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Requesting Legal Advice on Anshu’s Dowry-Murder Case

September 22, 2010

Hello Friends,

A few days ago we had made a post about the ongoing dowry murder case of Anshu Singh in Delhi.

Today we got a letter from Mr. Singh, Anshu’s father — in which he told us 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 some 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 the accused because of the religious affiliation.

In court Anshu’s in-laws began their narration with “we are Jains, and they [Anshu’s family] are Jaats” etc.

So Anshu’s mother objected.  She said, “Where was the need to begin with that?  Why should religion 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 advice on this case.  If you have a legal background — please do advise him.  You can contact us, The 50 Million Missing Campaign, at 50millionmissing@gmail.com

Or leave a message in the comment box below.  You can leave your advice under an anonymous name too.  Your advice would be valuable not just for Anshu’s case, but also for other people who may be in a similar situation, and who read this post.

This is Mr. Singh’s letter to us:

For your kind information, today the Supreme Court has dismissed the Anticipatory of the 2 remaining  accused in the case of my deceased daughter Anshu Singh.  These 2 are the mother-in-law (Sushma Jain) and brother-in-law. The Father-in-law,  Inspector Pramod Kumar Jain was ready to surrender in District Court, Karkardooma after the dismissal of his SLP 5169 in Hon’ble High Court.

On 20.09.2010, all these 3 remaining accused (besides Anshu’s husband who was arrested earlier) have to surrendered in court at 4.30 p.m.  The IO has taken them on Police Remand till tomorrow noon, after which all the 3 are supposed to be sent to Tihar Jail.

Please advise me on the issue of casteism in a Nation like India, that we proudly regard as a – SECULAR COUNTRY.  In the court, today this is what we faced and realized that there was a bias by Hon’ble MM Sh. Ankur Jain, (Court No. 49, Karkardooma District Court) in favor of the accused because of their caste.

1. The 3 accused persons came to surrender at 2 p.m. (noon) with IO, and the accused, Inspector Pramod Kumar Jain was in  the 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 or to hear us (my wife and me) by 2.30.  He left his seat at least  5 times, for a duration of 5-10 minutes each time.  He heard us only in the Last moment at 4.30 p.m., when my lawyer was not present.  He had to be away because he is the chairman of election committee of bar association, karkardooma, and he had to leave for the vote counting proceedings of their elections.

3. In the surrender box the accused Inspector Pramod Kumar Jain started speaking as follow:

“SIR, WE ARE JAIN and He (that is me) is JAAT (Chaudhary), so he has falsely named all us 3 in F.I.R……” etc. etc.

When the Hon’ble MM listened  to Pramod Jain’s narration about us for 5 minutes without any permission, I listened very anxiously.  Then I intervened and took the Permission to object.  I said that there was no need for the accused to begin his case by stating his Cast – Jain, by stating the obvious, “WE ARE JAIN.”  I said, the hon’ble judge is wise enough to read everyone’s name himself, and similarly I also objected to Pramod Jain’s using  same caste based language to pinpoint my caste in court.  For the word (JAAT) was used in SLP 5169 (in Hon’ble Supreme Court) when my lawyer objected it and, his lawyers felt sorry.  I said, what point is Pramod Jain trying to make by this emphasis on his own caste (specially given that the judge is of the same caste as him).  I strongly opposed it and requested that such sentiments be not allowed of the accused in witness box.

Hon’ble MM (Sh. Ankur Jain) didn’t hear us for even ½ a minute and he reacted so angrily.  He said – “What do you think? I can transfer this case to other court (if you wish).”  I said, “No sir, we have full faith in the Judiciary.” But, without hearing us he started again: “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 the accused on basis of caste. She said nothing else.  So why is your majesty is so angry? My wife is in great shock and trauma.  She has lost her beloved daughter and sir, you well know the heart of a mother.  So please pardon her, she is not feeling good, especially now seeing all these 3 accused (laughing) in front of you and us.”  And so I sent my wife towards the door, and asked her not to say anything.

The Hon’ble MM did not hear us for even 1 minute,  to our plea to receive the key of the rented flat where my daughter lived with her husband, and was killed.   The judge clearly favoured the written requests that were presented by the lawyer of the accused party.  They said we were harassing them and should not be allowed to harass them.  And that they should be  allowed a lawyer till they are on remand.  There was no response to our request for the keys of Anshu’s flat in the IO made to hon’ble judge.

The judge just loudly shouted at us (my wife and me) : “I HAVE ENOUGH POWER TO SENT BOTH YOU TO THE JAIL.”  Ultimately the process of signing the surrender was started. The Hon’ble Judge was writing on the challans and other documents of the accused very hurriedly, and we had to leave court.

For your kind information: On the First Day on the occasion of Anticipatory Bail application of Anshu’s husband (Shivank Jain), the same hon’ble judge heard everything that the lawyer of the accused said.  He listened very patiently for hours – like the court had all the time to spare.  The judge even issued orders of enquiry, of searching medicines from the deceased’s flat, etc. etc.

The judge spent 2 days on the  husband’s bail application and accepted their all the requests. Being applicant No.1, I requested for my state lawyer who was not present for both those days.  The judge didn’t even hear my request to order IO about the enquiry into the Rs. 2 Lacs loan that my deceased daughter had applied for in City Financial, 6 day’s prior to her death or my request for enquiry into charges made on both her Credit Cards (Barclay and HSBC) from which the amount of Rs. 75,000 approx was withdrawn.   What I wanted to prove was that “What was the Need to Purchase from Anshu’s Credit Card, when just 6 weeks before, for her wedding, I had given everything to her that she needed to start her household and married life, and live happily,  and fulfilled.  I had even given her, on her husband’s father-in-law’s demand, a new car — a ZEN –ESTILO.

The Hon’ble judge, didn’t accept my requests for enquiries, but accepted  all the requests made by the lawyer of the accused.  Even during the husband’s bail hearing his lawyer had harped on the caste issue.  He had  addressed the judge and 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 our case on the mercy of State of Delhi, we took our own private lawyer.  One afternoon, he outside the court he was telling to us that the MM does  not have any power to grant and relief u/s 498A, 304B.  Our privately hired lawyer told us, “you don’t worry, I will see why the judge has been hearing the accused for the last 2 days.”  And that is how the husband’s  bail was eventually dismissed by my private lawyer.   But  somebody known to the accused, who spied on us, heard our lawyer.  He went and told the accused that our lawyer was saying that MM has no power to grant the relief in this section of heinous crime.

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

Please advise us WHAT TO DO?

GIRENDER SINGH

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3 Comments leave one →
  1. September 25, 2010 5:33 am

    We thank advocate Regina Nash for her generous advice and support for the Singh family.

  2. Malcolm Arnold permalink
    January 22, 2011 2:45 pm

    what were the late John Lennon’s words ” IMAGINE if there were no religeon too ”
    he never said anything about a belief of a higher force/whatever you want to call her .religeon is perhaps the most Well , I guess i will leave out my bad language ,. BUT where are the higher powers than this , obviously, biased person of the bench . It is understood by most that the law is an ass but it is all we have conjured up to protect the INNOCENT and punish the PROVEN GUILTY . this man ( Underline MAN ) is not only immoral but bigoted and has no regard for the law of his land which , supposedly he has sworn to uphold
    My heart bleeds for this father and mother

    • emery permalink
      January 30, 2012 10:27 pm

      Arnold you are right religion is defiantly part of the problem. these criminals use religion and purity to satisfy there greed and get away with it. actually its not much different from what the Taliban dose in Afghanistan. they use religion as an excuse to satisfy there greed for power. India is allegedly a modern country yet so often Indians do things that you would expect out of the Taliban. where dose this end?

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