Maxim No. 1
On His Own Description
I am Mahdi; I am Qaem (the upriser); I am the one who will establish justice on the earth as it has been filled with injustice.
Maxim No. 2
On His Own Description
I am the one supported by God on earth; I am the one who shall take revenge on His enemies.
Maxim No. 3
On the Description of God's Proofs
God has kept them away from sins, untouched by flaws, purified of corruption and immune to mistakes. God has designated them as the guardians of His Knowledge, trustees of His Wisdom, confidant of His Secrets and supported them with logic.
Maxim No. 4
On the Fact that God Is With Them
God is with us and His Being makes us free from want. Truth is with us and we do not fear if the people were to turn their back on us.
Maxim No. 5
On Their Righteousness
And they should know that truth is with us and near us, and those who claim the same are dishonest. Except for the misled and those who lead others astray, no one makes such a claim other than us.
Maxim No. 6
On Their Being God's Creation
We are the Lord's Creation and others were later remade in our image.
Maxim No. 7
On Their Hearts Being the Focus of God's Will
Our hearts bear God's Will. When He Wills, we also will the same.
Maxim No. 8
On Affairs Entrusted to Them
Fear God, surrender to us and leave the affairs to us. It is for us to take you away from the spring satiated, as you were taken to the spring by us and do not pursue that which have been concealed from you.
Maxim No. 9
On Not Going Astray
Do not go astray from the right path and strengthen your move on this path based on established traditions by befriending us.
Maxim No. 10
On Seeking Enlightenment From Others
Seeking enlightenment from other than the prophet's Household (AS) is akin to denying us.
Maxim No. 11
On Those Who Do Injustice to Imam Mahdi (AS)
Those who do injustice to me are among the oppressors and subject to God's Curse, because the Almighty says: "Verily God's curse is upon oppressors."
Maxim No. 12
On Those Disliked by Imam Mahdi (AS)
The Lord, His angels, prophets and saints dislike those who are disliked by me.
Maxim No. 13
On Those Who Deny Imam Mahdi (AS)
There is no kinship between God and others, and those who deny me are not with me.
Maxim No. 14
On Those Who Hurt Imam Mahdi (AS)
Only the ignorant and unwise Shiites whose piety is weaker than the wings of a fly hurt me.
Maxim No. 15
On Those who Seize His Belongings
A fire blazes in the hearts of those who unjustly confiscate our belongings and will soon be thrown by their face into that fire.
Maxim No. 16
On Reasons for Taking Khums
I will not accept your offers but only if you become pure.
Maxim No. 17
On the Reason Behind His Occultation
Neither my forefathers swore allegiance to the seditious, nor will I at the time of my reappearance.
Maxim No. 18
On the Benefit of His Occultation
Benefiting from me during my occultation is like benefiting from the sun when it is covered in cloud.
Maxim No. 19
On Benefiting From Imam Mahdi (AS) During Occultation
I provide the people on the earth with safety and security just as the stars do for those in heavens.
Maxim No. 20
On Benefiting From Imam Mahdi (AS) During Occultation
The Lord, through me, keeps misfortunes away from my household and my Shiite followers.
Maxim No. 21
On Referring to Narrators of Traditions in His Occultation
In case of new events, refer to narrators of my traditions because they are my proof to you as I am the sign of the Lord's proof to them.
Maxim No. 22
On Those Who Claim to Have Seen Imam Mahdi (AS)
Those who claim to have seen me before the appearance of Sufyani and the call from the sky are liars and accusers.
Maxim No. 23
On Being Aware of Shiite Followers
I am aware of your situation and nothing remains hidden from me.
Maxim No. 24
On Giving Considerations to His Shiite Followers
I have not neglected or forgotten you because if so, you would have been long plagued by endless misfortunes and destroyed by your enemies.
Maxim No. 25
On Reappearance Depending on God’s Will
My reappearance depends on the Lord’s Will and this will take place after a long time, darkening of hearts and prevalence of injustice on the earth.
Maxim No. 26
On Not Determining the Time of Reappearance
My reappearance depends on the Lord's Will and those who falsely determine a time are liars.
Maxim No. 27
On Reappearance Marking the Prevalence of Truth
Upon the Lord's permission, truth will prevail and falsehood will be defeated.
Maxim No. 28
On Leaving the Time of Reappearance to the Lord
Do not ask of things that do not benefit you and do not trouble yourself to find something that has not been asked of you.
Maxim No. 29
On Duties of Muslims in the Era of Occultation
All of you should try to befriend us and keep away from things disliked and rejected by us, for our order will come without notice when there is no time for repentance and regret will not save you from our retribution.
Maxim No. 30
On the Reason for His Delayed Reappearance
If my Shiite followers--may god reward them for their obedience--were to unite to fulfill their pledge, our meeting with them would not have been delayed and they would have met me sooner--a meeting based on their awareness and sincerity toward us.
Maxim No. 31
On the Reason for Being Deprived of Meeting Him
Nothing keeps us away from them, except acts disliked and disapproved by me.
Maxim No. 32
On Praying for His Reappearance
Pray for my reappearance, as their victory depends on it.
Maxim No. 33
On Keeping Away From Sins
The end result--with the admirable intervention of the Lord--will be auspicious as long as Shiites keep away from sins.
Maxim No. 34
On the Earth Being Full of Divine Signs
Verily the earth will not remain devoid of divine signs, whether evident or concealed.
Maxim No. 35
On the Victory of Truth Over Falsehood
God is averse to keeping the truth incomplete and not destroying falsehood.
Maxim No. 36
On the Lord's Irrepressible Power
The Lord's power cannot be overwhelmed, His Will is irrepressible and nothing will hinder His Victory.
Maxim No. 37
On Seeking Refuge in God
I take refuge in God from blindness after illumination, from deviation after guidance and from destructive conduct and annihilating seditions.
Maxim No. 38
On the Purposefulness of Creation
Verily God has not created mankind in vain and did not left them to wander aimlessly.
Maxim No. 39
On Those Who Appeal for Guidance
If you are in search of guidance you shall be guided, and if you seek you shall find.
Maxim No. 40
On the Virtues of Prayers
Nothing disgraces Satan like prayers, so pray and disgrace Satan.
Thursday, June 24, 2010
Dua e Salaamati Imam e Zamana a.s.
O Allah, bless Muhammad and the family of Muhammad.
O Allah, be, for Your representative, the Hujjat (proof), son of AlHasan, Your blessings be on him and his forefathers, in this hour and in every hour, a guardian, a protector, a leader, a helper, a proof, and an eye. until You make him live on the earth, in obedience (to You), and cause him to live in it for a long time. O One who directs all the affairs, O One who will raise those who are in the graves, O One who makes the rivers flow, O One who softened the iron for Dawood, Bless Muhammad and the family of Muhammad, and do for me . . . (ask for your wishes), in this night, this night.
Transliteration
ALLAAHUMMA KUN LE-WALIYYEKAL HUJJATIBNIL HASANE SALAWAATOKA A'LAYHE WA A'LAA AAABAA-EHI
FEE HAAZEHIS SAA-A'TE WA FEE KULLE SAA-A'TIN WALIYYAWN WA HAAFEZAWN WA QAA-EDAWN WA
NAASERAWN WA DALEELAWN WA A'YNAN HATTAA TUSKENAHU ARZAKA TAW-A'N WA TOMATTE-A'HU
FEEHAA TAWEELAA.
The following benefits of Dua e Salaamati Imam e Zamana a.s. have been provided by Zakira Tahira Jaffer
88 Benefits of Dua e Salamati Imam e Zamana as
1. Allah bestows His Mercy on the reciter.
2. Best way to attain Allah’s pleasure and proximity (qurbat).
3. Reciter’s faith gets strengthened.
4. Develops true love for Imam as.
5. Recitation proves that the reciter is a true muntazir of Imam as.
6. Constant recitation keeps Shaitan away.
7. Provides patience during hardships.
8. Provides solution for hardships.
9. Best way to show our love to Allah.
10. Best way to show our love to Imam as.
11. Allah forgives reciter’s sins.
12. Imam as himself prays for the reciter.
13. Imam’s shafaa’at (recommendation) in Allah’s Bargaah.
14. Prophet saww will provide shafaa’at.
15. Allah’s special Mercy.
16. Prayers are answered.
17. Best way to offer Ajr e Risaalat.
18. Prevents hardships.
19. Provides safety from catastrophe (balaayein and aafatein).
20. Increase in sustenance.
21. Imam as gives his Ziyarat for a true reciter.
22. Attains Imam’s as nearness in this world.
23. Increases love for Ahle Bait a.s.
24. Prepares the reciter for his meeting with Allah after death.
25. Hastens Imam’s as appearance.
26. Increases obedience to Prophet saww and Imam as.
27. Provides nijaat for reciter’s parents.
28. Relieves the reciter from the burden of loan.
29. Provides peace of heart.
30. Reciter’s heart brightens up with Imam’s as noor.
31. Good intentions and aims are fulfilled.
32. Allah provides with a hidden (ghaibi) help.
33. Helps in understanding the knowledge in Quran.
34. Helps in overcoming enemies.
35. Attains high status in Allah’s Bargah.
36. Saves one from hardships of Aakherat.
37. Relieves the reciter from the pangs of death.
38. Saves from Fishaare Qabr or chastisement in grave.
39. True reciter will be raised with Imam Ali as on the Day of Resurrection.
40. True reciter will be raised with this Dua’s noor on the Day of Resurrection.
41. True reciter will be raised with Aimmah as on the Day of Resurrection.
42. Reciter becomes Allah’s favourite bandaa.
43. Angels pray with the reciter.
44. Attains nearness of Prophet saww.
45. Reciter will be in Paradise.
46. Reciter proves his attachment and relationship with Quran & Ahle Bait as.
47. Prophet saww will pray for the reciter.
48. Imam Ali as will pray for the reciter.
49. Imam Zainul Abideen as will pray for the reciter.
50. Allah will be a Helper in the reciter’s worship (ibaadat).
51. Dua is a weapon against atrocities and cruel and brutal people.
52. Bad deeds get converted to good ones.
53. Virtue (Sawaab) equal to that of respecting elders.
54. Virtue equal to that of an Aalim e Deen or a Scholar.
55. Virtue equal to that of doing good to Imam as.
56. Virtue equal to that of taking revenge with Imam Husain’s as enemies.
57. Best way to act on Imam Ali’s as sayings.
58. Forgiveness of 70000 sins.
59. Reciter will enter Paradise without any giving any account of his deeds.
60. Reciter will not feel thirsty on the Day of Resurrection.
61. Allah will provide the reciter with virtues of a kind hearted and respected person.
62. Attains high status in Paradise.
63. This Dua is a proof of complete faith or Kaamil Imaan.
64. Injures Shaitan’s heart.
65. Reciter gets reward equal to the person martyred while fighting alongside Prophet saww.
66. Reciter will get servants in Paradise.
67. Reciter gains everyone’s respect and everyone behaves good with him.
68. Allah’s Mercy will provide protection.
69. Allah feels proud of His bandaa.
70. This Dua is one of the signs of Allah.
71. Attains position of a true Momin.
72. Angels visit and listen to this Dua wherever it is being recited.
73. Angels pray for reciter’s forgiveness.
74. Reciter will be saved from the catastrophe of the Day of Resurrection.
75. Reciter attains the same level as that of a pious (muttaqi) person in Imam’s as eyes.
76. Reciter shows true obedience to Imam as
77. Reciter get pleasure of Allah.
78. Reciter get pleasure of Prophet saww.
79. One of the best recitations in Allah’s Bargaah.
80. Reciter will get the rank of a martyr on the Day of Resurrection.
81. Easy accounting of reciter’s deeds on the Day of Resurrection.
82. Reciter will be among the rulers in Paradise.
83. Keeps anger in control.
84. Better to recite tis Dua before Imam’s as reappearance than after he reappears, Inshallah.
85. Best friend in Barzakh and on the Day of Resurrection.
86. One of the best deeds.
87. This Dua is like a tightly held rope ( Allah’s rassi).
88. Bibi Syeda Fatima Zahra as will provide shafaa’at to the reciter on the Day of
Resurrection.
--
लेना चाहते हो तो आशीर्वाद लो।
देना चाहते हो तो अभय दान दो।
खाना चाहते हो तो क्रोध और गम को खाओ।
मारना चाहते हो तो बुरे विचारों को मारो।
जानना चाहते हो तो परमेश्वर को जानो।
जीतना चाहते हो तो तृष्णाओं को जीतो।
पीना चाहते हो तो ईश्वर चिन्तन का शर्बत पीओ।
पहनना चाहते हो तो नेकी का जामा पहनो।
करना चाहते हो तो दीन-दुखियोंकी सहायता करो।
छोड़ना चाहते हो तो झूठ बोलना छोड़ दो।
बोलना चाहते हो तो मीठे वचन बोलो।
तौलना चाहते हो तो अपनी वाणी को तौलो।
देखना चाहते हो तो अपने अवगुणों को देखो।
सुनना चाहते हो तो दुःखियोंकी पुकार सुनो।
पढ़ना चाहते हो तो महापुरुषोंकी जीवनी पढ़ो।
दर्शन करना चाहते हो तो देव दर्शन करो।
चलना चाहते हो तो सन्मार्ग पर चलो।
पहचानना चाहते हो तो अपने आप को पहचानो।
देना चाहते हो तो अभय दान दो।
खाना चाहते हो तो क्रोध और गम को खाओ।
मारना चाहते हो तो बुरे विचारों को मारो।
जानना चाहते हो तो परमेश्वर को जानो।
जीतना चाहते हो तो तृष्णाओं को जीतो।
पीना चाहते हो तो ईश्वर चिन्तन का शर्बत पीओ।
पहनना चाहते हो तो नेकी का जामा पहनो।
करना चाहते हो तो दीन-दुखियोंकी सहायता करो।
छोड़ना चाहते हो तो झूठ बोलना छोड़ दो।
बोलना चाहते हो तो मीठे वचन बोलो।
तौलना चाहते हो तो अपनी वाणी को तौलो।
देखना चाहते हो तो अपने अवगुणों को देखो।
सुनना चाहते हो तो दुःखियोंकी पुकार सुनो।
पढ़ना चाहते हो तो महापुरुषोंकी जीवनी पढ़ो।
दर्शन करना चाहते हो तो देव दर्शन करो।
चलना चाहते हो तो सन्मार्ग पर चलो।
पहचानना चाहते हो तो अपने आप को पहचानो।
Wednesday, June 23, 2010
CONTEMPT OF COURT: THE NEED FOR A FRESH LOOK
Justice Markandey Katju
Judge, Supreme Court of India
The topic of Contempt of Court often comes up for discussion and comment. Some talk of
reforming the Law of Contempt, others suggest abolishing this power in Courts altogether, etc. There are a
large number of books and articles on the subject.
The attempt is here to give the subject a new look by going into the Fundamental Principles.
The basic principle in a democracy is that the people are supreme. It follows that all authorities,
whether Judges, Legislators, Ministers, Bureaucrats, etc. are servants of the people.
Thus, the preamble to the Constitution of India states :
“We, The People of India, having solemnly resolved to constitute India into a SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens :
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the
Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixty day of November, 1949, do
HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUION.”
These words emphasize the republican and democratic character of our Constitution, and show
that all power ultimately stems from the People.
Once this concept of popular sovereignty is kept firmly in mind it becomes obvious that the people
of India are the masters and all authorities in India (including the Courts) are their servants. Surely the master
has the right to criticize the servant if the servant does not act or behave properly. It would logically seem to
follow that in a democracy the people have the right to criticize the Judges. Why then, it may be asked,
should there be a Contempt of Courts Act which to some extent prevents people from criticizing Judges or
doing other things which are regarded as Contempt of Court? This is a question which calls for a close
examination, and this is what is attempted here.
The Constitution has no doubt been created by the people. But this instrument has itself created the
Courts, which means that the people in their wisdom realized that there must be a forum (or fora) where
disputes between the people could be resolved and grievances of the people redressed peacefully.
It is in the nature of things that in every society there will be disputes between the people and
grievances of the people. If there is no forum to resolve these disputes and redress these grievances
peacefully, they will be resolved violently with bombs, guns, knives and lathis. Hence the judiciary is a great
safety valve. By giving a hearing to a person having a grievance, and by giving a verdict on the basis of settled
legal principles, the Court pacifies that person, otherwise the grievance may erupt violently. The judiciary thus
maintains peace in society, and no society can do without it.
Looking at it from this angle one can immediately realize that in a democracy the purpose of the
Contempt of Court power can only be to enable the Court to function. The power is not to prevent the
2
master (the people) from criticizing their servant (the Judges) if the latter do not function properly or commit
misconduct.
Article 19(1)(a) of the Constitution gives the right of freedom of speech and expression to all citizens.
But Articles 129 and 215 give the power of Contempt of Court to the higher judiciary, and this power limits
the freedom granted by Article 19(1)(a). How are these two provisions to be reconciled?
In my opinion once it is accepted that India is a democracy, and that in a democracy the people are
supreme, the reconciliation can only be affected by treating the right of the citizens of free speech and
expression under Article 19(1)(a) to be primary, and the power of contempt to be subordinate. In other
words, the people are free, and have the right to criticize Judges, but they should not go to the extent of
making the functioning of the judiciary impossible or extremely difficult.
Thus in my opinion the test to determine whether an act amounts to Contempt of Court or not is
this : does it make the functioning of the Judges impossible or extremely difficult? If it does not, then it does
not amount to Contempt of Court, even if it is harsh criticism.
Much of our Contempt Law is a hangover from British rule. But under British rule India was not
free and democratic, and the people were not supreme, rather it was the British rulers who were supreme.
Also there was no Constitution at that time containing provisions like Article 19(1)(a). How then can the law
of those days be applicable today?
As a Judge in three High Courts (Allahabad, Madras and Delhi) I would often tell the lawyers in open
Court that they could criticize me as much as they liked, inside the Court or outside it, to their heart’s
content, but I would not initiate proceedings for Contempt of Court. Either the criticism was correct, in
which case I deserved it, or it was false in which case I would ignore it. Some people deliberately try to
provoke the Judge to initiate Contempt of Court proceedings, their whole game being to get publicity. The
best way to deal with such persons would be to ignore them, and thus deny them the publicity which they are
really seeking. I would often say in Court “Contempt power is a `Brahmastra’ to be used only on a `patra’
(deserving person), and I do not regard you as a `patra’.”
I also said that the only situation where I would have to take some action was if my functioning as a
Judge was made impossible e.g. if someone jumps up on to the dais of the Court and runs away with the
Court file, or keeps shouting and screaming in Court, or threatens a party or a witness. After all I have to
function if I wish to justify my salary.
In a speech delivered on 1.12.2001 in Jaipur on the topic “The Law of Contempt – is it being
stretched too far?” The doyen of the Indian Bar, Mr. Fali Nariman, said that the offence of `scandalizing the
Court’ is a mercurial jurisdiction in which there are no rules and no constraints. I may quote an entire long
passage from this speech:
“It was Jeremy Bentham (the theoretical jurist) who characterized the Common Law as “Dog
Law.”
“When your dog does anything you want to break him off”, (he wrote in 1823), “you wait till
he does it, and then beat him for it. This is the way you make laws for your dog, and this is the way
judges make laws for you and me.”
The law of contempt of court in Anglo-Saxon jurisprudence both in England in the past,
and in India in the past and present, has been no more, no less than “Dog-Law”. There are no rules, no
constraints – no precise circumstances when the administration of justice is brought into contempt. The
judgments are strewn with pious platitudes that give little guidance to the editor, to the commentator, to
lawyers, and to members of the public: this part of the law of contempt though necessary, is a standing
threat to free expression. It leaves too much to the discretion of the particular judge (or judges). And at
times decisions do give rise to a strange feeling that the status of the person who scandalizes the Court
perhaps did affect the ultimate result.
3
In 1988 a sitting Cabinet Minister made wide and improper remarks against Judges of the
Supreme Court. He said :
“Zamindars like Golaknath (he was speaking of the Golaknath Case) evoked a sympathetic
cord nowhere in the whole country expect the Supreme Court of India. And the bank magnates, the
representatives of the elitist culture of this country ably supported by industrialists, the beneficiaries of
independence, got higher compensation by the intervention of the Supreme Court in Cooper’s case
(1970). Anti social elements, FERA violators, bride burners and a whole hoard of reactionaries have
found their haven in the Supreme Court.”
The minister then went on to say that because the Judges of the highest Court had their
“unconcealed sympathy for the haves” (as opposed to the have nots) they had interpreted the expression
“compensation” in the manner they did: clearly attributing motives.
And yet a Bench of two Judges (in Duda’s case AIR 1988 SC 1208) exonerated him. Let me
read to you what the Bench said :
“Bearing in mind the trend in the law of contempt (they were speaking of the liberal trend)-
established by the Judgment of Justice Krishna Iyer in Mulgaokar’s case (AIR 1978 SC 727), the speech
of the Minister has to be read in its proper perspective, and when so read it did not bring the
administration of justice into disrepute or impair the administration of justice. The Minister is not guilty
of contempt of the Court.”
Admirable. Laudable. Free speech upheld. But one cannot help wondering whether their
Lordships would have been quite as liberal if the criticism had been made by a less important personage
than a Cabinet Minister.
Again when an important personage Mr. Mohd. Yunus, Chairman of the Trade Fair
Authority of India known at the time to be very close to the Prime Minister – had criticized a judgment
delivered by a Supreme Court Judge in the Jehovah Witness’ case holding that the singing of the National
Anthem for a particular sect. of Christians was not compulsory – Mr. Mohd. Yunus said this Judge
(Justice Chinnappa Reddy) “has no right to be called either an Indian or a Judge.”
An Association of individuals called the Conscientious Group filed a petition seeking a
direction that Mr. Yunus should be hauled up for contempt. But close colleagues of Justice Chinnappa
Reddy daily sitting with him suddenly found themselves powerless to even call for an explanation from
Mr. Mohd. Yunus – on the technical ground that when the Attorney-General was approached by the
petitioners to give his sanction he had declined, and the Solicitor-General had also demurred, vide
Conscientious Group vs. Mohammed Yunus and Ors., AIR 1987 SC 1451.
They know that the power to issue notice suo motu for any contempt was plenary (not
dependant on the fiat of the Attorney-General or Solicitor-General) – yet they chose not to invoke it
even though a Sitting Judge of the Supreme Court had been described as a person not fit to be an Indian,
not fit to be a Judge.
Yet in a later case (also reported) a not-so-important litigant was held guilty of contempt for
saying that a Judge was anti-national. When a Bench of the Supreme Court of India hearing a
miscellaneous application said that it was inclined to think that a particular case should go before a
Bench, which had earlier passed some orders, an inconsequential member of the public Mohd. Zahir
Khan (the litigant) addressed the Court in a loud tone thus :
“Either he is an anti-national or the Judges are anti-nationals.”
“A notice was issued and the litigant was found guilty of contempt of court and made to
suffer imprisonment for one month, vide Mohd. Zahir Khan vs. Vijai Singh & Ors. 1992 Supp.(2) SCC
4
72. These examples are given not to deride our Judges or criticize previous decisions. It is only to
illustrate very graphically – that the true nature of this aspect of contempt jurisdiction : is mercurial,
unpredictable – capable of being exercised (and therefore in fact exercised) differently in different cases
and by different Judges in the same Court.
And the disturbing trend persist.”
The criticism of Mr. Nariman about the uncertain state of affairs regarding the Law of Contempt
appears to be justified.
To give an example, in P.N. Duda vs. P. Shiv Shanker AIR 1988 SC 1208, the speech delivered by
the then Union Law Minister Mr. P. Shiv Shanker in substance was similar to the one delivered by the then
Chief Minister of Kerala Mr. Nambudiripad. However, Mr. Nambudiripad was held to be guilty of contempt
of Court (vide AIR 1970 SC 2015) but Mr. Shiv Shanker was not. Is this not uncertainty in the law?
It may be noted that Mr. Nambudiripad in his speech had accused the Judges of being biased in
favour of rich people and against the poor. In substance this was the same allegation which was made by Mr.
Shiv Shanker (extract of whose speech is referred to above).
Mr. Nariman and others are perfectly correct in saying that there should be certainty in the law, and
not uncertainty. After all, the citizen should know where he stands.
The uncertainty in the Law of Contempt of Court was, in my opinion, for two reasons (1) In the
Contempt of Courts Act, 1952 there was no definition of `contempt’, (2) even when a definition was
introduced by the Contempt of Courts Act, 1971 (vide Section 2) there was no definition of what constitutes
scandalizing the Court, or what prejudices, or interferes with, the course of justice. What could be regarded as
scandalous earlier may not be regarded as scandalous today and what could earlier be regarded as prejudicing
or interfering with the course of justice may not be so regarded today.
In this paper it is sought to remove this uncertainty in the Law of Contempt, and this calls for a deep
analysis of the subject.
The view about the contempt power was first stated in England by Wilmot J. in 1765 in a judgment
which was in fact never delivered (R. vs. Almon). In that opinion Wilmot J. observed that this power in the
Courts was for vindicating their authority, and it was coeval with their foundation and institution, and was a
necessary incident to a Court of Justice. The above dictum was thereafter followed by successive Courts not
only in England but also in other countries.
Thus the power of Contempt was said to be required for maintaining the dignity and vindicating the
authority of the Court.
But whence comes this authority and dignity of the Court? In England it came from the King. The
judicial function is a sovereign function. The King was the fountain of justice, and in earlier times he would
himself decide cases. It was only subsequently when the king had many other functions (military,
administrative, etc.) that he delegated judicial functions to his delegate, who began to be called Judges.
Thus in a monarchy the Judge really exercises the delegated functions of the King, and for this he
requires dignity and majesty as a King must have, to get obedience from his subjects.
The situation becomes totally different in a democracy in which it is the people, and not the King,
who are supreme. Here the Judges get authority delegated to them by the people, and not by a king.
We may analyze this a little deeper. In a monarchy it is the King which is the superior entity, while
the people, being his subjects, are the inferior entity. Since the Judges are really performing the delegated
functions of the King, they need the majesty and aura which the King needed to secure obedience from his
subjects.
5
In a democracy, on the other hand, it is the people who are supreme, and therefore they are the
superior entity, while all State authorities (including Judges) are inferior entities, being the servants of the
people.
Hence in a democracy there is no need for Judges to vindicate their authority or display majesty or
pomp. Their authority will come from the public confidence, and this in turn will be an outcome of their own
conduct, their integrity, impartiality, learning and simplicity. No other vindication is required in a democracy
by Judges, and there is no need for them to display majesty and authority.
The view expressed above is in fact accepted now even in England. As observed by Lord Salmon in
AG vs. BBB (1981) AC 303 = (1980) 3 All ER 161 (170):
“The description `Contempt of Court’ no doubt has a historical basis, but it
is nonetheless misleading. Its object is not to protect the dignity of the Courts but
to protect the administration of justice.”
This is precisely the thesis which is sought to propounded in this paper. The contempt power in a
democracy is only to enable the Court to function, and not to vindicate and maintain its authority and dignity.
In Almon’s case, to which we have already referred, the defendant had published a pamphlet accusing
Lord Mansfield, the Lord Chief Justice of having acted `officiously, arbitrarily and illegally’. Wilmot J.
observed that this:
“excites in the minds of the people a general dissatisfaction with all judicial
determinations, and indisposes their minds to obey them; and whenever men’s
allegiance to the laws is so fundamentally shaken, it is the most fatal and most
dangerous obstruction of justice, and, in my opinion, calls for a more rapid and
immediate redress than any other obstruction whatsoever; not for the sake of the
Judges, as private individuals, but because they are the channels by which the King’s
justice is conveyed to the people. To be impartial, and to be universally thought so,
are both absolutely necessary.”
(Vide Miller’s Contempt of Court 3rd Edition page 568)
Wilmot J’s opinion was expressed in 1765. Can it be said to be the Law of Contempt of Court in
England today? Hardly. Even though there is no written Constitution in England and hence no Fundamental
Right like Article 19(1)(a), the old view of Contempt of Court is totally changed today even in England, and
now the view is that of Lord Salmon, as mentioned above.
Justice is not ‘a cloistered virtue’, said Lord Atkin, and must suffer the scrutiny and outspoken
comments of ordinary men. In fact exposure to criticism only strengthens the judiciary, far from weakening
it.
As observed by Lord Denning in R vs. Commissioner of Police (1968) 2 QB 150:
“Let me say at once that we will never use this jurisdiction as a means to
uphold our own dignity. That must rest on surer foundations. Nor will we use it to
suppress those who speak against us. We do not fear criticism, nor do we resent it.
For there is something far more important at stake. It is no less than freedom of
speech itself.
It is the right of every man, in Parliament or out of it, in the press or over
the broadcast, to make fair comment, even outspoken comment, on matters of
public interest. Those who comment can deal faithfully with all that is done in a
court of justice. They can say that we are mistaken, and our decisions erroneous,
whether they are subject to appeal or not. All we would ask is that those who
criticize us will remember that, from the nature of our office, we cannot reply to
their criticisms. We cannot enter into public controversy. Still less into political
controversy. We must rely on our conduct itself to be its own vindication.”
6
The best shield and armour of a Judge is his reputation of integrity, impartiality, and learning. An
upright Judge will hardly ever need to use the contempt power in his judicial career. It is only in a very rare
and extreme case that this power will need to be exercised, and that, too only to enable the Judge to function,
not to maintain his dignity or majesty.
Sometimes an honest and learned Judge is unjustifiably criticized. But for one such person criticizing
an upright Judge one hundred people will immediately rush to his defence (even without the Judge asking for
such defence). Why then, should Judges get upset or be afraid of criticism, particularly when we are living in a
democracy? As long as the Judge is allowed to function, the best course for him is to ignore baseless criticism
(but pay heed to honest and correct criticism).
I remember when I was Chief Justice of Madras High Court two Hon’ble Judges of the Court (whom
I greatly respect) one day came to my chamber during the lunch interval. They were looking very upset and
disturbed. Apparently someone in the Court distributed a leaflet making some allegations against them. I
went through the leaflet, and then asked them “Is you conscience clear?” They said it was. Then I laughed
and told them to just ignore the leaflet, otherwise they would get blood pressure. When I said this they too
started laughing, tore up the leaflet and threw it into the waste paper basket. I told them, that this was only an
`occupational hazard’ of a Judge, and in a democracy people say all sorts of things, which a Judge should learn
to ignore as long as his conscience was clear.
In ‘American Jurisprudence’ (1964 Second Edition, Vol. 17 page 6) it is stated:
“Contempt of court has been defined as a despising of the authority, justice or
dignity of the court. Generally speaking, he whose conduct tends to bring the
authority and administration of the law into disrespect or disregard, or otherwise
tends to impede, embarrass or obstruct the court in discharge of its duties, is guilty
of contempt…. Contempt of court has also been described as any conduct that in
law constitutes an offence against the authority and dignity of a court or of a judicial
officer in the performance of a judicial function.”
With due respect this definition is wide off the mark in modern times in a democracy. It is a
hangover of the archaic and obsolete British Law of Contempt which originated at a time when the British
King was supreme, and the Judges were his agents.
In a democracy it is not criticism by a few persons which brings a Judge into disrepute or shakes his
authority, it is his own conduct (or rather misconduct) which can do so. If a Judge is honest and upright (and
the people know about the integrity of a Judge very quickly) no amount of misguided and baseless criticism
can bring him into disrepute or shake his authority, for such authority comes from the confidence of the
public at large.
We may now come back again to the central point in this paper. I submit that the law of contempt of
court can be made certain once it is accepted that the purpose of the contempt power is not to vindicate or
uphold the majesty and dignity of the court (for it is automatically vindicated and upheld by the proper
conduct of the Judge, not by threats of using the contempt power) but only to enable the court to function.
The contempt power should only be used in a rare and very exceptional situation where without using it, it
becomes impossible or extremely difficult for the court to function. In such rare and exceptional situations,
too, the contempt power should not be used if the mere threat to use it suffices.
It has, no doubt, been mentioned in Section 2(c) of the Contempt of Courts Act, 1971 that any act
which ‘scandalises or tends to scandalize, or lowers or tends to lower the authority of any court is contempt of
court.
But what is the meaning of ‘scandalising’? The meaning of words, and our notions, change with the
passage of time. For instance many things which were regarded obscene earlier are no longer regarded
obscene, today (e.g., D.H. Lawrence’s book ‘Lady Chatterley’s Lover’).
7
Does calling a Judge a fool scandalize him? In this connection we may refer to the decision of the
House of Lords in the Spycatcher case, vide Attorney General v. Guardian Newspaper 1987(3) All.E.R.
316 (H.L.).
The facts of the case were that a former spy, Peter Wright, wrote a book entitled ‘Spycatcher’ about
his days in the British Intelligence Agency MI5. The British Government filed an injunction suit to restrain
publication of the book on the ground that the material in the book was confidential and was prejudicial to
national security. By a 3-2 majority the House of Lords granted the injunction.
The Press was outraged. The Daily Mirror, for example, ran a banner headline next day accompanied
by upside down photographs of the majority Judges and the caption ‘YOU FOOLS’.
Mr.Nariman, who was in England at that time, asked Lord Templeman (the Senior Judge in the
majority) why no contempt proceedings were initiated. Lord Templeman smiled, and said that Judges in
England did not take notice of personal insults. Though he believed he was not a fool, others were entitled to
their opinion.
Thus the concept of ‘scandalising’ the court has changed. In earlier times a person who called a
Judge a fool in England would certainly be hauled up for contempt; today he would not. And the reasons for
this change is, as Lord Salmon has pointed out, that today the contempt power is not used for vindicating the
authority of the Judge but only for enabling him to function. If for instance, a person keeps shouting or
whistling in my court repeatedly, and does not stop despite my repeated requests, obviously I will have to take
some action to enable me to function. After all people are paying taxes from which I get my salary and perks,
and I have to justify this salary by deciding their disputes. Similarly, if someone threatens a party or witness in
a case, I will certainly take action. But if a person calls me a fool, whether inside court or outside it, I for one
would not take action as it does not prevent me from functioning, and I would simply ignore the comment, or
else say (like Lord Templeman) that everyone is entitled to his opinion. After all, words break no bones.
In Balogh v. Crown Court at St.Albans (975 QB 373 the defendant told the Judge in Court “You
are a humourless automaton. Why don’t you self-destruct?” Lord Denning said that such insults are best
treated with disdain, and took no action.
There may, of course, be differences of opinion about what acts prevent, or make it very difficult, for
a Judge, to function. For instance, do comments by the public (including lawyers, journalists, etc.), or
publicity in the media, about a pending case prevent, or make it very difficult, for the Judge to function? I, for
one, am inclined to think that it does not. A Judge should have the equanimity and inner strength to remain
unperturbed and unruffled in any situation.
In this connection I may refer to the speech delivered on 19.2.1968 by Mr.K.L. Misra, the then
Advocate General of U.P. on the demise of my grandfather, Late Dr.K.N. Katju in which he said:
“No leadership of the Bar, at least in those days, was possible without the
background of a deep scholarship and learning of law. I remember, very vividly, his
coming back to the Bar, after incarceration of about 3 or 4 years, late in 1943, when
he sat down, in a corner of the Advocates Association, and then, within a few days,
read through cases decided by the British Courts during the time of his absence
from the Bar. I went near him. He called me and put before me a judgment of the
King’s Bench Division, which I read with absorbing interest, the very learned
discussion in the judgment on the difference between “value” and “price”. Dr.Katju
asked me: “what is the significant thing you have noticed about this judgment”. I
read it again before him and tried to tell him what the gist of the judgment was. He
said: “No, no; look at the date of the judgment.” He then pointed out to me that
the date, on which the judgment was delivered, with that scholarly and cloistered
detachment, fell during the days when the German Air Force – its bomber squadron
– were spreading widespread devastation and destruction in England. He told me
that this detachment makes up the mentality of a true Judge.”
8
Now if even bombs falling near him do not disturb a true Judge, why should mere comments or
publicity do so? A Judge’s shoulders should be broad enough to shrug off such comments or publicity
without getting perturbed or influenced.
In my opinion, therefore, the expression ‘preventing or making it extremely difficult, for the Judge to
function’ should ordinarily be understood with reference to a Judge who has a true Judge’s temperament –
detached, calm, with equanimity, and with broad enough shoulders to shrug off baseless criticism or attempts
to influence him without being perturbed.
In my opinion a fresh and modern, democratic approach, like that in England, USA and
commonwealth countries, is now required in India to do away with the old anachronistic view. Contempt
jurisdiction is now very sparingly exercised in these western countries. Thus in Defence Secretary v.
Guardian Newspapers (1985) 1 A.C. 339 (347) Lord Diplock observed that “the species of contempt which
consists of ‘scandalising the judges’ is virtually obsolescent in England and may be ignored”.
Moreover, it must always be remembered that contempt jurisdiction is discretionary jurisdiction. A
Judge is not bound to take action for contempt even if contempt has in fact been committed.
An interesting example of this is given by Lord Denning in his Book “The Due Process of Law” at
Page 6 were he writes:
“On every Monday morning we hear litigants in person. Miss Stone was often there.
She made an application before us. We refused it. She was sitting in the front row
with a book-case within her reach. She picked up one of Butterworth’s ‘Workmen’s
Compensation Cases’ and threw it at us. It passed between Lord Justice Diplock
and me. She picked up another. That went wide too. She said, ‘I am running out of
ammunition’. We took little notice. She had hoped we would commit her for
contempt of court – just to draw more attention to herself. As we took no notice,
she went towards the door. She left saying: ‘I congratulate your Lordships on your
coolness under fire’.”
Before concluding, I may refer to the book on “Judges” by David Pannick, in which he states:
“Some politicians, and a few jurists, urge that it is unwise or even dangerous to tell
the truth about the judiciary. Judge Jerome Frank of the US Court of Appeals
sensibly explained that he had little patience with, or respect for, that suggestion. I
am unable to conceive…. that, in a democracy, it can never be wise to acquaint the
public with the truth about the workings of any branch of government. It is wholly
undemocratic to treat the public as children who are unable to accept the
inescapable shortcomings of man-made institutions… The best way to bring about
the elimination of those shortcomings of our judicial system which are capable of
being eliminated is to have all our citizens informed as to how that system now
functions. It is a mistake, therefore, to try to establish and maintain, through
ignorance, public esteem for our courts.”
In this connection reference may be made to the recent amendment to the Contempt of Courts Act (the
contempt of Courts Amendment Act, 2006) which has introduced a new Section 13(b) which states:
“The courts may permit, in any proceedings for contempt of court, justification by
truth as a valid defence if it is satisfied that it is in public interest and the request for
invoking the said defence is bona fide.”
Thus, truth is now a defence in contempt of court proceedings if it is in public interest and is bona
fide. This amendment is in the right direction, and was long overdue.
Judge, Supreme Court of India
The topic of Contempt of Court often comes up for discussion and comment. Some talk of
reforming the Law of Contempt, others suggest abolishing this power in Courts altogether, etc. There are a
large number of books and articles on the subject.
The attempt is here to give the subject a new look by going into the Fundamental Principles.
The basic principle in a democracy is that the people are supreme. It follows that all authorities,
whether Judges, Legislators, Ministers, Bureaucrats, etc. are servants of the people.
Thus, the preamble to the Constitution of India states :
“We, The People of India, having solemnly resolved to constitute India into a SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens :
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the
Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixty day of November, 1949, do
HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUION.”
These words emphasize the republican and democratic character of our Constitution, and show
that all power ultimately stems from the People.
Once this concept of popular sovereignty is kept firmly in mind it becomes obvious that the people
of India are the masters and all authorities in India (including the Courts) are their servants. Surely the master
has the right to criticize the servant if the servant does not act or behave properly. It would logically seem to
follow that in a democracy the people have the right to criticize the Judges. Why then, it may be asked,
should there be a Contempt of Courts Act which to some extent prevents people from criticizing Judges or
doing other things which are regarded as Contempt of Court? This is a question which calls for a close
examination, and this is what is attempted here.
The Constitution has no doubt been created by the people. But this instrument has itself created the
Courts, which means that the people in their wisdom realized that there must be a forum (or fora) where
disputes between the people could be resolved and grievances of the people redressed peacefully.
It is in the nature of things that in every society there will be disputes between the people and
grievances of the people. If there is no forum to resolve these disputes and redress these grievances
peacefully, they will be resolved violently with bombs, guns, knives and lathis. Hence the judiciary is a great
safety valve. By giving a hearing to a person having a grievance, and by giving a verdict on the basis of settled
legal principles, the Court pacifies that person, otherwise the grievance may erupt violently. The judiciary thus
maintains peace in society, and no society can do without it.
Looking at it from this angle one can immediately realize that in a democracy the purpose of the
Contempt of Court power can only be to enable the Court to function. The power is not to prevent the
2
master (the people) from criticizing their servant (the Judges) if the latter do not function properly or commit
misconduct.
Article 19(1)(a) of the Constitution gives the right of freedom of speech and expression to all citizens.
But Articles 129 and 215 give the power of Contempt of Court to the higher judiciary, and this power limits
the freedom granted by Article 19(1)(a). How are these two provisions to be reconciled?
In my opinion once it is accepted that India is a democracy, and that in a democracy the people are
supreme, the reconciliation can only be affected by treating the right of the citizens of free speech and
expression under Article 19(1)(a) to be primary, and the power of contempt to be subordinate. In other
words, the people are free, and have the right to criticize Judges, but they should not go to the extent of
making the functioning of the judiciary impossible or extremely difficult.
Thus in my opinion the test to determine whether an act amounts to Contempt of Court or not is
this : does it make the functioning of the Judges impossible or extremely difficult? If it does not, then it does
not amount to Contempt of Court, even if it is harsh criticism.
Much of our Contempt Law is a hangover from British rule. But under British rule India was not
free and democratic, and the people were not supreme, rather it was the British rulers who were supreme.
Also there was no Constitution at that time containing provisions like Article 19(1)(a). How then can the law
of those days be applicable today?
As a Judge in three High Courts (Allahabad, Madras and Delhi) I would often tell the lawyers in open
Court that they could criticize me as much as they liked, inside the Court or outside it, to their heart’s
content, but I would not initiate proceedings for Contempt of Court. Either the criticism was correct, in
which case I deserved it, or it was false in which case I would ignore it. Some people deliberately try to
provoke the Judge to initiate Contempt of Court proceedings, their whole game being to get publicity. The
best way to deal with such persons would be to ignore them, and thus deny them the publicity which they are
really seeking. I would often say in Court “Contempt power is a `Brahmastra’ to be used only on a `patra’
(deserving person), and I do not regard you as a `patra’.”
I also said that the only situation where I would have to take some action was if my functioning as a
Judge was made impossible e.g. if someone jumps up on to the dais of the Court and runs away with the
Court file, or keeps shouting and screaming in Court, or threatens a party or a witness. After all I have to
function if I wish to justify my salary.
In a speech delivered on 1.12.2001 in Jaipur on the topic “The Law of Contempt – is it being
stretched too far?” The doyen of the Indian Bar, Mr. Fali Nariman, said that the offence of `scandalizing the
Court’ is a mercurial jurisdiction in which there are no rules and no constraints. I may quote an entire long
passage from this speech:
“It was Jeremy Bentham (the theoretical jurist) who characterized the Common Law as “Dog
Law.”
“When your dog does anything you want to break him off”, (he wrote in 1823), “you wait till
he does it, and then beat him for it. This is the way you make laws for your dog, and this is the way
judges make laws for you and me.”
The law of contempt of court in Anglo-Saxon jurisprudence both in England in the past,
and in India in the past and present, has been no more, no less than “Dog-Law”. There are no rules, no
constraints – no precise circumstances when the administration of justice is brought into contempt. The
judgments are strewn with pious platitudes that give little guidance to the editor, to the commentator, to
lawyers, and to members of the public: this part of the law of contempt though necessary, is a standing
threat to free expression. It leaves too much to the discretion of the particular judge (or judges). And at
times decisions do give rise to a strange feeling that the status of the person who scandalizes the Court
perhaps did affect the ultimate result.
3
In 1988 a sitting Cabinet Minister made wide and improper remarks against Judges of the
Supreme Court. He said :
“Zamindars like Golaknath (he was speaking of the Golaknath Case) evoked a sympathetic
cord nowhere in the whole country expect the Supreme Court of India. And the bank magnates, the
representatives of the elitist culture of this country ably supported by industrialists, the beneficiaries of
independence, got higher compensation by the intervention of the Supreme Court in Cooper’s case
(1970). Anti social elements, FERA violators, bride burners and a whole hoard of reactionaries have
found their haven in the Supreme Court.”
The minister then went on to say that because the Judges of the highest Court had their
“unconcealed sympathy for the haves” (as opposed to the have nots) they had interpreted the expression
“compensation” in the manner they did: clearly attributing motives.
And yet a Bench of two Judges (in Duda’s case AIR 1988 SC 1208) exonerated him. Let me
read to you what the Bench said :
“Bearing in mind the trend in the law of contempt (they were speaking of the liberal trend)-
established by the Judgment of Justice Krishna Iyer in Mulgaokar’s case (AIR 1978 SC 727), the speech
of the Minister has to be read in its proper perspective, and when so read it did not bring the
administration of justice into disrepute or impair the administration of justice. The Minister is not guilty
of contempt of the Court.”
Admirable. Laudable. Free speech upheld. But one cannot help wondering whether their
Lordships would have been quite as liberal if the criticism had been made by a less important personage
than a Cabinet Minister.
Again when an important personage Mr. Mohd. Yunus, Chairman of the Trade Fair
Authority of India known at the time to be very close to the Prime Minister – had criticized a judgment
delivered by a Supreme Court Judge in the Jehovah Witness’ case holding that the singing of the National
Anthem for a particular sect. of Christians was not compulsory – Mr. Mohd. Yunus said this Judge
(Justice Chinnappa Reddy) “has no right to be called either an Indian or a Judge.”
An Association of individuals called the Conscientious Group filed a petition seeking a
direction that Mr. Yunus should be hauled up for contempt. But close colleagues of Justice Chinnappa
Reddy daily sitting with him suddenly found themselves powerless to even call for an explanation from
Mr. Mohd. Yunus – on the technical ground that when the Attorney-General was approached by the
petitioners to give his sanction he had declined, and the Solicitor-General had also demurred, vide
Conscientious Group vs. Mohammed Yunus and Ors., AIR 1987 SC 1451.
They know that the power to issue notice suo motu for any contempt was plenary (not
dependant on the fiat of the Attorney-General or Solicitor-General) – yet they chose not to invoke it
even though a Sitting Judge of the Supreme Court had been described as a person not fit to be an Indian,
not fit to be a Judge.
Yet in a later case (also reported) a not-so-important litigant was held guilty of contempt for
saying that a Judge was anti-national. When a Bench of the Supreme Court of India hearing a
miscellaneous application said that it was inclined to think that a particular case should go before a
Bench, which had earlier passed some orders, an inconsequential member of the public Mohd. Zahir
Khan (the litigant) addressed the Court in a loud tone thus :
“Either he is an anti-national or the Judges are anti-nationals.”
“A notice was issued and the litigant was found guilty of contempt of court and made to
suffer imprisonment for one month, vide Mohd. Zahir Khan vs. Vijai Singh & Ors. 1992 Supp.(2) SCC
4
72. These examples are given not to deride our Judges or criticize previous decisions. It is only to
illustrate very graphically – that the true nature of this aspect of contempt jurisdiction : is mercurial,
unpredictable – capable of being exercised (and therefore in fact exercised) differently in different cases
and by different Judges in the same Court.
And the disturbing trend persist.”
The criticism of Mr. Nariman about the uncertain state of affairs regarding the Law of Contempt
appears to be justified.
To give an example, in P.N. Duda vs. P. Shiv Shanker AIR 1988 SC 1208, the speech delivered by
the then Union Law Minister Mr. P. Shiv Shanker in substance was similar to the one delivered by the then
Chief Minister of Kerala Mr. Nambudiripad. However, Mr. Nambudiripad was held to be guilty of contempt
of Court (vide AIR 1970 SC 2015) but Mr. Shiv Shanker was not. Is this not uncertainty in the law?
It may be noted that Mr. Nambudiripad in his speech had accused the Judges of being biased in
favour of rich people and against the poor. In substance this was the same allegation which was made by Mr.
Shiv Shanker (extract of whose speech is referred to above).
Mr. Nariman and others are perfectly correct in saying that there should be certainty in the law, and
not uncertainty. After all, the citizen should know where he stands.
The uncertainty in the Law of Contempt of Court was, in my opinion, for two reasons (1) In the
Contempt of Courts Act, 1952 there was no definition of `contempt’, (2) even when a definition was
introduced by the Contempt of Courts Act, 1971 (vide Section 2) there was no definition of what constitutes
scandalizing the Court, or what prejudices, or interferes with, the course of justice. What could be regarded as
scandalous earlier may not be regarded as scandalous today and what could earlier be regarded as prejudicing
or interfering with the course of justice may not be so regarded today.
In this paper it is sought to remove this uncertainty in the Law of Contempt, and this calls for a deep
analysis of the subject.
The view about the contempt power was first stated in England by Wilmot J. in 1765 in a judgment
which was in fact never delivered (R. vs. Almon). In that opinion Wilmot J. observed that this power in the
Courts was for vindicating their authority, and it was coeval with their foundation and institution, and was a
necessary incident to a Court of Justice. The above dictum was thereafter followed by successive Courts not
only in England but also in other countries.
Thus the power of Contempt was said to be required for maintaining the dignity and vindicating the
authority of the Court.
But whence comes this authority and dignity of the Court? In England it came from the King. The
judicial function is a sovereign function. The King was the fountain of justice, and in earlier times he would
himself decide cases. It was only subsequently when the king had many other functions (military,
administrative, etc.) that he delegated judicial functions to his delegate, who began to be called Judges.
Thus in a monarchy the Judge really exercises the delegated functions of the King, and for this he
requires dignity and majesty as a King must have, to get obedience from his subjects.
The situation becomes totally different in a democracy in which it is the people, and not the King,
who are supreme. Here the Judges get authority delegated to them by the people, and not by a king.
We may analyze this a little deeper. In a monarchy it is the King which is the superior entity, while
the people, being his subjects, are the inferior entity. Since the Judges are really performing the delegated
functions of the King, they need the majesty and aura which the King needed to secure obedience from his
subjects.
5
In a democracy, on the other hand, it is the people who are supreme, and therefore they are the
superior entity, while all State authorities (including Judges) are inferior entities, being the servants of the
people.
Hence in a democracy there is no need for Judges to vindicate their authority or display majesty or
pomp. Their authority will come from the public confidence, and this in turn will be an outcome of their own
conduct, their integrity, impartiality, learning and simplicity. No other vindication is required in a democracy
by Judges, and there is no need for them to display majesty and authority.
The view expressed above is in fact accepted now even in England. As observed by Lord Salmon in
AG vs. BBB (1981) AC 303 = (1980) 3 All ER 161 (170):
“The description `Contempt of Court’ no doubt has a historical basis, but it
is nonetheless misleading. Its object is not to protect the dignity of the Courts but
to protect the administration of justice.”
This is precisely the thesis which is sought to propounded in this paper. The contempt power in a
democracy is only to enable the Court to function, and not to vindicate and maintain its authority and dignity.
In Almon’s case, to which we have already referred, the defendant had published a pamphlet accusing
Lord Mansfield, the Lord Chief Justice of having acted `officiously, arbitrarily and illegally’. Wilmot J.
observed that this:
“excites in the minds of the people a general dissatisfaction with all judicial
determinations, and indisposes their minds to obey them; and whenever men’s
allegiance to the laws is so fundamentally shaken, it is the most fatal and most
dangerous obstruction of justice, and, in my opinion, calls for a more rapid and
immediate redress than any other obstruction whatsoever; not for the sake of the
Judges, as private individuals, but because they are the channels by which the King’s
justice is conveyed to the people. To be impartial, and to be universally thought so,
are both absolutely necessary.”
(Vide Miller’s Contempt of Court 3rd Edition page 568)
Wilmot J’s opinion was expressed in 1765. Can it be said to be the Law of Contempt of Court in
England today? Hardly. Even though there is no written Constitution in England and hence no Fundamental
Right like Article 19(1)(a), the old view of Contempt of Court is totally changed today even in England, and
now the view is that of Lord Salmon, as mentioned above.
Justice is not ‘a cloistered virtue’, said Lord Atkin, and must suffer the scrutiny and outspoken
comments of ordinary men. In fact exposure to criticism only strengthens the judiciary, far from weakening
it.
As observed by Lord Denning in R vs. Commissioner of Police (1968) 2 QB 150:
“Let me say at once that we will never use this jurisdiction as a means to
uphold our own dignity. That must rest on surer foundations. Nor will we use it to
suppress those who speak against us. We do not fear criticism, nor do we resent it.
For there is something far more important at stake. It is no less than freedom of
speech itself.
It is the right of every man, in Parliament or out of it, in the press or over
the broadcast, to make fair comment, even outspoken comment, on matters of
public interest. Those who comment can deal faithfully with all that is done in a
court of justice. They can say that we are mistaken, and our decisions erroneous,
whether they are subject to appeal or not. All we would ask is that those who
criticize us will remember that, from the nature of our office, we cannot reply to
their criticisms. We cannot enter into public controversy. Still less into political
controversy. We must rely on our conduct itself to be its own vindication.”
6
The best shield and armour of a Judge is his reputation of integrity, impartiality, and learning. An
upright Judge will hardly ever need to use the contempt power in his judicial career. It is only in a very rare
and extreme case that this power will need to be exercised, and that, too only to enable the Judge to function,
not to maintain his dignity or majesty.
Sometimes an honest and learned Judge is unjustifiably criticized. But for one such person criticizing
an upright Judge one hundred people will immediately rush to his defence (even without the Judge asking for
such defence). Why then, should Judges get upset or be afraid of criticism, particularly when we are living in a
democracy? As long as the Judge is allowed to function, the best course for him is to ignore baseless criticism
(but pay heed to honest and correct criticism).
I remember when I was Chief Justice of Madras High Court two Hon’ble Judges of the Court (whom
I greatly respect) one day came to my chamber during the lunch interval. They were looking very upset and
disturbed. Apparently someone in the Court distributed a leaflet making some allegations against them. I
went through the leaflet, and then asked them “Is you conscience clear?” They said it was. Then I laughed
and told them to just ignore the leaflet, otherwise they would get blood pressure. When I said this they too
started laughing, tore up the leaflet and threw it into the waste paper basket. I told them, that this was only an
`occupational hazard’ of a Judge, and in a democracy people say all sorts of things, which a Judge should learn
to ignore as long as his conscience was clear.
In ‘American Jurisprudence’ (1964 Second Edition, Vol. 17 page 6) it is stated:
“Contempt of court has been defined as a despising of the authority, justice or
dignity of the court. Generally speaking, he whose conduct tends to bring the
authority and administration of the law into disrespect or disregard, or otherwise
tends to impede, embarrass or obstruct the court in discharge of its duties, is guilty
of contempt…. Contempt of court has also been described as any conduct that in
law constitutes an offence against the authority and dignity of a court or of a judicial
officer in the performance of a judicial function.”
With due respect this definition is wide off the mark in modern times in a democracy. It is a
hangover of the archaic and obsolete British Law of Contempt which originated at a time when the British
King was supreme, and the Judges were his agents.
In a democracy it is not criticism by a few persons which brings a Judge into disrepute or shakes his
authority, it is his own conduct (or rather misconduct) which can do so. If a Judge is honest and upright (and
the people know about the integrity of a Judge very quickly) no amount of misguided and baseless criticism
can bring him into disrepute or shake his authority, for such authority comes from the confidence of the
public at large.
We may now come back again to the central point in this paper. I submit that the law of contempt of
court can be made certain once it is accepted that the purpose of the contempt power is not to vindicate or
uphold the majesty and dignity of the court (for it is automatically vindicated and upheld by the proper
conduct of the Judge, not by threats of using the contempt power) but only to enable the court to function.
The contempt power should only be used in a rare and very exceptional situation where without using it, it
becomes impossible or extremely difficult for the court to function. In such rare and exceptional situations,
too, the contempt power should not be used if the mere threat to use it suffices.
It has, no doubt, been mentioned in Section 2(c) of the Contempt of Courts Act, 1971 that any act
which ‘scandalises or tends to scandalize, or lowers or tends to lower the authority of any court is contempt of
court.
But what is the meaning of ‘scandalising’? The meaning of words, and our notions, change with the
passage of time. For instance many things which were regarded obscene earlier are no longer regarded
obscene, today (e.g., D.H. Lawrence’s book ‘Lady Chatterley’s Lover’).
7
Does calling a Judge a fool scandalize him? In this connection we may refer to the decision of the
House of Lords in the Spycatcher case, vide Attorney General v. Guardian Newspaper 1987(3) All.E.R.
316 (H.L.).
The facts of the case were that a former spy, Peter Wright, wrote a book entitled ‘Spycatcher’ about
his days in the British Intelligence Agency MI5. The British Government filed an injunction suit to restrain
publication of the book on the ground that the material in the book was confidential and was prejudicial to
national security. By a 3-2 majority the House of Lords granted the injunction.
The Press was outraged. The Daily Mirror, for example, ran a banner headline next day accompanied
by upside down photographs of the majority Judges and the caption ‘YOU FOOLS’.
Mr.Nariman, who was in England at that time, asked Lord Templeman (the Senior Judge in the
majority) why no contempt proceedings were initiated. Lord Templeman smiled, and said that Judges in
England did not take notice of personal insults. Though he believed he was not a fool, others were entitled to
their opinion.
Thus the concept of ‘scandalising’ the court has changed. In earlier times a person who called a
Judge a fool in England would certainly be hauled up for contempt; today he would not. And the reasons for
this change is, as Lord Salmon has pointed out, that today the contempt power is not used for vindicating the
authority of the Judge but only for enabling him to function. If for instance, a person keeps shouting or
whistling in my court repeatedly, and does not stop despite my repeated requests, obviously I will have to take
some action to enable me to function. After all people are paying taxes from which I get my salary and perks,
and I have to justify this salary by deciding their disputes. Similarly, if someone threatens a party or witness in
a case, I will certainly take action. But if a person calls me a fool, whether inside court or outside it, I for one
would not take action as it does not prevent me from functioning, and I would simply ignore the comment, or
else say (like Lord Templeman) that everyone is entitled to his opinion. After all, words break no bones.
In Balogh v. Crown Court at St.Albans (975 QB 373 the defendant told the Judge in Court “You
are a humourless automaton. Why don’t you self-destruct?” Lord Denning said that such insults are best
treated with disdain, and took no action.
There may, of course, be differences of opinion about what acts prevent, or make it very difficult, for
a Judge, to function. For instance, do comments by the public (including lawyers, journalists, etc.), or
publicity in the media, about a pending case prevent, or make it very difficult, for the Judge to function? I, for
one, am inclined to think that it does not. A Judge should have the equanimity and inner strength to remain
unperturbed and unruffled in any situation.
In this connection I may refer to the speech delivered on 19.2.1968 by Mr.K.L. Misra, the then
Advocate General of U.P. on the demise of my grandfather, Late Dr.K.N. Katju in which he said:
“No leadership of the Bar, at least in those days, was possible without the
background of a deep scholarship and learning of law. I remember, very vividly, his
coming back to the Bar, after incarceration of about 3 or 4 years, late in 1943, when
he sat down, in a corner of the Advocates Association, and then, within a few days,
read through cases decided by the British Courts during the time of his absence
from the Bar. I went near him. He called me and put before me a judgment of the
King’s Bench Division, which I read with absorbing interest, the very learned
discussion in the judgment on the difference between “value” and “price”. Dr.Katju
asked me: “what is the significant thing you have noticed about this judgment”. I
read it again before him and tried to tell him what the gist of the judgment was. He
said: “No, no; look at the date of the judgment.” He then pointed out to me that
the date, on which the judgment was delivered, with that scholarly and cloistered
detachment, fell during the days when the German Air Force – its bomber squadron
– were spreading widespread devastation and destruction in England. He told me
that this detachment makes up the mentality of a true Judge.”
8
Now if even bombs falling near him do not disturb a true Judge, why should mere comments or
publicity do so? A Judge’s shoulders should be broad enough to shrug off such comments or publicity
without getting perturbed or influenced.
In my opinion, therefore, the expression ‘preventing or making it extremely difficult, for the Judge to
function’ should ordinarily be understood with reference to a Judge who has a true Judge’s temperament –
detached, calm, with equanimity, and with broad enough shoulders to shrug off baseless criticism or attempts
to influence him without being perturbed.
In my opinion a fresh and modern, democratic approach, like that in England, USA and
commonwealth countries, is now required in India to do away with the old anachronistic view. Contempt
jurisdiction is now very sparingly exercised in these western countries. Thus in Defence Secretary v.
Guardian Newspapers (1985) 1 A.C. 339 (347) Lord Diplock observed that “the species of contempt which
consists of ‘scandalising the judges’ is virtually obsolescent in England and may be ignored”.
Moreover, it must always be remembered that contempt jurisdiction is discretionary jurisdiction. A
Judge is not bound to take action for contempt even if contempt has in fact been committed.
An interesting example of this is given by Lord Denning in his Book “The Due Process of Law” at
Page 6 were he writes:
“On every Monday morning we hear litigants in person. Miss Stone was often there.
She made an application before us. We refused it. She was sitting in the front row
with a book-case within her reach. She picked up one of Butterworth’s ‘Workmen’s
Compensation Cases’ and threw it at us. It passed between Lord Justice Diplock
and me. She picked up another. That went wide too. She said, ‘I am running out of
ammunition’. We took little notice. She had hoped we would commit her for
contempt of court – just to draw more attention to herself. As we took no notice,
she went towards the door. She left saying: ‘I congratulate your Lordships on your
coolness under fire’.”
Before concluding, I may refer to the book on “Judges” by David Pannick, in which he states:
“Some politicians, and a few jurists, urge that it is unwise or even dangerous to tell
the truth about the judiciary. Judge Jerome Frank of the US Court of Appeals
sensibly explained that he had little patience with, or respect for, that suggestion. I
am unable to conceive…. that, in a democracy, it can never be wise to acquaint the
public with the truth about the workings of any branch of government. It is wholly
undemocratic to treat the public as children who are unable to accept the
inescapable shortcomings of man-made institutions… The best way to bring about
the elimination of those shortcomings of our judicial system which are capable of
being eliminated is to have all our citizens informed as to how that system now
functions. It is a mistake, therefore, to try to establish and maintain, through
ignorance, public esteem for our courts.”
In this connection reference may be made to the recent amendment to the Contempt of Courts Act (the
contempt of Courts Amendment Act, 2006) which has introduced a new Section 13(b) which states:
“The courts may permit, in any proceedings for contempt of court, justification by
truth as a valid defence if it is satisfied that it is in public interest and the request for
invoking the said defence is bona fide.”
Thus, truth is now a defence in contempt of court proceedings if it is in public interest and is bona
fide. This amendment is in the right direction, and was long overdue.
Honour Killings in India
To be young and in love has proved fatal for many young girls and boys in parts of north India as an intolerant and bigoted society refuses to accept any violation of its rigid code of decorum, especially when it comes to women. The two teenage girls who were shot dead last week by a cousin in Noida for daring to run away to meet their boyfriends are the latest victims of honour killings, a euphemism for doing away with anyone seen as spoiling the family's reputation. Many such killings are happening with regularity in Punjab, Haryana and western Uttar Pradesh. These are socially sanctioned by caste panchayats and carried out by
mobs with the connivance of family members.
The usual remedy to
such murders is to suggest that society must be prevailed upon to be more gender-sensitive and shed prejudices of caste and class. Efforts should be made to sensitise people on the need to do away with social biases. But equally, it should be made clear that there is no escape for those who take justice into their own hands. So far, there is no specific law to deal with honour killings. The murders come under the general categories of homicide or manslaughter. When a mob has carried out such attacks, it becomes difficult to pinpoint a culprit. The collection of evidence becomes tricky and eyewitnesses are never forthcoming.
Like the case of Sati and dowry where there are specific laws with maximum and minimum terms of punishment, honour killings, too, merit a second look under the law. In many cases, the victims who run away with 'unsuitable' partners are lured back home after FIRs are filed by their families. The police cannot be unaware that in many cases they are coming back to certain death at the hands of their relatives and fellow villagers. Yet, pre-emptive action to protect them is never taken. Undoubtedly, the virus of caste and class that affects those carrying out such crimes affects the police in the area too. But that can be no excuse to sanction murder. Active policing and serious penal sanctions is the only antidote to this most dishonourable practice.
--
Haider Ajaz
mobs with the connivance of family members.
The usual remedy to
such murders is to suggest that society must be prevailed upon to be more gender-sensitive and shed prejudices of caste and class. Efforts should be made to sensitise people on the need to do away with social biases. But equally, it should be made clear that there is no escape for those who take justice into their own hands. So far, there is no specific law to deal with honour killings. The murders come under the general categories of homicide or manslaughter. When a mob has carried out such attacks, it becomes difficult to pinpoint a culprit. The collection of evidence becomes tricky and eyewitnesses are never forthcoming.
Like the case of Sati and dowry where there are specific laws with maximum and minimum terms of punishment, honour killings, too, merit a second look under the law. In many cases, the victims who run away with 'unsuitable' partners are lured back home after FIRs are filed by their families. The police cannot be unaware that in many cases they are coming back to certain death at the hands of their relatives and fellow villagers. Yet, pre-emptive action to protect them is never taken. Undoubtedly, the virus of caste and class that affects those carrying out such crimes affects the police in the area too. But that can be no excuse to sanction murder. Active policing and serious penal sanctions is the only antidote to this most dishonourable practice.
--
Haider Ajaz
Saturday, June 19, 2010
Some Facts About Imam-E-Zamana (as)
Know Your Imam - Some Facts
• Name: Mohammed (as)
• Father : Imam Hassan al Askari (as)
• Mother: Narjis khatoon(sa)
• Birth date : 15 Shaaban year 255 AH
• Birth place : Samarrah (Iraq)
• Imamat date :At the age of 5 in Rabil awal 260AH
• Presently In occultation (ghaibat)
Know Your Imam - His Titles
• Abul Qasim (same as the prophet)
• Al Qaim (who will stand up)
• Al Muntazar (the awaited)
• Al Mahdi (guide)
• Sahibuzzaman (imam of our time)
• Khalaf saleh
Know Your Imam- Traditions
• “There will be 12 Successors”
• “The world shall not end until a person from my progeny who shall carry the same name ,comes & fills the earth with justice”
• “The world cannot exist unless an Imam or hujjat is present”
• There are many many more in various sources
Know Your Imam - Minor Occultation
•10/11th Imams made people familiar with concept
•Minor (ghaibat sughra) period lasted 69 years
•Names of 4 representatives in this period:-
1.Abu amr Uthman ibn Saeed Amri
2.Mohammed ibn Uthman (son of first)
3.Hussain ibn Rauh
4.Abu Hassan bin Mohammed SaymoriThere is a letter by our Imam informing us that his representatives will be the scholars (Alims - Marajas) henceforth.
Know Your Imam - Long Life Issues
• If Allah (swt) can make someone alive after death, why can’t HE keep someone alive for a long period?
• Many prophets /people have had v long lives: Adam, Noah, Khizr, Ilyas, Isa (as)
• Zulqarnain had a life of 3000 years
• Satan(shaitan) himself has a long life!
• There are proofs of the Imam’s birth but no reliable tradition on his death.
Know Your Imam - His Presence
• His example is like the sun behind the clouds, which though hidden still provides warmth & light
• He is only hidden from our ordinary vision
• Our deeds (a’amal) are taken to him regularly & he is sad or happy depending on what we do everyday
• He attends gatherings especially Haj
• Many , many incidents of meeting, sighting & help have been recorded
Know Your Imam - Reappearance Signs
• There will be discord & cruelty & injustice widespread
• Sufyani will appear
• Dajjal will appear
• Killing of Nafs e Zakkiyah
• There will be a heavenly cry
• It will be on Friday at the Ka’aba
Know Your Imam - Waiting….
• We need to be in waiting (Intezar) for his reappearance…
• Our actions & behavior should reflect we are in waiting for such a personality
• We should give up deeds which displease Allah (swt) & do what Islam demands from us.
• There is NO FIXED TIME for his re-appearance, it is unknown. You can make the difference if you call from the heart and be like he wants his followers to become.
Know Your Imam - Calling….
• He answers call from a All Momineen and Helps them when called.
• He meets people who call him with the right Neeyat
• He is the Imam of our time and in the time of need and difficulty we should call upon him for help and solutions.
• There are many recorded events since his occultation where he has helped Momineen in person.
• “ARIZA” is one way of communicating with him throughout the year.
DAJJAL'S UPRISING
________________________________________
The author of 'Eqdud-Durar' in chapter 5 narrates from Bukhari and Muslim and they in turn narrate from Ma'az-ibn-Jabal that the Holy Prophet (S.A.W.A.) said:
'A tribe from my nation will battle for the truth and will gain victory over the enemies until he will face Dajjal for the last time.'
One tradition mentions Hazrat as saying: 'A group from my nation.'
In section 3, chapter 9 of the same book, the author narrates from the book 'Mustadlak' of Hakim Abu-Abdullah (who reckons the chain of transmission of this tradition to be correct provided it has been narrated by Muslim) who narrates from Jabil-ibn Samrah and that Nafeh-ibn-Uqbah said: I heard the Holy Prophet saying: 'You will battle with the people of Arabian Peninsula and will gain victory over them. Thereafter you will battle with the Persians and you will gain victory over them too. Then you will battle with Dajjal .....
In section 2 chapter 12 of the same book, the author narrates from Abul-Abbass Ahmad-ibn-Yahya-ibnTughlab as saying:
'The reason why Dajjal is called as Dajjal is because he displays everything in contrariety.
Again, in the same section and the same chapter of the afore-said book, the author narrates from Bukhari and he from Anas-ibn-Malik and he from the Holy Prophet (S.A.W.A.) as such:
'There is no Prophet but that whose nation terrifies the ominous and mendacious Dajjal....'
Ibn-Hajar in 'Sawa'eq' (page 99) has narrated from Abul-Hussein Abari as such:
'Abundant traditions related by successive hearsay have come down from the Holy Prophet (S.A.W.A.)regarding Mahdi's emergence; concerning the fact that Hazrat is from the progeny of the Holy Prophet (S.A.W.A.); that he will rule for seven years; that he will fill the earth with Justice; that he will emerge along with Isa and the latter would help him in killing Dajjal....
SUFYANI'S UPRISING
The author of 'Eqdud-Durar' in section 2, chapter 4, narrates from Abdullah-ibn-Safwan and he from Hafsah (wife of the Holy Prophet) as such:
'I heard the Messenger of Allah (S.A.W.A.) saying: This house shall remain safe from an army which would attack it until the army takes position in a soft land. The centre row would sink in the ground while the first row would seek help from the last row. Then no one shall remain from them except the one who will inform about them.
A person addressed Abdullah-ibn-Safwan as such: I bear witness that you have not lied about Hafsah and she too has not lied about the Holy Prophet (S.A.W.A.).
This tradition has been narrated by Imam Muslim in his book 'Sahih'.
In the same chapter of the afore-said book, the author narrates from Imam Muslim (book of 'Sahih') who in turn narrates from Abdullah-ibn- Utbah who said:
I approached Umm-ul-Mumineen (i.e. Umm-Salma, the wife of the Holy Prophet) along with Harith-ibn-Abu Rabiyah and Abdullah-ibn Safnan.
Both inquired from Umm-Salme about the army which would sink in the ground and Umm-Salma replied:- The Messenger of Allah said: A person will seek shelter in the House (Ka'aba?) Allah shall appoint an army and when they reach the soft land they will sink in it.
I asked: 'O Messenger of Allah' How will be the state of the one who will be un-prosperous? He replied: He too shall sink with them but Allah will appoint him on the Day of Judgement as per his intention.
In one tradition, Imam Muhammad Baqir (A.S.)says: By 'soft land' it is meant Medina.
In section 3 chapter 4 of the same book, the author narrates from Hafiz Abu Abdullah Na'eem-ibnHemaad (book of Fatan) that Zuhri said:
'When Sufyani and Mahdi will encounter each other a cry will be heard from the heavens as such:
Be aware Allah's saints are the helpers of so and so a person i.e. Mahdi .... .
In section 2, chapter 4 of the same book, the author narrates from Na'eem-ibn-Hemaad and he from Khalil-ibn-Sufyan as saying:
Sufyani shall revolt and he will be having three pipes in his hand. He will not play on it for anyone but will die.
In section 2 chapter 4 of the same book, the author narrates from Hafiz Abu Abdullah Na'eem-ibn-Hemaad (book of Fatan) and Hafiz Abu Abdullah (book of Mustadrak) who reckon [the chain of transmission of this tradition to be authentic] and they from Ibn-Massoud that the Holy Prophet (S.A.W.A.) said:
'Be on guard against seven calamities which would occur after me:
The sedition which would arise in Medina, the sedition which would arise in Mecca, the sedition which would arise in Yemen, the sedition which would appear in Syria, the sedition which would appear from the East, the sedition which would arise from the West and lastly the sedition which would arise from central Syria which would be the sedition of Sufyani.
Ibn-Massoud says: Some of you will perceive the beginning of these seditions while some of you will perceive the last part of it.
Walid-ibn-Abbass says: The sedition of Medina was the very one which appeared from Thalha and Zubair, the seditiion of Mecca was the very one from Ibn-Zubair; the sedition of Yemen ascended from Najdah's side; the sedition of Syria appeared from Bani-Ummayah and sedition of central Syria is through this group.
In section 2, chapter 4 of 'Eqdud-Durar' its author narrates from Jabir-ibn-Yazid Ju'afi that Hazrat Imam Muhammad Baqir addressed Jabir as such: 'O Jabir! Sit firmly in your place until I describe for you the signs ..... Three flags will set out from Syria: Red and white flag, black and white flags and the flag of Sufyani ..... Sufyani shall dispatch 10000 men towards Kufa. They will plunder, kill and take as captives its inhabitants. When they will engage in these activities, men from Khorasan holding flags will march forward with swiftness. They are Mahdi's helpers.... Sufyani shall dispatch troops towards Medina and Mahdi shall escape from Medina to Mecca. The commander of the Sufyani's army shall be informed about Mahdi's flight towards Mecca.
Najdeh-ibn-Aamer Hanafi was one of the Khawarij who commands his army to persue Mahdi but they will not find him.... The commander of Sufyanis army shall descend over the land of 'Baidah' (soft land between Mecca and Medina) and a caller from the heavens shall cry out: 'O baidah! destroy this group'. Then the land of Baidah shall swallow them.
The author of 'Yanabi-ul-Muwadda' (page 414) has narrated from the book 'Durrul-Monzoom' as such: 'One of the signs of Mahdi's emergence will be the revolt of Sufyani. He will dispatch 30000 men towards Mecca where they will sink in the land of Baidah'....
Ibn Abil-Hadid in his 'commentary of Nahjul-Balagha (vol. 1, pg. 21 1) on the occasion when Ali (A.S.)delivered a sermon on the 'Ghaib' (unseen)says:- 'Abu Dawoud Thayalesi has narrated from Sulaiman Zarriq who has narrated from Abdul Aziz-ibn- Suhib who has narrated from Abul-A'alia that Mazrah (who was one of Ali's followers) said:
'An army shall advance until it reaches the land of Baidah. There, the army would sink in the ground.'
Abul-A'alia says: I asked Mazrah whether he would give me the news of the unseen and he replied: Keep guard of whatever I tell you since a reliable man like Ali-ibn-Abi Talib has informed me.
Ibn-Abid Hadid says: The tradition of 'Sinking in the ground' has been narrated by Bukhari and Muslim in their books of 'Sahih' from Umm-Salme (may Allah be satisfied with her) who said: I heard the Messenger of Allah saying: 'A group will seek shelter in the Ka'aba until they reach 'Baidah' and then the ground would swallow them.
I said: 'O Messenger of Allah! Perhaps the discontented people are amongst them!
The Messenger of Allah (S.A.W.A.) said: The land shall swallow them but they will be gathered. Or he said: They will be resurrected on the Day of Judgement according to their intentions.
Ibn-Abi Hadid says: Imam Muhammad Baqir (A.S.) was asked whether every land was called as 'Baidah' and Imam replied: Never. Rather 'Baidah' is in Medina.
Bukhari has narrated a part of this tradition while Muslim has narrated the rest.
The author of 'Esaaf-ul-Raghebeen' on page 153 says: It is mentioned in traditions that Sufyani will dispatch troops from Syria against Mahdi and they will sink in the ground at 'Baidah'. None will remain alive except the person who will spread news about them. Sufyani and Mahdi will approach that person along with their respective
followers and victory will be on Mahdi's side and Sufyani will be killed....
The author says: I have not come across any authentic traditions which have revealed the matter of meeting of the two afore-said armys - Perhaps it is between Kufa and Medina - Allah Knows best.
--
Dua Barai Salamatiye Imam-e-Zamana and Zahoor
• Name: Mohammed (as)
• Father : Imam Hassan al Askari (as)
• Mother: Narjis khatoon(sa)
• Birth date : 15 Shaaban year 255 AH
• Birth place : Samarrah (Iraq)
• Imamat date :At the age of 5 in Rabil awal 260AH
• Presently In occultation (ghaibat)
Know Your Imam - His Titles
• Abul Qasim (same as the prophet)
• Al Qaim (who will stand up)
• Al Muntazar (the awaited)
• Al Mahdi (guide)
• Sahibuzzaman (imam of our time)
• Khalaf saleh
Know Your Imam- Traditions
• “There will be 12 Successors”
• “The world shall not end until a person from my progeny who shall carry the same name ,comes & fills the earth with justice”
• “The world cannot exist unless an Imam or hujjat is present”
• There are many many more in various sources
Know Your Imam - Minor Occultation
•10/11th Imams made people familiar with concept
•Minor (ghaibat sughra) period lasted 69 years
•Names of 4 representatives in this period:-
1.Abu amr Uthman ibn Saeed Amri
2.Mohammed ibn Uthman (son of first)
3.Hussain ibn Rauh
4.Abu Hassan bin Mohammed SaymoriThere is a letter by our Imam informing us that his representatives will be the scholars (Alims - Marajas) henceforth.
Know Your Imam - Long Life Issues
• If Allah (swt) can make someone alive after death, why can’t HE keep someone alive for a long period?
• Many prophets /people have had v long lives: Adam, Noah, Khizr, Ilyas, Isa (as)
• Zulqarnain had a life of 3000 years
• Satan(shaitan) himself has a long life!
• There are proofs of the Imam’s birth but no reliable tradition on his death.
Know Your Imam - His Presence
• His example is like the sun behind the clouds, which though hidden still provides warmth & light
• He is only hidden from our ordinary vision
• Our deeds (a’amal) are taken to him regularly & he is sad or happy depending on what we do everyday
• He attends gatherings especially Haj
• Many , many incidents of meeting, sighting & help have been recorded
Know Your Imam - Reappearance Signs
• There will be discord & cruelty & injustice widespread
• Sufyani will appear
• Dajjal will appear
• Killing of Nafs e Zakkiyah
• There will be a heavenly cry
• It will be on Friday at the Ka’aba
Know Your Imam - Waiting….
• We need to be in waiting (Intezar) for his reappearance…
• Our actions & behavior should reflect we are in waiting for such a personality
• We should give up deeds which displease Allah (swt) & do what Islam demands from us.
• There is NO FIXED TIME for his re-appearance, it is unknown. You can make the difference if you call from the heart and be like he wants his followers to become.
Know Your Imam - Calling….
• He answers call from a All Momineen and Helps them when called.
• He meets people who call him with the right Neeyat
• He is the Imam of our time and in the time of need and difficulty we should call upon him for help and solutions.
• There are many recorded events since his occultation where he has helped Momineen in person.
• “ARIZA” is one way of communicating with him throughout the year.
DAJJAL'S UPRISING
________________________________________
The author of 'Eqdud-Durar' in chapter 5 narrates from Bukhari and Muslim and they in turn narrate from Ma'az-ibn-Jabal that the Holy Prophet (S.A.W.A.) said:
'A tribe from my nation will battle for the truth and will gain victory over the enemies until he will face Dajjal for the last time.'
One tradition mentions Hazrat as saying: 'A group from my nation.'
In section 3, chapter 9 of the same book, the author narrates from the book 'Mustadlak' of Hakim Abu-Abdullah (who reckons the chain of transmission of this tradition to be correct provided it has been narrated by Muslim) who narrates from Jabil-ibn Samrah and that Nafeh-ibn-Uqbah said: I heard the Holy Prophet saying: 'You will battle with the people of Arabian Peninsula and will gain victory over them. Thereafter you will battle with the Persians and you will gain victory over them too. Then you will battle with Dajjal .....
In section 2 chapter 12 of the same book, the author narrates from Abul-Abbass Ahmad-ibn-Yahya-ibnTughlab as saying:
'The reason why Dajjal is called as Dajjal is because he displays everything in contrariety.
Again, in the same section and the same chapter of the afore-said book, the author narrates from Bukhari and he from Anas-ibn-Malik and he from the Holy Prophet (S.A.W.A.) as such:
'There is no Prophet but that whose nation terrifies the ominous and mendacious Dajjal....'
Ibn-Hajar in 'Sawa'eq' (page 99) has narrated from Abul-Hussein Abari as such:
'Abundant traditions related by successive hearsay have come down from the Holy Prophet (S.A.W.A.)regarding Mahdi's emergence; concerning the fact that Hazrat is from the progeny of the Holy Prophet (S.A.W.A.); that he will rule for seven years; that he will fill the earth with Justice; that he will emerge along with Isa and the latter would help him in killing Dajjal....
SUFYANI'S UPRISING
The author of 'Eqdud-Durar' in section 2, chapter 4, narrates from Abdullah-ibn-Safwan and he from Hafsah (wife of the Holy Prophet) as such:
'I heard the Messenger of Allah (S.A.W.A.) saying: This house shall remain safe from an army which would attack it until the army takes position in a soft land. The centre row would sink in the ground while the first row would seek help from the last row. Then no one shall remain from them except the one who will inform about them.
A person addressed Abdullah-ibn-Safwan as such: I bear witness that you have not lied about Hafsah and she too has not lied about the Holy Prophet (S.A.W.A.).
This tradition has been narrated by Imam Muslim in his book 'Sahih'.
In the same chapter of the afore-said book, the author narrates from Imam Muslim (book of 'Sahih') who in turn narrates from Abdullah-ibn- Utbah who said:
I approached Umm-ul-Mumineen (i.e. Umm-Salma, the wife of the Holy Prophet) along with Harith-ibn-Abu Rabiyah and Abdullah-ibn Safnan.
Both inquired from Umm-Salme about the army which would sink in the ground and Umm-Salma replied:- The Messenger of Allah said: A person will seek shelter in the House (Ka'aba?) Allah shall appoint an army and when they reach the soft land they will sink in it.
I asked: 'O Messenger of Allah' How will be the state of the one who will be un-prosperous? He replied: He too shall sink with them but Allah will appoint him on the Day of Judgement as per his intention.
In one tradition, Imam Muhammad Baqir (A.S.)says: By 'soft land' it is meant Medina.
In section 3 chapter 4 of the same book, the author narrates from Hafiz Abu Abdullah Na'eem-ibnHemaad (book of Fatan) that Zuhri said:
'When Sufyani and Mahdi will encounter each other a cry will be heard from the heavens as such:
Be aware Allah's saints are the helpers of so and so a person i.e. Mahdi .... .
In section 2, chapter 4 of the same book, the author narrates from Na'eem-ibn-Hemaad and he from Khalil-ibn-Sufyan as saying:
Sufyani shall revolt and he will be having three pipes in his hand. He will not play on it for anyone but will die.
In section 2 chapter 4 of the same book, the author narrates from Hafiz Abu Abdullah Na'eem-ibn-Hemaad (book of Fatan) and Hafiz Abu Abdullah (book of Mustadrak) who reckon [the chain of transmission of this tradition to be authentic] and they from Ibn-Massoud that the Holy Prophet (S.A.W.A.) said:
'Be on guard against seven calamities which would occur after me:
The sedition which would arise in Medina, the sedition which would arise in Mecca, the sedition which would arise in Yemen, the sedition which would appear in Syria, the sedition which would appear from the East, the sedition which would arise from the West and lastly the sedition which would arise from central Syria which would be the sedition of Sufyani.
Ibn-Massoud says: Some of you will perceive the beginning of these seditions while some of you will perceive the last part of it.
Walid-ibn-Abbass says: The sedition of Medina was the very one which appeared from Thalha and Zubair, the seditiion of Mecca was the very one from Ibn-Zubair; the sedition of Yemen ascended from Najdah's side; the sedition of Syria appeared from Bani-Ummayah and sedition of central Syria is through this group.
In section 2, chapter 4 of 'Eqdud-Durar' its author narrates from Jabir-ibn-Yazid Ju'afi that Hazrat Imam Muhammad Baqir addressed Jabir as such: 'O Jabir! Sit firmly in your place until I describe for you the signs ..... Three flags will set out from Syria: Red and white flag, black and white flags and the flag of Sufyani ..... Sufyani shall dispatch 10000 men towards Kufa. They will plunder, kill and take as captives its inhabitants. When they will engage in these activities, men from Khorasan holding flags will march forward with swiftness. They are Mahdi's helpers.... Sufyani shall dispatch troops towards Medina and Mahdi shall escape from Medina to Mecca. The commander of the Sufyani's army shall be informed about Mahdi's flight towards Mecca.
Najdeh-ibn-Aamer Hanafi was one of the Khawarij who commands his army to persue Mahdi but they will not find him.... The commander of Sufyanis army shall descend over the land of 'Baidah' (soft land between Mecca and Medina) and a caller from the heavens shall cry out: 'O baidah! destroy this group'. Then the land of Baidah shall swallow them.
The author of 'Yanabi-ul-Muwadda' (page 414) has narrated from the book 'Durrul-Monzoom' as such: 'One of the signs of Mahdi's emergence will be the revolt of Sufyani. He will dispatch 30000 men towards Mecca where they will sink in the land of Baidah'....
Ibn Abil-Hadid in his 'commentary of Nahjul-Balagha (vol. 1, pg. 21 1) on the occasion when Ali (A.S.)delivered a sermon on the 'Ghaib' (unseen)says:- 'Abu Dawoud Thayalesi has narrated from Sulaiman Zarriq who has narrated from Abdul Aziz-ibn- Suhib who has narrated from Abul-A'alia that Mazrah (who was one of Ali's followers) said:
'An army shall advance until it reaches the land of Baidah. There, the army would sink in the ground.'
Abul-A'alia says: I asked Mazrah whether he would give me the news of the unseen and he replied: Keep guard of whatever I tell you since a reliable man like Ali-ibn-Abi Talib has informed me.
Ibn-Abid Hadid says: The tradition of 'Sinking in the ground' has been narrated by Bukhari and Muslim in their books of 'Sahih' from Umm-Salme (may Allah be satisfied with her) who said: I heard the Messenger of Allah saying: 'A group will seek shelter in the Ka'aba until they reach 'Baidah' and then the ground would swallow them.
I said: 'O Messenger of Allah! Perhaps the discontented people are amongst them!
The Messenger of Allah (S.A.W.A.) said: The land shall swallow them but they will be gathered. Or he said: They will be resurrected on the Day of Judgement according to their intentions.
Ibn-Abi Hadid says: Imam Muhammad Baqir (A.S.) was asked whether every land was called as 'Baidah' and Imam replied: Never. Rather 'Baidah' is in Medina.
Bukhari has narrated a part of this tradition while Muslim has narrated the rest.
The author of 'Esaaf-ul-Raghebeen' on page 153 says: It is mentioned in traditions that Sufyani will dispatch troops from Syria against Mahdi and they will sink in the ground at 'Baidah'. None will remain alive except the person who will spread news about them. Sufyani and Mahdi will approach that person along with their respective
followers and victory will be on Mahdi's side and Sufyani will be killed....
The author says: I have not come across any authentic traditions which have revealed the matter of meeting of the two afore-said armys - Perhaps it is between Kufa and Medina - Allah Knows best.
--
Dua Barai Salamatiye Imam-e-Zamana and Zahoor
Translation of Dua-e-Ariza
I have written to you O my master, may His mercy and blessing be on you, seeking a favour from you.
I have complained to you for what has happened to me seeking solutions firstly from Allah
and then from you for a matter that has obsessed me.
I am helpless in combating the problem and for that I have resorted to seeking help from Allah and from you.
Knowing the status you have with Allah.
I am confident that you will help me get the solutions to my problems swiftly and that you will intercede on my behalf.
I am helpless and moreover I am sinful:
so help O master and present this problem to Allah and I pray to Him that He will solve this quickly
and grant me victory and success in finding the solution to my problems.
(Write your personal wishes and problems in the provided space)
I am not able to carry or bear with it. Although I am responsible for the increase of my sins and
ignorant about my responsibilities (Wajibaats), from Allah which are given to me.
So help me O my master. Peace be upon you during this time of problems and sorrow.
presents my prayers to Allah before I compensate and before my enemies engulfs me. For you have shown me your blessings.
So I pray to Allah for great salvation and near victory with calmness from all fears,
for Allah is most high and does what he wants. Allah is sufficient for me from beginning and in my hopes.
Whatever Allah wish there is neither strength nor any power except in Allah the High, the Great.
I have complained to you for what has happened to me seeking solutions firstly from Allah
and then from you for a matter that has obsessed me.
I am helpless in combating the problem and for that I have resorted to seeking help from Allah and from you.
Knowing the status you have with Allah.
I am confident that you will help me get the solutions to my problems swiftly and that you will intercede on my behalf.
I am helpless and moreover I am sinful:
so help O master and present this problem to Allah and I pray to Him that He will solve this quickly
and grant me victory and success in finding the solution to my problems.
(Write your personal wishes and problems in the provided space)
I am not able to carry or bear with it. Although I am responsible for the increase of my sins and
ignorant about my responsibilities (Wajibaats), from Allah which are given to me.
So help me O my master. Peace be upon you during this time of problems and sorrow.
presents my prayers to Allah before I compensate and before my enemies engulfs me. For you have shown me your blessings.
So I pray to Allah for great salvation and near victory with calmness from all fears,
for Allah is most high and does what he wants. Allah is sufficient for me from beginning and in my hopes.
Whatever Allah wish there is neither strength nor any power except in Allah the High, the Great.
Sunday, June 13, 2010
SAFETY TIPS FOR CHILDREN
Some useful tips to follow while using the internet
HEY KIDS, DON’T CHAT WITH STRANGERS !
Your Parents are RIGHT when they say “DON'T TALK TO STRANGERS”. As far as possible NEVER talk with strangers in chat rooms. You really don't know who the person is that you are chatting with. Because you can't see or even hear the person it would be very easy for someone to mislead you.
ASK YOUR PARENTS AND SURF
Only surf where your parents have given you permission. There's a reason why they restrict your surfing area and you should listen to them.
If a web site looks suspicious or has a warning page about you being underage, leave immediately. Some sites are not meant for kids Do not go exploring. If you come across a site that you aren't sure about ask your parents. Don't download any applications from the internet that are from questionable sites. Some sites have viruses which come free with the downloads ! So be very careful with downloads. Better be safe than sorry.
PASSWORDS
Passwords are a secret so don't give out your passwords to anyone. Do not fill any online forms without asking your parents. Never put your email password on any website while registering.
E-MAIL SAFETY
Never open up any e-mail or attachments that you receive from people you don't know. Ask your parents to look at it first.
Sometimes e-mails may contain viruses which could harm your computer. Ask your parents to install the latest anti-virus programmers.
KEEP A WATCH
If someone is sending you e-mails you don't like tell your parents. Never reply to e-mails from strangers. If you have got an e-mail attachment even from a known person, do a virus scan before opening.
CHILD SAFE BROWSERS
Ask your parents to install child-safe browsers meant for children. These browsers are colorful and fun. These browsers help & guide you to visit good and safe sites and automatically protect you from the bad ones.
SET YOUR TIME
Don't spend all your time online. Set a time limit on your computer use. Keep your parents informed about sites you visits.
HEY KIDS, DON’T CHAT WITH STRANGERS !
Your Parents are RIGHT when they say “DON'T TALK TO STRANGERS”. As far as possible NEVER talk with strangers in chat rooms. You really don't know who the person is that you are chatting with. Because you can't see or even hear the person it would be very easy for someone to mislead you.
ASK YOUR PARENTS AND SURF
Only surf where your parents have given you permission. There's a reason why they restrict your surfing area and you should listen to them.
If a web site looks suspicious or has a warning page about you being underage, leave immediately. Some sites are not meant for kids Do not go exploring. If you come across a site that you aren't sure about ask your parents. Don't download any applications from the internet that are from questionable sites. Some sites have viruses which come free with the downloads ! So be very careful with downloads. Better be safe than sorry.
PASSWORDS
Passwords are a secret so don't give out your passwords to anyone. Do not fill any online forms without asking your parents. Never put your email password on any website while registering.
E-MAIL SAFETY
Never open up any e-mail or attachments that you receive from people you don't know. Ask your parents to look at it first.
Sometimes e-mails may contain viruses which could harm your computer. Ask your parents to install the latest anti-virus programmers.
KEEP A WATCH
If someone is sending you e-mails you don't like tell your parents. Never reply to e-mails from strangers. If you have got an e-mail attachment even from a known person, do a virus scan before opening.
CHILD SAFE BROWSERS
Ask your parents to install child-safe browsers meant for children. These browsers are colorful and fun. These browsers help & guide you to visit good and safe sites and automatically protect you from the bad ones.
SET YOUR TIME
Don't spend all your time online. Set a time limit on your computer use. Keep your parents informed about sites you visits.
CYBER CRIME IN INDIA : CYBER STALKING - Online harassment.
Is Cyberstalking , cyber harassment prevalent in India?
What is Cyber stalking, Who is a cyber stalker, Who is the victim & what motivates a cyber stalker. Is there a solution?
What is Cyber stalking?
Cyber stalking is when a person is followed and pursued online. Their privacy is invaded, their every move watched. It is a form of harassment, and can disrupt the life of the victim and leave them feeling very afraid and threatened
Stalking or being 'followed' are problems that many people, especially women, are familiar with. Sometimes these problems (harassment & stalking) can occur over the Internet. This is known as cyber stalking. The internet mirrors the real world. That means it also reflects real life & real people with real problems. Although it is rare, Cyber stalking does occur. Cyber Stalking usually occurs with women, who are stalked by men, or children who are stalked by adult predators or paedophiles. A cyber stalker does not have to leave his home to find, or harass his targets, and has no fear of physical violence since he believes he cannot be physically touched in cyberspace. He maybe may be on the other side of the earth or a neighbour or even a relative! And a stalker could be of either sex.
Typically, the cyber stalker's victim is new on the web, and inexperienced with the rules of netiquette & internet safety. Their main targets are the mostly females, children, emotionally weak or unstable, etc. It is believed that Over 75% of the victims are female, but sometimes men are also stalked. The figures are more on assumed basis and the actual figures can really never be known since most crimes of such natures go unreported.
What does a cyber stalker look like?
Cyber stalkers can be categorized into 3 types. (Sometimes these categories may overlap ).
1)The common obsessional cyber stalker
The common obsessional stalker refuses to believe that their relationship is over. Do not be misled by believing this stalker is harmlessly in love.
2)The delusional cyber stalker
The next type is the delusional stalker. They may be suffering from some mental illness like schizophrenia etc & have a false belief that keeps them tied to their victims. They assume that the victim loves them even though they have never met. A delusional stalker is usually a loner & most often chooses victims who are married woman, a celebrity or doctors, teachers, etc.. Those in the noble & helping professions like doctors, teachers etc are at often at risk for attracting a delusional stalker. Delusional stalkers are very difficult to shake off.
3)The vengeful cyber stalker.
These cyber stalkers are angry at their victim due to some minor reason- either real or imagined. Typical examples are disgruntled employees. These stalkers may be stalking to get even & take revenge and believe that "they" have been victimized. Ex-spouses can turn into this type of stalker.
Two different kinds of cyber stalking situations which can occur.
1. Online harassment & cyber stalking that occurs & continues on the internet.
2. Online harassment and stalking that begins to be carried on offline too. This is when a stalker may attempt to trace a telephone number or a street address. Always be careful what details you give out over the web and to whom.
What motivates a cyber stalker ?
1)Sexual Harassment
This should not surprise anyone, especially women, since sexual harassment is also a very common experience offline. The internet reflects real life & consists of real people. It's not a separate, regulated or sanctified world. The very nature of anonymous communications also makes it easier to be a stalker on the internet than a stalker offline
2)Obsession for love
This could begin from an online romance, where one person halts the romance and the rejected lover cannot accept the end of the relationship. It could also be an online romance that moves to real life, only to break-up once the persons really meet. Then one person again cannot accept the NO. Sometimes, this obsession stalking can even start from real life and then move over to cyberspace. One of the problems with obsession stalking is that since it often starts as real romance, much personal information is shared between persons involved. This makes it easy for the cyber stalker to harass their victim. Some users online enjoy "breaking hearts" as a pastime, and so may well set up obsessions for their own enjoyment - games that they may later regret having played. Sometimes, an obsession can also be a fixation by a stranger on another user for no valid reason. Since these obsession stalkers live in a dream world, it is not always necessary for the target to have done anything to attract her (or his) attention in the first place. Obsession stalkers are usually jealous and possessive people.Death threats via email or through live chat messages are a manifestation of obsession stalking.
3)Revenge & Hate.
This could be an argument that has gone out of hand, leading eventually to a hate & revenge relationship. Revenge vendettas are often the result of something you may have said or done online which may have offended someone. Vendettas often begin with arguments where you may have been rude to another user. Sometimes, hate cyber stalking is for no reason at all (out of the blue)- you will not know why you have been targeted nor what you have done, and you may not even know who it is who is doing this to you & even the cyber stalker does not know you. In fact you have NOT been individually targeted at all - you have been chosen as a random target by someone who does not know you !! This stalker may be using the net to let out his frustrations online.
4)Ego & Power Trips
These are harassers or stalkers online showing off their skills to themselves and their friends. They do not have any grudge against you - they are rather using you to 'show-off' their power to their friends or doing it just for fun and you have been unlucky enough to have been chosen.
Most people who receive threats online imagine their harasser to be large and powerful. But in fact the threat may come from a child who does not really have any means of carrying out the physical threats made.
It is estimated that there are about 2,00,000 real-life stalkers in America today. Roughly one in 1,250 persons is a stalker - and that is a large ratio. Of course, no one knows the truth, since the Internet is such a vast medium, but these figures are as close as it gets to giving statistics. Out of the estimated 79 million population worldwide on the internet at any given time, we could find 63,000 internet stalkers travelling the information superhighway, stalking approximately 4,74,000 victims.
But is Cyberstalking prevalent is it in India??
The answer is YES.
In India's first case of cyberstalking, Manish Kathuria was recently arrested by the New Delhi Police. He was stalking an Indian lady, Ms Ritu Kohli by illegally chatting on the Web site MIRC using her name. He used obscene and obnoxious language, and distributed her residence telephone number, inviting people to chat with her on the phone. As a result of which, Ritu kept getting obscene calls from everywhere, and people promptly talked dirty with her. In a state of shock, she called the Delhi police and reported the matter. For once, the police department did not waste time swinging into action, traced the culprit and slamed a case under Section 509 of the Indian Penal Code for outraging the modesty of Ritu Kohli.
Click here to for some more cyber crime cases registered in India.
So, how would you protect yourself?
A cyber stalker looks for weaknesses in people. He or she is cunning & crafty. People looking for sympathy or wanting to make friends, find romance online etc are an open invitation to many types of stalkers.
NO ONE has a right to harass, threaten and disturb you. Once harassment becomes a threat against you, then the harasser has also broken the law and there are a number of steps you CAN take to deal with it including taking help of the Police department. Trying to work out what you have "done" to deserve this will get you nowhere - the attack or harassment will often appear as motiveless and you may have difficulty understanding the psychology of the harasser. With some kinds of online harassment it is better not to waste time trying to work out "why" and to concentrate rather on what you can do to protect yourself & how to end this nightmare.
Kids & Teens: You must tell your parents immediately! If you feel threatened by someone that you know your parents wouldn't want you talking to in the first place, you MUST overcome your fears of "getting in trouble" for admitting you were talking to them, and tell your Parents that you're in trouble
Adults: Tell your spouse and family, and be prepared for an uphill battle, as many states do not have cyber stalking laws in effect yet.
Don't ever reply to provocative e-mails if you get them. Don't respond to flaming or get provoked online.
If anyone is harassing you or you kids by stalking them online & has begun to disturb you or put your life at risks, you must file a written complaint to the Commissioner of Police in your city. The Mumbai police recently (Novenber 2000) helped rescue a 16 year old boy who was kidnapped by a lady paedophile. She befriended him through a chat room.
You could also report harassment mails to your ISP (like VSNL etc) & your e mail provider (like hotmail, yahoo etc) & take advice from your technical savvy friends. If you remember, even the creator of the 'I love you' virus was tracked down. So through the I.P address a stalker does leave behind a trail & though difficult it may be possible to trace the stalker.
So remember, If you are being stalked, you don't have to be a victim. And yes, If possible stay away from chat rooms & don't flirt around there. This is just like real life. If you think you have the right to flirt with strangers be prepared for the consequences. The Golden rule our parents taught us "Never talk to strangers" stays a golden rule in today's Cyber world !! And the The BEST way to avoid getting stalked is to ALWAYS maintain a high level of safety awareness.
What is Cyber stalking, Who is a cyber stalker, Who is the victim & what motivates a cyber stalker. Is there a solution?
What is Cyber stalking?
Cyber stalking is when a person is followed and pursued online. Their privacy is invaded, their every move watched. It is a form of harassment, and can disrupt the life of the victim and leave them feeling very afraid and threatened
Stalking or being 'followed' are problems that many people, especially women, are familiar with. Sometimes these problems (harassment & stalking) can occur over the Internet. This is known as cyber stalking. The internet mirrors the real world. That means it also reflects real life & real people with real problems. Although it is rare, Cyber stalking does occur. Cyber Stalking usually occurs with women, who are stalked by men, or children who are stalked by adult predators or paedophiles. A cyber stalker does not have to leave his home to find, or harass his targets, and has no fear of physical violence since he believes he cannot be physically touched in cyberspace. He maybe may be on the other side of the earth or a neighbour or even a relative! And a stalker could be of either sex.
Typically, the cyber stalker's victim is new on the web, and inexperienced with the rules of netiquette & internet safety. Their main targets are the mostly females, children, emotionally weak or unstable, etc. It is believed that Over 75% of the victims are female, but sometimes men are also stalked. The figures are more on assumed basis and the actual figures can really never be known since most crimes of such natures go unreported.
What does a cyber stalker look like?
Cyber stalkers can be categorized into 3 types. (Sometimes these categories may overlap ).
1)The common obsessional cyber stalker
The common obsessional stalker refuses to believe that their relationship is over. Do not be misled by believing this stalker is harmlessly in love.
2)The delusional cyber stalker
The next type is the delusional stalker. They may be suffering from some mental illness like schizophrenia etc & have a false belief that keeps them tied to their victims. They assume that the victim loves them even though they have never met. A delusional stalker is usually a loner & most often chooses victims who are married woman, a celebrity or doctors, teachers, etc.. Those in the noble & helping professions like doctors, teachers etc are at often at risk for attracting a delusional stalker. Delusional stalkers are very difficult to shake off.
3)The vengeful cyber stalker.
These cyber stalkers are angry at their victim due to some minor reason- either real or imagined. Typical examples are disgruntled employees. These stalkers may be stalking to get even & take revenge and believe that "they" have been victimized. Ex-spouses can turn into this type of stalker.
Two different kinds of cyber stalking situations which can occur.
1. Online harassment & cyber stalking that occurs & continues on the internet.
2. Online harassment and stalking that begins to be carried on offline too. This is when a stalker may attempt to trace a telephone number or a street address. Always be careful what details you give out over the web and to whom.
What motivates a cyber stalker ?
1)Sexual Harassment
This should not surprise anyone, especially women, since sexual harassment is also a very common experience offline. The internet reflects real life & consists of real people. It's not a separate, regulated or sanctified world. The very nature of anonymous communications also makes it easier to be a stalker on the internet than a stalker offline
2)Obsession for love
This could begin from an online romance, where one person halts the romance and the rejected lover cannot accept the end of the relationship. It could also be an online romance that moves to real life, only to break-up once the persons really meet. Then one person again cannot accept the NO. Sometimes, this obsession stalking can even start from real life and then move over to cyberspace. One of the problems with obsession stalking is that since it often starts as real romance, much personal information is shared between persons involved. This makes it easy for the cyber stalker to harass their victim. Some users online enjoy "breaking hearts" as a pastime, and so may well set up obsessions for their own enjoyment - games that they may later regret having played. Sometimes, an obsession can also be a fixation by a stranger on another user for no valid reason. Since these obsession stalkers live in a dream world, it is not always necessary for the target to have done anything to attract her (or his) attention in the first place. Obsession stalkers are usually jealous and possessive people.Death threats via email or through live chat messages are a manifestation of obsession stalking.
3)Revenge & Hate.
This could be an argument that has gone out of hand, leading eventually to a hate & revenge relationship. Revenge vendettas are often the result of something you may have said or done online which may have offended someone. Vendettas often begin with arguments where you may have been rude to another user. Sometimes, hate cyber stalking is for no reason at all (out of the blue)- you will not know why you have been targeted nor what you have done, and you may not even know who it is who is doing this to you & even the cyber stalker does not know you. In fact you have NOT been individually targeted at all - you have been chosen as a random target by someone who does not know you !! This stalker may be using the net to let out his frustrations online.
4)Ego & Power Trips
These are harassers or stalkers online showing off their skills to themselves and their friends. They do not have any grudge against you - they are rather using you to 'show-off' their power to their friends or doing it just for fun and you have been unlucky enough to have been chosen.
Most people who receive threats online imagine their harasser to be large and powerful. But in fact the threat may come from a child who does not really have any means of carrying out the physical threats made.
It is estimated that there are about 2,00,000 real-life stalkers in America today. Roughly one in 1,250 persons is a stalker - and that is a large ratio. Of course, no one knows the truth, since the Internet is such a vast medium, but these figures are as close as it gets to giving statistics. Out of the estimated 79 million population worldwide on the internet at any given time, we could find 63,000 internet stalkers travelling the information superhighway, stalking approximately 4,74,000 victims.
But is Cyberstalking prevalent is it in India??
The answer is YES.
In India's first case of cyberstalking, Manish Kathuria was recently arrested by the New Delhi Police. He was stalking an Indian lady, Ms Ritu Kohli by illegally chatting on the Web site MIRC using her name. He used obscene and obnoxious language, and distributed her residence telephone number, inviting people to chat with her on the phone. As a result of which, Ritu kept getting obscene calls from everywhere, and people promptly talked dirty with her. In a state of shock, she called the Delhi police and reported the matter. For once, the police department did not waste time swinging into action, traced the culprit and slamed a case under Section 509 of the Indian Penal Code for outraging the modesty of Ritu Kohli.
Click here to for some more cyber crime cases registered in India.
So, how would you protect yourself?
A cyber stalker looks for weaknesses in people. He or she is cunning & crafty. People looking for sympathy or wanting to make friends, find romance online etc are an open invitation to many types of stalkers.
NO ONE has a right to harass, threaten and disturb you. Once harassment becomes a threat against you, then the harasser has also broken the law and there are a number of steps you CAN take to deal with it including taking help of the Police department. Trying to work out what you have "done" to deserve this will get you nowhere - the attack or harassment will often appear as motiveless and you may have difficulty understanding the psychology of the harasser. With some kinds of online harassment it is better not to waste time trying to work out "why" and to concentrate rather on what you can do to protect yourself & how to end this nightmare.
Kids & Teens: You must tell your parents immediately! If you feel threatened by someone that you know your parents wouldn't want you talking to in the first place, you MUST overcome your fears of "getting in trouble" for admitting you were talking to them, and tell your Parents that you're in trouble
Adults: Tell your spouse and family, and be prepared for an uphill battle, as many states do not have cyber stalking laws in effect yet.
Don't ever reply to provocative e-mails if you get them. Don't respond to flaming or get provoked online.
If anyone is harassing you or you kids by stalking them online & has begun to disturb you or put your life at risks, you must file a written complaint to the Commissioner of Police in your city. The Mumbai police recently (Novenber 2000) helped rescue a 16 year old boy who was kidnapped by a lady paedophile. She befriended him through a chat room.
You could also report harassment mails to your ISP (like VSNL etc) & your e mail provider (like hotmail, yahoo etc) & take advice from your technical savvy friends. If you remember, even the creator of the 'I love you' virus was tracked down. So through the I.P address a stalker does leave behind a trail & though difficult it may be possible to trace the stalker.
So remember, If you are being stalked, you don't have to be a victim. And yes, If possible stay away from chat rooms & don't flirt around there. This is just like real life. If you think you have the right to flirt with strangers be prepared for the consequences. The Golden rule our parents taught us "Never talk to strangers" stays a golden rule in today's Cyber world !! And the The BEST way to avoid getting stalked is to ALWAYS maintain a high level of safety awareness.
Human Rights for Women in India
Woman, the very creation of God that makes living beautiful is often at the receiving end of trauma. Not necessarily do criminals live around rural thatched roofs only. They are found in sky rises and posh suites too. In 2009 rape cases have reached 2,497, domestic violence has crossed the 10,000 mark. In short women are still treated as a lesser person. But of course the government is doing all its best to improvise the situation. Around 2.8 million social workers have been employed by the government to reach into villages and homes across the country, to make women aware of their rights.
Much to their surprise women are not even aware that they have any rights in a man’s world. While some are treated as slaves in their adulthood, most don’t even enjoy a childhood. To this purpose the National Commission for Women is set up and located at 4, Deen Dayal, Upadhayaya Marg, New Delhi 110 002, phone: 11 23237166. It is the apex organisation for protecting women. Besides this there are Commissions set up in each state of the country to protect and uplift women.
These organizations implicit that there should be equality of rights for women as given to men. Article 14 of the Constitution in India says that no person will be denied equality before the law. Article 42 states that women should be provided just and human work atmosphere and maternity relief. Sati laws have been abolished, child marriages are legally punishable. The girl now has to be of 18 years when she is married and her consent has to be taken. Using force is punishable. To her relief eve teasing too is considered a crime. It can be reported and offenders will be put behind bars immediately.
Women's Rights Movement in India : There are many committed organizations and non-governmental organisations (Ngos) in India working for the advancement of women's rights in addition to government appointed agencies. The Indian government has a National Commission for Women, which is dedicated to the welfare of Indian women.
Much to their surprise women are not even aware that they have any rights in a man’s world. While some are treated as slaves in their adulthood, most don’t even enjoy a childhood. To this purpose the National Commission for Women is set up and located at 4, Deen Dayal, Upadhayaya Marg, New Delhi 110 002, phone: 11 23237166. It is the apex organisation for protecting women. Besides this there are Commissions set up in each state of the country to protect and uplift women.
These organizations implicit that there should be equality of rights for women as given to men. Article 14 of the Constitution in India says that no person will be denied equality before the law. Article 42 states that women should be provided just and human work atmosphere and maternity relief. Sati laws have been abolished, child marriages are legally punishable. The girl now has to be of 18 years when she is married and her consent has to be taken. Using force is punishable. To her relief eve teasing too is considered a crime. It can be reported and offenders will be put behind bars immediately.
Women's Rights Movement in India : There are many committed organizations and non-governmental organisations (Ngos) in India working for the advancement of women's rights in addition to government appointed agencies. The Indian government has a National Commission for Women, which is dedicated to the welfare of Indian women.
Domestic Violence in India
Domestic Violence can be described as when one adult in a relationship misuses power to control another. It is the establishment of control and fear in a relationship through violence and other forms of abuse. The violence may involve physical abuse, sexual assault and threats. Sometimes it’s more subtle, like making someone feel worthless, not letting them have any money, or not allowing them to leave the home. Social isolation and emotional abuse can have long-lasting effects as well as physical violence.
Domestic Violence isn't just hitting, or fighting, or an occasional argument. It's an abuse of power. The abuser tortures and controls the victim by calculated threats, intimidation, and physical violence. . Although both men and women can be abused, in most cases, the victims are women. Children in homes where there is domestic violence are also abused or neglected. Although the woman is usually the primary target, violence is sometimes directed toward children, and sometimes toward family members and friends.
Many women in India are the victims of domestic abuse. Domestic violence is a CRIME and you must seek help.
Forms of Domestic Violence
Domestic violence can take many forms and variations and can happen once in a while or all at the same time. Domestic violence can be Psychological Abuse, Social Abuse, Financial Abuse, Physical Assault or Sexual Assault. Violence can be criminal and includes physical assault or injury (hitting, beating, shoving, etc.), sexual abuse ( forced sexual activity), or stalking.
Common Forms of violence against Indian women include:
Female feticide (selective abortion based on the fetus gender or sex selection of child), Domestic violence, Dowry death or harassment , Mental and physical torture, Sexual trafficking, and Public humiliation.
How children can get affected by domestic violence at home:
1) Children can themselves get physically abused or hurt.
2) Witnessing violence actions can be mentally damaging
Children often try to intervene to protect the adult victim, which puts them in a dangerous situation
Children can copy the violent behavior they witness, both as children and as adults
They may develop stress-related problems in health
They can loose self- confidence, be afraid/angry, and blame themselves for what is happening or feel guilty.
If you are being abused, REMEMBER
You are not alone
It is not your fault
Help is available.
Trust in the Goodness of God & Seek help !
STOP DOMESTIC VIOLENCE !
domestic violence NGOs India
Sakshi, Delhi. A Violence Intervention for Women and Children -- works on sexual harassment, sexual assault, child sexual abuse and domestic violence. Focuses on equality education for judges, implementation of the 1997 Supreme Court Sexual Harassment Guidelines, outreach and education. B-67 South Extension Part-1, First Floor, New Delhi-110065. Tel: 4643946/4623295
Women's Rights Initiative runs a pro bono legal aid cell for domestic violence cases and are also associated with law reforms in the area of domestic violence. 63 / 2, First floor, Masjid road, Jungpura, New Delhi. Ph: 4316925 / 4313904 / 432101.
Majlis, Bombay. (Flavia, Veena or Saumya) - 618 0394
Swaadhar, Bombay. (Jyoi Kelkar) - 872 0638
Vimochana, 2124 16th B Main 1-A Cross, HAL IInd Stage, Bangalore 560038. Phone: (city code = 80) 526 9307. Deals with many women's issues from domestic violence to labour issues. Activities range from counselling, service provision, education and outreach, mobilizing and organizing, activism.
Anweshi Women's Counselling Centre, near YWCA, Cannanore Road, Kozhikode 673 001. Run a counselling, mediation and resource center for women facing any kind of abusive situation. If writing to them, please enclose a self-addressed envelope with sufficient postage.
Sachetna, 31, Mahairban Road, Calcutta.
Socio-Legal Aid Research and Training Center, P-112 Lake Terrace, Calcutta.
Pragatisheel Mahila Manch, 11 N. Ho Chi Minh Road, Sarania, Behala, Calcutta 700 061.
Swayam, 11 Balu Hakkak Lane, Calcutta 70017. Phone: 2803429; 2803688.
Domestic Violence isn't just hitting, or fighting, or an occasional argument. It's an abuse of power. The abuser tortures and controls the victim by calculated threats, intimidation, and physical violence. . Although both men and women can be abused, in most cases, the victims are women. Children in homes where there is domestic violence are also abused or neglected. Although the woman is usually the primary target, violence is sometimes directed toward children, and sometimes toward family members and friends.
Many women in India are the victims of domestic abuse. Domestic violence is a CRIME and you must seek help.
Forms of Domestic Violence
Domestic violence can take many forms and variations and can happen once in a while or all at the same time. Domestic violence can be Psychological Abuse, Social Abuse, Financial Abuse, Physical Assault or Sexual Assault. Violence can be criminal and includes physical assault or injury (hitting, beating, shoving, etc.), sexual abuse ( forced sexual activity), or stalking.
Common Forms of violence against Indian women include:
Female feticide (selective abortion based on the fetus gender or sex selection of child), Domestic violence, Dowry death or harassment , Mental and physical torture, Sexual trafficking, and Public humiliation.
How children can get affected by domestic violence at home:
1) Children can themselves get physically abused or hurt.
2) Witnessing violence actions can be mentally damaging
Children often try to intervene to protect the adult victim, which puts them in a dangerous situation
Children can copy the violent behavior they witness, both as children and as adults
They may develop stress-related problems in health
They can loose self- confidence, be afraid/angry, and blame themselves for what is happening or feel guilty.
If you are being abused, REMEMBER
You are not alone
It is not your fault
Help is available.
Trust in the Goodness of God & Seek help !
STOP DOMESTIC VIOLENCE !
domestic violence NGOs India
Sakshi, Delhi. A Violence Intervention for Women and Children -- works on sexual harassment, sexual assault, child sexual abuse and domestic violence. Focuses on equality education for judges, implementation of the 1997 Supreme Court Sexual Harassment Guidelines, outreach and education. B-67 South Extension Part-1, First Floor, New Delhi-110065. Tel: 4643946/4623295
Women's Rights Initiative runs a pro bono legal aid cell for domestic violence cases and are also associated with law reforms in the area of domestic violence. 63 / 2, First floor, Masjid road, Jungpura, New Delhi. Ph: 4316925 / 4313904 / 432101.
Majlis, Bombay. (Flavia, Veena or Saumya) - 618 0394
Swaadhar, Bombay. (Jyoi Kelkar) - 872 0638
Vimochana, 2124 16th B Main 1-A Cross, HAL IInd Stage, Bangalore 560038. Phone: (city code = 80) 526 9307. Deals with many women's issues from domestic violence to labour issues. Activities range from counselling, service provision, education and outreach, mobilizing and organizing, activism.
Anweshi Women's Counselling Centre, near YWCA, Cannanore Road, Kozhikode 673 001. Run a counselling, mediation and resource center for women facing any kind of abusive situation. If writing to them, please enclose a self-addressed envelope with sufficient postage.
Sachetna, 31, Mahairban Road, Calcutta.
Socio-Legal Aid Research and Training Center, P-112 Lake Terrace, Calcutta.
Pragatisheel Mahila Manch, 11 N. Ho Chi Minh Road, Sarania, Behala, Calcutta 700 061.
Swayam, 11 Balu Hakkak Lane, Calcutta 70017. Phone: 2803429; 2803688.
Abortion, Female Infanticide, Foeticide, Son preference in India.
According to a recent report by the United Nations Children's Fund (UNICEF) up to 50 million girls and women are missing from India' s population as a result of systematic gender discrimination in India. In most countries in the world, there are approximately 105 female births for every 100 males.
In India, there are less than 93 women for every 100 men in the population. The accepted reason for such a disparity is the practice of female infanticide in India, prompted by the existence of a dowry system which requires the family to pay out a great deal of money when a female child is married. For a poor family, the birth of a girl child can signal the beginning of financial ruin and extreme hardship.
However this anti-female bias is by no means limited to poor families. Much of the discrimination is to do with cultural beliefs and social norms. These norms themselves must be challenged if this practice is to stop.
Diagnostic teams with ultrasound scanners which detect the sex of a child advertise with catchlines such as spend 600 rupees now and save 50,000 rupees later.
The implication is that by avoiding a girl, a family will avoid paying a large dowry on the marriage of her daughter. According to UNICEF, the problem is getting worse as scientific methods of detecting the sex of a baby and of performing abortions are improving.
These methods are becoming increasing available in rural areas of India, fuelling fears that the trend towards the abortion of female foetuses is on the increase
In India, there are less than 93 women for every 100 men in the population. The accepted reason for such a disparity is the practice of female infanticide in India, prompted by the existence of a dowry system which requires the family to pay out a great deal of money when a female child is married. For a poor family, the birth of a girl child can signal the beginning of financial ruin and extreme hardship.
However this anti-female bias is by no means limited to poor families. Much of the discrimination is to do with cultural beliefs and social norms. These norms themselves must be challenged if this practice is to stop.
Diagnostic teams with ultrasound scanners which detect the sex of a child advertise with catchlines such as spend 600 rupees now and save 50,000 rupees later.
The implication is that by avoiding a girl, a family will avoid paying a large dowry on the marriage of her daughter. According to UNICEF, the problem is getting worse as scientific methods of detecting the sex of a baby and of performing abortions are improving.
These methods are becoming increasing available in rural areas of India, fuelling fears that the trend towards the abortion of female foetuses is on the increase
Sexual Harassment, abuse, rape, pornography in India.
As in other countries throughout the world, rape is common in India. Rape is a social disease. Hardly a day passes without a case of rape being reported in Indian newspapers and media. Women belonging to low castes, and tribal women are more at risk. What is sad about rape in India is the lack of seriousness with which the crime is often treated.Statistics from 2000 showed that on average a woman is raped every hour in India.
Women's groups attest that the strict and conservative attitudes about sex and family privacy contribute to ineffectiveness of India's rape laws. Victims are often reluctant to report rape. In an open court victims must prove that the rapist sexually penetrated them in order to get a conviction. This can be especially damaging. After proving that she has been raped, a victim is often ostracized from her family and community. This problem is exacerbated by the fact that rape laws are inadequate and definitions so narrow that prosecution is made difficult.
Rape is a Crime
If you are raped do not bathe, shower, or change clothes. This is important to preserve any evidence of the rape. Go to a friend, well known social worker or to a place where you know someone can help you. Report the rape to the authorities. Seek counseling; this can help you deal with the issues you might face after the attack.
What is Pornography?
Pornography is a systematic practice of exploitation and subordination based on sex that differentially harms and disadvantages women through dehumanization. Pornography diminishes the worth and civil status of women and damage mutual respect between the sexes.
Can Pornography Cause Violence Against Women?
If you have ever viewed pornographic material, it is clear that not only does pornography cause violence against women, but the material itself is violence against women, the women in the pornographic material.
Pornography also sends out the message to men that women enjoy being beaten, abused and raped. It is unfortunate, but over the last few years the violence portrayed in pornographic material has increased greatly.
The material also tries to send the message that women secretly enjoy the abuse. Many studies have proven that pornography can lead to violence.
Women's groups attest that the strict and conservative attitudes about sex and family privacy contribute to ineffectiveness of India's rape laws. Victims are often reluctant to report rape. In an open court victims must prove that the rapist sexually penetrated them in order to get a conviction. This can be especially damaging. After proving that she has been raped, a victim is often ostracized from her family and community. This problem is exacerbated by the fact that rape laws are inadequate and definitions so narrow that prosecution is made difficult.
Rape is a Crime
If you are raped do not bathe, shower, or change clothes. This is important to preserve any evidence of the rape. Go to a friend, well known social worker or to a place where you know someone can help you. Report the rape to the authorities. Seek counseling; this can help you deal with the issues you might face after the attack.
What is Pornography?
Pornography is a systematic practice of exploitation and subordination based on sex that differentially harms and disadvantages women through dehumanization. Pornography diminishes the worth and civil status of women and damage mutual respect between the sexes.
Can Pornography Cause Violence Against Women?
If you have ever viewed pornographic material, it is clear that not only does pornography cause violence against women, but the material itself is violence against women, the women in the pornographic material.
Pornography also sends out the message to men that women enjoy being beaten, abused and raped. It is unfortunate, but over the last few years the violence portrayed in pornographic material has increased greatly.
The material also tries to send the message that women secretly enjoy the abuse. Many studies have proven that pornography can lead to violence.
Famous Places & Reason for Famous
Place Famous For
AUROVILLE UNESCO sponsored world's first international town near Pondichery in Tamil Nadu named after Aurobindo Ghose. The town with an area of 15sq. miles and a population
of 50,000 will be a self-supporting township having gour zones, viz., cultural, industrial, residential and international. It was inaugurated on February 28,1963.
ABU SIMBAL (U.S.A.) A monument executed by UNSCO in Egypt, the famous temple at Nybia (Egypt) was facing submergence as result of the construction of Aswan Dam. UNSCO has reconstructed it at a cost of 36 million dollars and was inaugurated on 12th Sept. 1968.
ADAM'S BRIDGE Sand and rock bridge between Sri Lanka and India. Legent has is that was constructed by Lord Rama when he was in invade Lanka of Ravana.
ALICE SPRINGS (Australia) Spring with medicinal properties.
BIG BEN Name given to the big clock of the British Parliament building.
BILLING'S GATE London fish market. As a term, it means foul language.
DODOMA This is going to be the new capital of Tanzania in place of Dar-es-Salam.
EIFFEL TOWER 985 feet high tower in Paris build by Gustav Effel in 1887-89 at a cost of 2,00,000
ELBA An isolated island in the Meduterranean Sea, where
Napoleon was exiled in 1841.
ELLORA Famous for rock-pruned Kailash Temple (Aurangabad) in Maharashtra. An exquisite piece of Dravidian art.
Ellora cave temples, 34 in number, present a blend of caves representing Buddhism and Jainism constructed in 8th century A.D.
ELYSEE PALACE Official residence of the President of France. It was the venue of Paris Peace parleys on Vietnam.
EMPIRE STATE BUILDING (U.S.A) World's one of the loftiest structures. It has 103 storeys and a height of 1200 feet.
ESCURIAL One of the longest palaces in Spain.
National Parks in India
Name Place State
Bandhavagarh National Park Shahdol Madhya Pradesh
Bandipur National Park Mysore Karnataka
Bannarghata National Park Bangalore Karnataka
Borivili National Park Mumbai Maharashtra
Corbett National Park Garhwal Uttar Pradesh
Dudhewa National Park Lakhimpur Uttar Pradesh
Eravikulan Rajmallay National Park Idduki Kerala
Gir National Park Junagarh Gujarat
Guindy National Park Madras Tamil Nadu
Hazaribagh National Park Hazaribagh Bihar
Kanha National Park Mzandla & Balaghat Madhya Pradesh
Kaziranga National Park Jorhat Assam
Kangchandsenda National Park Gangtok Sikkim
Nagerhole Coorg Karnataka
Nawegaon National Park Bhandara Maharashtra
Pench Nationa Park Nagpur Maharastra
Rohia Naional Park Kullu Himchal Pradesh
Shivpur Naional Park Shivpuri Madhyaradesh
Tadoba Naional Park Chandrapur Maharashtra
Valavadar Naional Park Bhavnagar Gujarat
AUROVILLE UNESCO sponsored world's first international town near Pondichery in Tamil Nadu named after Aurobindo Ghose. The town with an area of 15sq. miles and a population
of 50,000 will be a self-supporting township having gour zones, viz., cultural, industrial, residential and international. It was inaugurated on February 28,1963.
ABU SIMBAL (U.S.A.) A monument executed by UNSCO in Egypt, the famous temple at Nybia (Egypt) was facing submergence as result of the construction of Aswan Dam. UNSCO has reconstructed it at a cost of 36 million dollars and was inaugurated on 12th Sept. 1968.
ADAM'S BRIDGE Sand and rock bridge between Sri Lanka and India. Legent has is that was constructed by Lord Rama when he was in invade Lanka of Ravana.
ALICE SPRINGS (Australia) Spring with medicinal properties.
BIG BEN Name given to the big clock of the British Parliament building.
BILLING'S GATE London fish market. As a term, it means foul language.
DODOMA This is going to be the new capital of Tanzania in place of Dar-es-Salam.
EIFFEL TOWER 985 feet high tower in Paris build by Gustav Effel in 1887-89 at a cost of 2,00,000
ELBA An isolated island in the Meduterranean Sea, where
Napoleon was exiled in 1841.
ELLORA Famous for rock-pruned Kailash Temple (Aurangabad) in Maharashtra. An exquisite piece of Dravidian art.
Ellora cave temples, 34 in number, present a blend of caves representing Buddhism and Jainism constructed in 8th century A.D.
ELYSEE PALACE Official residence of the President of France. It was the venue of Paris Peace parleys on Vietnam.
EMPIRE STATE BUILDING (U.S.A) World's one of the loftiest structures. It has 103 storeys and a height of 1200 feet.
ESCURIAL One of the longest palaces in Spain.
National Parks in India
Name Place State
Bandhavagarh National Park Shahdol Madhya Pradesh
Bandipur National Park Mysore Karnataka
Bannarghata National Park Bangalore Karnataka
Borivili National Park Mumbai Maharashtra
Corbett National Park Garhwal Uttar Pradesh
Dudhewa National Park Lakhimpur Uttar Pradesh
Eravikulan Rajmallay National Park Idduki Kerala
Gir National Park Junagarh Gujarat
Guindy National Park Madras Tamil Nadu
Hazaribagh National Park Hazaribagh Bihar
Kanha National Park Mzandla & Balaghat Madhya Pradesh
Kaziranga National Park Jorhat Assam
Kangchandsenda National Park Gangtok Sikkim
Nagerhole Coorg Karnataka
Nawegaon National Park Bhandara Maharashtra
Pench Nationa Park Nagpur Maharastra
Rohia Naional Park Kullu Himchal Pradesh
Shivpur Naional Park Shivpuri Madhyaradesh
Tadoba Naional Park Chandrapur Maharashtra
Valavadar Naional Park Bhavnagar Gujarat
What is a Finance Commission? What functions can be assigned to a Finance Commission?
Most of the federal States have elaborate provisions of distribution of financial resources between the federal and provincial governments, as well as among the provinces. To this extent, Indian Constitution is no exception. Indian Constitution makes the distinction between the legislative power to levy a tax and the power to appropriate the proceeds of a tax so levied. There are taxes like sales tax and State excise duties, which are levied and collected by the States, while the sales tax on inter-State sale, called the central sales tax, is levied by the Central government but is assigned to the State concerned. Properties of the Union and States are exempted from mutual taxation under Article 285(1) and 289(1) of the Constitution. But there are taxes levied and collected by the Union, which are distributed between the Union and the States. These include income tax and union excise duties.
It is in relation to such taxes that Articles 270, 273, 275 and 280 of the Constitution provide for the constitution of a Finance Commission every five years, to recommend to the President of India certain measures regarding distribution of financial resources between the Union and the States. Article 280 provides that the Finance Commission shall recommend to the President the percentage of net proceeds of income tax, which should be assigned by the Union to the States, and the manner in which such a share of the States is to be distributed among them. The recommendations of the Finance Commission, when accepted, remain valid for a period of five years before which next Finance Commission is appointed.
The Chairman of the Commission, in view of the President, must be a person having experience in public affairs. In addition, four other members of the Commission with following qualifications/prerequisites are appointed:
(a) A High Court judge or anyone having qualification to be appointed as such. (b) A person having specific knowledge of finances and accounts of the government. (c) A person having vast experience of financial and administrative matters. (d)??A person having special knowledge of economics.
As per the Constitution, it is the duty of the Finance Commission to make recommendations to the President on the following:
(I) Distribution between the Union and the States, of net proceeds of taxes, which are to be distributed among them.
(II) Distribution of their share among the States.
(III) The principles governing grants-in-aid of the Union revenues to the States.
(IV) The measures to augment the resources of the States to supplement the resources of Panchayati Raj Institutions.
(V) The measures to augment the resources of the States to supplement the resources of municipalities in the States.
(VI) Any other matter referred to the Commission by the President of India.
It is in relation to such taxes that Articles 270, 273, 275 and 280 of the Constitution provide for the constitution of a Finance Commission every five years, to recommend to the President of India certain measures regarding distribution of financial resources between the Union and the States. Article 280 provides that the Finance Commission shall recommend to the President the percentage of net proceeds of income tax, which should be assigned by the Union to the States, and the manner in which such a share of the States is to be distributed among them. The recommendations of the Finance Commission, when accepted, remain valid for a period of five years before which next Finance Commission is appointed.
The Chairman of the Commission, in view of the President, must be a person having experience in public affairs. In addition, four other members of the Commission with following qualifications/prerequisites are appointed:
(a) A High Court judge or anyone having qualification to be appointed as such. (b) A person having specific knowledge of finances and accounts of the government. (c) A person having vast experience of financial and administrative matters. (d)??A person having special knowledge of economics.
As per the Constitution, it is the duty of the Finance Commission to make recommendations to the President on the following:
(I) Distribution between the Union and the States, of net proceeds of taxes, which are to be distributed among them.
(II) Distribution of their share among the States.
(III) The principles governing grants-in-aid of the Union revenues to the States.
(IV) The measures to augment the resources of the States to supplement the resources of Panchayati Raj Institutions.
(V) The measures to augment the resources of the States to supplement the resources of municipalities in the States.
(VI) Any other matter referred to the Commission by the President of India.
Saturday, June 12, 2010
Ariza e hajat Imam mahdi (a.s)
Ariza can be written to Imam-e-Zaman (a.s) whenever you feel a need or you are into a problem. No matter how big is your problem Imam-e-Zamana is the Imam of our time & HE is a Hujjat from Allah (s.w.t). Allah has granted him the power & because of his exsistence this entire universe is in to exsistence
You can write in any Language or your own too.
Our beleif is that Imam (a.s) knows about all our affairs and is always ready to help us. He is aware of our action & he helps us even if we don’t ask or seek His (a.t.f.s) help.
“We are never neglectful of your guardianship nor are we ever unmindful of your remembrance”. (Behaarul Anwar, V. 53, pg. 176)
But if we write Ariza to Imam (a.s) then or belief comes to our action.
In morning of 15th shabaan ( The time of birth of Imam mehdi (a.j) is the best time to send ARIZA to imam e zaman (a.s)). He read our wishes and also solves our problems.
When you decide to send Ariza ( Drop your Ariza In sea, river, well, ect)
Recite after
Bismillah Hir Rahmanir Raheem.
LOUDLY…Ya husain Bin e Rauh
Then in normal tone…
Salamun alika ashahado anna wafateka fi sabilillahe wa annaka
Haeyyun indallahe marzooqun wa qad qa tab toka fi hayatekal latee
Laka indallahe azza wa jalla wahaadehi ruk atee wa hajatee ela maulana
sahibal asr e alaihislam fa sallim ha aelaihe fa antas fiqetul ameen.
And Drop your Ariza In sea, river, well, etc
We Should inculcate the habbit to write to Imam (a.s) whenever we are in difficulty rather than approaching someone who doesn’t has the power on any thing. Rather than writing a letter to a Minister or President we should write to our Master who has the control of our all affairs.
It always goes to Allah (swt). But unlike us, Imam (a.s) are infallibles and they hold a MUCH greater position infront of Allah (swt) and if we ask them to put forth our request in front of Allah (swt), if we go through them then Allah (swt) is going to accept our prayers faster. As has being said many times, tawassul is not wajib. You can pray directly too
Your basic intention should be to ask the Imam to interceed on your behalf Inshallah Imam (a.s) will heed your call.
In the name of Allah the Beneficent, the Merciful.
I have written to you O my Master,may His mercy and blessing be on you, seeking a favour from you. I have complained to you for what has happened to me seeking solutions firstly from Allah and then from you for a matter that has obsessed me. I am helpless in combating the problem and for that I have resorted to seeking help from Allah and from you, knowing the status you have with Allah. I am confident that you will help me get the solution to my problems swiftly and that you will intercede on my behalf. I am helpless and moreover I am sinful, so help O my Master and present this problem to Allah and I pray to Him that He will solve this quickly and grant me victory and success in finding the solution to my problems.
I am not able to carry or bear with it. Although I am responsible for the increase of my sins and ignorant about my responsibilities (Wajibats) from Allah which are given to me. So help me O my Master peace be upon you.During this time of problems and sorrow present my prayers to Allah before I compensate and before my enemies engulfs me, for you have shown me your blessings. So I pray to Allah for great salvation and near victory with calmness from all fears. For Allah is most high and does what he wants. Allah is sufficient for me from the beginning and in my hopes. Whatever Allah wishes there is neither strength nor any power except in Allah the high, the great.
==============================
[When dropping the Ariza in the sea, we norallay recite the following addressing Husain Bin Rawh, the 3rd Na’eb] of the 12th Imam]
O Husain Bin Rawh, Salamun Alaikum. I bear witness that you died in the path of Allah and (hence) you are alive and are sustained by Allah. I am addressing you in your “life” which you lead with Allah – this is my note and wishes to the Master of the Era (the 12th Imam) (a.s), so please hand it over to him for you are indeed trustworthy.
Sunday, June 6, 2010
JURISDICTION OF THE SUPREME COURT
The Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction extends to any dispute between the Government of India and one or more States or between the Government of India and any State or States on one side and one or more States on the other or between two or more States, if and insofar as the dispute involves any question (whether of law or of fact) on which the existence or extent of a legal right depends. In addition, Article 32 of the Constitution gives an extensive original jurisdiction to the Supreme Court in regard to enforcement of Fundamental Rights. It is empowered to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari to enforce them. The Supreme Court has been conferred with power to direct transfer of any civil or criminal case from one State High Court to another State High Court or from a Court subordinate to another State High Court. The Supreme Court, if satisfied that cases involving the same or substantially the same questions of law are pending before it and one or more High Courts or before two or more High Courts and that such questions are substantial questions of general importance, may withdraw a case or cases pending before the High Court or High Courts and dispose of all such cases itself. Under the Arbitration and Conciliation Act, 1996, International Commercial Arbitration can also be initiated in the Supreme Court.
The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Article 132(1), 133(1) or 134 of the Constitution in respect of any judgement, decree or final order of a High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Constitution. Appeals also lie to the Supreme Court in civil matters if the High Court concerned certifies : (a) that the case involves a substantial question of law of general importance, and (b) that, in the opinion of the High Court, the said question needs to be decided by the Supreme Court. In criminal cases, an appeal lies to the Supreme Court if the High Court (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or (b) has withdrawn for trial before itself any case from any Court subordinate to its authority and has in such trial convicted the accused and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or (c) certified that the case is a fit one for appeal to the Supreme Court. Parliament is authorised to confer on the Supreme Court any further powers to entertain and hear appeals from any judgement, final order or sentence in a criminal proceeding of a High Court.
The Supreme Court has also a very wide appellate jurisdiction over all Courts and Tribunals in India in as much as it may, in its discretion, grant special leave to appeal under Article 136 of the Constitution from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any Court or Tribunal in the territory of India.
The Supreme Court has special advisory jurisdiction in matters which may specifically be referred to it by the President of India under Article 143 of the Constitution. There are provisions for reference or appeal to this Court under Article 317(1) of the Constitution, Section 257 of the Income Tax Act, 1961, Section 7(2) of the Monopolies and Restrictive Trade Practices Act, 1969, Section 130-A of the Customs Act, 1962, Section 35-H of the Central Excises and Salt Act, 1944 and Section 82C of the Gold (Control) Act, 1968. Appeals also lie to the Supreme Court under the Representation of the People Act, 1951, Monopolies and Restrictive Trade Practices Act, 1969, Advocates Act, 1961, Contempt of Courts Act, 1971, Customs Act, 1962, Central Excises and Salt Act, 1944, Enlargement of Criminal Appellate Jurisdiction Act, 1970, Trial of Offences Relating to Transactions in Securities Act, 1992, Terrorist and Disruptive Activities (Prevention) Act, 1987 and Consumer Protection Act, 1986. Election Petitions under Part III of the Presidential and Vice Presidential Elections Act, 1952 are also filed directly in the Supreme Court.
Under Articles 129 and 142 of the Constitution the Supreme Court has been vested with power to punish for contempt of Court including the power to punish for contempt of itself. In case of contempt other than the contempt referred to in Rule 2, Part-I of the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975, the Court may take action (a) Suo motu, or (b) on a petition made by Attorney General, or Solicitor General, or (c) on a petition made by any person, and in the case of a criminal contempt with the consent in writing of the Attorney General or the Solicitor General.
Under Order XL of the Supreme Court Rules the Supreme Court may review its judgment or order but no application for review is to be entertained in a civil proceeding except on the grounds mentioned in Order XLVII, Rule 1 of the Code of Civil Procedure and in a criminal proceeding except on the ground of an error apparent on the face of the record.
PUBLIC INTEREST LITIGATION
Although the proceedings in the Supreme Court arise out of the judgments or orders made by the Subordinate Courts including the High Courts, but of late the Supreme Court has started entertaining matters in which interest of the public at large is involved and the Court can be moved by any individual or group of persons either by filing a Writ Petition at the Filing Counter of the Court or by addressing a letter to Hon'ble the Chief Justice of India highlighting the question of public importance for invoking this jurisdiction. Such concept is popularly known as 'Public Interest Litigation' and several matters of public importance have become landmark cases. This concept is unique to the Supreme Court of India only and perhaps no other Court in the world has been exercising this extraordinary jurisdiction. A Writ Petition filed at the Filing Counter is dealt with like any other Writ Petition and processed as such. In case of a letter addressed to Hon'ble the Chief Justice of India the same is dealt with in accordance with the guidelines framed for the purpose.
PROVISION OF LEGAL AID
If a person belongs to the poor section of the society having annual income of less than Rs. 18,000/- or belongs to Scheduled Caste or Scheduled Tribe, a victim of natural calamity, is a woman or a child or a mentally ill or otherwise disabled person or an industrial workman, or is in custody including custody in protective home, he/she is entitled to get free legal aid from the Supreme Court Legal Aid Committee. The aid so granted by the Committee includes cost of preparation of the matter and all applications connected therewith, in addition to providing an Advocate for preparing and arguing the case. Any person desirous of availing legal service through the Committee has to make an application to the Secretary and hand over all necessary documents concerning his case to it. The Committee after ascertaining the eligibility of the person provides necessary legal aid to him/her.
Persons belonging to middle income group i.e. with income above Rs. 18,000/- but under Rs. 1,20,000/- per annum are eligible to get legal aid from the Supreme Court Middle Income Group Society, on nominal payments.
AMICUS CURIAE
If a petition is received from the jail or in any other criminal matter if the accused is unrepresented then an Advocate is appointed as amicus curiae by the Court to defend and argue the case of the accused. In civil matters also the Court can appoint an Advocate as amicus curiae if it thinks it necessary in case of an unrepresented party; the Court can also appoint amicus curiae in any matter of general public importance or in which the interest of the public at large is involved.
HIGH COURTS
The High Court stands at the head of a State's judicial administration. There are 18 High Courts in the country, three having jurisdiction over more than one State. Among the Union Territories Delhi alone has a High Court of its own. Other six Union Territories come under the jurisdiction of different State High Courts. Each High Court comprises of a Chief Justice and such other Judges as the President may, from time to time, appoint. The Chief Justice of a High Court is appointed by the President in consultation with the Chief Justice of India and the Governor of the State. The procedure for appointing puisne Judges is the same except that the Chief Justice of the High Court concerned is also consulted. They hold office until the age of 62 years and are removable in the same manner as a Judge of the Supreme Court. To be eligible for appointment as a Judge one must be a citizen of India and have held a judicial office in India for ten years or must have practised as an Adovcate of a High Court or two or more such Courts in succession for a similar period.
Each High Court has power to issue to any person within its jurisdiction directions, orders, or writs including writs which are in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for enforcement of Fundamental Rights and for any other purpose. This power may also be exercised by any High Court exercising jurisdiction in relation to territories within which the cause of action, wholly or in part, arises for exercise of such power, notwithstanding that the seat of such Government or authority or residence of such person is not within those territories.
Each High Court has powers of superintendence over all Courts within its jurisdiction. It can call for returns from such Courts, make and issue general rules and prescribe forms to regulate their practice and proceedings and determine the manner and form in which book entries and accounts shall be kept. The following Table (*Ann.A) gives the seat and territorial jurisdiction of the High Courts.
ADVOCATE GENERAL
There is an Advocate General for each State, appointed by the Governor, who holds office during the pleasure of the Governor. He must be a person qualified to be appointed as a Judge of High Court. His duty is to give advice to State Governments upon such legal matters and to perform such other duties of legal character, as may be referred or assigned to him by the Governor. The Advocate General has the right to speak and take part in the proceedings of the State Legislature without the right to vote.
LOK ADALATS
Lok Adalats which are voluntary agencies are monitored by the State Legal Aid and Advice Boards. They have proved to be a successful alternative forum for resolving of disputes through the conciliatory method.
The Legal Services Authorities Act, 1987 provides statutory status to the legal aid movement and it also provides for setting up of Legal Services Authorities at the Central, State and District levels. These authorities will have their own funds. Further, Lok Adalats which are at present informal agencies will acquire statutory status. Every award of Lok Adalats shall be deemed to be a decree of a civil court
or order of a Tribunal and shall be final and binding on the parties to the dispute. It also provides that in respect of cases decided at a Lok Adalat, the court fee paid by the parties will be refunded.
--
Haider Ajaz
The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Article 132(1), 133(1) or 134 of the Constitution in respect of any judgement, decree or final order of a High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Constitution. Appeals also lie to the Supreme Court in civil matters if the High Court concerned certifies : (a) that the case involves a substantial question of law of general importance, and (b) that, in the opinion of the High Court, the said question needs to be decided by the Supreme Court. In criminal cases, an appeal lies to the Supreme Court if the High Court (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or (b) has withdrawn for trial before itself any case from any Court subordinate to its authority and has in such trial convicted the accused and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or (c) certified that the case is a fit one for appeal to the Supreme Court. Parliament is authorised to confer on the Supreme Court any further powers to entertain and hear appeals from any judgement, final order or sentence in a criminal proceeding of a High Court.
The Supreme Court has also a very wide appellate jurisdiction over all Courts and Tribunals in India in as much as it may, in its discretion, grant special leave to appeal under Article 136 of the Constitution from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any Court or Tribunal in the territory of India.
The Supreme Court has special advisory jurisdiction in matters which may specifically be referred to it by the President of India under Article 143 of the Constitution. There are provisions for reference or appeal to this Court under Article 317(1) of the Constitution, Section 257 of the Income Tax Act, 1961, Section 7(2) of the Monopolies and Restrictive Trade Practices Act, 1969, Section 130-A of the Customs Act, 1962, Section 35-H of the Central Excises and Salt Act, 1944 and Section 82C of the Gold (Control) Act, 1968. Appeals also lie to the Supreme Court under the Representation of the People Act, 1951, Monopolies and Restrictive Trade Practices Act, 1969, Advocates Act, 1961, Contempt of Courts Act, 1971, Customs Act, 1962, Central Excises and Salt Act, 1944, Enlargement of Criminal Appellate Jurisdiction Act, 1970, Trial of Offences Relating to Transactions in Securities Act, 1992, Terrorist and Disruptive Activities (Prevention) Act, 1987 and Consumer Protection Act, 1986. Election Petitions under Part III of the Presidential and Vice Presidential Elections Act, 1952 are also filed directly in the Supreme Court.
Under Articles 129 and 142 of the Constitution the Supreme Court has been vested with power to punish for contempt of Court including the power to punish for contempt of itself. In case of contempt other than the contempt referred to in Rule 2, Part-I of the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975, the Court may take action (a) Suo motu, or (b) on a petition made by Attorney General, or Solicitor General, or (c) on a petition made by any person, and in the case of a criminal contempt with the consent in writing of the Attorney General or the Solicitor General.
Under Order XL of the Supreme Court Rules the Supreme Court may review its judgment or order but no application for review is to be entertained in a civil proceeding except on the grounds mentioned in Order XLVII, Rule 1 of the Code of Civil Procedure and in a criminal proceeding except on the ground of an error apparent on the face of the record.
PUBLIC INTEREST LITIGATION
Although the proceedings in the Supreme Court arise out of the judgments or orders made by the Subordinate Courts including the High Courts, but of late the Supreme Court has started entertaining matters in which interest of the public at large is involved and the Court can be moved by any individual or group of persons either by filing a Writ Petition at the Filing Counter of the Court or by addressing a letter to Hon'ble the Chief Justice of India highlighting the question of public importance for invoking this jurisdiction. Such concept is popularly known as 'Public Interest Litigation' and several matters of public importance have become landmark cases. This concept is unique to the Supreme Court of India only and perhaps no other Court in the world has been exercising this extraordinary jurisdiction. A Writ Petition filed at the Filing Counter is dealt with like any other Writ Petition and processed as such. In case of a letter addressed to Hon'ble the Chief Justice of India the same is dealt with in accordance with the guidelines framed for the purpose.
PROVISION OF LEGAL AID
If a person belongs to the poor section of the society having annual income of less than Rs. 18,000/- or belongs to Scheduled Caste or Scheduled Tribe, a victim of natural calamity, is a woman or a child or a mentally ill or otherwise disabled person or an industrial workman, or is in custody including custody in protective home, he/she is entitled to get free legal aid from the Supreme Court Legal Aid Committee. The aid so granted by the Committee includes cost of preparation of the matter and all applications connected therewith, in addition to providing an Advocate for preparing and arguing the case. Any person desirous of availing legal service through the Committee has to make an application to the Secretary and hand over all necessary documents concerning his case to it. The Committee after ascertaining the eligibility of the person provides necessary legal aid to him/her.
Persons belonging to middle income group i.e. with income above Rs. 18,000/- but under Rs. 1,20,000/- per annum are eligible to get legal aid from the Supreme Court Middle Income Group Society, on nominal payments.
AMICUS CURIAE
If a petition is received from the jail or in any other criminal matter if the accused is unrepresented then an Advocate is appointed as amicus curiae by the Court to defend and argue the case of the accused. In civil matters also the Court can appoint an Advocate as amicus curiae if it thinks it necessary in case of an unrepresented party; the Court can also appoint amicus curiae in any matter of general public importance or in which the interest of the public at large is involved.
HIGH COURTS
The High Court stands at the head of a State's judicial administration. There are 18 High Courts in the country, three having jurisdiction over more than one State. Among the Union Territories Delhi alone has a High Court of its own. Other six Union Territories come under the jurisdiction of different State High Courts. Each High Court comprises of a Chief Justice and such other Judges as the President may, from time to time, appoint. The Chief Justice of a High Court is appointed by the President in consultation with the Chief Justice of India and the Governor of the State. The procedure for appointing puisne Judges is the same except that the Chief Justice of the High Court concerned is also consulted. They hold office until the age of 62 years and are removable in the same manner as a Judge of the Supreme Court. To be eligible for appointment as a Judge one must be a citizen of India and have held a judicial office in India for ten years or must have practised as an Adovcate of a High Court or two or more such Courts in succession for a similar period.
Each High Court has power to issue to any person within its jurisdiction directions, orders, or writs including writs which are in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for enforcement of Fundamental Rights and for any other purpose. This power may also be exercised by any High Court exercising jurisdiction in relation to territories within which the cause of action, wholly or in part, arises for exercise of such power, notwithstanding that the seat of such Government or authority or residence of such person is not within those territories.
Each High Court has powers of superintendence over all Courts within its jurisdiction. It can call for returns from such Courts, make and issue general rules and prescribe forms to regulate their practice and proceedings and determine the manner and form in which book entries and accounts shall be kept. The following Table (*Ann.A) gives the seat and territorial jurisdiction of the High Courts.
ADVOCATE GENERAL
There is an Advocate General for each State, appointed by the Governor, who holds office during the pleasure of the Governor. He must be a person qualified to be appointed as a Judge of High Court. His duty is to give advice to State Governments upon such legal matters and to perform such other duties of legal character, as may be referred or assigned to him by the Governor. The Advocate General has the right to speak and take part in the proceedings of the State Legislature without the right to vote.
LOK ADALATS
Lok Adalats which are voluntary agencies are monitored by the State Legal Aid and Advice Boards. They have proved to be a successful alternative forum for resolving of disputes through the conciliatory method.
The Legal Services Authorities Act, 1987 provides statutory status to the legal aid movement and it also provides for setting up of Legal Services Authorities at the Central, State and District levels. These authorities will have their own funds. Further, Lok Adalats which are at present informal agencies will acquire statutory status. Every award of Lok Adalats shall be deemed to be a decree of a civil court
or order of a Tribunal and shall be final and binding on the parties to the dispute. It also provides that in respect of cases decided at a Lok Adalat, the court fee paid by the parties will be refunded.
--
Haider Ajaz
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