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Need: We need legal advice for Anshu's Dowry Murder Case in Delhi

Hello Friends,

A few days ago I had made a post about the ongoing dowry murder case of Anshu Singh in Delhi.
http://genderbytes.wordpress.com/2010/08/27/killed-45-days-after-her-wed...

Today I got a letter from Mr. Singh, Anshu's father -- where he told me about a shocking event that occurred in the court. It is evidence of how religion and caste have become a major source of prejudice even in how judges respond in the Indian courts. Mr. Singh has requested legal advise on how to proceed further. And would appreciate any kind of help and support from anyone with a legal background in Indian law

The accused here, Anshu's husband and his family are of the Jain religion. Anshu's family is of the Jaat caste.

It turns out that the judge is also Jain and may be pandering to Anshu's in-laws because of the religion affiliation.

In court Anshu's in-laws began their narration with "we are Jains, and they are Jaats" etc.

So Anshu's mother objected. She said, "Where was the need to begin with that. Why should that be even mentioned here?" Upon which the judge got extremely angry and threatened to jail Anshu's mother and father for objecting.

Mr. Singh has again written asking for advise on this case. If you have a legal background -- please do advise him. You can contact us, The 50 Million Missing Campaign.
Or Mr. Singh directly at GIRENDER SINGH.

This is Mr. Singh's email:
For your kind information, today the Hon'ble High Court has dismissed the Anticipatory of the remaining 2 accuseds of my deceased daughter Anshu Singh, the mother-in-law (Sushma Jain) and brother-in-law (shivank Jain). The Inspector Father-in-law Pramod Kumar Jain was already ready to surrender in District Court, Karkardooma after the dismissal of his SLP 5169 in Hon'ble High Court.

Today on 20.09.2010, all the 3 remaining accuseds has to surrendered in court at 4.30 p.m., The IO has taken them on Police Remand till tomorrow noon, after that all the 3 would be sent to Tihar Jail.

But Meeta Je, pl. advised me on the favour on castism in a Nation like India, to whom we Proudly Say – SECULAR COUNTRY, in Hon’ble court, today we faced and realized favourring of accuseds in presence of us (me & wife) by Hon'ble MM Sh. Ankur Jain, (Court No. 49, Karkardooma District Court) at the time of surrender was in progress:

1. The accuseds were came to surrender at 2 p.m. (noon) with IO, while the Inspector Promod Kumar Jain was in (surrender box) - what you called (KATGHARA) in Hindi Local, in District Court (Court No. 49 (MM), Hon’ble Shri Ankur Jain).

2. The hon’ble MM Sh. Ankur Jain was not ready to hear the IO and to US, in 2.30 hours he went 5 times to leave his seat for 5-10 minutes. He heard us in the Last at 4.30 p.m., my lawyer was not present due to being the chairman of election committee of bar association, karkardooma, he was busy in vote counting proceedings of their elections.

3. In the surrender box accused Insp. Pramod Kumar Jain being started as follow:
SIR, WE ARE JAIN and He (me) is JAAT (Chaudhary), so he has falsely named all us 3 in F.I.R…… etc. etc.

When the Hon’ble MM listened him by narrating every wrong about us for 5 minutes very anxiously without any permission. I intervene and took the Permission to object that what was the need to start by Cast – Jain (WE ARE JAIN), the hon’ble judge is wise enough to read your sir names and also said that the same language for the word (JAAT) was used in SLP 5169 (in Hon’ble Supreme Court) when my lawyer objected it and his lawyers felt sorry. What he want to realize us and you by starting narrating – WE ARE JAIN, I strongly oppose it and requested not to hear so much of accuseds in witness box.

Hon’ble MM (Sh. Ankur Jain) didn’t hear us for even ½ minutes and his face was reacted so angrily – what you thinks, I can transfer this case to other court (if you wish), I said no sir, we have full faith in Judiciary. But, without hearing us he started: I have enough powers to arrest both of you (Me and my Wife), I said: my wife has only requested you to not to hear him on behalf of castism only, she said nothing so why your majesty is so angry, she is in great shock and trauma, she has lost her beloved daughter and sir, you well know the heart of a mother so Parden her, she is not feeling good seeing all the 3 accused (laughfing) infront of you and us and I sent my wife on gate of the room and not to say anything.

The Hon’ble MM doesn’t hear for 1 minutes of us, our prayer, to submit the key of that rented flat in which my daughter faced dowry death. He clearly favoured what the written requests was given by accuseds lawyer (about not harass, allow a lawyer with them till they are on remand), nothing about Keys and other requests what the IO made to hon’ble judge.

He clearly shouted on us: I HAVE ENOUGH POWER TO SENT BOTH YOU ALSO TO THE JAIL. Ultimately the process were started to singing the surrender. The Hon’ble Judge was wrting on the challans and other documents of the accuseds very hurryly, we came out of court.

For your kind information: On the First Day on the occasion of Anticipatory Bail application of husband (Shivank Jain), the same hon’ble judge hear everything of his lawyer so interestingly and for hours – as there is enough time with the courts, he even issued orders of enquiry of searching medicines from deceased flat, from IHBAS, from LEPROSY etc. etc.

After hearing for 2 day’s on the accused husbands bail application and accepting their all the requests, being applicant I request for my state lawyer who was not present for both the days, he didn’t heared me even my request to order IO about the enquiry of 2 Lacs loan my deceased daughter applied in City Financial 6 day’s of death and my requests for enquiry of both her Credit Cards (Barclay and HSBC) from which the amount of Rs. 75,000 approx was withdrawn by my daughter and her husband to say that (What was the Need to Purchase from Credit Card of Her only) while I has given everything for her start of married life happily and fulfill , even her husband father-in-laws demand for ZEN –ESTILO also.

The Hon’ble judge, didn’t order my request and order all the requests what the lawyer of accuseds said for. That time also his lawyer started with the sentence: Sir, He (Insp Pramod Kumar Jain) has Good Name in Jain Samaj, his one relative named…….. so & so is the Member of Rajya Sabha, his such and such relative is on such and such posts etc. etc.

When I realized that we can’t fight case on the mercy of State of Delhi, we took our own private lawyer (a learned one) in after noon, he was saying outside the court to us that MM has not any power to grant and relief u/s 498A, 304B…. somebody of accuseds spy was hearing all this outside the court, he came and started to say to his lawyer that the lawyer of us was saying that MM has no power to grant the relief in this section of heinous crime, you don’t worry, I will see why he is hearing the accuseds since last 2 days and ultimately the bail was dismissed by having my private lawyer.

Since then, hon’ble judge issued the repeated NBW’s for accuseds and never granted the request to declare them PO whenever the IO requested him. All this process give 8 months time to the accuseds to make the Mockery of Law everywhere.

You Please Advise us WHAT TO DO?
GIRENDER SINGH

Comments

Ina Hume's picture

Asian Centre for Human Rights

Hi Rita,

I am sorry about this really sad case. I am not based in Delhi, but i would suggest getting in contact with the Asian Centre for Human Rights which is based in Delhi. They may or may not be able to help you. But they will be able to signpost you to a lawyer or someone else for advice. I know the Director, Suhas Chakma, so you can mention that i said to get in touch with them. I know them more for their work on Indigenous Peoples. I am attaching their web page below.

Good luck,

Ina

Contact:
Director
Asian Centre for Human Rights
C-3/441-C, Janakpuri
New Delhi - 110058, INDIA
Tel/Fax: +91-11- 45501889, 25620583

Web site: www.achrweb.org

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