Friday 20 February 2015

An Appeal to the liberty loving peoples of the whole world

-by Justice Markandey Katju, former Judge, Indian Supreme Court
Zaibunnisa Kazi is an old woman in India who is in jail, convicted on the basis of weak evidence ( conviction upheld by the Indian Supreme Court in 2013 ) for allegedly having some weapons in her possession. The only evidence against her was a retracted confession of a  co-accused.

 She is an old woman of 72 years who is ailing. She had a kidney operation and has other ailments. She has to be medically examined frequently. I fear that unless she is released soon she may die in jail.

 I was a lawyer for 20 years and a Judge for 20 years, retiring from the Indian Supreme Court in September 2011.. I carefully scrutinized the evidence against her as well as the judgment, and came to the conclusion that her conviction was wrong. I therefore issued appeals for her pardon in 2013 to the President of India and then Prime Minister of India, and personally met them in this connection, and showed them the relevant papers and explained to them the law, but to no avail.

 Zaibunnisa's daughter Shagufta lives in Mumbai. Her email id is shaguftakazi696@hotmail.com. She met me in Delhi in 2013 and after discussing the matter with her and studying the papers I agreed to help her.

I then personally went to one of the top lawyers of the Indian Supreme Court, Mr. Fali Nariman, who filed a rectification petition in the Supreme Court, not charging any fee ( at my request ), but that petition was rejected.

 Zaibunnisa, who was then an old woman of 70, and had already served 9 months in jail, and was on bail, had again to go to jail, where she has been since then.
  
Recently, Mr. Shanti Bhushan, another top lawyer of India filed a curative petition in her case, but it was also dismissed by the Supreme Court.
  
 Presently I am in California, U.S.A. Shagufta has sent me several emails ( at my id mark_katju@yahoo.co.in ) asking for help.
  
I request all civil liberty organizations throughout the world and others who love liberty to appeal to the Indian Government to release Zaibunnisa, as grave injustice has been done.

 I have pasted copy of the certificate given by Mr. Shanti Bhushan, Senior Advocate, Supreme Court of India, and shall also be pasting copies of my appeals to the President and Prime Minister of India, as well as the emails sent by Shagufta to me on my next post. Shagufta's email id is shaguftakazi696@hotmail.com
     Justice Markandey Katju
Former Judge, Supreme Court of India

CERTIFICATE
I, hereby, certify that the Curative Petition has been examined by me and it appears to me that there are strong reasons for entertaining this Curative petition because the Petitioner’s conviction under Sections 3 (3) and 6 of the TADA (Prevention) Act, 1987 is based on no evidence and suffers from inherent contradiction which has resulted in gross and manifest injustice to her which needs to be corrected by this Hon’ble Court in its Curative Jurisdiction in the interest of justice.

This Hon’ble Court upheld the Petitioner’s conviction only on this ground, as is mentioned in para 124 of the judgment dated 21.03.2013, that the co-accused in his confession had stated that the Petitioner was told that the bag which was given to her contained AK-56 rifles but the reading of the confession shows that there is no such thing in the said confession. Moreover, the Petitioner has been convicted under the aforesaid sections of the TADA Act for facilitating a preparatory terrorist act by keeping a bag with AK-56 rifles but was acquitted of the charge of possessing those very rifles under the Arms Act. The Petitioner’s acquittal under the Arms Act wipes out the foundation of the Petitioner’s conviction under the TADA Act, but still she has been convicted, thereby causing gross injustice to her.

The Review Petition bearing no. 337 of 2013 filed against the final judgment dated 21.03.2013 in Criminal Appeal No. 1001/2007 was dismissed by circulation vide order dated 16.04.2013.
This Curative Petition fulfils the requirements as laid down in the judgment dated 10.04.2002 in the matter of Rupa Ashok Hurra Vs. Ashok Hurrareported in 2002 (4) SCC page 388.


Mr. Shanti Bhushan
(Sr. Advocate)
115, New Lawyers Chamber
Supreme Court of India
New Delhi- 110001
Tel. No. 23385266
New Delhi

4 comments:

  1. This is a typical instance which proves that the law is indeed dumb, blind and deaf! It is all the more 'painfully' interesting when this case is brought out to public notice by none other than a former Supreme Court Judge of India through this blog site of his.

    There could be thousands of such cases where in the dumb, blind and deaf law causes habitual criminals go unpunished while accidental law breakers or falsely accused innocents are severely punished. What is more troubling to all those who have human wisdom and mind should be the serious drawback that our present system has in rectifying its own defects and errors.

    Is it time for an introspection in our jurisprudence?

    Is it time to free the present law and justice system from its dark-age legacy?

    ReplyDelete
  2. SUBJECT : Modi govt does not want me to continue as Nalanda University chancellor: Amartya Sen . .
    ###################################

    http://timesofindia.indiatimes.com/india/Modi-govt-does-not-want-me-to-continue-as-Nalanda-University-chancellor-Amartya-Sen/articleshow/46309975.cms

    HEY AMARTYA SEN , WITH A ROTHSCHILD WIFE - - - -

    LISTEN UP AND LISTEN GOOD - - -

    WE INDIANS DO NOT CARE FOR YOU . . .

    we know how you got a nobel prize . . .

    FU#K OFF !!

    punch into Google search -

    . . . . AMARTYA SEN GETS NOBEL PRIZE FOR WHITEWASHING CHURCHILL'S INDIAN HOLOCAUST VADAKAYIL . . .

    capt ajit vadakayil
    ..

    ReplyDelete
  3. SUBJECT : Thailand bans surrogacy for foreigners in bid to end rent-a-womb . . tourism . .
    #########################################

    http://timesofindia.indiatimes.com/world/rest-of-world/Thailand-bans-surrogacy-for-foreigners-in-bid-to-end-rent-a-womb-tourism/articleshow/46310686.cms

    ZIONIST DARLING APCO MODI HAS OPENED OUT VISA ON ARRIVAL TO ENCOURAGE RENT A WOMB . .

    THE DECADENT WEST, WANT TO ENJOY LIFE WHICH POLLUTES THE WOMANs WOMB .

    DECADENCE WEAKENS THE MANs SPERM SEED - THE WESTERN Y CHROMOSOME IS WARPED . .

    THE WHITE MAN SPITS ON INDIANS AS BROWN COOLIES , BUT THEY WANT TO RENT A HEALTHY INDIAN WOMB AND BUY KHAP GOTRA FORTIFIED INDIAN SPERM . .

    Commercial surrogacy, which is banned in Australia, New Zealand and most European countries and is subject to a wide spectrum of regulation in U.S. states, was legalized in India in 2002 by the Zionist friendly BJP --we know the price . . ..

    MODIs VISA ON ARRIVAL HAS CAUSED A LITERAL EXPLOSION OF SURROGATE BABIES . . . .

    INDIA IS NOW A BOOMING CENTRE FOR REPRODUCTIVE TOURISM. . . RENT A WOMB, FOR WHITE TOURISTS WHO SPIT ON US, DOES NOT AUGUR WELL FOR BHARATMATA AND INDIAN CULTURE . . .

    The new Assisted Reproductive Technology (Regulation) Bill & Rules legalises commercial surrogacy, stating that the surrogate mother may receive monetary compensation for carrying the child . . .Is this a moral thing to do ? . .

    Women from the impoverished families come forward and now this has given rise to middle men and dalals ( ACHCHE DIN FOR THE BROKER ) who make most of this money.

    A LOT OF IMMORAL ZIONIST LESBIANS AND GAYS COME BY VISA ON ARRIVAL TO INDIA TO PRODUCE CHILDREN. . .

    MODI SAAB, YOU HAVE BLOWN IT - YOU HAVE FRITTERED AWAY ALL GOOD WILL OF THE INDIAN PEOPLE . . IT TAKES REAL COMPETENCE TO BURN GOOD WILL . .

    MODI SAAB, THIS IS BAD KARMA -- YOU WILL REAP THE FRUIT SOONER THAN LATER -- YOU HAVE FOOLED THE INDIAN HINDUS WHO LOVED AND SUPPORTED YOU . . .

    BE SURE ALICE IN GUJJULAND -- WE THE PEOPLE OF INDIA ARE NOW WATCHING EVERY INCH OF YOUR ZIONIST SPONSORED PROGRESS . .

    YOUR KOSHER CHICKENS WILL COME HOME TO ROOST, SOONER THAN LATER .. .

    the sychopants of BJP do NOT care for the WATAN , for selfish reasons they support the man of the throne . .

    punch into Google search -

    . . . . . GARBHA SANSKAR , NURTURING THE UNBORN CHILD IN THE WOMB VADAKAYIL . . .

    capt ajit vadakayil
    ..

    ReplyDelete
  4. Nice Article. I m always Read your articles. It's realy Enjoyable. Thanks For Sharing with us. IBPS, UPSC, Govt Jobs

    ReplyDelete