by the political leader mainly due to their malafide intention.

      Our natural Environment are degrading due to improper implementation of Environment Laws.

     We are proud to be Republic. We are economically prospering but our prosperity is being negativated by our backlogs, unequal distribution of wealth, Failure of law and Order and failure of  Political System. We, the people of India, mainly from the legal community should take the responsibility to make India a better place to live with our commitment to fight for justice, emphasizing the Political Reform and  establishment of Rules of Law .  The real meaning and intention of Democracy and Republic can only be achieved by establishing the Rules of Law.



Pronoy Kumar Ghose, Advocate


16 January 2011
General blogging

As we know very well that scope of law is increasing a lot....but then the education in colleges is going down...sometimes this may happen due to the fault of faculty or sometimes due to the administration of the college...so why the students will suffer....we all have to protest for this as now this is coming in many colleges like this time we heard the news about National law school of India University Banglore previously about Government Law College Mumbai...and both these colleges are among the best law schools.....am not talking about these colleges particularly but  this may happen to your college also...so if we students dont want these things to happen in future......please reply to this blog...if get some response then we will start a cause to improve the standard of education and will forward these in front of law minister or HRD minister of India.There is a website as entrancecorner.com who has done the same for AIEEE students and got covered in Times of India,The Telegraph for its positive response.....
So everything on us how we make things possible.....

Please give your views on this....

03 January 2011
General blogging

The Bill "Legal Practitioners (Regulation and Maintenance of Standards in Profession, Protecting the Interest of Clients and Promoting the Rule of Law) Bill, 2010" has been put up on the law ministry website for comments. I thought of going through it in curiosity  to see what new developments it unfolds according to new generation lawyers/advocates. But I must say that it does not and could not impress me. 


Firstly, there are several flaws in the Bill which will come out as a continuous tug of war between  the Legal Services Board and the Bar Council of India/ Bar Councils. May be, the same get cured before transforming into an Act but I doubt, in fact I am sure enough that this can not be eradicated completely since the tussle of power between the BCI/BC and the LSB is the core area of dispute under this Bill and in fact the Bill is introduced simply to shift away the Regulatory Authority status of the BCI over advocates to the LSB. Initially the LSB shall not regulate advocates but all other legal professionals. This shows that the Ministry is trying to please BCI as well. But of no avail since this is just the beginning and provisions say that another authority shall take over regulatory status over advocates from the BCI when the Government incorporates such authority. Other provisions also leave great and interesting scope for war of words between the BCI/BC and the LSB. 


But the provision I was concerned and shocked with was that now we advocates /lawyers would not be dealing with clients but consumers whom we will sell our services. Does it sound good for the profession which is still treated as the "Noblest" one and because of this nobility we are restrained from doing certain acts.


The definition goes as follows : “Consumer of Legal Profession” includes the clients of legal professionals and anyone who might have recourse to legal services  because of a legal issue and those who are using or are may be contemplating using services provided by the legal professionals in relation to the legal services arising out of a legal issue".


This clearly says that the term we will be dealing with shall be "CONSUMER" which may include "CLIENTS".


The definition of client has been confined in four corners of power of attorney.

“Clients” means the clients of the Legal Professionals who engaged such Legal Professionals by executing a vakalatnama / letter of authority, by whatever name it may be known". 


Again it says that every "Legal Practitioner" shall be duty bound to provide free legal services to persons who fall just above the income levels of Legal Services Authority Act.  Here we do not know who shall fall under the term "Legal Practitioner" since it has not been defined in the Bill. It may be a typographical error hence if it means legal professional, then it shall apply to each and every lawyer working in the legal profession. 


The definition says that “Legal Professionals” means the Advocates as defined in the Advocates Act, 1961 and includes the qualified lawyers engaged in legal practice confined to their chamber, engaged in drafting and conveyancing, practitioner of income tax and sale tax and those appearing before the relevant authorities, giving advise to the clients for a fee, gain or reward in the areas of customs, immigrations, trademark and patent services and all other professional services where legal issues are involved."


This again seems impractical approach of the Government against legal professionals. Why don't they put such binding duty on doctors. I do not say that we should not help poor in fact I am always ready to do so, but why  to make such a binding duty for which action may be taken by that person against a lawyer if he refuses to do so. If the professional is practicing in courts then it shall not be a problem for him but imagine if the same happens to a corporate/tax practitioner or any lawyer not visiting courts quite often. Without any fault of his, he will be forced to appear, wasting his whole day, before authorities under the Act.   


I had certain rational approach towards the Bill in mind before reading it. I was of the view that this Bill may prove to be milestone for our profession which craves for quality and dignity but after going through the Bill, I am shocked that it chiefly talks about taking away authority of the BCI. 


The second main object which the Bill speaks about is regulating all other legal professionals who are not advocates. Again, the approach towards it is keeping other legal professionals out of the ambit of Advocates Act since instead of amending the Advocates Act, they are placing a new act.


We have seen BCI/BC, now we will have to see other regulating authorities. I don't think anything is going to change in the manner they work. Those authorities will only act as some more pressure on us rather than the reforming ones. I don’t believe that any revolutionary change will be brought about by them.


I doubt when this Bill will be passed and even passed when it shall be notified. I am sure it is not going to be notified soon but even when notified, we lawyers must be given rights as a seller instead of being confined under the boundaries of nobility.

26 December 2010
General blogging

today i am sitting and thinking what can be better doing internship with a lawyer

or with a law firm


may b a law firm let's c wat happnes

u guys there i wnt ur hlp in finding an internship

thanku n love u all

25 December 2010
General blogging


“Plead Guilty and bargain Lesser Sentence” is the shortest possible meaning of Plea Bargaining. “Plea bargaining” falls into two distinct categories; first category is “charge bargaining” which refers to a promise by the prosecutor to reduce or dismiss some of the charges brought against the defendant in exchange for a guilty plea. The second category, “sentence bargaining” refers to a promise by the prosecutor to recommend a specific sentence or to refrain from making any sentence recommendation in exchange for a guilty plea. The concept of plea bargaining was introduced in India Criminal Justice System in the year 2005 by means of Criminal Law (Amendment) Act, 2005. By this amendment, a new Chapter XXI A has been introduced in the Code of Criminal Procedure.

Earlier the Criminal Jurisprudence of India did not recognize the concept of “plea bargaining” as such. However, reference may be made to section 206 (1) and Section 206 (3) of the Code of Criminal Procedure and section 208 (1) of the Motor Vehicles Act, 1988. These provisions enable the accused to plead guilty for petty offences and to pay small fines whereupon the case is closed.

The Government was hesitant to take a policy decision on the introduction of the plea bargaining in the criminal justice system due to opposition from the legal experts, judiciary etc. The Hon’ble Supreme Court has criticized the concept of Plea Bargaining in its judgment namely, Murlidhar Meghraj Loya v. State of Maharashtra, AIR 1976 SC 1929

Further, the Hon’ble Supreme Court in the case of Kachhia Patel Shantilal Koderlal v. State of Gujarat and Anr 1980CriLJ553 strongly disapproved the practice of plea bargain. The Apex Court held that practice of plea bargaining is unconstitutional, illegal and would tend to encourage corruption, collusion and pollute the pure fount of justice. Similarly, in Kasambhai v. State of Gujarat, AIR 1980 SC 854 the Supreme Court had expressed an apprehension that such a provision is likely to be abused.

The Law Commission of India advocated the introduction of ‘Plea Bargaining’ in the 142nd, 154th and 177th reports. The Law commission noted that the experience of United States was an evidence of plea bargaining being a means for the disposal of accumulated cases and expediting the delivery of criminal justice.

Based on the recommendation of the Law Commission, the new chapter on plea bargaining making plea bargaining in cases of offences punishable with imprisonment upto seven years has been included in Crl.R.C and the same has come into effect from 05.07.2006. A consideration of Chapter XXI-A dealing with plea bargaining will show that certain procedure prescribed for plea bargaining under Sections 265-A to 265-L of Cr.P.C are to be complied to make it a valid plea bargaining. As per Section 265-A, the plea bargaining shall be available to the accused charged of any offence other than offences punishable with death or imprisonment or for life or of an imprisonment for a term exceeding seven years. Section 265-B contemplates an application for plea bargaining to be filed by the accused which shall contain a brief description of the case relating to which such application is filed, including the offence to which the case relates and shall be accompanied by an affidavit sworn by the accused stating therein that he has voluntarily preferred, after understanding the nature and extent of the punishment provided under the law for the offence, the plea bargaining in his case and that he has not previously been convicted by a court in a case in which he had been charged with the same offence. Sub-clause 4(a) is to the effect that if the court is satisfied with the voluntary nature of the application, then it shall provide time for working out a mutually satisfactory disposition of the case which may include giving to the victim by the accused compensation and other expenses. Section 265-C prescribes the procedure to be followed by the court in working out a mutually satisfactory disposition. Section 265-D deals with the preparation of the report by the court as to the arrival of a mutually satisfactory disposition or failure of the same. Section 265-E prescribes the procedure to be followed in disposing of the cases when a satisfactory disposition of the case is worked out. Section 265-F deals with the pronouncement of judgment in terms of such mutually satisfactory disposition. Section 265-G says that no appeal shall lie against such judgment. Section 265-H deals with the powers of the court in plea bargaining. Section 265-I makes Section 428 applicable to the sentence awarded on plea bargaining. Section 265-J contains a non obstante clause that the provisions of the chapter shall have effect notwithstanding anything inconsistent therewith contained in any other provisions of the Code and nothing in such other provisions shall be construed to contain the meaning of any provision of chapter XXI-A. Section 265-K says that the statements or facts stated by the accused in an application for plea bargaining shall not be used for any other purpose except for the purpose of the chapter. Section 265-L makes the chapter not applicable in case of any juvenile or child as defined in Section 2(k) of Juvenile Justice (Care and Protection of Children) Act, 2000.

Unless the aforesaid procedure contemplated in Chapter XXI-A is followed the same cannot be a valid disposal on plea bargaining. Even though 'plea bargaining' is available after the introduction of the said amendment is available, in cases of offences which are not punishable either with death or with imprisonment for life or with imprisonment for a term exceeding seven years, the chapter contemplates a mutually satisfactory disposition of the case which may also include giving compensation to victim and other expenses. The same cannot be done without involving the victim in the process of arriving at such settlement.

The provisions also mandate the court to give accused the benefit of Probation of Offenders Act where so ever it is permissible. Thus, if an admonition or a supervisory order is passed under the Probation of Offenders Act, 1958, then Section 12 of the said Act provides that it shall not cast any stigma on the offender. Section 12 of the Probation of Offenders Act, 1958 provides that a person found guilty of an offence and dealt with under section 3 or 4 of the said Act, shall not suffer any disqualification attached to the conviction. Thus, the Government employees who are released on probation under the Probation of offenders Act are saved from the disqualification which is attached to conviction. See Sh. Charan Singh Vs. M.C.D. (Writ Petition (Civil) No. 18725/2005) decided on 05/10/2006.

Concept of Plea Bargaining should be encouraged and the litigant should be encouraged to avail the remedy of plea bargaining to settle the pending cases. For the successful implementation of plea bargaining and to achieve its objectives, the role of judiciary and the bar is very important.  The member of the bar should encourage the litigant to opt for the plea bargaining rather than to treat the plea bargaining a threat to their profession. With the changing world scenario where all the countries are shifting to ADR from the traditional litigation process which is lengthy as well as complex, the plea bargaining may be one of the best recourse as an ADR mechanism to meet the challenges of disposal of pending cases.

Neeraj Aarora