rkumar said:
Tavathia Sahab,
If you read her post, she starts with a sub-heading of FACTS. One cannot call something facts unless one has been either the party involved or the one on the scene. There have been few posts on the subjects and there has been no meaningful general discussion, except making allegations. Most of the people, who initiated the post and used bad language, never show up again. I am always for meaningful debates on any subject. Let there be a debate on following points;
1. Does mere allegations and filing of a case against someone make him/ her culprit?
2. Should one be allowed to hold a public office if someone has filed a court case against him/ her?
3. Should one be allowed to travel abroad if there is a divorce case filed against him/ her?
4. Should one be issued a passport if there is a court cases pending against him/ her?
5. Should someone not be given a bail in dowry case and then not allowed to travel to attend his/ her work abroad?
I am very keen that members contribute to debate on all these above points.
Regards
Rajendra
Dear Rajendra Ji,
In my opinion by laying down few points of discussion is only going to narrow the vision of the people discussing the issue. Such things are done in a forum where is some one is conducting a discussion and has a say in channalizing it. I personally, feel that people should be able to express themselves, without using any unparliamentry language.
You have asked certain questions in your post. All are legal questions and thus will have definite answers. If the answer is definite then there is no discussion. All we can then discuss is the law governing these questions. Any way I will try and give my opinion on the questions raised, which may or may not conform to the law of the land, since this is a personal opinion.
1. Does mere allegations and filing of a case against someone make him/ her culprit?
Ans: Absolutely not for allegations are not the proof of offense. However, if some one is in a position where he/she can influence the investigations, or judgement, then probably holding such a position may become unethical in the absolute term. Since our political system is such where the person making allegations may not be held accountable for the loss to the state, quitting offices merely based on allegations may not be the right thing to do. However, if some allegations were made against leaders like Mayawati, Laloo Yadav or any one who is not from our community, I am positive many of us would have wanted them to resign from their positions, so that free and fair investigations can take place. Now specifically in Mr. Hooda's case, the allegations were made prior to him becoming the CM. Thus the public by an elarge feels that he is innocent which is right thing to do at the moment. Let us assume all innocent unless proved otherwise. The best thing Mr. Hooda can do is to assist investigating agencies to speed up the finalization of this case fairly.
2. Should one be allowed to hold a public office if someone has filed a court case against him/ her?
Ans: I have already answered this question along with the first question.
3. Should one be allowed to travel abroad if there is a divorce case filed against him/ her?
Ans: There is no harm for some one to travel abroad if a case of this nature is pending agains him/her, however, it must be ensured that person's travel abroad does not slow down the judicial process. Usually, if the case is of criminal nature, then may be court may issue order for person to stay inland.
4. Should one be issued a passport if there is a court cases pending against him/ her?
Ans: Again issue of passport may not be the material thing. However if person had no plans to go abroad, at the time of offense being committed or the date of allegations of an offense being committed and if the person is suddenly trying to obtain the passport and trying to go abroad, then off course it sounds grey. May be in that case passport should only be issued by ensuring either by some kind of bail/bond that the person would be available for investigations.
5. Should someone not be given a bail in dowry case and then not allowed to travel to attend his/ her work abroad?
Ans: I am of the opinion, that since the case is in the court, and we don't yet know whether the charges are merely allegations or actual offense, denying some one his / her work aborad or any where for that matter may be insjustice to him / her. However at the same time, it must be ensured that the person so involved is available for the investigations at the time and place decided by the investigating agency.
Well these are my personal views. I personally feel that the case in question can not be discussed in a question answer form. I have tried to do my best to answer these questions.
I would like to request members to post the information about the case if they have some thing available and the sources of their information to make their post meaningful. Merely by making allegations or snubbing some one would only be in bad taste.