what can i do for the proffesional misconduct of my lawyer?

I have filed a case in highcourt UP judicature at lucknow My lawyer has colluded with the respondent&their lawyer.He is delaying the case and even did not appear in the court and a confusing order was passed by the court.After this he filed a clarification/modification application and since then he is prolonging the matter and not giving the correct information to me. After requesting several times he has not givenme the copy of the writ petition&other papers related to the case.I am feeling cheated.What can i do to redress for the injustis done to me?

was separating the couple not unfair?

In the recent newspaper article about the Hindu girl whose marriage to a Muslim boy was voided by a HC judge- why are we not concerned about the girl’s freedom to choose her spouse?
We can keep arguing over how to interpret the judgement. But what about the couple who were separated by cops on the order of the judge?
If it was only about a formality as to which Marriage act to get married under why did not the judge get them married as per the correct act rather than separate the couple

__________________________________________________________
source:
TOI page:19 dt 12 may 2009

LAYING DOWN THE LAW
‘Bride must convert to marry Muslim’
Failure To Do So Will Void Marriage: HC
R N Pandey | TNN

Allahabad: In a judgment with far-reaching implications, the Allahabad high court has ruled that a non-Muslim bride must convert to Islam to marry a Muslim. Failing that, the matrimony with a Muslim man would be void as it would contradict Islamic dicta and tenets of the Quran, the court said.
The ruling on Monday by a division bench comprising Justices Vinod Prasad and Rajesh Chandra, came on a writ petition filed by Dilbar Habib Siddiqui. The petitioner had sought quashing of an FIR registered against him on March 17 under sections 323, 366 and 363 of IPC with Naini PS, Allahabad and prayed the court not interfere in his peaceful matrimonial life with Khushboo Jaiswal. The judges directed a speedy probe into the marriage of Siddiqui and ordered the cops to separate Khushboo Jaiswal, who was lodged in Nari Niketan, and hand her over to her parents.
The primary question for adjudication was on whether the FIR could be quashed or not. A perusal of the contents of the FIR indicated that Khushboo Jaiswal was alleged to have been abducted by the petitioner three months prior to its lodging. However, the petitioner had succeeded in preventing the FIR from being registered. The FIR was filed by the girl’s mother, Sunita Jaiswal, who alleged that the petitioner had abducted her daughter. She contended that Khushboo never converted to Islam and there was also no documentary evidence to suggest so. ‘‘In our above conclusion we are fortified by the fact that in the affidavit filed by Khusboo herself subsequent to her alleged contract marriage, she has described herself as Khushboo and not by any Islamic name. As Khushboo, she could not have contracted marriage according to Muslim customs. In those documents she has addressed herself as Khushboo Jaiswal,’’ the verdict said.
‘‘Thus, what is conspicuously clear is that Khushboo Jaiswal never converted and embraced Islam and therefore her marital tie with the petitioner Dilbar Habib Siddiqui is a void marriage since the same is contrary to Islamic dicta and tenets of Holy Quran,’’ the court ruled.
just concerned. mean no ill to anyone
if its anger, then anger leads to more anger and vicous cycle. doubt its due to anger.
anyway judges are fair always
judges are fair. right?

POLL: Whats the most pride-accomplished thing you’ve ever done?

Well mine was walking down town and seeing a christian making me sign a petition to ban gay people from new zealand. I took the petition and writ “fuck you” on it and walked off.. even though it didn’t do much, at least i saved one gay person.

wbu?

What should I do when court fears to take up the case?

I am the one issued warning to local T.v.2 hours before Tsunami struck our Indian coast to local T.V.stations. They ignored my warning .End result we lost the life of ten thousands. My warning was based on well known Scientific knowledge to gether with the help of some simple instrument.I have full documents to prove my complaint.I made the complaint to police,human right commission and to high court Chennai with writ & Pil petition .They only dodge to order for investigation of the truth. I am 66 years old kidney decease patient.What to do to save the people at least in future.?

question about conservatorship?

If a persons rights are being violated via intrusion upon seclusion and appropriation, because a person setup hidden cameras in their bedroom and made a tv show about it without their knowledge, could I be a coservator and petition a writ of mandamus or injunctive relief to get the show off the air?

Are investigating agencies keeping blind eye to the black money issues.. ?

like PM himself who is comfortable about not investigating parallel economy run by the corrupt ones and the security impacts of such antinational activities?!

See news: SC raps govt for not investigating source of black money

The apex court also expressed its dismay that the government’s probe into the issue of black money was focussed only on the case involving Pune stud owner Hasan Ali Khan and no name of any other person involved in stashing funds abroad has come out.

“Why all these agencies were sleeping since 2008? Why it moved when we stepped in? If writ petition had not been filed, nothing would have happened,” the Bench observed.

The court was hearing a PIL seeking retrieval of black money stashed by Indian citizens in banks abroad. The PIL had been filed by former Union Law Minister Ram Jethmalani.

http://www.indianexpress.com/news/sc-raps-govt-for-not-investigating-source-of-black-money/768290/

Don’t you think that there is something very fishy about this UPA govt., showing least interest in the investigation of black money matters which are linked with high profile persons ?

Should non Muslim woman be allowed to marry a Muslim?

Last Monday(10 May), the Allahabad High Court held that a Muslim man’s marriage to a woman of another religion shall be considered void and against the tenets of Islam if he fails to get her converted to the religion before wedlock. In its order, a division bench comprising Justices Vinod Prasad and Rajesh Chandra also ruled that remarriage of a Muslim man shall be held void if he abandons his first wife without divorcing her and fails to treat children born of the marriage in a fair and just manner.

The order was passed yesterday when the bench dismissed a writ petition of one Dilbar Habib Siddiqui, a resident of Allahabad, who had married a Hindu girl named Khushboo on December 29, last year. Siddiqui had moved the court with the plea to quash the FIR lodged against him by Khushboo’s mother Sunita Jaiswal alleging that he had kidnapped her daughter, a minor at that time, and had compelled her to marry him.

In this regard, I want to ask you all, do you think a non-muslim women should be allowed to marry a muslim?

The case filed in high court on the death of 10,000 not taken ,Why?

I am the person issued the warning 2 hours before Tsunami struck our coast with the help of my earthquake alarm and my knowledge on Tsunami. I spoke about Tsunami in Singapore radio 9 months before it struck our coast. My warning was not broad casted in time that should have saved the life of several thousands. The police have collected all the evidence from me and not took any action on T.V.Stations. The writ petition filed in the year 2005 is still pending in Chennai high court. The pil filed in the year 2007 was disposed without conducting any enquiry. Finding the fact will save thousands of people at least in future. What to do now.Can I approach international court.
The PIL was filed in high court only .Not at supreme court. The warning was not issued by prediction.I know that prediction is not at all possible.It was possible because of my close observation only.

Need legal assistance….?

Hi… I am 25 yrs old, female…working in Pune….I am in love with a muslim guy n want to marry him… When I told my mom abt it, she asked me to part ways… When I did not, she came n took me home in March 2010 n forcefully tried to get me married to some guy… when I resisted , she didnt let me come back n continue my job… I was tortured… I sought help from women commission but no action was taken…. Then I came across a lawyer working at Allahabad high court… She assured to get me out in 15 days n asked for 15000 Rs…. She filed Habeus corpus writ petition in the 1st week of april….She kept giving me false hopes tht it’ll tk just 10 days…. Like this a month passed… nthg happened…. on 2nd May, my mom got the notice….I was at the verge of losing my job…..I decided to come back to Pune …I wanted to come back legally as I was being given life threats….with the help of my cousin, I came back….Its been close to 3 months but nthg has happened in the court… I don’t know what to do…..Everytime I speak to my lawyer she presses for more money, though she has doen nthg till now….what shud I be doing??? I want to withdraw the case, my lawyer is not letting me do tht… shud I pay her so much money even when she kept misguiding me????
I was house arrested by my mom…My cousin tried reach women commission n even District Magistrate but it was to no avail…. SInce ,the lawyer goofed up n my job was at stake… I had to escape from there….. I dont know how to take it up now….

Our Housing Society is recovering Maintenance charges on “per square foot” basis instead of on “per flat basis

While Muni.Tax, Sinking and Repair Funds, etc. is to be calculated on “per SUQARE FOOT” basis, Maintenance (Service) charge, as defined under Model Bye Law. 68 read with Bye-law No.69 (a) (vi) ibid is to be charged on “per FLAT basis” by the Housing Societies. The Bye-law does not give any discretion to the Society for deviation as may be seen in Bye-law No.69 (b).
I brought the above fact to the Society’s notice on 22July, 07, enclosing a copy of a legal opinion, citing a decision by Hon. High Court-Mumbai which decided the Writ Petition No 1948 of 1997 between Venus CHS v/s Dr J Y Detwani and others, thereby holding that the Society cannot charge maintenance charges on the basis of area of the tenements of the members.
My Society has not taken any corrective steps to remove the anomaly till date. It did not even include the issue for discussion/decision in the AGM which was recently held on 14/10/2007.
What is the course of action available to me now against the Society ?

Regarding Indian law what happens in case of clash of two clauses?

Clause A of a rule is not totally in contrast but limits Clause B to some extent. Clause A has been around for some time while Clause B has been newly framed and is being applied for the first time.
What happens in such cases? Please give examples where the court has held that Clause B cannot be applied in the case.
In civil writ petition should one write all the grounds in the petition or leave some arguments to be made in court?
Also please let me know how much time does it take for a writ petition to be admitted and heard in an Indian High Court.

A Tamil Villager’s AGONY:TN asked to explain deportation of Prabhakaran’s mother.Who is behind this episode?

As an Indian Tamil I have every right to ask what is happening to my fellow Tamil in Sri Lanka.
It is a sentimental issue ignored by the CONCERNED.

The Madras High Court today asked the Tamil Nadu Government’s to explain its stand on the issue of slain LTTE chief Prabhakaran’s mother being denied medical treatment and deported back to Malaysia from here recently.

“Let us know the stand of the state government by tomorrow,” a division bench, comprising justices Elipi Dharmarao and K K Sasidharan, said when a petition on the matter filed by an advocate came up.

Chennai, Apr 29 (PTI) The Madras High Court today asked the Tamil Nadu Government’s to explain its stand on the issue of slain LTTE chief Prabhakaran’s mother being denied medical treatment and deported back to Malaysia from here recently.

“Let us know the stand of the state government by tomorrow,” a division bench, comprising justices Elipi Dharmarao and K K Sasidharan, said when a petition on the matter filed by an advocate came up.

Government counsel G Desingu informed the court that he would get the reply from the state government by tomorrow.

Advocate Karuppan filed a PIL recently after immigration authorities denied permission to Parvathi Ammal to undergo medical treatment in Chennai and sent her back to Malaysia.

Stating that Parvathi was granted a visa for medical treatment for about 180 days by the Indian High Commission in Kuala Lumpur, Karuppan alleged that the 80-year-old lady, suffering from paralysis, was deported by authorities without even allowing her to land in Chennai.

“Denying her right to enter would be viewed as the most barbaric act,” he said.

Karuppan also requested the court to issue an interim order directing the Ministry of Immigration to forthwith provide a special plane from Kuala Lumpur enabling Parvathi to fly down to Chennai for medical treatment.

Meanwhile, the counter filed by Avi Prakash, Foreigners Regional Registration Officer, contended that the writ petition filed as a PIL cannot be entertained as there is no public interest involved in the present case.

“Neither he (advocate Karuppan) is related to Parvathi nor is he connected to her in any manner,” the counter said. He said that in spite of her (Parvathi) having a visa issued by the Indian High Commission at Kuala Lumpur, Indian immigration officials acted within their powers and in accordance with law in refusing entry.

He said immigration officials were legally entitled to deport a foreigner on certain issues as per provisions of para 3(2) of Foreigner’s order, 1948.

“At the request of the Tamil Nadu government in reference no SR-11683-1/2003 dated May 5, 2003, warning circular was issued as early as July 9, 2003 against Parvathi.”

Noting that the warning circular had been communicated to all Indian missions abroad, he said “the Indian High Commission at Kuala Lumpur ought not to have issued a visa to her (Parvathi) in view of the warning circular…”

Government can ban the entry of any foreigner into the country and need not explain the ban, he said.

http://in.news.yahoo.com/20/20100429/1416/tnl-tn-asked-to-explain-deportation-of-p_1.html

Prabakaran’s mother deported.

http://www.thehindu.com/2010/04/17/stories/2010041761280100.htm

State ready to help Prabakaran’s mother.

Karunanidhi willing to write to Centre

Says he was not aware of her visit to Chennai

http://www.thehindu.com/2010/04/20/stories/2010042056520100.htm

Deportation of Prabakaran’s mother raised in Parliament.

Raising the matter during zero hour in the Rajya Sabha, CPI member D. Raja described the treatment meted out to Prabakaran’s mother ‘inhuman and shameful.’

“On the one hand, the government claims to be rehabilitating the Sri Lankan Tamils and on the other, such happenings occur.” What is the policy of the government, he asked. He said the incident had ‘sullied’ India’s image.

Joining him, S.S. Ahluwalia (BJP) asked whether parents can be held liable for the crime committed by their children.

Senior BJP leader L.K. Advani said the government had not set a good tradition by deporting Parvathi, who had come for treatment, without consulting the State government. Why did the Indian High Commission in Kuala Lumpur issue a visa to her, he asked.

http://www.hindu.com/2010/04/20/stories/2010042054991300.htm

flat in the parking area of the apartment. can it be regularized by GHMC?

The builder build a flat in the parking area of our apartment. when objected he told that he demolish it after his plots are sold.instead he sold it . the purchaser is using it for commercial purpose and creating nuisance to the resident of the apartment.
after several representation the ghmc official came and demolish a will and stoped due to some political pressure. we approached to High court and filed writ petition through our Secretary of our society (reg) the honable high court disposed the case with directives to ghmc to take action with 6 week. but even after 12 week no action. in the mean time the flat owner applied for regulirisation under BPS ( building penlisation scheme) some body filed writ and obtained stay. finally the H.C. passed the BPS with certain restriction. one to our advantage is the flat can not be regularize if objected by neighbor. our building permission is for G+2 the builder did not take permission for parking area which 3+ feet from road level. our contention is if we file civil suite if the ghmc regularize the unauthorized flat it will take years. for the court to decide. can we take stay injection order from civil court. can we say if parking area is unauthorized the flat in the parking area too is unauthorized. the unauthorise in the parking area is 4 feet from ground level there is no water out let. rain water and swerage overflow flood the flat. they are stopping the rain water from the backing side of our apartment by putting sand bags. they work day and night. there is no privacy for the flat owners. What should we do please advise. there is no undivided share left for him. all the area is allotted among 6 flat owners.. the builder sold 4 parking areas two flat owner dont have any parking area. please give your expert advise. regards.mfs

Can the so called owner let my house demolished?

In continuation to my query that – Can the owner let me out of my house? – again my query is, I have received a notice from the Delhi High Court to appear 29 July 2009 with a Civil Writ Petition with the request to demolish the unauthorized construction. Actually when nobody was coming to claim the property since more than 20 years and the roofs of the house were about to fall I got some repair work but now when I have spent my hard earned money the so called owner has filed petition to demolish the so called unauthorized construction which is repair work to me. I am being harrassed, nobody is helping me, lawyers are demanding heavy amount to appear in the high court. Please help what will happen.

Am i mad or are they mad?

(i read it. it was removed.so,from my memory i am furnishing) This is the story related to ancient period.

short description: A brahmin sold his lands to a chettiyar. chettiyar came to know that there was a treasure found while cultivating the land. He gave instruction to handover the treasure to the Ayyar. Ayyar refused to accept and say that the treasure belongs to him only. now chettiyar goes direct to meet Ayyar. we now go with chettiyar.

Ayyar: welcome chettiyar.
chettiyar: Swami, why you deny the treasure i sent ?
Ayyar: i sold the land to you. whatever available in the land it belongs to you only. so, i sent back.
chettiyar: swami, i purchasd your land only and the treasure is not mine. it is yours. please…
Ayyar: There should be a justification in any thing. sorry.

Now chttiyar filed writ petition in the hon court. This was numbered immediately as if jayalalithaa and kalaignar filed (though a lot of cases pending even for numbering).

court:
Magistrate: Mr. chettiyar, what is the problem ?
chettiyar: your honour..i found a treasure in my land. i bought from the Ayyar. i sent the treasure
to him. He is refusing to accept. please direct him to accept.
Magistrate: Mr.Ayyar, what is the problem with you? why you deny to accept ?
Ayyar: namaskaram your honour…i already sold my land to chettiyar. How can i claim my
right over the sold properties, so i denied.
magistrate: so, this is your problem. case posted tomorrow for further hearing..

That night: Exactly 12 ‘o clock night.

chettiyar speaks to himself: why to give ayyar ? i bought the land. it is mine only. Tomorrow, i
will tell the court that the Ayyar is right.

Ayyar speaks to himself: yes, what chettiyar telling is right. i will tell the court that i will accept.

court: magistrate: mr chettiyar, what is your final decision ?
chettiyar: what ayyar say is right. i will retain the treasure myself.
magistrate: mr ayyar, what is your opinion ?
ayyar: it is my treasure. i will accept the treasure.

Magistrate: Am i mad, or are they mad ? They speak something yesterday, now they speak purely
against what they spoke..what is this?
Dawali: your honour..yesterday exactly night 12 ‘o clock kali yuga born.

Petitions for writs of certiorari are an important part of the process by which…?

the Supreme Court decides which cases to hear.

he Supreme Court decides which justice will author the majority’s decision.?

the president decides whom to appoint when a vacancy appears in the court.

t?he Senate decides whether or not to approve a presidential appointee to the Supreme Court.

the Supreme Court decides whether the argument of a disputant in a given case has a strong factual basis.

Sophist, Why do you think a legislative Writ of Mandamus filing would bring about more action?

Literally thousands of ‘legal’ alien residents have filed suit in federal courts across the country to compel action on their petitions for AOS or naturalization. At present, it is clear that DHSUSCIS and the FBI, etc. are ill-equipped to deal with the current state of affairs created as a result of the tightening of requirements mandated (but unfunded) by the Patriot Act.

I’m no attorney, so perhaps you may inadvertently be on to something here…Where exactly does the buck stop? In that vein I would pose the larger question, does the pending immigration legislation before congress give consideration andor adequate funding to deal with an already overwhelmed ‘system’ while contemplating the addition of potentially millions of new applicants? I admittedly do not know the answer. I do however humbly suggest that it is an important issue that most folks are not aware of but indeed one that they should be know about and consider. Blessings….
To JessicaRabbit, I humbly respond that it appears that you did not happen to see the earlier question and response by Sopist that I was commenting upon. That being said, I would urge you to look past passions and instead look into the situation I set forth with a clear and decerning eye…It is a reality. Name calling and finger-pointing will not resolve it..only considered attention, resolve, and a taking of personal responsibility by everyone (we are all stake-hoders here.) Blessings…

How important is Habeas corpus to Americans?

In Star Wars, Episode 3, in response to the Senate’s grant of sweeping powers to Chancellor Palpatine, Padme declares, “So this is how liberty dies: with thunderous applause.”

The same may be said about the Military Commissions Act (MCA) that was recently enacted by Congress – that this is how freedom ends, with or without the applause.

Despite the fact that the MCA has received just a modicum of publicity from the mainstream press, it is undoubtedly the most ominous and dangerous piece of legislation in our lifetime. By suspending habeas corpus for foreigners, by adopting the executive branch’s “enemy combatant” designation for both Americans and foreigners, and by establishing military tribunals for foreigners, the law not only entails a fundamental reordering of our criminal justice system but also effectively places the U.S. military in control of the American people.

Habeas corpus

Of all the rights and freedoms mentioned and enumerated in the Constitution and the Bill of Rights, the writ of habeas corpus is arguably the most important safeguard of individual freedom. Without the “Great Writ,” none of the other rights and liberties has much value.

To illustrate why this is so, let us assume that we live in a society in which everyone has the right of freedom of speech, including the right to criticize government programs. One day, someone criticizes some government policy. That day, a federal SWAT team conducts a no-knock raid and arrests the critic. The next day, several people protest the arrest, arguing that the prisoner has the right to criticize the government under principles of free speech. That afternoon, federal agents arrest and incarcerate some of the critics.

What could be done to get the prisoners released from incarceration? The answer is: Nothing, unless the society recognizes the writ of habeas corpus.

With habeas corpus, the prisoner files a petition with the judicial branch of government, asking a judge to order his custodian to appear before the judge to justify his incarceration of the prisoner. If the custodian refuses to comply, the judge issues an arrest warrant for him, which is enforced at the federal level by deputy marshals. Or let’s assume that the custodian shows up and says, “Your honor, the reason we’re holding him in custody is that he criticized the government.” In that case, the judge can order his immediate release, holding that criticizing the government is not a crime. Or if the judge incorrectly upholds the detention, the prisoner can file an immediate appeal to the appellate courts, which ordinarily give priority to habeas corpus proceedings.

Without habeas corpus, there is no way for a person who is being wrongfully detained to challenge his detention, even if the detention has gone on for years. In the absence of habeas corpus, he must continue to languish in prison until the authorities, out of the kindness of their hearts, decide to release him. That’s in fact the way things work in communist China and communist Cuba, where everyone is guaranteed freedom of speech but has no way to secure his release from prison after exercising it.

Habeas corpus, a judicial remedy that stretches back centuries into English jurisprudence, is the linchpin of a free society. Emphasizing its importance, the Chinese philosopher Lin Yutang put it like this: “Personally, I think that one writ of habeas corpus is worth more than all the Confucian philosophy ever written.” That’s why the Framers expressly included the protection of habeas corpus in the Constitution.

The Military Commissions Act cancels habeas corpus for foreigners accused of terrorism. In one fell swoop, the Congress, at the behest of President Bush, nullified centuries of habeas corpus protection.

It might be tempting for some Americans to say, “No big deal, because foreigners don’t count.” But that is a grave error because history has shown that when citizens permit their government to deprive one class of people of critically important rights, it’s only a matter of time before the government will do the same to other groups.

Ever since the inception of our nation, Americans have been able justly to take pride in the fact that their rules of criminal justice applied to everyone equally, across the board. Rich or poor, powerful or weak, everyone who was detained by the federal government on criminal charges has been entitled to the Great Writ, along with such important procedural rights as due process of law, right to counsel, trial by jury, and the right to cross-examine adverse witnesses.

Will the federal courts overturn the MCA’s cancellation of habeas corpus for foreigners, given that under the Constitution Congress can suspend the writ only in times of invasion or rebellion? Ordinarily, the answer would be yes, because under our system of government neither the Congress nor the president has the authority to amend the Constitution by enacting a law that nullifies its provisions.

With the MCA, however, the Congress and the president pulled a neat little constitutional trick. The Constitution permits the Congress to determine what cases the federal courts will have jurisdiction to hear, and Congress used the MCA law to deprive the federal courts of jurisdiction to hear habeas corpus cases brought by foreigners.

Time will tell whether the courts uphold such obvious trickery. But if they do, Americans may well rue the day because if the feds can cancel habeas corpus for foreigners and deprive the courts of the power to do anything about it, they will be able to do the same thing to Americans, not only with respect to habeas corpus but also with respect to other rights and guarantees in the Constitution and the Bill of Rights.

Enemy combatants

Does the fact that habeas corpus was canceled only for foreigners mean that Americans are immunized from the arbitrary arrests, torture, and indefinite detentions to which foreigners will be subjected under the MCA? No, because slipped into the law was the president’s and the Pentagon’s post–9/11 concept of “enemy combatants” in the war on terrorism. That concept applies not only to foreigners but also to Americans.

What does it mean to be designated an “enemy combatant” in the war on terrorism? Just ask Jose Padilla, an American citizen who was designated an enemy combatant. The Pentagon took Padilla into custody some three years ago and for two years held him incommunicado in a navy dungeon. Even worse, the Pentagon employed the psychological techniques of torture against him that the North Korean communists had employed against American GIs during the Korean War. Padilla was locked up in solitary confinement and denied any contact with the outside world, with the apparent aim of driving him out of his mind as a result of what psychiatrists call “sensory deprivation.” According to Padilla’s lawyers and psychiatrist, the mental torture has been successful, leaving Padilla with a disturbed state of mind that prevents him from assisting with his own defense.

The Pentagon takes the position that ever since 9/11, the U.S. military has wielded the power to treat any American just as it has treated Jose Padilla.

Padilla, through his lawyer, filed a petition for writ of habeas corpus, challenging his detention by the military. When the case was about to reach the U.S. Supreme Court, the government switched gears and announced suddenly that they were indicting him for the criminal offense of terrorism and transferring him to federal court jurisdiction.

The clever legal move deprived the Supreme Court of jurisdiction to hear Padilla’s case (because the issue of military detention had become moot) but, equally important, it left intact the federal court of appeals decision upholding the government’s “enemy combatant” concept.

Why is that important? For the simple reason that it has given the U.S. military omnipotent control over the American citizenry. With the president’s use of the “enemy combatant” designation, which has now been formally enacted into law by the MCA, the U.S. military now wields the power to send troops across America and take Americans into custody and punish them through torture and deny them due process of law, trial by jury, and other procedural rights whose roots stretch back centuries in American and British law.

Don’t Americans accused of terrorism, though, still have the right of habeas corpus? Yes, but all that habeas corpus does is require the government to show that it is justified in holding the prisoner. If there is no legal justification – such as holding someone because he criticized the government – the judge will order his release. But if the Supreme Court upholds the “enemy combatant” concept, as the federal court of appeals did, then all that the government has to do at the habeas corpus hearing is show some evidence that the accused had indeed been designated an “enemy combatant” in the war on terrorism. Once the government does that, the judge will dismiss the petition for habeas corpus relief and leave the prisoner at the indefinite mercy of his custodians.

What about the validity of the “enemy combatant” concept? It is political and legal chicanery that effectively gives the U.S. military standby control over the American people. All that the military has to do is fill out a form with a person’s name on it – or with lots of people’s names on it – and have the commander in chief (whether Bush, Hillary Clinton, or anyone else who happens to be president) sign it. At that point, military units can sweep into neighborhoods and effect the arrests and incarcerations of American citizens.

At the risk of belaboring the obvious, that’s not what America is supposed to be all about. That’s what the Soviet Union was, and China, North Korea, and Cuba are all about. Terrorism is a crime, not an act of war. That’s why it’s defined as a crime in the federal statute books. That’s why it’s prosecuted as a crime, both here and in Europe. That’s in fact why federal prosecutors have prosecuted such terrorists as Zacarias Moussaoui (one of the 9/11 terrorists), Ramzi Yousef (one of the 1993 WTC terrorists), Timothy McVeigh (the Oklahoma City terrorist), and many others accused of terrorism. After all, let’s not forget that Jose Padilla himself is now being prosecuted for terrorism in federal district court rather than being held as an “enemy combatant.”

Targeting the unpopular

The beauty is how U.S. officials have accomplished this standby hijacking of America’s criminal justice system. They have targeted foreigners or unsavory Americans such as Padilla to get their doctrines established, knowing that most Americans would never come to their defense and knowing that most Americans would never suspect that a government victory in those cases might well end up applying to ordinary Americans as well.

So, under the current state of the law, thanks to Congress, the president, and the MCA, Americans can be incarcerated and tortured by the military for the rest of their lives. No due process and no jury trials. In fact, arguably foreigners accused of terrorism have it “better” under the MCA because they do get a trial – trial by military tribunal – while American “enemy combatants” get no trial at all. The reason I put the word “better” in quotation marks is that military tribunals, unlike jury trials in federal court, will be nothing but kangaroo proceedings where the outcome (guilt and death) will not be in doubt and where the proceeding is actually just a show trial for the benefit of the American people.

There are, of course, those who say, “We don’t need to be concerned. Our government officials love us and will employ these powers only against foreigners.” The big problem with that way of thinking is that once the roundups begin amidst a big crisis environment, where everyone is stricken with fear, it will be too late to complain. Just ask German Jews or, for that matter, Americans of Japanese descent.

The time to protest is now. The time to fight for the Constitution and Bill of Rights is now. The time to restore habeas corpus is now. The time to repeal the MCA is now. The time to rein in the federal government is now.
thegubmint: Your answer is ridiculous in the fact that you blame the left for misconstruing the PATRIOT Act. The PATRIOT Act is responsible for helping pave the way for the MCA and leading America into a facist regime and that is plain and clear unless you have the neocon goggles on. Maybe you should stick to Garden & Landscaping answers.

scheduled caste+bangalore?

what is the time limit to file writ petition in the double bench of a high court.

is there any relief for a scheduled caste person under the constitution to file writ petition in the double bench after the single judge dismissed the case.what is the time limit for a scheduled caste if there is any.

Plz help me can u tell me this?

i want to know exact meaning of this order
” As an interim measure, it is directed that any action taken by the respondents as regards drawing fresh list of short-listed brands or disallowing other brands shall be subject to result of this writ petition.”

what is exact problem for implementation of majithia wage board,ministers demanding implementation in loksabha?

law minister says his ministery is not blocking wage board,yet no replay given ,when will wage board recommandation put in cabinet,how much time it will take,anand bazar patrika has file writ petition in sc ,when wage board is likely to be notified,what is current pay structure in anand bazar patrika

principle justice and human rights?

can i seek a stay for discharge on completion of my tenure(i was terminated unlawfully and i am filing a writ petition in supreme court)if i am reinstated.i have come across few policy amendments which are in my favour and i am seeking legal advise to file writ petition(special leave petition) in supreme court.

please advise how to file special leave petition in supreme court and what is the procedure to do it.

What Missouri Statute Allows A Plaintiff (Party) Access To Their Court Records, At All Times?

Missouri Law: I was a party plaintiff in a civil action suit, the records were sealed by court order without my knowledge. I’m having difficulty finding Missouri statutes or caselaw can I use (other than Missouri Sunshine Law) to file a writ of mandamus or petition for injunctived relief, to unseal court records, pro se?

Is it Constitutional NOT to allow terrorist suspects to petition for habeas corpus?

My first thought was yes…and if not, then it should be. But keep reading…

In the linked article, Bush’s supporters want to deny terrorist suspects habeas corpus.

http://news.yahoo.com/s/ap/20060928/ap_on_go_pr_wh/congress_terrorism_40;_ylt=AgYsQDgsImnBceWSe3jJtVITv5UB;_ylu=X3oDMTBiMW04NW9mBHNlYwMlJVRPUCUl

I hate terrorists as much as the next guy, but the Constitution specifically says:

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

Suspects in Gitmo are not a Rebellion nor Invasion. Theoretically, they can be innocent (and should therefore have rights)…unlike the guy we rendered by mistake to Syria who got tortured.

So…Is it Constitutional NOT to allow terrorist suspects to petition for habeas corpus?

where can i find a law student or some1 in the legal field to help with paperwork for writs habeas corpus?

my boyfriend is filing a petition of writs of habeas corpus and is going to need help to make sure everything is done correctly. we dont have enough money for a lawyer/attroney but i figure with help of someone in the legal field the paperwork will be done right

Can I writ N/A questiohn # 18 in form I-130 ?

I am an U.S. citizen, 21 years old, I am going to fill a petition for my parents, but I am living outside U.S and I don’t have adress in U.S. What I have to writ in the question # 18 of the form I-130 which is: Address in the United States where your relative intends to live. Can I writ N/A.

You’re writing a legal brief that asks Supreme Court to review Circuit Court’s decision..you’ll petition for?

Question: You’re writing a legal brief that asks the supreme court to review the decision of a circuit court, which you believe has made a decision conflicting with federal precedent. In this brief, you’ll petition for a…

A. writ of prohibition
B. writ of habeas corpus
C. writ of certiorari
D. writ of rescission

A party wishing to have a case reviewed by the USCourt of Appeals petitions the court for a writ of certiorari?

True or False

What is the meaning of this sentence?

” As an interim measure, it is directed that any action taken by the respondents as regards drawing fresh list of short-listed brands or disallowing other brands shall be subject to result of this writ petition.”

Most petitions for writs of certiorari to the Supreme Court are?

1.denied.

2. ordered by state district courts.

3. moot.

4. granted.

5. made by Congress

answer?

Service tax on rent of immovable properties?

Several writ petitions have been filed before Supreme Court & other High Courts challenging the constitutional validy of imposition of Service Tax on Rent. What is current position. Are the cases anywhere near being decided as yet ?

What is a Notice of Supplemental Authority?

I work for a death penalty commission tracking the appeals in federal and state court for a number of cases. In one case, I noticed a Habeas Petition was filed in the US District Court. After a response to the petition was filed by the state, the defendant’s counsel filed a “Notice of Supplemental Authority and Supplemental Excerpt to Petition for Writ of Habeas Corpus.” Is this similar to an amended petition… is it referencing new case law? Any information would help.

In a case against an University for delay of revaluation of results…?

does the student file a case under PIL or Writ Petition.What laws can be applied?

Which of the following is a true statement about a writ of certiorari?

A. Only a plaintiff can petition for it
B.Only a defendant can petition for
C.the supreme court must grant cert for all requests
D.the supreme court cert in alimited numbers of instances?

Independence of the Judicial branch is ensured by the
1. manner in which federal judges are chosen
2. terms federal judges serve
3. salaries of federal judges
4. all of the above

Judy sues Ralph concerning violations of federal copyright laws in federal court for the Northern District of?

Judy sues Ralph concerning violations of federal copyright laws in federal court for the Northern District of Illinois. Ralph’s witnesses are all in southern Illinois, so he would like the case moved. What should he do? A) Ask to remove the case to state court B) Ask for a change of venue C) Ask for summary judgment D) Petition for a writ of certiorari E) All of the above would be applicable.

What legal relief has this person got?

An Indian citizen was denied employment by a company arbitrarily (for no valid reason).
What legal relief has he got? Can he file a writ petition to get his job?

What should be interpretation of this order?

” As an interim measure, it is directed that any action taken by the respondents as regards drawing fresh list of short-listed brands or disallowing other brands shall be subject to result of this writ petition.”

Whether an Appeal lies against an order of State Information Commission under RTI Act, 2005?

Being aggrieved can an individual file writ petition against any order passed by the State Information Commission (after hearing) under Right To Information Act, 2005?

what r the benefits of “writ petitions” ??

human rights and principle of natural justice?

i was terminated on administrative grounds from a government organisation under ‘services no longer required’.the same was challenged in high court but was dismissed citing a earlier judgement in supreme court.after five years,can i file a writ petition in supreme court challenging the high court single judge order as i have come across few amendments to the policy of termination and also i am not eligible for employment in any other government organisation due to this unlawful termination.please help.

Converse high tops???

I’m going on vacation in a few days and tonight I’m going shopping for a good pair of walking shoes. I really want to get a pair of high top converse and put insoles in them. If I did that would that make them good walking shoes? I can’t put insoles in my low tops because the tops are…..too low lol

heels keep slipping out of high heels?

My heels keep slipping out of my high heels! The shoe fits perfectly but they still slip.
I’ve tried the insoles on front and back and it doesnt work for me, it just makes the shoe tighter so I can’t wear them. Help?

Shoe care and recommendations?

I have had a particular pair of shoes for about four years. They are black leather slip on shoes that vaguely resemble “boots”. They are nice enough to wear to the office and rugged enough to wear for long periods of time. However, after four years of wearing them for 8-16 hours a day, 5-7 days a week (and at one job for almost 3 years I was predominantly standing in them), they are not doing so well. They are wrinkled and stretched out, the cloth and foam supporting the heel has worn away, and I have to replace the insoles every 3-4 months.

So here are my questions:

How long is too long to keep a pair of shoes? I am starting to wonder, if insoles cost about $10, so $30-40 a year and the shoes cost $80, I am starting to waste my money.

Next: What are some tips on taking care of leather shoes, and shoes in general, to make them last longer.

Last: What is a good brand of work shoe? They have to be available in wide width, be comfortable, and have good ankle and arch support!

Thanks!

High heels and high arched feet?

I usually wear flats but I found the perfect pair of heels. The problem is that my feet are pretty arched/wide and these heels are 3.8 inches high. My feet keep sliding towards the front and concentrating all my weight on the front of shoe. I’ve looked in stores like walmart, target, and cvs for some arched insoles but can’t seem to find any. Do you have some tips on where to find items that will alleviate my discomfort? thanks!

How do you make high heels smaller ? ?

im wearing black four inch high heels for a pageant but I’m borrowing them. I have foam padding at the heels. The shoe is a size 7 1/2 but I’m a 6 or 6 1/2. I have heel lining and the half insoles on. Since im wearing a long gown in them you cant see the foam padding, but it starts to wear down after a while and i don’t wanna trip on stage

running spikes cushioning?

in my running shoes that are trainers have cushioned insoles to prevent injurey…. but ive gone into sprinting recently and my spikes dont seem to told much protection and thursdays session leaded in my foot hurting ¬¬ can you get coushioned insoles for spike or special socks os some sort

….. like give me a link please?

why do my heels and arch under my feet always hurt?

ok soo i use to skateboard every day and i quit for about a year and playd world of warcraft and wasint very active and i just started skating again and my heel feels like its really badly bruised but theres no signs of a bruis and it really hurts when i pinch the sides of my heel. also the arch under my food feels like its burning/stinging and some times my heel and arch hurt soo bad i cant evan walk specialy when i wake up? i tried getting new shoes with bet ter insole and arch but didint help at all

Three questions regarding USMC Marine Recruitment: Contacts, Bad Knee, and Flat Feet.?

I’m am very interested in joining the marines. However, I have a few complications I would love answered.

1)I have bad vision. It is corrected 20/20 with contact lenses. Can I wear my contact lenses through training and while on active duty?

2)I am flat footed. I have “fusion foot” which means I have absolutely no arch. I do have insoles I wear in my running shoes but I don’t need them. I played football through high school and was a JuCo prospect, so it hasn’t stopped me yet. Will this disqualify me?

3)My senior year of football I had a knee injury. My patella(kneecap) dislocated. I had athroscopic surgery to repair the tendon holding it in place, and a lateral release on the opposing side to keep it from pulling out of place. Regardless, I am at 100% strength with no complications. I do have a brace I have been wear for injury prevention, but I feel I can operate 110% without it.

Does anyone get inner ankle pain (or any pain) when they run?

I’m getting ready for BMT, and I’ve noticed that after running, I sometimes feel some pain in my inner ankle. I also noticed that it hurts (more bothersome than “I’m gonna die” pain) in the mornings when I first wake-up and them sort of dulls throughout the day. Some days I can run without any pain, and other I can’t. My friends says I “bounce” when I run, but to me, there is not other way to run (I look at people and they all seem to “jump/bounce” when they run). Anyone have this problem. Are there special insoles for this or particular running shoes. I’ve heard the Brooks Ariel is good (I have flat feet), and insight on what this could be?

Thanks!

Flat feet — what can I do?

Hey, there. I’m 19, female, and going into my second year of college. I found out about two years ago that I have flexible flat feet. My parents never noticed and I always just thought it was normal; we probably wouldn’t have noticed if I hadn’t sprained my ankle and gone to get physical therapy.

My feet don’t normally hurt, but if I stand/walk long distances or for a fair amount of time, I have to start taking frequent breaks because it’ll hurt. I’m a little worried because I plan on walking to all of my classes this coming school year.

So my question is, does anyone know if there are any specific kinds of shoes that might help, or maybe insoles or anything that might make it easier for my feet?

Thanks!