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PDF Editor FAQ

What are some good examples of "life isn't fair"?

“Innocent man spends 27 years in jail for buying 9V BATTERY !!!”Yes. This is true. Perarivalan from Tamil Nadu, India was just 19 y.o when he was arrested in former Prime Minister Rajiv Gandhi’s assasination case on June 11, 1991. He was taken for a small interrogation and assured that he will be sent back the very next day, but the next day is yet to come for just buying 9V battery!The charge on Arivu was that he bought and supplied a 9-volt battery which was used to detonate the bomb that killed Rajiv Gandhi. A 9-volt battery is something that is commonly available in petty shops. And evidence on this charge was a testimony by a shopkeeper stating that Arivu bought the battery from his shop. The case was filed under Terrorist and Disruptive Activities (Prevention) Act [TADA]. Under this act a confessional statement recorded by a police officer is accepted as evidence. But we know what methods the police use to make those in custody act according to their wishes. Perarivalan too was subject to third degree physical and psychological abuses to sign already written papers as well as blank sheets. As per records, the confession statement that is in his name states that he bought the battery and gave it to the mastermind of the crime, Sivarasan. And it is based on this confession statement that he was given the death penalty.So how it was found that he’s innocent?After 26 years, on October 27, 2017, ex-CBI officer V. Thiagarajan (then SP, retired as ADGP) filed an affidavit in Supreme Court stating that he was the one who recorded the confession statement of Perarivalan and that he omitted a part of the confession statement. And what was that part? “I have absolutely no idea of the purpose for which the batteries he bought would be used for”. What is the importance of this part if it had been recorded? Thiagarajan himself states that if that portion had been recorded, a “mere act” of providing nine volt batteries would not make Perarivalan privy to the conspiracy to kill Rajiv Gandhi.His educational backgroundHe topped among all the prisoners who have ever appeared for the exam by scoring 91.33% in Class XII board exams. He secured a gold medal in a diploma course conducted by the Tamil Nadu Open University. He completed his Masters in Computer Applications. All this while being confined in Jail.How he spends his time in jail?He tutors those who are appearing for various exams from prison. He runs a music band with his co-prisoners and entertains everyone which includes high ranked police officials to constables on duty, convicts with life sentence and those arrested for petty cases.Present scenarioHe may get released based on mastermind Sivarasan’s wireless message recorded on May 7, 1991 to LTTE top operative ‘Pottu Amman’ in which the former said “our intention is not known to anybody except we three” — himself, Subha and Dhanu, the suicide bomber which makes it clear that Perarivalan was not taken into confidence.He may get released, but can he get the life back which he has lost?Salute to our judiciary system which take so long to give verdict and few ostentatious officers who, under political pressure, tend to convict even innocent by subjecting them to physiological and psychological torture. So now it’s known, did the “Gandhi” react to this? Do we hear any comments from our beloved Rahul Gandhi. A big NO. No one is least bothered.Isn’t his life really unfair?He is now 46 years old, spent 27 years of his life in prison, of which 23 years was in solitary confinement as a prisoner on death row. His date of execution was fixed several times, gone through third-degree physical and psychological abuses in police custody. His sister’s children are software professionals!Source: Rajiv Gandhi assassination: For buying a nine-volt battery, Perarivalan today completes 27 years in jail47 year old “Perarivalan” Let’s heartfully wish he gets justice.Tej Pratap

Who are public magistrates?

Public Magistrate or Executive MagistrateAny individual who has the power of a public civil officer acting as a Justice of the Peace.Police have to do their maintenance of law and order in co-ordination and supervision of Peace Magistrate.An Executive Magistrate is an officer of the Executive branch (as opposed to the Judicial branch, they generally belong to Revenue branch) who is invested with specific powers under both the CrPC and the Indian Penal Code (IPC). These powers are conferred by Sections 107-110, 133, 144, 145, and 147 of the CrPC.These officers cannot try any accused nor pass verdicts.A person arrested on the orders of a court located outside the local jurisdiction should be produced before an Executive Magistrate who can also set the bail amount for the arrested individual to avoid police custody, depending on the terms of the warrant.The Executive Magistrate also can pass orders restraining persons from committing a particular act or preventing persons from entering an area (Section 144 CrPC). There is no specific provision to order a "curfew".The Executive Magistrates alone are authorised to use force against people. In plain language, they alone can disperse an "unlawful assembly".Technically, the police are to assist the Executive Magistrate.Executive Magistrates can dictate to the police the manner of force (baton charge/ tear gas/ blank fire/ firing) and also, how much force should be used. They can also seek the assistance of the Armed Forces to quell a riot.There are, in each Administrative District (as opposed to a Sessions District) the following kinds of Executive Magistrates:o District Magistrate (DM) or Deputy Commissionero Two or more Additional District Magistrates (ADM)o Four or more Sub-divisional District Magistrates (SDM) ando At least ten Executive MagistratesAll the Executive Magistrates of the district, except the ADM, are under the control of the DM.These magistrates are normally conferred on the officers of the Revenue Department, although an officer can be appointed exclusively as an Executive Magistrate.Normally, the Collector of the district is appointed as the DM.Similarly, the Sub-Collectors are appointed as the SDMs.Tehsildars and Deputy/Additional Tehsildars are appointed as Executive Magistrates.Under the old CrPC, there was no distinction between the Executive and Judicial Magistrates; some states still follow the old CrPC in this area._____________________Some of the Affidavits sworn before/ attested by Executive Magistrate:o Affidavit to be submitted by illiterate applicants as proof of Date of Birth in case no other proof is availableo Affidavit to be submitted with the application for a passport of a minor child by either parent (who are separated but not formally divorced) or by a single parent of the child born out of wed locko Joint Affidavit to be submitted along with application for passport by a woman applicant for change of name after marriageo Affldavit for change in nameo Declaration by applicant parent or guardian if passport is for minor when one parent has not given consento A common Affidavito Affidavit for re-issue of passport, which was obtained prior to marriage, by married applicants who are unable to provide the prescribed marriage certificate or joint affidavit with spouse due to marital discord, separation or without formal divorce decree by the court or due to total desertion by the spouseo Affidavit for a passport in lieu of lost/ damaged passport

How do I get the affidavit for no criminal case pending against you for passport?

Annexure I and affidavit of no criminal case are the same as per my knowledge. In Annexure I one delares the names of the mother, father, spouse. Also residing address since which year. Also ones citizenship status, that during the period of five years preceding the date of the affidavit has not been convicted by any court in India for offences involving moral turpitude and sentenced in respect thereof to imprisonment . That no proceedings in respect of any criminal offence is pending before any court in India , further that no summons for appearance , and no warrants of arrest has been issued ........... apart from other contents mentioned in Annexure I.You can load down said Annexure I from annexures to Indian passports. Fill the blanks and get it attested from a notary.( the above is not the exact extract of Annexure I. ) it's just broad layout.Fill the necessary details and contact a notary to attest the same. Take your original documentary proof to the notary as he has to satisfy himself that you are thane person who is swearing the affidavit. Thereafter he will attest the same after noting it and return the same in original to you.Above reply is not to be considered as a legal advise in any aspect. Simply a guidance for your knowledge.

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