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Mera Bharat Mahaan

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Lalit

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Got this message in my Inbox. Worth reading, wondering and pondering! Quo Vadis India?

Dear All,
Please go through the following summary of a case which would not only convince you
that truth is stranger than fiction but you would struggle to convince yourselves that
anything like this can ever happen even as exception.
Year- 1984, Place- UP,Defendant- A postman v/s Govt.Facts-- The postman in question
returned the money of undelivered money order amounting to Rs.557.60.The post-master busy in routine asked him to leave the form and amount .This was
done by Postman in good faith.After two months,the postmaster filed a complaint of misappropriation of Rs.57.60 allegedly received less by him out of total of Rs.557.60.The police arrested the postman who was released on bail but was suspended.Then ensued a long struggle the poor man would not have anticipated even in his dream.
Further details of trials,tribulations and unbearable sufferings of postman-- Forced to
shift to his village and barely sustain himself on small landholding with wife supporting
him with working at others houses for household chores.Lost two children,out of four,
due to dire poverty.Had to sell his land for supporting his family and meet wedding expenses of his daughter.
Pursue the details of trial which will shake you to the core and make you go numb.
Trial started in 1984.300 hearings took place.250 adjournments.For 23 years,neither
the complainant nor two witnesses ( of course trumped up) turned up to depose..Surprisingly,no action either by the judiciary or police was taken against them.But when the defendant out of sheer exasperation based on his past numerous futile rounds to the Court did not attend,he was arrested.The postmaster died in 2013.The grown-up son at last desperately managed to catch
hold of a lawyer with a humane heart who ultimately succeeded in getting the case dismissed in 2013 for want of evidence (time taken an astounding 29 years)The defendant had not only achieved his super annuation by this time but had gone into deep depression unable to cope up with accumulated stress and strain of long long struggle.
Let us examine the role of all involved in this shameless episode.
Police- Never properly investigated an apparently foisted case.Displayed an unforgivable and criminal dereliction of duty in not producing the witnesses for 23 long years and what is worse,arresting the helpless defendant when he absented totally frustrated by the attitude of administration.An absolutely irresponsible handling of case.
Judiciary-- Behaved in the most unprofessional and unethical manner by dragging the
insignificant case for 29 years by giving unjustified 250 adjournments.,totally failed to appreciate
the triviality of charge.Utter failure even to appreciate that case was lodged two months
after the alleged incident.Did not try to seek answer as to why would one steal just Rs.57.60,a clear indication that something was fishy.Never pulled up police for shoddy investigation.Did not take
any steps against complainant etc, despite their failure to present themselves for 23 years.It did not apply itself at all,not even once,and displayed total moral and intellectual bankruptcy.Lawyer- It appears never made a concerted effort for swift conclusion of trial and lived off the fees of defenseless postman for years.He had earlier trapped him by saying that since the plaintiff is govt.,a government pleader given by the Court will go against his interests.If you pursue every detail of this case minutely,your heart will cry out for that postman and in all probability a few tears may roll down your cheeks in utter sympathy for one who lived,nay wasted,his entire life in misery and penury only because he ran into an administration totally callous,indifferent,heartless,devoid of any human value and consideration for human grace and dignity.In BR Chopra's Kanoon ,Nana Palshikar who was wrongly convicted for murder and later released when true facts came to light asks the Judge,
Judge Sahib,you have released me but who will return the precious years I spent in jail,
the ignominy I and my family suffered for no fault of ours,the years I lost which I would have spent with my wife and growing children.Can your law return the same ?It is said that law is an ass and blind.In the case of postman.all the judges handling the case all those years appear to have imbibed these vices.
What is worse,there was no accountability for all grossly guilty.Nobody except postman
spent sleepiness nights.The son is planning to claim compensation for all the benefits his father lost on account of trial.Let us collectively pray he is at last given justice by
some fast track court.Hope we have at least one exception (like this case!!) among our
politicians to see this trough using his good (generally bad) office.
I am sure large number of litigants are more or less suffering the same fate of postman
but the things as they are ,who would come to their rescue?
I knew the case but after showing its depiction in Crime Patrol (Sony),I have been able to
give its perfect presentation and deep lying tragedy behind it.
Profuse apologies for long E-Mail but did not wish to miss a single point.
Those who chant Mera Bharat Mahan day and night needs to track all such events and
agitate and work to wake up all layers of our gigantic administrative machinery (rather shake up) from deep slumber in.
I would look forward to your comments on this episode.
 
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