After all it was an accidental death. To err is human. It is true that he committed crime by driving in intoxication and killed road dwellers. There is no doubt in it that he should be punished . But the punishment for such mistake should be at most jail for seven days to driver and more compensation to the family of victim. And such decision should be taken in at most seven days. In this Court has taken 13 years in giving judgement. Who will punish court?
Such a hard punishment to such a good person like Salman is really not good and has hurt Salman fans much. Indian judiciary should reconsider the case and in such case lighter punishment should be given .
It is my view that if needed law making body should bring about amendment in related law for future cases to ensure quick judgement with provision of lighter punishment in first case of accidental death while driving , higher punishment of one month jail in second accident and higher in third case .
Ample opportunity must be given by court of law to bring about change in person and if it is proved that the person is beyond change, the hard punishment may be provided and driving license of such driver should be cancelled .In all such cases , family of the victim should be given suitably higher amount of compensation.
Let us pray to God for all help to both parties,Salman and And bereaved family of the deceased . God will provide energy and courage to both parties to pass through this ordeal of five years imprisonment. I am really very sad.
I hope High Court may reduce the punishment if Salman applis for bail in High Court. I have all sympathy not only for Salman but for all such person who due to careless and reckless driving cause death or injury to others . Law needs to be amended suitably so that in future Court may not take 13 years in delivery of judgement and quantum of punishment is not so high.
I like to add here that ,with due respect to judiciary and all learned judges , persons responsible for such inordinate delay in delivery of judgement by court should be punished . Indian court has to be made responsible and accountable for inordinate delay and for this purpose Government must provide adequate infrastructure and manpower to all courts.
There should be hardest punishment in shortest period of time to all those criminals who wilfully , intentionally and with plan kill a person or more. In India many CRPF personnel or police personnel are killed by extremists and terrorists , but unfortunately they are either not caught or the case against them is diluted and delayed to such a large extent that the quantum of punishment to such criminal become irrelevant and useless. Inordinate delay in justice cause much harm to victim of accident and hence there should be provision for hard punishment to judges , advocates and officials who cause delay in delivery of justice.
I lastly express my displeasure on judicial system and on law which provide such a harsh punishment for such unwilled crime , such unintentional crime , for such human mistakes. Crime of Salman is not so much heinous as to keep him in jail for five long years and that too after lapse of 13 years. It is grave injustice to a good person who entertain crores of film fans.
Salman is a person who by virtue of his being an actor entertain crores of people not only in India but all over the world . The purpose of court is to convert a bad man to good man . But in this case or in the case of Sanjay Dutt, the act of court , you may say , the decision of court may convert a good person to a bad person. It is really a tragic act and needs to be condemned by all who are lover of justice and who want real change in mind and attitude of evil doers by intervention of judiciary.
Salman Khan is a VIP, it does not mean that he should be punished without any reasoning. I think, in none of cases related to accidents , court has delivered such a hard punishment. Media men harp on issue of Salman for raising their TRP, but I pray to them also to arrange debates on such vital issues in such a manner which results in precipitation of reasonable legal provisions and justice to all.
It is important to mention here that 137000 people were killed in road accidents in 2013 alone that is more than the number of people killed in all our wars put together. Drunken driving is one of the leading causes of road accidents. There is one death every four minutes in India.
It is unfortunate that no fruitful system has been built up to stop drunk driving. There is no permanent mechanism in place which can stop rash driving. Lack of control on traffic jam and undisciplined driving is also a reason . poor maintenance of road is another reason behind accidents. Govt should also own responsibility and put a brake on rising number of accidental death.
Lastly I raise a question to those people who are in favour of harsher punishment. They should say whether train driver and other concerned rail officers will be equally punished in case of train accidents which cause death and injury to hundreds of people in one go.
Salman Khan sentenced to five years in jail-The Hindu-06.05.2015
A sessions court in Mumbai on Wednesday sentenced Salman Khan to 5 years in prison for culpable homicide for the death of a man in the 2002 hit-and-run case.
Justice D.W. Deshpande held the Bollywood actor guilty of all counts in the 13-year-old case, rejecting Salman Khan's claim that his driver Ashok Singh was at the wheel when the accident took place.
Justice Deshpande said: “You were driving the car,” adding Salman was under the influence of alcohol and behind the wheels without a licence.
The court relied upon judgements in Alistair Pereira and Sanjeev Nanda BMW case of Delhi while convicting Salman.
As the court delivered the verdict, Salman had tears in his eyes and stood silently in the dock.
The case so far
Nurullah Mehboob Sharif was killed and four others were injured after Khan’s Toyota Land Cruiser ran up the stairs of American Express Laundry on Hill Road at Bandra in the intervening night of September 27 and 28, 2002. Khan was arrested and freed the same day after a medical check-up. He was rearrested in October 2002, but got bail from the sessions court.
The trial began in October 2006 at the Chief Metropolitan Magistrate Court at Bandra. In 2012, the magistrate ruled in favour of an enhanced charge under Section 304 II of the IPC (culpable homicide not amounting to murder) and transferred the case to the Mumbai sessions court for a fresh trial. In 2013, the sessions court framed charges under the stringent Section. Earlier, the actor had faced the charge of causing death by negligence under Section 304-A of the IPC.
He is also facing the charges of rash driving under Section 279 and abetment of assault under Section 134 of the IPC, besides those under the Motor Vehicle Act. If convicted, he may face up to 10 years in jail.
Prayers at home
At Salman’s home in Galaxy Apartment in suburban Bandra, his family members — mother Salma, brothers Arbaaz and Sohail Khan, sisters Alvira and Arpita have been offering prayers since last night.
“We are all eagerly waiting for the verdict and we hope all will go well,” Salman’s father and noted scriptwriter Salim Khan said.
The actor’s mother has been visiting temples since a few days, family sources said. Salman returned from Jammu and Kashmir on Tuesday where he had been shooting for his home production Bajrangi Bhaijaan, which is due to release in July.
The actor arrived in the evening and spent time with his family at home, the sources added. A strong posse of policemen has been deployed at the sessions court.
HCs draw template for early settlement of road accident claims-Economic Times 19th May 2014
CHANDIGARH: Two of the country's high courts have joined hands in a unique initiative to sharply reduce the time it takes to get compensation for road accident victims, a move that will help considerably in reducing the pain and suffering of the next of kin who otherwise have to wait indefinitely for justice.
There are several thousand such cases pending in several courts, some of which have dragged on for decades, with delays being blamed variously on evasive insurance companies, lackadaisical police officials and inordinate delays in the judicial process that's typical of the Indian system.
The Punjab and Haryana High Court and the Delhi High Court have now drawn up a template that will shorten the entire claims exercise to eight months. The aim is to put an end to unnecessary litigation and harassment, according to the judges behind the plan — Justice K Kannan of the Punjab and Haryana High Court and Justice JR Midha of the Delhi High Court.
Motor accident claim cases constitute a big part of the backlog at all high courts. In the Punjab and Haryana High Court, 40,000 of 2.3 lakh old cases are related to motor accident claims, some of them pending since 1985.
The judges want to put an end to "adversarial litigation" and promote the amicable resolution of claims. In the current system, after a lower court decides the case in favour of one of the parties — family or insurance company — the losing side approaches the higher court leading to delays.
It's this dragged-out litigation that the courts want to curtail.
The judges of both high courts have already begun strict enforcement of the template, relying on "established principles of Supreme Court directions", said a source.
Justice Kannan has meanwhile been holding workshops with insurance company, police and lower court officials to train them on how the system works.
"The endeavour is to help all the necessary parties appreciate that motor accident claim cases aren't adversarial litigation. It's the right of the victim's kin, who already stands harassed. Judges, cops and insurance companies are being told to adopt the template which in future will benefit all of them and save the courts from unnecessary litigation," said a senior high court official on condition of anonymity.
A similar initiative was carried out in the Delhi High Court to resolve nearly 20,000 such cases in one go. In the new format, the exercise of gathering accident details and submitting these to the competent court won't take more than 60 days. The court has to see the dispute settled amicably in six months.
In a recent judicial order, Justice Kannan directed lower courts in Punjab and Haryana to "elicit from doctors proper evidence of disability, in all injury cases, and how the disability could impact, long term or short term, the earning capacity". The courts have been directed not "to summon doctors, hospital authorities or court ahlmad (a lower court official) for production and proof of MLR (medico-legal report), FIR (first information report) or documents filed in criminal courts".
http://articles.economictimes.indiatimes.com/2014-05-19/news/49949158_1_road-accident-courts-punjab-and-haryana
HCs draw template for early settlement of road accident claims-Economic Times 19th May 2014
CHANDIGARH: Two of the country's high courts have joined hands in a unique initiative to sharply reduce the time it takes to get compensation for road accident victims, a move that will help considerably in reducing the pain and suffering of the next of kin who otherwise have to wait indefinitely for justice.
There are several thousand such cases pending in several courts, some of which have dragged on for decades, with delays being blamed variously on evasive insurance companies, lackadaisical police officials and inordinate delays in the judicial process that's typical of the Indian system.
The Punjab and Haryana High Court and the Delhi High Court have now drawn up a template that will shorten the entire claims exercise to eight months. The aim is to put an end to unnecessary litigation and harassment, according to the judges behind the plan — Justice K Kannan of the Punjab and Haryana High Court and Justice JR Midha of the Delhi High Court.
Motor accident claim cases constitute a big part of the backlog at all high courts. In the Punjab and Haryana High Court, 40,000 of 2.3 lakh old cases are related to motor accident claims, some of them pending since 1985.
The judges want to put an end to "adversarial litigation" and promote the amicable resolution of claims. In the current system, after a lower court decides the case in favour of one of the parties — family or insurance company — the losing side approaches the higher court leading to delays.
It's this dragged-out litigation that the courts want to curtail.
The judges of both high courts have already begun strict enforcement of the template, relying on "established principles of Supreme Court directions", said a source.
Justice Kannan has meanwhile been holding workshops with insurance company, police and lower court officials to train them on how the system works.
"The endeavour is to help all the necessary parties appreciate that motor accident claim cases aren't adversarial litigation. It's the right of the victim's kin, who already stands harassed. Judges, cops and insurance companies are being told to adopt the template which in future will benefit all of them and save the courts from unnecessary litigation," said a senior high court official on condition of anonymity.
A similar initiative was carried out in the Delhi High Court to resolve nearly 20,000 such cases in one go. In the new format, the exercise of gathering accident details and submitting these to the competent court won't take more than 60 days. The court has to see the dispute settled amicably in six months.
In a recent judicial order, Justice Kannan directed lower courts in Punjab and Haryana to "elicit from doctors proper evidence of disability, in all injury cases, and how the disability could impact, long term or short term, the earning capacity". The courts have been directed not "to summon doctors, hospital authorities or court ahlmad (a lower court official) for production and proof of MLR (medico-legal report), FIR (first information report) or documents filed in criminal courts".
http://articles.economictimes.indiatimes.com/2014-05-19/news/49949158_1_road-accident-courts-punjab-and-haryana
No comments:
Post a Comment