Nagpur: Vidarbha Activist Kishore Tiwari who is fighting against on going innocent farmers genocide by state today urged very active and strong advocate of transparency in legal system and one of constitutional responsibility give accountable democratic and fair equal judicial pillar to the existing corrupt hostile lawmakers and executives setup of Indian Federal Govt.,chief justice of India H.L.Dattu to intervene in the legal validity and very big question over interim bail on medical grounds by Justice A.M. Thipsay of Bombay High Court Barely hours after he was sentenced to five years jail in the 2002 accident case by Additional Sessions Judge D.W. Deshpande after historic 13 Years Trial .
In a letter e-mail to CJI Kishore Tiwari said ‘ I am forced to write you (CJI) having seen head lines in all national news papers that “13 year Trial -5 years Jail & Bail in 2 Hours ” and series of developments related to film actor salman khan’s 2002 hit-and-run accident in which some questions have been raised by civil society and common people at large v.i.z.
1.Is there provision to extend bail given to under-trial before conviction even after his conviction has pronounced and operative part of order handed over barely on the ground that convict have received only operative part of the order and one cannot be sent in jail without a proper court order whereas till today millions of convict have been sent in jail and thousands are in jail when they have been pronounced the judgement before receiving order copy of the judgement and there earlier bail bond is immediately cancelled hence Justice A.M. Thipsay has created fresh rule of law that under-trial bail will be continued till he gets detail order of conviction but there is discussion in the media that Supreme Court counsel Harish Salve has used his contacts and arranged to give very special treatment to VVIP film actor salman khan’ that has created questions over credibility and constitutional validity of such very speedy orders which is rarely available any other citizen in India hence CJI intervention is needed .
2.there is large section of society which is not convinced with order of Additional Sessions Judge D.W. Deshpande found the actor guilty of all the charges in the September 2002 accident which left one person dead and four people injured, and later pronounced a five-year sentence on the ground that
(A) Justice delayed is justice denied , after 13 years there nothing remains to be called as justice. If the same judgment would have been given 13 years ago then we could have called it as justice. But after 13 years the status of the punishment becomes useless.
(B) According to Criminal Jurisprudence, the main aim of the punishment is for the “Reformation” of the convict, but if we take a look on his past deeds then we will surely understand the meaning of reformation. Salman Khan has reformed himself and have did so many good deeds that no punishment can reform him for any more betterment.
If the punishment is for reforming Salman Khan then it is surely of no use , instead his good social deeds will be abstained. It cannot be ignored what work he and his foundation ‘Being Human’ is doing for poor and underprivileged children hence there is larger perception Additional Sessions Judge D.W. Deshpande has over acted for what the reason that god knows but surely that has given strong massage that all are equal before and Indian judicial system can not managed but after two hours Justice A.M. Thipsay of Bombay High Court has nullified the impact of massage.
Activist has urged CJI H.L.Dattu to intervene Salman Case as it has been one of historic media hyped VIIP case in which unseen very very speedy functioning of Bombay High Court has created doubts about the integrity Justice A.M. Thipsay is under scanner so as very strong extreme punishment given Additional Sessions Judge D.W. Deshpande after 13 years of Trial in which eye witness police constable died and all witness changed version from punishments to compensation. CJI shd arrange to scan attitude and intention of Justice A.M. Thipsay and Additional Sessions Judge D.W. Deshpande i order to protect the constitutional responsibility Indian judicial system ,Tiwari added.