Lawfully yours: By Retired Justice K Chandru
Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court Do you have a question? Email us atcitizen.dtnext@dt.co.in
One can sue government or malicious prosecution
Q. Incidents of ruling parties at the State and Centre cooking up cases and framing their political opponents are increasing day by day. Whenever the police frame somebody under fabricated charges, their stock excuse is that if a complaint is given to them, they are bound to register a case and investigate. The Tamil Nadu government’s action against Savukku Sankar is one such malicious act and abuse of power by the ruling party in the State. Most often these ‘scapegoats’ won’t be able to fight the powerful State machinery which makes use of their agencies to inflict a thousand cuts on their targets. Is there anything the court or civilians could do to save innocents from being witchhunted for standing up against the corrupt practices of the powers that be?
-- Ramanathan Bharathi, Uthandi, Chennai
If cases are filed falsely, courts will deal with them. You can also sue the government for malicious prosecution. As far as the police are concerned, if they receive any complaint disclosing a cognisable offence, they are bound to register an FIR and proceed to investigate the same. Sixteen persons were arrested in the Bima Koregaon case. Many of them are yet to come out even after five years. No one raises their voices for those BK-15.
Can’t petition consumer forum if gadget received as gift is faulty
Q. A month ago, my uncle received a cochlear implant distributed by an organisation free of cost. Though the organisers publicised and made a show of the distribution function, the implants for both ears were found to be defunct. When approached, the company service centre demanded more than half of its cost as repair charges and said the warranty would be applicable only if there was a seal and date on the warranty card. The organisation is also not showing any interest in helping this senior citizen to whom they have gifted this faulty device. He has had his share of mental trauma going after these people and becoming a laughingstock. Is there anything he can do to expose those who made use of him for their gains?
— Ramya Sriram, Chengalpattu
There are many instances where treatment given in free medical camps resulted in severe losses and the devices supplied were faulty. You can only publish such experiences so that the organisers can be shamed. Only if you have bought the gadget, you can demand action before the consumer forum.
