WHETHER INDIAN DEMOCRACY IS FRAUD AND
FABRICATED PROCESS OF ELECTION?. WHO CREATED An Instruments of
oppression?. – ANTI NATIONALIST FORCES
PROMULGATED Institutional corruption
Whether EVM
VOTING MACHINE VUNERABLE?. , WHETHER
HIMANCHAL PRADESH AND UTTARA KHAND UTTARANCHAL ELECTIONS RESULT TEMPERED BY
NEHRU GANDHI DYNASTICAL CONGRESS USURPATIONS THROGH CONGRESS MANUPULATION BY
CHIEF ELECTIOPN COMMISSIONER ON THE INSTRUCTION OF ITALIAN SONIA GANDHI NEXUS
WITJH ISI, CIA AND KGB ?. -Legal System Crumbled by its inglorious Research
Upon Innocent Citizen Making Mockery to Electorates Parliamentarian Democratic
Set Up. WHETHER APPOINTMENT OF MUSLIMS
MINISTERS, CONSTITUTIONAL POSTS and CHRISTIANS APPOINTMENT ON CONSTITUTIONAL
POST TO DEFEAT INFIDEL HINMDUS SENTIMENTAL PATRIOTISM?. –By
the promulgation of the Anglo-Saxon jurisprudence developed after the
Magna-Carta within the British parliament, one has to understand the growth of
legal system started much before the period of British system of governance
which is based upon no written law. One has to introspect the legal system at
the time of Changez Khan who said that legal system is regulated by strength of
the ruler. There was the dictum of the sovereignty vested with the ruler and
the legal system was dependent upon the will of the ruler. After the arrival of
the logic and perception thereof by the philosophers starting from the time of
Plato and Aristotle, which was based upon the vedic traditions of universal
applications of transquality amongst the fellow citizens based upon vasudeva
kutumbkam, the imparting of justice to the individual seeking protection under
the judicial system was predominant. Roman catholics started their existence on
the basis of power intoxication and all such norms which were based upon
ethical foundation, had undergone a vital change in the philosophy of the legal
system by generating the feeling of the supremacy vested with the power of the
religion, one has to accept the dictum of the empire. Soon after the birth of
Jesus Christ the theory of fagunun based upon the pardon of the criminal after
execution of the crime as it was considered that the victim is not supposed to
recovered from the heinous crime then why the State having the governance may
adopt the role of doing another crime by the theory of punishment. These
principles were gradually eclipsed according to the desire of the individual
having an authority to control the judicial system which was initially vested
with the ruler of the nation. The community of the witness Joseph denounced the
concept of nationhood by saying that the citizens of a particular state is a
citizen of the world and as such the control of the sovereignty inflicted by
the ruler of the nation of the nation will not be accepted for imparting the
justice to the litigant. The Doctrine of Litigant rights are supreme and the
redressal of the grievances of the affected party is the paramount
consideration. Upto this period the ruler of the nation was deciding the cases
and only some lucky people subjected to the exploitation were having the access
to the justice as the doors of justice were not usually open to the downtrodden
society whose fate and welfare was dependent upon the choice of the individual
having predomination in the society. Thus, under the Islamic perception of the
Legal system, since Maulavi and other religious leaders became an authority to
impart the justice to the victim, the judgment of one Maulavi for the same
offence was distinguishable on the basis of the ethical approach and soon the
people have started realizing that there is the imposition of the will of the
judge adjudicating the cause is of much prominence than nay ethical foundation
on the basis of which the justice be administered to an individual. The Magna
Cart acme to the existence having universal application of its application and
the system of the appointment of the judges for imparting justice came into
existence only thereafter. Initially the freedom of expression was under the
subordination of the sovereignty and nobody was permissible to speak anything
derogatory to the existence of the nation and the ruler ruling the nation.
However after the charter of freedom of liberty and the statute created in 1644
by Washington, the liberty of individual expression based upon his conscience
has taken over the role of predomination and the criticism against the
sovereign power became a protected right to the citizens.
That the legal system based upon four theories
of punishment had undergone a vital change and the concept of deterrent
punishment in which the criminal may realize that the crime is the bad bargain
started from the time of Manu had undergone in the theory of retribution
punishment by the expansion of the Islamic domination. Two other theories of
preventive detention and the reformative system to the criminals were started
under the British domination and without disclosing why the preventive
detention is done, the state government has taken the plea that the prevention
of the crime is more important and as such the reason for detention is within
the realm of the sovereignty and no individual may question the authority of
such detention. Under the parliamentarian democratic system of governance of
legal system where the parliament acts as Lord Brahma, bureaucrats as Lord
Vishnu and Judicial institution system as Lord Shiva having the separation of
power had undergone a deflection under the power of the Governor who have been
given their right not to sanction the prosecution of the public officer and the
State Government may withdraw the prosecution as per the will of the Chief
Minister after being imparted in the form of the advice of the Cabinet to the
Governor and under section 321 CRPC, the
State government became empowered to withdraw prosecution. In this manner after
undergoing a vital change in the legal system of governance the theory of the
sovereignty as the instrument of oppression in the Anglo Saxon jurisprudence in
the legal system can still be glorified under the parliamentarian democratic
republican system having control under our constitution and the exploitation of
the citizen under the guise of imparting justice can very well be seen when Law
and Justice are inimical and are not having the talking terms within the fore corner
of our judicial system and the exploitation of the litigant in the system of
hierarchy by his advocate and the advocate is being exploited by the individual
whims of the judge , and the judge is remained under hierarchical command and
ultimately the representative of the people may control the concept of the
sovereignty is the law of the nation.
No comments:
Post a Comment