Rahul Mehta Gandhinagar LsCandidate

pls ignore , copy-paste, in case original status is lost
.
PLD.0153.SCJurySys --- Supreme Court Jury System
FileName = PLD.0152.SCJurySys.txt
FileHash = 8622b4cd6a45bf6c1d797553711e0c123592b16d
BitTorrentHash = 6340d367f00ab94ff9951ba693f9721301bfe561
FileLink = https://fb.com/groups/ProposedLawDrafts/1718111675072829/
.
Dear all voters, citizens, PIO of India,
.
This status post describes the proposed law-draft -- PLD.0153.SCJurySys .
.
If you support this law-draft, then please send following SMS to MP via SMS
.
" Dear MP , I order you to print law-draft PLD.0153.SCJurySys ----- given at link = https://fb.com/ProposedLawDrafts/posts/627323934100249 , filehash = 8622b4cd6a45bf6c1d797553711e0c123592b16d , bittorrenthash = 6340d367f00ab94ff9951ba693f9721301bfe561 ---- in the Central Govt Gazette ".
.
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.
.
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
.
( 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)
.
================
.
MESSAGE TO MP
---------------------------
.
Dear MP,
.
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
.
======= start of the law-draft ====
.
PLD.0153.SCJurySys - Law draft to bring Jury System in all cases in Supreme Court of India
.
[ comments :
.
(C.1.1) These comments are not part of the law-draft. They are only to provide information to the activists, voters and Jurors.
.
(C.1.2) Summary - once this law is passed in Parliament, the judge system in Supreme Court for ALL cases in India will end. All judgments in Supreme Court will be given by 3 to 5 High Courts chosen at random OR by 15 to 1500 voters chosen at random from all over India. The judges will play only advisory role. The final decision will be taken by the Jurors. And one Jury will decide only one case. And one voter who has served in a Jury cannot come again in Jury for next 10 years.
.
(C.1.3) This law-draft refers to following proposed law-drafts :
.
(a) DCJurySys
(b) TcpIndia
.
Knowing all these drafts is necessary to understand this law-draft. The hashes of above law-drafts is given at the end in Appendix-I.
.
(C.1.4) This law-draft needs legislation in Parliament. No constitutional amendment is needed. And activists should try to get this law using TcpIndia.
.
end of comments]
.
section-1 : Registering citizens' approvals for NJA = National Jury Administrator candidates
.
[ comment - section-1 is similar to section-1 of DCJurySys, at national level. An activist may skip this in first reading.]
.
(1.1) [ general instruction ] The word citizen would mean a registered voter residing in the India. 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.
.
(1.2) [ procedure for PM ] PM would appoint an officer called as NJA = National Jury Administrator.
.
(1.3) [ procedure for DC = District Collector] If any citizen wishes to be NJA, he may appear in person or place an affidavit before DC. The DC is hereby ordered to accept his candidacy for NJA after taking fee same as deposit amount for MP election. DC will issue him a serial number.
.
(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 JA 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.
.
(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.
.
(1.6) [ procedure for Talati ] If a citizen comes to cancel his Approvals, then Talati will cancel one or more of his approvals without any fee.
.
(1.7) [ procedure for DC ] On every Monday, DC may publish approval counts for each NJA candidate.
.
(1.8) [ procedure for PM ] If a NJA candidate gets approval of over 45 crore voters in India and is 1 crore more than approval count of existing NJA, then PM may expel the existing NJA and appoint the person with highest approval count as new NJA.
.
(1.9) [ procedure for PM] If NJA's approval is below 25 crore voters, then PM may or need not replace NJA with his appointee. But as long as approval is above 33%, PM need not replace him with his appointee. Discretion of PM will be final.
.
section-2 : Formation of National Grand Jury
.
(2.1) [ procedure for NJA ] Formation of First Grand Jury - Using the India's voter list, NJA will, in a public meeting, randomly select 80 citizens between age of 35 years and 55 years from the voter-list. From that, of the first 60 who come to National Capital, he can exclude any 30 after interview, so that finally there are 30 National Grand Jurors.
.
(2.2) [ procedure for NJA ] Formation of subsequent Grand Juries - In the first set of Grand Jurors, NJA 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 new 10 Grand Jurors, NJA will select 50 citizens at random from voter list and from first 20 who arrive, select any 10 after interview.
.
(2.3) [ procedure for NJA ] Random selection method - NJA will use method given in DCJurySys law-draft or method approved by PM or citizens using TcpIndia.
.
(2.4) [ procedure for NJA ] The National Grand Jurors will meet every day except Supreme Court Holidays. The meetings will be from 10 am to 5pm. The National Grand Juror will get Rs. 2000 per day he attends. The PM may change the compensation as per inflation or other conditions. The money will be given 60 days after his term ends. In addition, National Grand Jurors will get stay in Govt owned guest house with spouse and children, and will get flight fare to his home every weekend.
.
(2.5) [ procedure for NJA ] If a Grand Juror is absent in a meeting, he will not get his daily payment. And may loose up to thrice the daily amount to be paid and maximum fine of 0.01% 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.
.
section-3 : Accusing a person or a company or any entity
.
(3.1) [ procedure for NJA ] If any person or company or National Prosecutor or any entity, has complaint against any other person or entity, then he can write to all or some Grand Jurors. 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.
.
(3.2) [ procedure for NJA ] 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 lawyer to speak or not to speak.
.
(3.3) [ procedure for NJA ] If less that 15 Grand Jurors see merit in the complain, then the complain will be dismissed. If over 15 Grand Jurors declare that there is some merit in the complaint, then NJA will ask each Grand Juror whether to call (a) a Jury consisting of 15 to 1500 randomly chosen citizens between age of 35 years and 55 years across all States of India OR (b) select 3 to 5 States at random and send case to their High Court Juries. And based on majority decision, NJA will execute (a) or (b)
.
(3.4) [ procedure for National Grand Jurors ] if Grand Jurors think that the complaint is absolutely frivilous then they may impose a fine of upto Rs 10000 per hour they spent in deliberation and no more. Each Grand Juror will decclare a fine, and the fine approved by majority will be imposed and excecuted by NJA. 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.
.
section-4 : Starting trial against accused
.
(4.1) [ procedure for Grand Jurors] if over 50% Grand Jurors think that trial by three or five State High Courts will suffice and trial by National Jury isnt needed, then the State Grand Jurors can ask NJA to send the case to three or five State Courts chosen at random. And in that case, the majority verdict will be taken as verdict of Supreme Court of India. The States chosen should not be neigboring, so that States are scattred across India.
.
(4.2) If National Grand Jurors opt for trial by National Grand Jury, then NJA and Grand Jurors will use the following clauses in this section.
.
(4.3) National Grand Jurors may decide number of Jurors that District Courts must select. Each Juror will specify a number and NJA will take the higher median.
.
(4.4) [procedure for NJA ] The NJA will select twice the number of Jurors required and send them summors to appear. The voters must be between the age of 35 years and 45 years. And of those who arrive, the NJA will excuse the Jurors who are relatives of contesting parties or relatives of lawyers of contesting parties or neighbbors residing within 500 meters or in same apartment complex of contesting parties. Then NJA will select required number of Jurors at random. The decision on excusing will be taken by NJA and can be changed by only by majority of Grand Jurors.
.
(4.5) [procedure for Grand Jurors and NJA] Deciding number of Jurors for a case - Each Grand Juror will propose the number of Jurors needed for the case , and NJA will take the median. In case number of Grand Jurors are even, then NJA will take the higher median. Each Juror will propose a number between 15 and 1500. The guideline for National Grand Jurors will be similar as in DCJurySys
.
(4.6)[ procedure for NJA ] NJA will ask SCCj = Supreme Court Chief judge to appoint one or at most 3 judges to preside over the case. If the property in dispute is worth above Rs 50 crores or compensation claim is above Rs. 5 crore or the maximum prison sentence is above 5 years, then NJA will request SCCj to appoint 3 judges. SCCj's decision will be final.
.
section-5 : Conducting trial hearings
.
(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 of Jurors' means majority of Jurors selcted, not just present.
.
(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.
.
(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.
.
(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.
.
(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 specified by Jurors 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.
.
(5.6) [ procedure for Presiding Judge ] In case of prison sentence, the Judge will arrange the sentence lengths cited by Jurors. If sentence length is higher than legal limit then maximum sentence as specified in the Law will be taken. And the Judge will take prinson senetnce approved by 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.
.
(5.7) [ procedure for Presiding Judge ] In case of any other remedy asked, the Jurors will ask both parties to submit at most 3 proposals. Each Juror will give marks from 0 to 100 to each proposal. Not giving any marks would be mean 0. The proposal with highest total marks would be taken as proposal approved by the Jurors.
.
(5.8) [ procedure for NJA ] NJA will give same compensation to Jurors as Grand Jurors
.
(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.
.
(5.10) [procedure for Jurors] If over 50% of Jurors think that complain was friviolous, then each Juror may impose a fine of Rs 5000 per day per Juror and no more. Each Juror will disclose a fine, and fine approved by majority will be collected by NJA. Of this fine collected, 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.
.
(5.11) [ instruction to all ] In complex cases, each party or NJA or judge may request any technical / legal expert to explains facts and law to the Jurors.
.
section-7 : Appeal
.
(7.1) [ instruction to all ] The judgement of Supreme Court Jurors can be cancelled only by voters of India using TcpIndia or by Loksabha using Legislation. Otherwise, it will be final.
.
section-8 : Protection of a Fundamental Rights of the Citizens
.
(8.1) [ 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 or the Jurors of High Courts or the Jurors or Supreme Court in that order. 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.
.
(8.2) [ instruction to everyone ] The Jurors will decide the facts as well as intensions, and shall also interpret the laws as well the Constitution, and natural justice.
.
section-CV : Citizen's Voice
.
[comment - similar to section-7 of DCJurySys]
.
(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 District Collector or his clerk who will post it on the website of Prime Minister for a fee of Rs 20 per page.
.
(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.
.
Appendix-I
.
(a) DCJurySys
Fullname = PLD.0151.DCJurySys
FileHash = b3035ee77f7eba8c32785a2d97819a73f2f0a705
BitTorrentHash = 020fc292568ba0e079db12635218a9a23180b611
.
(b) TcpIndia
Fullname = PLD.007.TcpIndia
FileHash = 03d83b97a1180fe88cc15bd6fd9771c1b3a551d8
BitTorrentHash = e65f846014a5c823dc521392bbf57b97fcf20dcb
.
===== end of law-draft =====