September 17, 2015 No.2
https://www.facebook.com/mehtarahulc/posts/10153041848201922
How Jury system "cancels" laws "majority" disapproves --- something that even "honest" lower court judges cant deliver .
.
More often than sometimes, far more damage can come from "wrong" laws than "wrong" actions of individual persons --- be private citizens or govt officers. But what is "wrong" law is subjective. So I will not use word "right" or "wrong".
,
But Jury System is effective in rapid cancellation of law-drafts that majority opposes. This is something lower court judges cant do. And there is no guarantee that High / Supreme court judges would do.
.
There are 100s of examples of Juries "cancelling" laws.that majority was opposed to. Such laws, when law-makers are elected, come because law-maker often get elected on issue-A and make laws on issue-B to issue-Z. And their superficial stand on issue-A may be in synch with imagination of majority, but their actual legal stand on issue-B to issue-Z can be completely against majority. Next, it may be that majority is unable to find even a party whose law-makers will agree with majority !! Thats because running a political party requires favor from elitemen.
.
Here are some examples where Jurors cancelled laws that majority had opposed
.
1. https://en.wikipedia.org/wiki/Bushel%27s_Case ---- UK's MPs passed a law that all Christian sects except Church of England cant conduct prayers in public !!! The ordinary citizens were sick of such laws. The Juries refused to implement it. And so law got de-facto cancelled
.
2. England MPs printed a law-draft that those who forge a cheque will be executed. The jurors saw punishment as too harsh and to oppose the law, they started acquitting cheque forgerers. So MPs printed new law-draft in which punishment was reduced to 3 years in prison.
.
3. Slavery ---- In USA, the Federal MPs printed law-draft that if a slave from a State-A where Slavery is legal, escapes to State-B where Slavery is illegal, then policemen / court of State-B will arrest the slave and hand it over to State-B, The Jurors in State-B refused to implement the law-draft and were OPENLY declaring slaves as freemen against the facts. And so a large number of slaves started to escape from states where slavery was legal to states where slavery was illegal. And this weakened the slavery in all states across USA.
.
4. legalization of Marijuana : Several states in USA are legalizing marijuana ONLY because Jurors refused to punish them.
.
Please google on "Jury Nullification" for more. Jury Nullification means --- cases where Jurors refuse to give judgement as per law, because they dont "like" the law.
.
In India, several laws, which are against the wish of majority have gone on and on, because of absence of Jury System. eg consider law-draft called as IPC 498A aka "Dahejwala Kanoon" which says that husband and/or in-laws can br imprisoned merely on wife's complain of dowry harassment. Lakhs of innocent have suffered imprisonment for years due to this one sided law. This happend ONLY because India doenst have Jury System to void such law-drafts.
.
Likewise, a large number of "wrong" laws prevail in India, only because India doesnt have Jury System.
.
So will Jury System eliminate all "wrong" laws? Well, Jury System will ONLY eliminate law-drafts that majority finds unacceptable. Now there are many who say that "majority of Indians are fools" and so forth. And I dont want to address their "takleef".
.
===
.
Can judges cancel the law-drafts that majority doesnt like?
.
The Lower Court judges dont have power to give judgements against law. To get law cancelled, one has to approach High Court judge, which is expensive,. And High Court judges too cancel only those law-drafts which they dont like. They dont necessary bother about whether majority approves this law-draft or not. Also, if there are 1000s of small victims of a law-draft that majority disapproves, and none is capable to reach High Court , then that case against that law-draft will never reach High Court.
.
Further, verdict of high court judge can be cancelled by Supreme Court judges. So even if a High Court judge cancels a law-draft, if Supreme Court judge supports that law-draft, then he can cancel the judgement of High Court judge. So finally, all powers go in the hands of Supreme judges. Most Supreme judges are corrupt, casteist, nepotic and are anti-majority pro-elitemen. So if a law is against interest of majority, but favors Indian or Foreign elitemen, then Supreme judges are likely to uphold it.
.
======
.
So all in all, JurySys procedures helps in getting law-drafts , that majority disapproves, cancelled
.
In India, SoMoKe have opposed Jury System. All CoBhAp-leaders also opose JurySys. Each and every SoMoKe-andhbhagat has also opposed Jury System, because SoMoKe have opposed Jury System, All CoBhAp-members are against JurySys.
.
Only we at Right to Recall group are trying to bring JurySys in India.
.
If you support JurySys , then please see the law-draft at this link athttps://www.facebook.com/mehtarahulc/posts/10152258909086922 And if you like the JurySys law-draft then pls send this link to MP via SMS. And pls follow instructions in "303.016 : If 43 crore citizens order MPs via SMS to print a law, then that will force the MPs / PM to print that law. WHY? HOW?" at https://www.facebook.com/notes/10151190606916922 .
.
If crores or voters support JurySys , then SoMoKe will try to hijack campaign for Jury System, and will try to create a France like weak Jury System or even weaker than that, Jury System in India. So activists should focus on DRAFT to ensure that India gets a strong Jury System.
https://www.facebook.com/mehtarahulc/posts/10153041848201922
How Jury system "cancels" laws "majority" disapproves --- something that even "honest" lower court judges cant deliver .
.
More often than sometimes, far more damage can come from "wrong" laws than "wrong" actions of individual persons --- be private citizens or govt officers. But what is "wrong" law is subjective. So I will not use word "right" or "wrong".
,
But Jury System is effective in rapid cancellation of law-drafts that majority opposes. This is something lower court judges cant do. And there is no guarantee that High / Supreme court judges would do.
.
There are 100s of examples of Juries "cancelling" laws.that majority was opposed to. Such laws, when law-makers are elected, come because law-maker often get elected on issue-A and make laws on issue-B to issue-Z. And their superficial stand on issue-A may be in synch with imagination of majority, but their actual legal stand on issue-B to issue-Z can be completely against majority. Next, it may be that majority is unable to find even a party whose law-makers will agree with majority !! Thats because running a political party requires favor from elitemen.
.
Here are some examples where Jurors cancelled laws that majority had opposed
.
1. https://en.wikipedia.org/wiki/Bushel%27s_Case ---- UK's MPs passed a law that all Christian sects except Church of England cant conduct prayers in public !!! The ordinary citizens were sick of such laws. The Juries refused to implement it. And so law got de-facto cancelled
.
2. England MPs printed a law-draft that those who forge a cheque will be executed. The jurors saw punishment as too harsh and to oppose the law, they started acquitting cheque forgerers. So MPs printed new law-draft in which punishment was reduced to 3 years in prison.
.
3. Slavery ---- In USA, the Federal MPs printed law-draft that if a slave from a State-A where Slavery is legal, escapes to State-B where Slavery is illegal, then policemen / court of State-B will arrest the slave and hand it over to State-B, The Jurors in State-B refused to implement the law-draft and were OPENLY declaring slaves as freemen against the facts. And so a large number of slaves started to escape from states where slavery was legal to states where slavery was illegal. And this weakened the slavery in all states across USA.
.
4. legalization of Marijuana : Several states in USA are legalizing marijuana ONLY because Jurors refused to punish them.
.
Please google on "Jury Nullification" for more. Jury Nullification means --- cases where Jurors refuse to give judgement as per law, because they dont "like" the law.
.
In India, several laws, which are against the wish of majority have gone on and on, because of absence of Jury System. eg consider law-draft called as IPC 498A aka "Dahejwala Kanoon" which says that husband and/or in-laws can br imprisoned merely on wife's complain of dowry harassment. Lakhs of innocent have suffered imprisonment for years due to this one sided law. This happend ONLY because India doenst have Jury System to void such law-drafts.
.
Likewise, a large number of "wrong" laws prevail in India, only because India doesnt have Jury System.
.
So will Jury System eliminate all "wrong" laws? Well, Jury System will ONLY eliminate law-drafts that majority finds unacceptable. Now there are many who say that "majority of Indians are fools" and so forth. And I dont want to address their "takleef".
.
===
.
Can judges cancel the law-drafts that majority doesnt like?
.
The Lower Court judges dont have power to give judgements against law. To get law cancelled, one has to approach High Court judge, which is expensive,. And High Court judges too cancel only those law-drafts which they dont like. They dont necessary bother about whether majority approves this law-draft or not. Also, if there are 1000s of small victims of a law-draft that majority disapproves, and none is capable to reach High Court , then that case against that law-draft will never reach High Court.
.
Further, verdict of high court judge can be cancelled by Supreme Court judges. So even if a High Court judge cancels a law-draft, if Supreme Court judge supports that law-draft, then he can cancel the judgement of High Court judge. So finally, all powers go in the hands of Supreme judges. Most Supreme judges are corrupt, casteist, nepotic and are anti-majority pro-elitemen. So if a law is against interest of majority, but favors Indian or Foreign elitemen, then Supreme judges are likely to uphold it.
.
======
.
So all in all, JurySys procedures helps in getting law-drafts , that majority disapproves, cancelled
.
In India, SoMoKe have opposed Jury System. All CoBhAp-leaders also opose JurySys. Each and every SoMoKe-andhbhagat has also opposed Jury System, because SoMoKe have opposed Jury System, All CoBhAp-members are against JurySys.
.
Only we at Right to Recall group are trying to bring JurySys in India.
.
If you support JurySys , then please see the law-draft at this link athttps://www.facebook.com/mehtarahulc/posts/10152258909086922 And if you like the JurySys law-draft then pls send this link to MP via SMS. And pls follow instructions in "303.016 : If 43 crore citizens order MPs via SMS to print a law, then that will force the MPs / PM to print that law. WHY? HOW?" at https://www.facebook.com/notes/10151190606916922 .
.
If crores or voters support JurySys , then SoMoKe will try to hijack campaign for Jury System, and will try to create a France like weak Jury System or even weaker than that, Jury System in India. So activists should focus on DRAFT to ensure that India gets a strong Jury System.
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