Rahul Mehta Gandhinagar LsCandidate
pls ignore,. copy-paste , in case original is lost
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PLD.0036.DCJurySys -- District Court Jury System
FileHash = b3035ee77f7eba8c32785a2d97819a73f2f0a705
BitTorrentHash = 020fc292568ba0e079db12635218a9a23180b611
FileLink = https://fb.com/groups/ProposedLawDrafts/1718029511747712
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Dear all voters, citizens, PIO of India,
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This status post describes the proposed law-draft 'District Court Jury System' . Pls see text of the law-draft below.
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If you support this law-draft, then please send following SMS to MP via SMS
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"Dear MP , I order you to pass law-draft PLD.0036.DCJurySys ----- given at link = https://fb.com/ProposedLawDrafts/posts/627149734117669 , FileHash = b3035ee77f7eba8c32785a2d97819a73f2f0a705 , BitTorrentHash = 020fc292568ba0e079db12635218a9a23180b611 ---- in the Parliament and print it in central govt gazette. ".
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Please send SMS and NOT email. Please also post above message as your FB / twitter status. And pls give newspaper advt, pls contest election on this issue and pls vote for candidate who has worked to publicize this law, Pls like THIS status, pls share this status on your wall and pls take other steps mentioned in the first comment. To get links to first comment, pls see the pinned post of this FB page.
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What difference will your order to MP via SMS make? Well, difference will come when 45 core voters send order to MP via SMS. Now what difference will SMS from 45 crores voters of India to their MPs make? Where are ph# of MPs? All FAQs are answered in the first. To get link to the first comment of the post pls see description of this community
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( note --- this status is edited exactly once to put link to this status after creating this status. No other changes are made, For corrections to spelling etc errors, pls see the first comment. To locate the first comment , pls see link to the page's pinned post)
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MESSAGE TO MP
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Dear MP,
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If you got the link to this status via SMS , then it is an ORDER sent to you via your voter. The author of this status post has NOTHING to do with this order. The order is to print following law-draft in the Central Govt Gazette. Pls order PM to print this law-draft in the Central Govt Gazette. To get the link to the file and filehashes, pls see first 5 lines of this status post
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======= start of the law-draft ====
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PLD.0151.DCJurySys - Jury System in District and Tahsil courts for civil, criminal and all other cases
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[ Comments :
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(C.1.1) These comments are not part of the law-draft. They are only to provide information to the activists, voters and Jurors.
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(C.1.2) Summary - Once this law is printed by Parliament, the Lower Court cases will be decided by 15 to 1500 voters i.e. Jurors between the age of 25 years amd 55 years chosen at random from District / State / India. The judges will play only advisiory role. The lawyers and technical experts can also advise the Juriors. The final decision on facts and law will be taken by Jurors and Jurors. And one Jury of 15 to 1500 Jurors will decide only one case. And one voter who has served in a Jury cannot come again in Jury for next 10 years.
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(C.1.3) This law-draft refers to following proposed law-drafts -
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(a) TcpIndia
(b) TcpState
(c) TcpDistrict
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The hashes of above law-drafts is given in Appendix-I.
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(C.1.4) This law will need legislation in Parliament, but not a constitutional amendment. The activists and citizens should pass this law using TcpIndia.
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end of comments]
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section-1 : Right to Recall DJA = District Jury Administrator
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[comment : The voters \ activists familiar with RTR procedure code may skip reading this section in first reading]
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(1.1) [ general instruction ] The word citizen would mean a registered voter residing in the District. The word 'may' clearly means 'may or need not' and also clearly means 'not binding'. Approval filing will be open i.e. choices made by a voter will be visible to all with his voter-id and name on a designated website.
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(1.2) [ procedure for CM ] The CM will appoint an officer as DJA for each District.
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(1.3) [ procedure for DC = District Collector] If any citizen wishes to be DJA, he may appear in person or place an affidavit before DC. The DC is hereby ordered to accept his candidacy for DJA after taking fee same as deposit amount for MP election. DC will issue him a serial number.
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(1.4) [ procedure for Talati = Patwari = Village Officer or his clerk ] A citizen can come in person to Talati, pay Rs 3 fee and approve at most five persons for DJA position. The Clerk will enter his approvals in the computer and issue him a receipt with his voter-id#, date/time and the persons he approved.
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(1.5) [ procedure for Talati ] The Talati will put the preferences of the citizens on PM's website with citizen's voter-ID number and his preferences. i.e. Approval filing will be open.
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(1.6) [ procedure for Talati ] If a citizen comes to cancel his Approvals, the Talati will cancel one or more of his approvals without any fee.
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(1.7) [ procedure for DC ] On every Monday, DC will publish approval counts for each DJA candidate.
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(1.8) [ procedure for CM ] If a DJA candidate gets approval of over 50% of ALL registered citizen-voters (ALL, not just those who have filed their approval) in District, and is 2% more than existing DJA, then CM may not expel the existing DJA and appoint the person with highest approval count as DJA.
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(1.9) [ procedure for CM] If DJA's approval is below 33% of all voters, then CM may replace DJA with his appointee. But as long as approval is above 33%, CM need not replace him with his appointee. Discretion of CM will be final.
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(1.10) [ procedure for CM ] With approval of over 51% of ALL citizen voters in that State, CM can suspend all above clauses and appoint his own DJA for 5 years in one or more districts. CM may change DJA anytime during these 5 years.
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(1.11)[ procedure for PM ] With approval of over 51% of ALL citizen voters in India, PM can suspend all above cluases for any districts in India and appoint DJA for 5 years in those districts. PM may change DJA anytime during these 5 years.
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section-2 : Formation of District Grand Jury
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(2.1) [ procedure for DJA ] Formation of First Grand Jury - Using the voter list, DJA will, in a public meeting, randomly select 50 citizens from the voter-list between age of 25 years and 55 years. From that, he can exclude any 20 after interview, so that finally there are 30 Grand Jurors. If DJA is appointed by CM or PM under last 2 caluses of section-1, then DJA may select up to 100 citizens from District / State / India and exclude 70.
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(2.2) [ procedure for DJA ] Formation of subsequent Grand Juries - In the first set of Grand Jurors, DJA will retire the first 10 Grand Jurors every 10 days. And after first month, term of each Grand Juror will be 3 months, and thus 10 Grand Jurors will retire every month and 10 more will be selected. For selection of 10 Grand Jurors, DJA will select 20 voters at random from voter list of District or State or India, as in clause above, and select any 10 after interview.
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(2.3) [ procedure for DJA ] Method to select voters at random -
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(2.3.a) The DJA will not use any electronic device to select a number randomly. He will use the procedure detailed by CM or PM. If CM or PM have not specified the procedure, he will select as follow.
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(2.3.b) Say DJA has to choose a number between 1 and a four digit number say ABCD. Then DJA will do 4 rounds of dice-throw for each digit. In a round if the digit he needs to select is between 0-5, then DJA will use only 1 dice and if the digit he needs to select is between 0-9, he will use 2 dices.
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(2.3.c) The number selected will be 1 less than the number which comes in case of single-dice throw and 2 less in case of double-dice throw. If throw of dices exceeds the highest digit he needs, he will throw the dices again.
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(2.3.d) Example - Suppose DJA needs to select a page in a book, which has 3693 pages. Then DJA will execute 4 rounds. In the 1st round he will use 1 dice as he needs to select a number between 0-3. If the dice shows 5 or 6, he will throw the dice again. If the dice show 3, the number selected is 3-1=2. And DJA will proceed to second round. In the second round, he needs to select a number between 0-6. So he will throw two dices. If the sum exceeds 8, he will throw the dices again. If the sum is suppose 6, the second digit selected is 6 - 2 = 4. Like that, suppose the dices in 4 rounds show 3, 5, 10 and 2. Then DJA will select digits as (3 - 1), (5 - 2), (10 - 2), (2 - 1) i.e. page number 2381. The DJA should use different citizens to throw dices. Suppose the voter-list has B books, the largest book has P pages and all pages have N entries. Then using above method or method described by CM, DJA will select 3 random numbers between (1 to B), (1 to P) and (1 to N). Now suppose selected book has less than that many pages or the selected page has fewer entries. Then he will again select a numbers between (1 to B), (1 to P) and (1 to N).
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(2.3.e) Another method can be - DJA can prepare list of all voters, and select two large prime numbers at random. Say there are N voters. Then DJA can select two prime numbers between N/2 and 2N say n and m. And the voters seelected can be (n mod N), (n + m) mod N, (n + 2m) mod N to (n + (k-1)*m) mod N, where k is number of persons to be selected.
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(2.3.f) DJA or PM or CM will decide the procedure code to select Jurors.
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(2.3.g) If DJA is appointed by CM or PM , then he may select voters from whole State or India. The age will be between 25 years and 55 years.
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(2.4) [ procedure for DJA ] The Grand Jurors will meet on every Saturday and Sunday. They may meet on more days if over 15 Grand Jurors approve. The number must be over 15, even when less than 30 Grand Jurors are present. The meetings, if happen, must start at 11am and last till at least 5pm. The Grand Juror will get Rs. 500 per day he attends. The CM , PM may change the compensation as per inflation or other conditions such as travel distance. The money will be give 60 days after his term ends.
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(2.5) [ procedure for DJA ] If a Grand Juror is absent on a meeting, he will not his daily payment. And may loose up to thrice his amount to be paid and maximum fine of 0.05% of his wealth and 1% of his annual income may be imposed. The individuals who are Grand Jurors 30 days later will decide the fine.
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section-3 : Making accusation against a person or a company or a govt body or any entity
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(3.1) [ procedure for DJA ] If any person or company or District Prosecutor or any entity, has complaint against any other person or entity, then he can write to some or all Grand Jurors or ask Grand Jurors to give hearing. The complainer must specify the remedy he wishes. The remedy can be obtaining possession of a property or obtaining monetary compensation from the accused or imprisoning the accused for certain number of years/months or his execution or any other remedy available in law.
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(3.2) [ procedure for DJA ] If over 15 Grand Jurors, in a meeting, issue an invitation to a witness or complainer or accused, then that person may appear. The Grand Jurors may or need not invite the accused or complainer. They may allow lawyers and experts to speak or not to speak.
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(3.3) [ procedure for DJA ] If over 15 Grand Jurors declare that there is some merit in the complaint, then the DJA will call a Jury consisting of 15 to 1500 citizens, between the age of 25 years and 55 years, to examine the complaint. And if less that 15 Grand Jurors see merit in the complain, then the complain will be dismissed
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(3.4) [ procedure for Grand Jurors ] if majority Grand Jurors think that the complaint is absolutely frivilous then they may impose a fine of upto Rs 1000 per hour they spent in deliberation and no more. Each Grand Juror will decclare a fine, and the median fine will be imposed and excecuted by DJA. The Jurors will also decide how much of that fine should be given to wrongfully accused as compensation. The accused may file a seperate case to recover additional compensation for damages such as loss of time and other damages he suffered.
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section-4 : Deciding number of Jurors in Jury and Jury slection
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(4.1) [procedure for Grand Jurors and DJA] Deciding number of Jurors for a case - Each Grand Juror will propose the number of Jurors needed for the case, and DJA will take the median as the decision. In case number of Grand Jurors are even, then DJA will take the higher median. Each Juror will propose a number between 15 and 1500. The guideline for Grand Jurors are -
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(4.1.a) if the accused has higher economic or social or political standing, then the number of Jurors may be higher.
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(4.1.b) if the crime is serious, the number of Jurors should be higher. eg if crime is theft of say Rs 10000, then number of Jurors may be 15. And if the alleged crime is murder, then number of Jurors may be 50 or 100 or more.
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(4.1.c) if the person is accused of multiple crimes in past, and Grand Jurors see merit in most complaints, then they may put higher number of Jurors. eg if a person appears as career criminal and has been accused for several beatings or murders in past, then number of Jurors against him can be 100 or even 1500.
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(4.1.d) if amount involved is large, then number of Jurors may be more. Number should be 15 at least. And 1 more Juror for every Rs 1 crore may be added. The maximum can be 1500 Jurors.
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(4.1.e) The decision of Grand Jurors on number of Jurors will be final.
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(4.1.f) The Grand Jurors will decide whether the Jurors will be from District , State or India.
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(4.2) [procedure for DJA ] Jury slection - The DJA will randomly select number of citizens equal to twice the number of Jurors required from the voter lists. Then DJA will then send them summors to appear. And of those who arrive, DJA will excuse the Jurors who are relatives or neighbors or colleagues of either party or their lawyers. And he will also excuse Jurors who have served in the District in past 10 years. Then DJA will select required number of Jurors at random, not using any interview. The decision on excusing will be taken by DJA and can be changed only by majority of Grand Jurors.
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(4.3) [ procedure for DJA ] DJA will ask CDJ = Chief District Judge to appoint one or at most 3 Judges to advise the Jurors and administer the case. If the property in dispute is worth above Rs 1 crore or compensation claim is above Rs 10 lakhs or the maximum prison sentence applicable is above 24 months, then DJA will request Chief Judge to appoint 3 judges. The Chief Judge's decision will be final.
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section-5 : Conducting trial hearings
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(5.1) [ procedure for Presiding Judge ] The trial will go from 11am to 5pm. The trial will start only after majority of the Jurors selected (not just present) vote for hearing to start. In all clauses, the majority means majority of Jurors selcted, not just present.
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(5.2) [ procedure for Presiding Judge ] The Judge will allow the complainer to speak for 1 hour, during which no can interrupt. Then Judge will allow the accused to speak for 1 hour and 30 minutes during which no one can interrupt. Like this, the Judge will alternate the speakers. The lunch break will start between 1 pm and 2pm and will be for 1 hour. The case will go on like this on every day. The Jurors with majority vote can change the duration for which one may speak.
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(5.3) [ procedure for Presiding Judge ] The case will go for at least 2 days. On the 3rd day or later, if majority Jurors declare that they have heard enough, then the hearings will go on for 1 more day. If on the next day, majority Jurors declare that they would like to hear more arguments, then the case will go on till majority Jurors say that case should end.
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(5.4) [ procedure for Presiding Judge ] On the last day, after both parties have presented the case for 1 hour each, the Jurors will deliberate for at least 2 hours. If after 2 hours, majority Jurors say that they need no more deliberation, then the Judge will ask each Juror to publicly declare his verdict.
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(5.5) [ procedure for Presiding Judge ] In case of fine, each Juror will state the fine he thinks is appropriate, and must be less than the legal limit. If it is higher than legal limit, then the Judge must take it as legal limit. The Judge will arrange the fine amounts stated in decreasing order, i.e. highest first and lowest last. And the Judge will take the fine approved by over 2/3rd majority. eg if there are 100 Jurors, then 67th fine amount in decreasing order will be taken as the fine collectively imposed by the Jury. So if 34 out of 100 Jurors have declared zero fine, then fine will be zero.
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(5.6) [ procedure for Presiding Judge ] In case of prison sentence, the Judge will arrange the imprisonment lengths cited by Jurors in decreasing order i.e. highest first and lowest last. If sentence length is higher than legal limit then maximum sentence as stated in the Law will be taken. And the Judge will take prinson senetnce approved by over 2/3rd of Jurors as prison sentence collectively decided by the Jury. So if 1/3rd Jurors have declared zero months of prison, then and then only accused will be declared not guilty and set free. eg if there are 100 Jurors, then 67th imprisonment length in decreasing order will be taken as the imprisonment. So if 34 Jurors say zero months, then punishment will be zero months.
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(5.7) [ procedure for Presiding Judge ] In case of any other remedy asked, the Jurors will ask both parties to submit at most 5 proposals. Each Juror will give marks from 0 to 100 to each proposal. Not giving any marks would mean 0. The proposal with highest total marks would be taken as proposal approved by the Jurors.
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(5.8) [ procedure for DJA ] DJA will give same compensation to Jurors as Grand Jurors
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(5.9) [ procedure for Grand Jurors ] Fining a Juror for being absent or late - in case a Juror or a party does not show up or shows up late, the Grand Jurors after 3 months will decide the fine, which can be upto 1% of his wealth, or 10% of his annual income. The Grand Jurors decision will be final.
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(5.10) [procedure for Jurors] If over 50% of Jurors think that complain was friviolous, then each Juror may impose a fine of Rs 300 per day per Juror and no more. Each Juror will disclose a fine, and fine approved by majority will be collected by DJA. Of this, accused will get amount equal to number of days he spent multiplied by his daily income in past income tax return. If the accused wants more compensation, then he may file a separate complain.
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(5.11) [ instruction to all ] In complex cases, each party or DJA or judge may request any technical / legal expert to explains facts and law to the Jurors.
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(5.12) [ procedure for DJA] DJA can create a Grand Jury at tahsil level and also run Jury Trial in tahsil courts, if that District has tahsil Courts. The Tahsil Court Grand Jury and Tahsil Court Jury will hear the cases that fall within them. DJA will appoint a TJA = Tahsil Jury administrator for Tahsil Courts. And operations will run in same way as decsribed in above clauses.
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section-6 : The appeal and execution
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(6.1) [ procedure for Accused, Complainer ] Either party will have 30 days to appeal against the verdict in the State's High Court or the Supreme Court of India. The verdict of Higher Court's Jurors will prevail over verdict of District Court Jury.
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(6.2) [ procedure for DCPJ = District Court Principal Judge ] If citizens of district or state or India order District Principal Judge to cancel the verdict of District Court Jury using TcpDistrict or TcpState or TcpIndia, then DPCJ will cancel the verdict of Jury.
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(6.3) [ procedure for DPC = District Police Chief ] The District Police Chief or policemen designated by him will execute the fine or imprisonments as written by the Judge and approved by the Jurors.
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section-7 : Protection of Fundamental Rights of the Citizens
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(7.1) [ procedure for All Govt Employees] No Govt employee will impose any fine or prison sentence without consent of over 2/3rd of Jurors of the Lower Courts, unless approved by the Jurors of High Courts or the Jurors or Supreme Court or majority voters of District / State / India. No Govt employee will imprison any citizen for more than 48 hours without approval of over 2/3rd of the Jurors or 50% of the Grand Jurors or majority voters of District / State / India using TcpDistrict / TcpState / TcpIndia
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(7.2) [ instruction to everyone ] The Jurors will decide the facts as well as intensions, and must also interpret the laws as well the Constitution, and natural justice. If Jurors think that the law is unjust or inapplicable, then the Jurors can give not guilty verdict even against the law.
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section-8 : Temporary suspension of District Jury System by voters of State or India
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(8.1) [ procedure for CM] With approval of 51% voters in the State, CM can suspend District Court Jury System in a District for 5 years, and run all trials in that District in any other Districts he decides.
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(8.2) [ procedure for PM] With approval of 51% voters in India, the PM can suspend District Court Jury System in a State or any District for 5 years, and run all trials in that State/District in any other Districts in any State/District he decides.
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section-CV : Citizen's Voice
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[ comment - this CV section is as similar to TcpIndia. An activist familaira with TcpIndia may skip this section].
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(CV.1) [ procedure for DC ] If a citizen wants to propose any change in this law, then the citizen can submit an affidavit demanding the change to DC or his clerk who must post it on the website of Prime Minister for a fee of Rs 20 per page.
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(CV.2) [ procedure for Talati = Patwari ] If a citizen wants to register his opposition to this law or any clause of this law or wants to register any support to affidavit filed in the above clause, then he may register his YES/No for a Rs 3 fee at Patwari's office. The Patwari will note the citizen's YES/NO and will also post the citizen's YES/NO on PM's website.
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Appendix-I
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Fullnames and hashes of the proposed law-drafts refered here :
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(a) TcpIndia
Fullname = PLD.007.TcpIndia
FileHash = 03d83b97a1180fe88cc15bd6fd9771c1b3a551d8
BitTorrentHash = e65f846014a5c823dc521392bbf57b97fcf20dcb
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(b) TcpState
Fullname = PLD.0008.TcpState
FileHash = 5968637e9ca3ea225a258091b8626f04e23ed3bb
BitTorrentHash = 76081eb332e78fcabe6632a68090a669767b417f
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(c) TcpDistrict
Fullname = PLD.0009.TcpDistrict
FileHash = e05cc553e86ccfa4beebedf5632bd91881b45066
BitTorrentHash = 7701c398d72393f726cd6f1462f79b1ea6b28096
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===== end of law-draft