The New Criminal Law Acts: Best or Worst?

On 25th December, 2023, Her Excellency Madam President Droupadi Murmu gave presidential assent to the three controversial and debated bills, amending Indian Penal Code, 1860, Indian Evidence Act, 1872 and The Criminal Procedure Code, 1973 without taking any consultation from the Honourable Judges of the Supreme Courts, the Chief Justice of India Hon. Shri Dhananjay Y Chandrachud and by just following the recommendations of the Law Commission of India.

The bills are named as-

Bhartiya Nyay Sanhita (Second) 2023

Bhartiya Nagrik Suraksha Sanhita (Second) 2023

Bhartiya Sakshya Adhiniyam (Second) 2023.

The problem with these so called acts passed by the Parliament and assented by Her Excellency The President is that it has created a multitude of legal issues and problems just by its implementation. The Recent Truck Drivers Bandh is a prime example of that, which is in violation of Article 20 (3) of the Indian Constitution.

In the name of garnering Hindu votes, the ruling National Democratic Alliance and the Bhartiya Janta Party has created a legal disaster by encroaching upon the judiciary. In a healthy democracy, the Executive (Services), Judiciary and Legislature (Parliament and Vidhan Sabhas/ Vidhan Parishads) remain independent and do not encroach upon each others’ boundaries. By encroaching upon the Judiciary’s boundaries, the BJP has made it clear that it wants totalitarianism and absolute control over every organ of the democracy, which mostly kills the spirit of a healthy, mature democracy.

By rearranging the sections, by introducing old laws by new “Hindified” names (which certainly shall not be liked by the South Indian people), by creating a legal menace to advocates, law students and professors alike and by only benefitting the law book sellers who will make crores of rupees by selling hard and soft bound copies of the said acts, The BJP has yet again landed itself in legal controversy.

Either the BJP is heavily confident that it shall secure victory in 2024 elections by construction of the Ram Mandir or itself thinks that it can do anything it likes and the general public just can’t complain. In both ways, the party is in a wrong notion. It has messed up the criminal justice system in unimaginable ways and created a useless challenge to both lawyers and advocates.

I, Advocate Choudhury, wholly condemn this move of the Government and humbly request necessary steps be taken for the same.

(C) Advocate Tanmoy Choudhury.

Money and Energy Saved

“Money saved is Money Earned”

“Energy saved is Energy Conserved”

These are the two quotes which my mother and father live by, that’s one of the reasons we are seldom in any financial trouble (God forbid).
Following their footsteps, I have decided to conserve both energy and money and to not spend either of them unless essentially required.
This is one of my resolutions in 2023.

To not be extravagant, to not be reckless, because money comes with lots of hardships. Energy during Youth should be utilized for self betterment and for betterment of the society. I see lots of youngsters getting lost in the illusions of extravagance, luxury and lust.

By almighty Bhagwan’s grace, I am blessed with plenty, enough to sustain my daily basic needs. From inception, I am against bragging or showoff culture, even though both my parents are senior government servants, I have never used their name or influence to get my things done nor to claim any undue benefit. I am myself a Junior Advocate and I think I am more than capable to get my things done by my own merit.

I have committed grave blunders in the past and as I herald into my forthcoming years of existence, I would like to not commit those same blunders and to save money, energy, effort and time for my own betterment.

Peace. #thinkingjuda.

Bar, Bench and Vacations

Those who say that Judges and Advocates (Bench and Bar) should not get summer and winter vacations, are surely not aware of the fact that-

1. The members of the bar do not sit idle in this time period. They build their clientele, finish backlogs and appear in courts without sitting judges in cases.
2. The members of the bench go for trainings in judicial academies around the nation, complete their backlogs, study orders and cases during this time.
3. Both members are subjected to harsh weather conditions be it summer, rainy humidity and cold weather throughout the year.
4. They both are humans, and everyone deserves a break to beat the blues of this noble profession.
   This was a widely contested and debated topic, so I thought I could clear some air from it.

Idolism of successful aspirants

I, as a aspirant myself since the last 2 years, sincerely believe that Civil Services, Judicial Services or any govt post is over rated. I have seen my father, various other officers in various official capacities living modest, honest yet mundane lives, sans any flair.

Those who succeed in such exams are treated as demigods, who have achieved the unacheivable.

However, they are ordinary people with extraordinary traits and to some extent, lucky. In my frank opinion, its always 75% hard work and 25% good luck. Many serious aspirants who fail to qualify either commit suicide or lead miserable lives. Those who do qualify, well, its all out in the open, everyone knows.

Point is, aspirants, both successful and unsuccessful (serious though) are of equal calibre and just because one is a to-be officer and other is ‘branded’ a failure, doesn’t mean they are different in any way.

I don’t know my destiny, but I know one thing, UPSC/PSC/JUDICIARY is NOT THE END.

Why Do I Write?

As I am writing this piece

Without any poetic expertise

A pestering query comes to me

“Why Do I Write?”

Many have their reasons, woes and feelings

Many have motives and certain belongings

But, I am no such man

Who would bog down, to such pettiness

Some write to earn, some earn to write

Some have dull premises, some plots very bright

But, I am not one of them either

Sorry to say, I beg to differ

I seek not any pecuniary gains

Not fame, riches or great name

I write, because I think that’s right

Not to show any skill or literary might

I wish not to compete nor win

From anybody, causing any suffering

I write to give flow to my emotions

Without any controversial connotations

It’s true, though, my writing’s inspired

From some famous pieces, to which I conspire*

But it has my own personal touch

Without altering the original, too much

To give voice to my opinions

And to channel my highs and lows

To give my thoughts, a stage to be shown

And to perhaps, satiate my love of the craft

Is why I seem to write

Which will shine bright, when the time will be right….

conspire- concur, agree upon.

Two Paths, Two Destinies

We both went to the same college.

Graduated together

You took the campus placement offer

I did not sit for the interviews

You took the plush, lavish corporate job

I started my preparations for competitive exams

You joined the office

I joined the coaching

You had your initial briefing, ice breaking

I had my syllabus briefing and orientation

You were given periodic targets

I set my daily, weekly, monthly, yearly targets

You had your presentations

I had my test series and answer writing sessions

You got increments and promotions

I got rejection in my initial attempt

You climbed the corporate ladder

I climbed the age ladder

You had your office parties, tours

I had my late night sessions and early morning revisions

You got your first car, first house

I got my first success in the prelims

You got married to the love of your life

My love left me because I was unemployed

You went to your honeymoon

I rejoiced at my mains getting cleared

Your wife became pregnant

While I got ready for the interview

You had a child after 9 months

While I had my name in the merit list

Your family was complete by 26

While my career had just begun by then

You earn a 6 digit salary and drive an Audi

I am content with my thousands and Govt Vehicle

You get money, fame and extravagance

I get the respect, honour and responsibility

We started the same, but went on 2 different paths

Two roads, Two different destinies.

IMO: About Farmer Protests

The recent developments in the farmer protests are disturbing and disheartening. What started as a peaceful demonstration has come to a violent turn lately. When the 3 proposed bills are not to be implemented for 3 months and a committee is formed for looking into the lacunae and finding out the solutions, I, in my own firm opinion, do not see any reason whatsoever for continuing the protests. I agree that some of the terms in the bills are ambiguous and unclear, but by blocking the borders of the national capital is also affecting the public at large.

The protests, which are in progress for more than one and a half months from now, are now becoming a headache for both the government and the people who are living in the border areas of Delhi.

The bone of contention between the farmers and the government is mainly whether the government shall continue to keep the MSP or Minimum Support Price or not. Also, whether the traditional mandis will be functional as usual or will they be discontinued is also a matter of query and question here.

The recent developments in the protests have also triggered two farmer unions, the Bhartiya Kisan Union (Bhanu) and the Rashtriya Majdoor Sangh (RMS) to withdraw from the protests. This further lead to the thinning of the crowds in the Singhu Border.

But, more and more farmers have joined the protests, mostly from Uttar Pradesh recently. This unabated continual of the protests has caused inconvenience and hindrance to the movement of people from Delhi to neighbouring states of Uttar Pradesh and Haryana.

This must be stopped, and a reasonable solution is to be sort after.

Fani Not So Funny

Fani. The name of the Cyclone that hit Odisha recently.

This Super Cyclone caused numerous casualties in the state, with death toll rising up to as much as 35 in Odisha itself.

The Cyclone’s epicentre was at the Bay of Bengal off the Indian Coast.

The Cyclone is one of the most dreaded and dangerous after Hudhud and Aila.

Winds ranging from 100+ km/h blew from 3rd May to 5th May, 2019.

However, thanks to Navin babus quick response, the colossal loss to human lives was prevented with over 8,00,000 people evacuated before the “showdown.”

24/11: The Day KSOL bled

9/11/2001- The day twin tower attacks took place in 2001. The World’s most powerful country- USA was brought to its knees by assailants of the Al Qaeda headed by Osama bin Laden. Two passenger aircrafts barged into the World Trade Centre, causing numerous casualties.

26/11/2008- The day India’s financial capital Mumbai was under siege by Pakistani terrorists under the command of Lashkar-e-taiba headed by dreaded terrorist Hafiz Saeed. The terrorists literally killed hundreds of unarmed, innocent people, took control of the key points of Mumbai like Nariman Point, The Taj Hotel etc in 2008. The security forces however took control and arrested one Ajmal Amir Kasab, who was the lone survivor from the 10 terrorists who bloodbathed the entire city, causing humongous loss of human life, property and leaving the city in terror and dreaded fear.

24/11/2018

The day was Saturday. The students of KIIT SOL were in a merry mood for various reasons- firstly, the 5th year seniors were given farewell by the 4th years, there had been a gala party for the happiness coupled with uncertainty of the life as a lawyer ahead. People were in their glitzy attires- young men in suits, tuxedos while young women in kaleidoscopic sarees. The 4th years were busy organizing the annual fest ‘Karvaan’ for all us seniors, exams called End Sems were approaching soon and most of them had planned to give the exams satisfactorily and then in the month of December enjoy the 3 day long splendid fest.

The time was around 1540 hrs. Everything was all fine till then.

Suddenly, a large group of boys from the adjacent newly constructed Boys’ hostel barged into the Law School campus. They were fully armed with hockey sticks, bats, stones and had only one mission- to avenge the disrespect of their fellow 2nd year student who had allegedly harassed/eve teased a very senior 5th year student of the SOL. The accused had apologized for his behaviour, but the crowd of around 100-150 B. Tech students took the law students by surprise and like a blitzkrieg attack, started pelting stones, hitting law boys with bats and hockey sticks mercilessly, without any fear or remorse. The Law students, who were not in a position to understand what was actually going on, responded by indulging themselves into the chaos.

The entire Campus 16 became a battle ground, where the engineering students pelted stones and damaged the valuable property of the School of Law, by taking the law in their own hands. What started as an agitation turned into a riot between Lawyers to be and Engineers to be. The rioters then barged into the A/C boys hostel and beat the students of law black and blue. In fact, the situation was so tense that no one from the administration could do anything about it. So, law boys got beaten up, the engineers showed their ‘shameless solidarity’ to an alleged perpetrator of crime and what could have been solved amicably between the two parties, became such a complex issue that when the violence somehow stopped, 40 students were injured, while 2 were taken to the ICU of a nearby hospital.

There was blood shed everywhere, boys grieving in pain while the authorities stood helpless and meek before the wrath of the B. Tech students. In a single day, the entire reputation of the University was burnt to ashes.

But the worse was yet to come!

When finally police force and companies of para military forces were deployed, the Central University authorities denied of any such incident altogether. They were in denial that Engineering students, who happen to be in huge majority in the University, could do such a ruthless attack. Also, when the Commissioner and District Magistrate took stock of the situation by late night, the already traumatized students- both boys and girls were forced to evacuate their respective hostels by 0300 hrs or 3 am on 25/11/2018. Of course, our seniors tried their level best to console the authorities not to take such an extreme step, but to no avail.

Left completely stranded and helpless, the law students of neighbouring and other states like Bihar, West Bengal, Chhattisgarh, Rajasthan, Jharkhand took shelter in the Bhubaneswar Railway station and Biju Pattnaik International Airport, with fear coupled with anger for the University they once called their own.

Of course, the incident got covered by various news channels, print media and social media, which was essential to bring into limelight the step motherly treatment meted out to the SOL by the Deemed University.

Today is 4th December, roughly 10 days from the day this mishap took place. 5 students have been arrested, the law school is under strict vigil of the police and para military forces, the exams have been rescheduled in a short notice and the worst of all- no one is listening to the woes of the law students.

This is high time we show solidarity and togetherness (which our dear seniors have already shown to us juniors in the time of crisis by helping us in every way possible) towards saving the dignity of KSOL and upholding the ideals enshrined to us being as lawyers in the future. If you are a law student or any student, parent, teacher or anyone reading this, please support this cause under the hashtag #JusticeforKSOL and saving the nobility and respect of the profession of advocacy at large.

May Truth Prevail! May Justice Be Served!

Satyamev Jayate! Jai Hind! Vande Utkal Janani!

(C) Tanmoy Choudhury, 2018.

Bad Bad Exams

The Staff Selection Commission Entrance Exam (SSC Exam) and the Common Law Admission Test (CLAT) this year were marred by bad conduction and inefficient administration, which led to various problems and agony among the aspirants of these exams. While the SSC exam aspirants were on the streets demanding fair declaration of the results and reassessment of the entire process of conducting the exam, the CLAT aspirants filed various suits and appeals in the respective high courts and The Supreme Court of India for reconducting the exam. These instances raise really important questions, namely-

1. Why is there a lack of credibility on the organizers who conduct the very exam?

2. Why such instances of mismanagement and faulty administration occur during the exam time?

3. Who should really be held responsible for such mishaps?

4. What about the agony and distress faced by the aspirants of these exams due to the inefficiency of the authorities to conduct these exams fairly and properly?

5. What about the third parties (companies who are given the tender to host these exams online like Sify) responsibility and subsequent liability arising out of their sheer callousness and irresponsible conduct causing agony to the aspirants?

6. What steps can be taken to prevent such mishaps in future?

Before these questions are answered, let us take a look into what happened in these exams.

In the SSC exam, there were many discrepancies and glitches while the exams took place. Henceforth, there were delays in the declaration of the results of the exam, which caused unrest among the candidates. They protested in huge numbers in front of key goverment offices, including the SSC head quarters in Delhi. Even after this, the commission turned a deaf ear to their grievances and refused to comply. Not only SSC, various state commission exams like that of Bihar and Uttar Pradesh too faced backlash from the respective candidates in the same issue.

Coming to CLAT there were many technical glitches on the day of the exam, viz the computers went blank, candidates could not log in, timers malfunctioned, servers were bleak and the invigilators ignored the grievances of the examinees. The aggrieved candidates filed various appeals in the Supreme Court and the High Court regarding the failure of the organizing University NUALS Kochi to conduct a fair exam, citing the above mentioned shortcomings. But to their dismay, The Supreme Court did not entertain the plea of re examination and ordered the release of the results. 

These two scenarios depict the lack of the authorities in organizing a free and fair examination to test the ability of the candidates. Due to which, it is only the candidates who suffer; they undergo immense mental and emotional trauma and also suffer economic and time loss. 

The reason for this misconduct is the lack of accountability in the organizers, who are well aware of the loopholes which shall aid them to escape any liability if convicted. They know that they will evade any prosecution if held liable thanks to their superiors with whom they have ‘good relations’. It is seldom being seen that any organizing committee is punished for this gross miscarriage and failure in organizing any such exam in a faulty manner. So, they even don’t bother and adopt a careless attitude which ultimately spoils the life of the exam takers.

Unless and until proper discplinary action is initiated against these offenders, and they are severely punished for this irresponsible failure, which shall further become a precedent for others who are to organize such exams in the future, there can be no guarantee as to these exams will be conducted in a free and fair manner. Also, public as well as judicial activism is equally necessary to curb such events in the future. Then only these exams shall serve their purpose of selecting the best from the crowd rather than just becoming a mockery and playing with the aspirations of the candidates at large.