Is the judge really handicapped without the proof to dismiss case?

such a huge scam without the permission of senior cabinet member/PM or super PM is not possible... this can be understand by even layman also... but this learned judge did not understand this... or handicapped without proof and so even understand cannot pass the judgment... however instead of simply dismiss the case, he would have made some stricture remark along with dismissing the case...

by hook or crook congress managed CBI judge... looking to UP election ahead...!!! now matter will come after UP election only…

Dear Aliens,

We should avoid maligning people who don't agree with us, esp. Judges.

Please read all over the net, and you'll find only positive references about Judge Saini of the CBI Court.

From our perspective, the judge may have erred in judgment. But why can't it be an honest error of judgment (if it is an error, that is)? I also believe it may be an error, though I'm no legal eagle. Also, what is ethically, and even politically wrong need not be legally wrong. May be the evidence is not adequate to stand the scrutiny of law. Dr. Swamy believes this judgment is erroneous; I believe him. Let's say no more than this.

If we make irresponsible statements, unbiased people will dismiss us.

This is not to offend you, but just to set the record straight. Hope you understand.

Ganesan. :~(

Yes, that is why i have written handicapped without proof

Aliens,

My point was about the statement: "by hook or crook congress managed CBI judge"

Ganesan. :~(

yes since its CBI court and CBI judge and so I have written it... everyone knows CBI... though its reporting to SC but still manage to delay the case of Raja and other matters

Aliens,

Again, this is a mistake. CBI Court is different from CBI. CBI Court reports to Supreme Court. It has been doing a commendable job wrt speed of hearing.

Ganesan. :~(

learned judge cant go against sufficient proof... but he can surely understand that such huge scam is not possible without top consent... which he could make at least remark... just clear and clean chit definitely creates doubt...!!!

Ganesan,

Am glad Kapil Sibal has started thinking about God: Swamy to NDTV

please open link and listen swamy... you will understand why i am writing this

Our judicial system is dependend over proof so they cannot go against any allegation based over predection or thought of any indivisual, we have to wait & watch for the next movement of Dr Swamy in case he got some evedance against Chidambaram he is requested by each & every citizen to produce the same in Court in sted of making any statement in front of media.

Dear Subramanyam Sir please go to Supreme Court & prove that you are correct

Hi All,

The facts are not disputed even by judge Saini; Dr. Swamy had to struggle his way to get at the facts thru RTIs and from CBI thru SC. This is half victory.

The second half is interpretation. Dr. Swamy says, for a "prima facie" case, the evidence he's given is adequate. During the trial, Dr. Swamy believes, the proof will come out. We tend to agree. The judge disagrees.

There are 3 perspectives (world views) to look at the interpretation from:

(i) "Do we allow people to hurl unproven charges at a Minister?", the judge's angle. We believe politics has reached such a stage where we can't any longer afford take this route.

(ii) "With corruption eroding the system, with criminality difficult to prove, do we make the onus of proof the responsibility of the people (Dr. Swamy here)? Will bribe taker take a video with high res audio and submit it to the court as proof? It's unfair", is the angle of some of us. If the judge had taken this route, he may have ordered a CBI (or some other) enquiry against PC. He may then have, at best, said, PC could even continue in office, protecting the process of gathering of evidence for Dr. Swamy somehow.

(iii) "We need to teach a lesson to politicians; let's send a strong signal now" is the view of the others among us. If the judge had taken this route, he may have ordered PC to me made a co-accused. Many legal pundits don't agree with this view, though this is the popular perception among the non-politicians who are agitated.

We may have expected (ii) (as most likely) or (iii). Sure, we're disappointed. But we need to understand that (i) is not necessarily a dishonest view; may be naive, in our view?

We hope a judge in HC or SC who holds views (ii) or (iii) takes the decision. Otherwise, this may be a lost case. (But that need not be the end of anti-corruption initiatives.) Such a situation can be corrected only by a constitutional amendment. We need to follow Anna's way, with more commitment. Honestly, I believe we, the people, haven't yet shown enough commitment to Anna's movement.

Whichever way, we have a long way to go. But unfortunately, that's how democracy works. And other alternatives to democracy could be worse.

Let's accept these realities and look to move forward. Let's no cast aspersions on anyone. Law is known to be an ass.

Dr. Swamy has said, "I'll do my best. If God wills that my efforts don't bear fruit, I'll just accept it." This attitude is necessary to keep our cool and not lose our balance.

Ganesan. :~(