Saturday, 10 January 2015

Why Sunanda Pushkar Deserves Justice?




Dear Readers,

I started this legal blog one year back.
As a legal graduate , I thought  that  this kind of a blog would be helpful for the legal news interested readers.
I had strong  faith in our legal system  till the Sunanda incident happened.
The all circumstances evidence  hinted that it was a murder.
But , what happened ?
The minsters those who were in position came openly to protect the Minister  Sasi Taroor.
It was real shock to my legal understanding.
I stopped my writing for several days.
Everybody is equal in the eyes of law.
But ,  Some Minsters and Politicians are more equal to law..!?
The investigation went on cold storage.
When  the  Government has been  changed , then after one year , the investigation gets momentum.
If this  happened to  a common man, he would the land in jail .
If there was no government change, then what would be  happened?
The case would   be remained in cold storage...
What a fearful fact ?
Real truth should be find out in this case as early as possible.
Media alert will be helpful in this  case.
Sunanda never deserves this kind of death.
The  guilty should be exposed - How  much intellectual or influential  the guilty doesn't  a matter.
Our faith in the legal system has to be regained.
No doubt .Sunitha deserve justice.
It bady needs for  the faith our legal system.
Let  us watch and wait for  the final truth

10 January 2015

Wednesday, 7 January 2015

To have sex and child is the fundamental right of the prisoner: Punjab and Hariyana Court.





Views : Highly appreciable  verdict . It may be  benefited to thousands of  married women  whose husbands are in prison.

More than 3 lakh People are in Indian jails .70 % of the jail people  are under trials .
That means, they are accused of a crime.
Whether ,they guilty or not -It will be decided by court.

Nobody care about the rights of the prisoners. They don't have the voting rights.
So ,Political parties are not worry about their life and rights.

The wife , children and parents of the accused or convicts  are  also  the victims of the  crime .

Public mind set is also different  to the  prisoners.

A prison includes innocents , accused  and guilty.

The numbers of guilty is very limited compare the whole number.

They are also the victims of the circumstance. They are also  humans .

They also deserve human rights and fundamental rights.

Only court is giving a little relief to them.


7 January 2015.

News :

CHANDIGARH: In a historic verdict, the Punjab and Haryana high court has allowed jail inmates to have sex with their partners as long as they are married and want to have a child. The court, in an order made public on Tuesday, held that the right of convicts and jail inmates to have conjugal visits or artificial insemination for progeny was a fundamental right.
News Source : Times of India -web site
http://timesofindia.indiatimes.com/india/High-Court-allows-jail-inmates-to-have-sex-with-their-partners/articleshow/45785525.cms

Tuesday, 6 January 2015

Sunanda Pushkar was murdered : Police -Latest news.

 

Views: Why the truth comes so late?  Due to the high political influence  ? At last Police agreed -Sunanda was murdered. That is one part .But the real question is who was behind that murder.

Political scenario is changed .If not , then what ?

Sunanda deserves justice . Only a fair investigation can deliver the justice. Law simply catches the common man. But , in case of Political  influenced cases, the hand of the law is very slippery. It should be changed.

 
 
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Sunanda Pushkar was murdered, confirms Delhi police

The 52-year-old wife of former Union minister Shashi Tharoor was found dead at her suite in The Leela Palace hotel in Delhi on January 17, 2014.


NEW DELHI: In a sensational revelation, Delhi Police Commissioner B S Bassi on Tuesday confirmed that the wife of former Union minister Shashi Tharoor, Sunanda Pushkar, who was found dead on January 17, 2014 in her hotel room in Delhi, had been murdered.

Delhi police have registered an FIR under section 302 in the case. “The FIR is not against any particular person," Bassi said. However, it seems that Congress Rajya Sabha MP Shashi Tharoor is likely to be questioned in the case.
The medical board which conducted the autopsy said that the death was unnatural and due to poisoning.
Bassi says according to the AIIMS report, Pushkar was poisoned, but whether the poison was administered orally or injected, has not been confirmed. Pushkar's viscera has been sent abroad for testing. 
The quantum of poison was also ascertained by medical board, the Delhi police said.
The team comprised three doctors from the All India Institute of Medical Sciences and was headed by Dr Sudhir Gupta, who had earlier alleged that the team was pressured into giving a 'tailor-made' report in the case
The evidence maybe sent abroad for detailed examination, the Delhi police added today.
Sunanda Pushkar, 52, was found dead under mysterious circumstances in a suite at The Leela Palace hotel in south Delhi January last year.
Her death came within 48 hours of her going public about her husband's alleged affair with a Pakistani journalist, Mehr Tarar.
She was discovered by Shashi Tharoor when he returned to the hotel on Friday evening after Friday's AICC session. The couple are said to have moved out of the minister's official bungalow as it was being painted.

How it all unfolded

# On the morning of January 16, 2014, Sunanda and her husband checked into suite No. 345 of Leela Hotel.
# On January 17, Shashi Tharoor left to attend the All Indian Congress Committee session.
# Tharoor returned to the hotel around 8:00 pm.
# He was resting in a room.
# After that he check Sunanda's room and found it locked from inside.
# Tharoor opened it with his own key and found her lying in bed.
# At this, Tharoor panicked and alerted his personal assistant who informed Tharoor's personal secretary.
# Tharoor's personal secretary then informed the hotel authorities and the police around 8:30 pm.
# A forensic lab team arrived around 9:00 pm to look for evidence inside the room.

Who was Sunanda
Sunanda first grabbed attention while accompanying Shashi Tharoor at social gatherings.

Pushkar was a sales director in the Dubai- based TECOM Investments and a co-owner of Rendezvous Sports World (RSW). RSW bid for IPL team Kochi Tuskers Kerala. Tharoor is the MP from Thiruvananthapuram. In April 2010, Pushkar relinquished her estimated Rs 70-crore stake when allegations of corruption against Tharoor caused a furore.
It was alleged that Tharoor used her as a front to collect Rs 70 crore for helping the Kochi owners get their IPL team. Rendezvous Sports World led the consortium that bought the Kochi team.
In the late 1990s, she emigrated to Canada, where she lived with with a banker companion in Toronto. She returned to Dubai with a Canadian passport, and joined TECOM in the mid- 2000s. In October 2009, she met Tharoor at a party. She married Tharoor in 2010 after he was elected as an MP.

A crucial turn
The mysterious Sunanda Pushkar death case had taken a crucial turn after the Delhi Police in November questioned the staff of Leela Palace Hotel where she was found dead.
The South district police grilled them for more than an hour at the Sarojini Nagar police station.
The police officials had also scanned CCTV footages of the hotel and found Pushkar was last seen on January 16 but she never came out of her room no. 345. The sources said: "Police also called some of the hotel staff of Leela Palace Hotel, especially those who saw victim Sunanda in the last 24 hours."
The Delhi Police also recorded statements of her two attendants - Narayan and Bajrangi - and one doctor of The Leela Palace hotel who first attended on her.
Doctor claims he was pressured to give wrong report
Around the same time, Dr. Sudhir Gupta, a top doctor at the All India Institute of Medical Sciences (AIIMS) had alleged that was pressured to give a 'doctored report' in Sunanda Pushkar's death case.
Gupta headed the team of experts who conducted the post-mortem on Pushkar's body. He has alleged in his complaint to the Health Ministry and the Chief Vigilance Commission (CVC) that he was pressured by top officials to show that Pushkar's death was 'natural'.
Gupta claimed that he did not bow to the pressure and stated in his report that Pushkar died due to drug poisoning, which could be 'suicidal or homicidal'.
Former Union Minister Shashi Tharoor however reacted to the controversy strongly. Tharoor, on his Facebook page, commented that he wants 'a thorough and fair probe' into his wife's death to 'put all speculation to rest'.
Tharoor on his Facebook page said, "Upon the tragic loss of my wife Sunanda and from the very beginning, I have requested for a thorough investigation by the authorities to be conducted and concluded rapidly and transparently. The Pushkar family has taken the same view and we have all fully co-operated with the authorities. I reiterate my request to bring this protracted inquiry to a clear and definitive conclusion at the earliest, so as to put all speculation to rest."
Earlier, in October 2014, after recovering the bed sheet and the carpet having fluid marks and broken glass from the hotel room, the three phones and the laptop were sent to check if anything was deleted from the device. Police also quizzed people with whom Pushkar was in contact on her Yahoo and Google email accounts in her last days.
Police had not quizzed a single person in the last nine months nor did it try to inspect the ‘crime’ scene.
As the police try to reinvestigate the case from scratch, there are two possibilities in the case, first is that the police register a fresh FIR in the case and second it closes investigations stating that no foul play was found.
It was only after the AIIMS report that the police got suite number 345 of Leela Palace Hotel, where Pushkar was found dead, opened.
Police had also called upon the AIIMS doctors and experts from FSL to inspect the room during which fluid marks were found on Sunanda’s bed sheet, the carpet and a broken glass in the room. These articles have also been sent to forensic labs for examination.
The suite of the five-star hotel, had remained sealed and was opened for the first time since the incident.
Police had also got information regarding Pushkar’s twin email accounts from Yahoo and Google with details of whom she was in touch during her last days.
A list of these people through their IP addresses was made by the police and they were quizzed about the conversations.
Their statements are now being tallied with each other and also with those which were recorded before the SDM during the initial investigation. (With inputs from Mail Today, IANS and Agencies)

Sunday, 4 January 2015

Clinical Research : Rule offenders may land in Jail soon.



The Department  of Health  and Family  welfare   proposes   to introduce   the Drugs and   Cosmetics  ( Amendment ) Bill  ,2015 in the coming    Budget  Session  of the Parliament.
The bill is now on public domain and invites  comments   and views from the stakeholders before 12 th January 2015.

The bill has the provision of   3 year Imprisonment and 5 lakh fine  for Rule Breakers .
The repeat   offenders   will get maximum 5 years imprisonment and get fine less than 15 lakh.

The Bill has a special Chapter ( I A)  for Clinical  Trials .

The section 4 A says "  No  person, Sponsor ,Clinical research  organisations  or   any  other  organisation  or   investigator  ,shall  conduct  any  clinical  trial   in respect   of a  new drug  ,Investigational new drug ,notified category  of new  medical  device  and  investigational  new  medical device  ,new cosmetic , bioavailability   or bioequivalence    study  of  any  new drug  ,in  human  participants  except under , and  in  accordance   with  , the  permission   granted   by  the  Central  Licensing  Authority  in   such   and  manner  as  may be  prescribed "

Sub-section 2 says "   No  Person   shall  initiate   or conduct  any  clinical   trial  unless   it is   approved   by the  Ethics Committee  constituted   under   section   4 E   in such  manner   as  may be  prescribed "

The sub-section 4 K , 4 L, 4M,4N,4O, 4P, 4Q, 4R deals with the punishment and penalty.

Sub-Section 4K ( i) says:  Any new drug  or Investigational drug , in  contravention   of section   4A  and  the rules   made  thereunder  , shall be   punishable     with   imprisonment   which   may  extend   to three   years  or  fine  which   may  extend to  five  lakh  or both .

Sub-Section 4 K (ii) says : " Any  notified   category   of  new   medical    device  and  investigational    new   medical   device  , in   contravention of  section  4A  and  the rules    made  thereunder , shall    be   punishable   with   imprisonment  which    may  extend  to  two   years  of  fine  of  there  lakh rupees or both."

Who will get punishment ?

Sub section  4 M   says : Whoever,  himself or  by  any  other   person   on his   behalf  , conducts   clinical  trials  with  cosmetic  in   contravention   of  section   4 A  shall be  punishable  with  imprisonment   for  a term  which   may  extend   to one  year  of fine  which   shall   not be  less  than  two  lakh  rupees.

Here,  legal liability goes  to  Sponsor, Contract Organisations  ( CRO) ,Principal Investigator , Clinical Research Coordinators, Trial Manager...
Every body who involved in the Research Process may  be in the receiving ends.
Clinical Research has a great Social Purpose.
Strict Rules and regulations are need .
However, it should be conductive for research.
The People who are making fraud intentionally should be punished.
The People  who are making mistakes by inadvertently should be protected.
Thousands of lives are being saved by the Clinical Research and it new drugs.
Ultimately, Research   means for rewards ,not for punishments.


5-Jan-2015.