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Importance of anticipatory
bail provision I agree with Justice Markandey Katju of the Supreme Court that denial of anticipatory bail to the citizens in Uttar Pradesh is not in consonance with human rights. After all, orders under Section 438 IPC are subject to judicial scrutiny. As it is a temporary relief till regular bail is granted, what harm would the state suffer when the rulers and public representatives enjoy its benefit? If the purpose of law is to balance interests of society and individuals, why should innocent individuals suffer at the very threshold? I further suggest the UP government to appoint a committee consisting of the High Court Chief Justice, Chief Secretary, Home Secretary DGP and persons from other fields to go into the desirability of non-retention of the provisions. Owing to various factors, the journey to criminal justice is long and protracted. Abolition of the anticipatory bail provisions has created more problems than it solved. Even Chief Ministers have to resort to the provision of Article 226 for arrest of stay and quashing of FIRs. This remedy is a routine practice in the Allahabad High Court and courts dockets are flooded. They can take the best realistic view. Where will the citizen go if he is without remedy and his liberty is at stake? The provisions of Section 438 were enacted on the recommendation of the Law Commission to check frivolous, baseless and vindictive complaints to disgrace by arrests arising out of political and from other causes.
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Indian polity and society works under various stresses and strains involving caste, regional and political, prejudices and false complaints are lodged. Justice R.K. MAHAJAN (retd),
Former Judge, Allahabad High Court, New Shimla
Sign the deal I endorse Rajpaul Kaur’s view suggesting Prime Minister Manmohan Singh to sign the Indo-US nuclear deal (Feb 12). The Prime Minister should be bold enough to sign the deal. By doing so, India would not only improve its relations with the US but also be relieved of long power cuts. Then, the nation will remember the Prime Minister for his economic reforms as also the historic treaty. SANJAY CHAWLA, Amritsar
Fight it unitedly We appreciate the suggestion in the editorial, “Attack terrorism” (Feb 13) that the Congress and the BJP must unite to fight the menace of terrorism in the country. It aptly stated that no part of the country is free from the scourge of terrorism and instead of blaming each other both the major parties must unite on the issue of terrorism. The Congress and the BJP should evolve national consensus on such important issues as the Indo-US nuclear deal. India is a mature democracy and consensus on important national issues is the need of the hour. AMAR JIT SINGH
GORAYA, Griffith NSW (Australia)
Give up smoking Union Health Minister Anbumani Ramadoss has redeemed his otherwise arrogant image by requesting Shah Rukh Khan not to smoke on screen. The cine star’s celebrity image does influence the vulnerable public mind since they consider him as their role model. The government is spending huge funds to check the smoking menace, but ads by celebs and screen images of the stars while smoking have diluted its efforts. Smoking and drugs are the root cause of diseases like cancer, asthma, pulmonary malfunction, liver cirrhosis etc. The stars must cooperate with the government to check smoking. Let us endeavour to make India tobacco-free. KARNAIL SINGH, Kharar
Sensitive issue I read the news-item “Antony washes hands off age-row in Army” (Jan 30). Defence Minister A.K. Antony, a highly respected minister, has intelligently kept the sensitive issue at bay ostensibly to avoid a controversy about the top post amongst the three commanders, lest it percolates down to the aspirant officers down the line.
It is surprising how the records of officers maintained by the Adjutant-General Branch and the Military Secretary’s Branch should have such glaring difference for a long time. This needs to be re-examined. Col R.S. GURUNG
(retd), Kandrori (Kangra)
Wrong message The Himachal government’s reported move to regularise encroachments on the government land cannot be justified. Surely, this will send a wrong message to all peace-loving and law-abiding people of the state. Moreover, it will encourage the others to take recourse to such activities. Even the government cannot reap any political benefit out of it. The need of the hour is to discourage encroachments of all kinds and
give the rules. SANTOSH KUMAR JAMWAL,
Chauki Jamwalan (Hamirpur)
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