Wednesday, February 22, 2006
MY LETTER TO PRIME MINISTER OF INDIA ON DELAYED JUSTICE & COURTS
To.
Dr. Manmohan Singh,
Hon’ble Prime Minister of India
Central Civil Secretariat, 15 February 2006
Union Government of India,
NEW DELHI
Dear Sir,
Subject: Delayed Justice & Accountability of Judiciary.
1. That it is needless to remind your kind honor that the survival of democracy, or for that matter any civic society revolves around justice. But the present state of affairs in our country are not conducive to provide desired justice. I am fighting in the courts of land for justice for the last ten years and a worst sufferer of the system like many of the co-citizens of this country.
2. Bureaucracy hampering justice to people:
Why? Because it is their best bet to protect corruption for which they exist and promote their own class.
The public aggrieved by various departments of Governments, public under takings, statutory bodies form the major chunk of litigation in courts; if the cause lists of superior courts of land are seen. Therefore, the government machinery; especially bureaucracy is responsible for burdening of courts of land. The bureaucrats, under the shield of administrative discretion, have no liability in litigation as the office fights the case on their behalf or for their actions. Mostly the bureaucrat responsible for litigation retires by the time the cases spurt during his tenure are decided by courts. It is the experienced bureaucracy in Government that frames policies and obtains the stamp of polity most of whom are inadequately trained and experienced in comparison to bureaucrats. It is this bureaucracy that ensures delay in implementation of Government policies. Therefore, I find fault with this bureaucracy, in coherence with the majority of our society including the non-resident Indians, in hampering the process of timely justice to the people of this country. I see their hidden role in jettisoning the process of creation of new posts of judicial officers, new courts, speedy disposal of cases by the Honorable courts of the land, even leaving loop holes in our laws. Hence, I appeal to your kind honor to ensure that this section of the Government is kept at arm length in creation of new posts of judicial officers, new courts, making new laws etc.
3. Infiltration of bureaucracy into Judiciary:
Every section of our society is tired of our indolent and thick skinned bureaucracy that abets sycophancy and promotes its own class. It is high time that the Government of India initiates certain steps to check the galloping mad horse - i.e. Indian bureaucracy by removing state cadre and introducing inter state transfers if it can not be eliminated as has been done in Pakistan.
Right to Information Act, 2005; according to me is the major starting point of infiltration of bureaucracy into judiciary as the appellate authorities under the said Act are bureaucrats. The other day, the Haryana State Information Commissioner, Mr. G. Mahavan, a retired bureaucrat; publicly justified the decision of Government of Haryana in fixing higher fees structure under the said Act. Can the people hope to receive justice from such State Information Commissioners? At the first place, the retired bureaucrats should not be opted for any judicial postings including as Administrative Members of Central Administrative Tribunals (CATs) as this would abet sycophancy. It is unfortunate that even the most respectable higher judiciary is publicly canvassing for the appointment of retired bureaucrats as judges to clear the back log in superior courts. But this will cause more damage to the system( reasons given below). Rather, the Union Government should have provided for the appointment of independent State Information Commissioners from the community of lawyers by way of appointments through Union Public Service Commission. I therefore, request you to kindly ensure that such infiltration of bureaucracy into judiciary do not take place.
4. Development Versus Delayed Desired Justice:
Where our leaders are leading us?
Development of society with out justice is meaningless. Would any one appreciate a society of flourishing robbers just because such robbers are becoming wealthy (immorally and illegally)?
I am herewith enclosing the clipping of a news item published on the front page of the Chandigarh Newsline dated 14.2.2006. By this it is evident more often than not that the litigant who initiates a legal proceeding will not see justice in his life time even after 60 years of independence. So if our democratic set up of governance can not provide justice, do the isolated members of our society have any option? Who all are responsible for this lapse? None other than you Sir. Because you, the Prime Minister of India, for that matter all those who held and will hold the post of the Prime Minister shall be responsible for providing desired justice. In order to bring to your immediate kind attention I am here below listing the factors contributing to delayed justice, perhaps that are already in your knowledge, with a request to immediately initiate steps to eliminate these factors even at the expense of development projects. Because development of a nation is meaningless where justice is delayed and denied. Will it be justified and humane to build a palace for the public use, under the guise of development, on the corpse of the owner of the land from whom the land is snatched illegally depriving his human rights and desired justice to him? This exactly is what happening in our country today. The rights of the people are snatched and when such effected section of our society opts for justice in our courts, justice will not be given to them during their life time.
That the Hon’ble Law Minister, on the other day at Rhotak announced that Government of India will spend Rs. 1000 Crores for building electronic law libraries across the country. Now may I ask you sir, whether these electronic libraries are of top priority or clearing back log in courts is of top priority? Why the Government should not spend these Rs. 1000 crores for creating new courts, expanding the existing courts etc? even if these funds are inadequate for the entire country. At least some sections will be better of if this money is diverted for betterment of courts. Can’t the lawyers manage without these electronic libraries for some more time? It is nothing but the Law Minister who is from the community of lawyers is trying to add feathers to his cap from his own coterie. I consider the said move of the Law Minster a cheap gimmick of well known political publicity and stunt. Kindly control the policies framed by your law minister along with himself.
5. Multiplication of laws without the multiplication of courts:
Multiplication of laws by enactment is not a solution to justice. But their implementation is. More the laws, more the litigation. Therefore the Government of India should take this aspect into consideration while enacting new laws and proportionately increase the number of courts to meet the increased litigation that is not presently done. This aspect though has been taken care of while enacting Right to Information Act, 2005 that is inadequate and deserves to be maintained and improved.
6. VACANCIES OF JUDICIAL OFFICERS:
Leave aside of creating new posts of judicial officers. The existing posts are deliberately not filled under the guise of shortage of funds. Why the various Chief Ministers of our country find a charm in canvassing in foreign lands for attracting FDIs and NRIs to invest in Development Projects neglecting justice? Why such efforts are not made by the polity of our country to improve justice delivery mechanism and building new courts to meet ever increasing litigation? In this I see a motive of self-interest not a public cause. I appeal to you to arrange donations by invitation from foreign lands for improving the justice delivery system of our nation. Though your Hon’ble Law Minister has been publicly vocal about appointing judges, there is no progress on ground level. Appointments to Hon’ble Punjab & Haryana High Court were promised by January 2006. But it may be several more months or who knows may be several years before we see all the benches of said Hon’ble High court fully function. Sir, only the litigant knows what the suffering in courts is! Alas I wish the polity had been a victim of ordeal in courts. A solder dying for a nation knows what the sacrifice is! The politicians announcing the awards on the dead solders will not know what a death is like! I wish such politicians experience death first and then announce the awards. It is indeed easily said than done.
7. Hon’ble judges are after all humans, don’t do injustice to our Hon’ble justices:
I understand that cases listed before a bench of Hon’ble Supreme Court of India are limited to between 65 and 70 per day. But no such limit is practiced in other courts of land. I have been a witness to the statements made by judicial officers in courts that they are also human beings and thus can not handle cases ranging upto and beyond 7000. The nature has put a limitation even on the Lords as they are also like any other humans. Thus they are no exception as far as natural resources such as brain and capacity to work are concerned. Hence let the government be not impartial to them. Kindly do not do injustice to justices because our Justices can not correct themselves this injustice to them. It is you who can do this justice to our Justices. So kindly do it at the earliest as it is not only taking the health of our individual Justices but also that of our society.
8. Disposal at the cost of quality Justice:
The Hon’ble Superior Courts of Justice of our country insist on a very high quality of documentation. The cases failing to meet the documentation standards are out rightly returned. But is the same quality standard maintained in delivering justice? In my experience not.
In view of the increased load, perhaps the Hon’ble courts of our country are concentrating more on statistics of disposal. They want to get rid of extra burden by way of dismissals. Perhaps the Hon’ble courts are finding slightest excuse to dismiss a case. Therefore, the litigants are required to be more careful. Even the counsel arguing the cases are put under terrible pressure at the time of arguments due to time constraint. In the process, the litigant suffers should the counsel fail to plead and argue in a pin pointed manner. This requires extraordinary skill in arguing the case that every other advocate do not possess. I have seen a number of even senior advocates miserably failing in this area. The laws of our land are such that it is difficult to distinguish the thin line of constructive criticism of judiciary/courts and contempt of courts. This is evident from the final out come of cases from various courts of our country. This is a very unfortunate and alarming situation that needs immediate attention of the Government. The judiciary should emphasize on qualitative judgments rather than statistics. Litigants are not approaching the Hon’ble courts for the betterment of statistics of the courts but for justice. I have also felt the sense of judiciary protecting the government machinery where there is an absence of public outcry or publicity. The cases that are largely in the public eye are only given due care by the Hon’ble courts. Thus the poor individuals have become victims and silent sufferers.
9. One word dismissal orders:
It is unfortunate that even when many questions of law are raised, with out answering such questions of law; about which special mention is made in every petition, the Hon’ble superior courts of our country pass simple one word dismissal orders in a number of cases. Therefore, it is necessary that the government should enforce laws that make the Hon’ble courts to detail the reasons for dismissal and also answer the questions of law raised in the petition. Till then the Hon’ble Chief Justices of various High Courts and Supreme Court of India may kindly ensure that the questions of law raised in a petition must be answered even when the petition is dismissed. From this it is evident that even constitutional authorities are no exception to the proverb “Err is human”.
10. Errors in the orders/judgments of Hon’ble Courts contributing to delay:
I have been a victim of errors in the orders of Courts especially that of lower courts. First it is difficult to get movement of the case due to unending adjournments. When the case is brought to movement, I have been mostly suffering on account of errors in the orders. To get the errors rectified, another petition and some times appeals have to be filed. This many a time attracts the ire of presiding officer. Why the litigant should be made to bear this burnt of errors of our courts. I attribute this lapse to the poor quality of appointments to the post of judicial officers at the lower courts. This factor is also contributing to the delay in courts. Therefore, the judicial officers should be made accountable for such errors as the litigants some times put their life time earnings in fighting court cases not for erroneous orders; more so when the errors are recurring in the same case that is more serious.
11. Presiding Officers refusing to hear the matters contributing to delay:
In a number of instances, the Hon’ble Judges, refuse to hear the matters without giving/recording reasons some times. Further, even when requested, such presiding officers/ Judges even refuse to fix the next date of hearing in the case and in such cases, the registry of the concerned court takes its own time in putting the file for the orders of Hon’ble Chief Justice for changing bench and fixing next date of hearing; even when the rules of the concerned court prescribe time limits. In such instances, unless the litigant pursues, the case gets delayed by several months. Therefore I feel that it is necessary for the government to ensure and make it mandatory in the event that a Presiding officer refuses to hear a particular case, the reasons for not hearing the matter before him/her should be recorded by the Presiding officer. This is necessary in view that when a litigant wants the change of a presiding officer, the Hon’ble courts see him with suspicion and demand reasons from him. On the other hand, the instances of corruption in judiciary even in isolated instances can not be over looked. When a Judicial Officer is given the liberty not to take up a particular case, why the same liberty should not be available to a litigant with out assigning any reason. Our Hon’ble presiding officers are seen as Ceasur’s wife and it is in the interest of society that the Hon’ble members of judiciary meet the expectations of their fellow men.
12. Reserved Judgments contributing to delay:
Perhaps for giving a detailed, well reasoned order supported with case law, some times the higher judiciary reserve judgments. But in certain cases such reservation exceed all time limits and it takes several months for the pronouncement of orders. A number of litigants suffer on this account that contributes to delayed justice. Therefore, I appeal to all the concerned to ensure timely pronouncement of judgment within one month of final arguments in the event of reserving a judgment. Failing to do so, the Presiding officer, irrespective of authority and position enjoyed by him should be made accountable and answerable to the pubic.
13. Lapses in our Civil Procedure Code [CPC] contributing to delayed justice:
(a) That the bulk of civil litigation in our courts revolve around the CPC. The amendments to CPC brought out by the Government from time to time especially by Act No. 22 of 2002 have proved to be futile. For example, the Rule 1 of Order VIII prescribes that the defendant shall, with in thirty days from the date of service of summons on him, present a written statement of his defence. Where as Rule 10 of Order VIII prescribes that where any party from whom a written statement is required under Rule 1 or Rule 9 fails to present the same within the time permitted or fixed by the Court, as the case may be, the court shall pronounce the judgment against him, or make such order relating to the suit as it thinks fit and on the pronouncement of such judgment a decree shall be drawn up. Here, the loop hole lies in the Rule 10 of Order VIII. Why the CPC is let loose by leaving the matter of filing written statement to the discretion of courts? This is mostly exploited by the defendant advocates. Ultimately the plaintiff is suffering.
(b) Similarly the Rule 2 of Order XII of CPC concerning Admission was amended that is ineffective and is contributing to delay in justice. This rule provides a time period of seven days from the date of service of notice to admit. But this is seldom followed. There is no law but for discretion of the court to take the violators to task. When such violators happen to be from Government, the court seldom interferes. In my case, I am suffering on this account of loop hole in law. It is more than two years since I filed an application for admission. The court is giving a very long rope to the defendants. The concerned Hon’ble court is not even considerate to grant costs to the plaintiff since the defendants happen to be members of Government. Going by this, I have lost hope of seeing justice in this case during my life time. This case is currently pending in one of the Hon’ble lower courts at Chandigarh.
© Unending ADJOURNMENTS causing delays:
Order XVII of CPC provides for adjournments that is abused fully by the vested parties. As a result, I suggest that the Government should amend this order curtailing the powers of courts to grant unlimited adjournments. Even where the law requires that while granting adjournments, reasons should be recorded in writing, the said provision is seldom followed by courts. This is mainly because the Hon’ble judiciary is not made accountable for granting unreasoned adjournments. Adjournments are granted at the drop of a hat.
I suggest that
(i) the government should amend the CPC again to make the filing of written statements where necessary under the above said Rule of CPC; a cognizable offence under Indian Penal Code and the defaulters be made to pay heavy costs to the other party by mandatory provisions of law. It should not be left to the discretion of Hon’ble courts and Hon’ble judiciary;
(ii) As far as various provisions of CPC, empowering the judiciary to grant time and relief, without assigning reasons, the same should be immediately curtailed and the judicial officers should be made accountable;
(iii) A limit of not exceeding 5 (five) adjournments should be capped to the petitioners or respondents each. If any of these two category wants adjournment beyond this limit, the same should be granted at a reasonable cost but such adjournments in any even should not exceed 5 (five). This be made mandatory by provisions of law;
14. Cr. P. C. (Damages & Defamation):
I suggest that law relating to defamation and damages should be amended as the present law suits only a rich man who can afford to pay stamp duty. The poor members of our society who can not afford to pay advance stamp duty in cases of claiming damages take the injustice with a heavy pinch of salt. Though the case law brought some changes, kindly amend the law to take care of the poor sections of society who can not afford such litigation. Are the poor and economically not well placed not susceptible to defamation and a claim for damages? As far as law relating to damages are concerned, in view of globalization in every field, it is high time that we immediately follow the law of United State of America as far as damages are concerned.
in all the events, the time has come that judicial officers need be made accountable at all levels.
Looking forward to hearing from you and hope that this representation will receive your kind attention.
Thanking you.
Yours faithfully,
Sd/-
(K. SAAIEBABA)
Dr. Manmohan Singh,
Hon’ble Prime Minister of India
Central Civil Secretariat, 15 February 2006
Union Government of India,
NEW DELHI
Dear Sir,
Subject: Delayed Justice & Accountability of Judiciary.
1. That it is needless to remind your kind honor that the survival of democracy, or for that matter any civic society revolves around justice. But the present state of affairs in our country are not conducive to provide desired justice. I am fighting in the courts of land for justice for the last ten years and a worst sufferer of the system like many of the co-citizens of this country.
2. Bureaucracy hampering justice to people:
Why? Because it is their best bet to protect corruption for which they exist and promote their own class.
The public aggrieved by various departments of Governments, public under takings, statutory bodies form the major chunk of litigation in courts; if the cause lists of superior courts of land are seen. Therefore, the government machinery; especially bureaucracy is responsible for burdening of courts of land. The bureaucrats, under the shield of administrative discretion, have no liability in litigation as the office fights the case on their behalf or for their actions. Mostly the bureaucrat responsible for litigation retires by the time the cases spurt during his tenure are decided by courts. It is the experienced bureaucracy in Government that frames policies and obtains the stamp of polity most of whom are inadequately trained and experienced in comparison to bureaucrats. It is this bureaucracy that ensures delay in implementation of Government policies. Therefore, I find fault with this bureaucracy, in coherence with the majority of our society including the non-resident Indians, in hampering the process of timely justice to the people of this country. I see their hidden role in jettisoning the process of creation of new posts of judicial officers, new courts, speedy disposal of cases by the Honorable courts of the land, even leaving loop holes in our laws. Hence, I appeal to your kind honor to ensure that this section of the Government is kept at arm length in creation of new posts of judicial officers, new courts, making new laws etc.
3. Infiltration of bureaucracy into Judiciary:
Every section of our society is tired of our indolent and thick skinned bureaucracy that abets sycophancy and promotes its own class. It is high time that the Government of India initiates certain steps to check the galloping mad horse - i.e. Indian bureaucracy by removing state cadre and introducing inter state transfers if it can not be eliminated as has been done in Pakistan.
Right to Information Act, 2005; according to me is the major starting point of infiltration of bureaucracy into judiciary as the appellate authorities under the said Act are bureaucrats. The other day, the Haryana State Information Commissioner, Mr. G. Mahavan, a retired bureaucrat; publicly justified the decision of Government of Haryana in fixing higher fees structure under the said Act. Can the people hope to receive justice from such State Information Commissioners? At the first place, the retired bureaucrats should not be opted for any judicial postings including as Administrative Members of Central Administrative Tribunals (CATs) as this would abet sycophancy. It is unfortunate that even the most respectable higher judiciary is publicly canvassing for the appointment of retired bureaucrats as judges to clear the back log in superior courts. But this will cause more damage to the system( reasons given below). Rather, the Union Government should have provided for the appointment of independent State Information Commissioners from the community of lawyers by way of appointments through Union Public Service Commission. I therefore, request you to kindly ensure that such infiltration of bureaucracy into judiciary do not take place.
4. Development Versus Delayed Desired Justice:
Where our leaders are leading us?
Development of society with out justice is meaningless. Would any one appreciate a society of flourishing robbers just because such robbers are becoming wealthy (immorally and illegally)?
I am herewith enclosing the clipping of a news item published on the front page of the Chandigarh Newsline dated 14.2.2006. By this it is evident more often than not that the litigant who initiates a legal proceeding will not see justice in his life time even after 60 years of independence. So if our democratic set up of governance can not provide justice, do the isolated members of our society have any option? Who all are responsible for this lapse? None other than you Sir. Because you, the Prime Minister of India, for that matter all those who held and will hold the post of the Prime Minister shall be responsible for providing desired justice. In order to bring to your immediate kind attention I am here below listing the factors contributing to delayed justice, perhaps that are already in your knowledge, with a request to immediately initiate steps to eliminate these factors even at the expense of development projects. Because development of a nation is meaningless where justice is delayed and denied. Will it be justified and humane to build a palace for the public use, under the guise of development, on the corpse of the owner of the land from whom the land is snatched illegally depriving his human rights and desired justice to him? This exactly is what happening in our country today. The rights of the people are snatched and when such effected section of our society opts for justice in our courts, justice will not be given to them during their life time.
That the Hon’ble Law Minister, on the other day at Rhotak announced that Government of India will spend Rs. 1000 Crores for building electronic law libraries across the country. Now may I ask you sir, whether these electronic libraries are of top priority or clearing back log in courts is of top priority? Why the Government should not spend these Rs. 1000 crores for creating new courts, expanding the existing courts etc? even if these funds are inadequate for the entire country. At least some sections will be better of if this money is diverted for betterment of courts. Can’t the lawyers manage without these electronic libraries for some more time? It is nothing but the Law Minister who is from the community of lawyers is trying to add feathers to his cap from his own coterie. I consider the said move of the Law Minster a cheap gimmick of well known political publicity and stunt. Kindly control the policies framed by your law minister along with himself.
5. Multiplication of laws without the multiplication of courts:
Multiplication of laws by enactment is not a solution to justice. But their implementation is. More the laws, more the litigation. Therefore the Government of India should take this aspect into consideration while enacting new laws and proportionately increase the number of courts to meet the increased litigation that is not presently done. This aspect though has been taken care of while enacting Right to Information Act, 2005 that is inadequate and deserves to be maintained and improved.
6. VACANCIES OF JUDICIAL OFFICERS:
Leave aside of creating new posts of judicial officers. The existing posts are deliberately not filled under the guise of shortage of funds. Why the various Chief Ministers of our country find a charm in canvassing in foreign lands for attracting FDIs and NRIs to invest in Development Projects neglecting justice? Why such efforts are not made by the polity of our country to improve justice delivery mechanism and building new courts to meet ever increasing litigation? In this I see a motive of self-interest not a public cause. I appeal to you to arrange donations by invitation from foreign lands for improving the justice delivery system of our nation. Though your Hon’ble Law Minister has been publicly vocal about appointing judges, there is no progress on ground level. Appointments to Hon’ble Punjab & Haryana High Court were promised by January 2006. But it may be several more months or who knows may be several years before we see all the benches of said Hon’ble High court fully function. Sir, only the litigant knows what the suffering in courts is! Alas I wish the polity had been a victim of ordeal in courts. A solder dying for a nation knows what the sacrifice is! The politicians announcing the awards on the dead solders will not know what a death is like! I wish such politicians experience death first and then announce the awards. It is indeed easily said than done.
7. Hon’ble judges are after all humans, don’t do injustice to our Hon’ble justices:
I understand that cases listed before a bench of Hon’ble Supreme Court of India are limited to between 65 and 70 per day. But no such limit is practiced in other courts of land. I have been a witness to the statements made by judicial officers in courts that they are also human beings and thus can not handle cases ranging upto and beyond 7000. The nature has put a limitation even on the Lords as they are also like any other humans. Thus they are no exception as far as natural resources such as brain and capacity to work are concerned. Hence let the government be not impartial to them. Kindly do not do injustice to justices because our Justices can not correct themselves this injustice to them. It is you who can do this justice to our Justices. So kindly do it at the earliest as it is not only taking the health of our individual Justices but also that of our society.
8. Disposal at the cost of quality Justice:
The Hon’ble Superior Courts of Justice of our country insist on a very high quality of documentation. The cases failing to meet the documentation standards are out rightly returned. But is the same quality standard maintained in delivering justice? In my experience not.
In view of the increased load, perhaps the Hon’ble courts of our country are concentrating more on statistics of disposal. They want to get rid of extra burden by way of dismissals. Perhaps the Hon’ble courts are finding slightest excuse to dismiss a case. Therefore, the litigants are required to be more careful. Even the counsel arguing the cases are put under terrible pressure at the time of arguments due to time constraint. In the process, the litigant suffers should the counsel fail to plead and argue in a pin pointed manner. This requires extraordinary skill in arguing the case that every other advocate do not possess. I have seen a number of even senior advocates miserably failing in this area. The laws of our land are such that it is difficult to distinguish the thin line of constructive criticism of judiciary/courts and contempt of courts. This is evident from the final out come of cases from various courts of our country. This is a very unfortunate and alarming situation that needs immediate attention of the Government. The judiciary should emphasize on qualitative judgments rather than statistics. Litigants are not approaching the Hon’ble courts for the betterment of statistics of the courts but for justice. I have also felt the sense of judiciary protecting the government machinery where there is an absence of public outcry or publicity. The cases that are largely in the public eye are only given due care by the Hon’ble courts. Thus the poor individuals have become victims and silent sufferers.
9. One word dismissal orders:
It is unfortunate that even when many questions of law are raised, with out answering such questions of law; about which special mention is made in every petition, the Hon’ble superior courts of our country pass simple one word dismissal orders in a number of cases. Therefore, it is necessary that the government should enforce laws that make the Hon’ble courts to detail the reasons for dismissal and also answer the questions of law raised in the petition. Till then the Hon’ble Chief Justices of various High Courts and Supreme Court of India may kindly ensure that the questions of law raised in a petition must be answered even when the petition is dismissed. From this it is evident that even constitutional authorities are no exception to the proverb “Err is human”.
10. Errors in the orders/judgments of Hon’ble Courts contributing to delay:
I have been a victim of errors in the orders of Courts especially that of lower courts. First it is difficult to get movement of the case due to unending adjournments. When the case is brought to movement, I have been mostly suffering on account of errors in the orders. To get the errors rectified, another petition and some times appeals have to be filed. This many a time attracts the ire of presiding officer. Why the litigant should be made to bear this burnt of errors of our courts. I attribute this lapse to the poor quality of appointments to the post of judicial officers at the lower courts. This factor is also contributing to the delay in courts. Therefore, the judicial officers should be made accountable for such errors as the litigants some times put their life time earnings in fighting court cases not for erroneous orders; more so when the errors are recurring in the same case that is more serious.
11. Presiding Officers refusing to hear the matters contributing to delay:
In a number of instances, the Hon’ble Judges, refuse to hear the matters without giving/recording reasons some times. Further, even when requested, such presiding officers/ Judges even refuse to fix the next date of hearing in the case and in such cases, the registry of the concerned court takes its own time in putting the file for the orders of Hon’ble Chief Justice for changing bench and fixing next date of hearing; even when the rules of the concerned court prescribe time limits. In such instances, unless the litigant pursues, the case gets delayed by several months. Therefore I feel that it is necessary for the government to ensure and make it mandatory in the event that a Presiding officer refuses to hear a particular case, the reasons for not hearing the matter before him/her should be recorded by the Presiding officer. This is necessary in view that when a litigant wants the change of a presiding officer, the Hon’ble courts see him with suspicion and demand reasons from him. On the other hand, the instances of corruption in judiciary even in isolated instances can not be over looked. When a Judicial Officer is given the liberty not to take up a particular case, why the same liberty should not be available to a litigant with out assigning any reason. Our Hon’ble presiding officers are seen as Ceasur’s wife and it is in the interest of society that the Hon’ble members of judiciary meet the expectations of their fellow men.
12. Reserved Judgments contributing to delay:
Perhaps for giving a detailed, well reasoned order supported with case law, some times the higher judiciary reserve judgments. But in certain cases such reservation exceed all time limits and it takes several months for the pronouncement of orders. A number of litigants suffer on this account that contributes to delayed justice. Therefore, I appeal to all the concerned to ensure timely pronouncement of judgment within one month of final arguments in the event of reserving a judgment. Failing to do so, the Presiding officer, irrespective of authority and position enjoyed by him should be made accountable and answerable to the pubic.
13. Lapses in our Civil Procedure Code [CPC] contributing to delayed justice:
(a) That the bulk of civil litigation in our courts revolve around the CPC. The amendments to CPC brought out by the Government from time to time especially by Act No. 22 of 2002 have proved to be futile. For example, the Rule 1 of Order VIII prescribes that the defendant shall, with in thirty days from the date of service of summons on him, present a written statement of his defence. Where as Rule 10 of Order VIII prescribes that where any party from whom a written statement is required under Rule 1 or Rule 9 fails to present the same within the time permitted or fixed by the Court, as the case may be, the court shall pronounce the judgment against him, or make such order relating to the suit as it thinks fit and on the pronouncement of such judgment a decree shall be drawn up. Here, the loop hole lies in the Rule 10 of Order VIII. Why the CPC is let loose by leaving the matter of filing written statement to the discretion of courts? This is mostly exploited by the defendant advocates. Ultimately the plaintiff is suffering.
(b) Similarly the Rule 2 of Order XII of CPC concerning Admission was amended that is ineffective and is contributing to delay in justice. This rule provides a time period of seven days from the date of service of notice to admit. But this is seldom followed. There is no law but for discretion of the court to take the violators to task. When such violators happen to be from Government, the court seldom interferes. In my case, I am suffering on this account of loop hole in law. It is more than two years since I filed an application for admission. The court is giving a very long rope to the defendants. The concerned Hon’ble court is not even considerate to grant costs to the plaintiff since the defendants happen to be members of Government. Going by this, I have lost hope of seeing justice in this case during my life time. This case is currently pending in one of the Hon’ble lower courts at Chandigarh.
© Unending ADJOURNMENTS causing delays:
Order XVII of CPC provides for adjournments that is abused fully by the vested parties. As a result, I suggest that the Government should amend this order curtailing the powers of courts to grant unlimited adjournments. Even where the law requires that while granting adjournments, reasons should be recorded in writing, the said provision is seldom followed by courts. This is mainly because the Hon’ble judiciary is not made accountable for granting unreasoned adjournments. Adjournments are granted at the drop of a hat.
I suggest that
(i) the government should amend the CPC again to make the filing of written statements where necessary under the above said Rule of CPC; a cognizable offence under Indian Penal Code and the defaulters be made to pay heavy costs to the other party by mandatory provisions of law. It should not be left to the discretion of Hon’ble courts and Hon’ble judiciary;
(ii) As far as various provisions of CPC, empowering the judiciary to grant time and relief, without assigning reasons, the same should be immediately curtailed and the judicial officers should be made accountable;
(iii) A limit of not exceeding 5 (five) adjournments should be capped to the petitioners or respondents each. If any of these two category wants adjournment beyond this limit, the same should be granted at a reasonable cost but such adjournments in any even should not exceed 5 (five). This be made mandatory by provisions of law;
14. Cr. P. C. (Damages & Defamation):
I suggest that law relating to defamation and damages should be amended as the present law suits only a rich man who can afford to pay stamp duty. The poor members of our society who can not afford to pay advance stamp duty in cases of claiming damages take the injustice with a heavy pinch of salt. Though the case law brought some changes, kindly amend the law to take care of the poor sections of society who can not afford such litigation. Are the poor and economically not well placed not susceptible to defamation and a claim for damages? As far as law relating to damages are concerned, in view of globalization in every field, it is high time that we immediately follow the law of United State of America as far as damages are concerned.
in all the events, the time has come that judicial officers need be made accountable at all levels.
Looking forward to hearing from you and hope that this representation will receive your kind attention.
Thanking you.
Yours faithfully,
Sd/-
(K. SAAIEBABA)
Wednesday, September 14, 2005
CORRUPTION IN INDIA
CORRUPTION in India is so rampent that is breaking the backbone of Indian economy. Every citizen is a victim of corruption. Fighting corruption in a society is like fighting a monster. Join hands to fight this evil in the interest of this globe.
By Z.B. Rupestrian
The Genesis:
Material desires, in order to satiate body, mind and social needs; drive unscrupulous Government employees to amass illegal wealth. This is an out come of low morals. The desire to prevail up on or dominate fellow human beings in order to show supremacy, forces human beings to commit immoral acts such as corruption. There exist a coterie of individuals desiring supremacy over fellow humans by hook or crook in Indian politics. Such politicians in power exert pressure on Government bureaucracy and other Government Officials to commit irregularities in order to generate illegal money that is required to remain in power or politics. I do not see any difference between a criminal committing heinous crime of rape and a government official indulged in corruption. Some such immoral politicians who want to remain in power search for remunerative departments in governments in terms of corruption. Such politicians want to become ministers of such remunerative departments. The politicians need a lot of money to fight elections in India. Many a politician are not fully supported financially by their political parties. A politician in India is required to spend from his pocket between an estimated US $ 100,000 to US $ 200,000 ( US $ is used for the convenience of global community) in a provincial state election (Member of Legislative Assembly) and between US $200,000 to US $300,000 in Union or national election (Member of Parliament). A political party head requires several million US dollars to keep his political folk together.
Mechanism of Corruption in India:
Part-I
Secretary (a Bureaucrat) to a Government Department is the senior most government officer next to minister/s in India. The illegal instruction to generate illegal money begins from the politician whether it is in terms of political party fund or a charity fund or a simple suction of money. The battalion of government officials below the minister do not limit their actions to pool the illegal money to the minister’s requirement alone but they include their individual requirements to fix the targeted illegal money to be raised. Thus if the demand to generate US $ 1 million surfaces at politician level, at ground level this figure swells to ten times. It does not mean all the officials down the lane are corrupt. Exceptions are always of course there though the percentage is negligible. Once an immoral government official finds that his superior is pressing for unreasonable and illegal official favours at work place, he tries to find means to make his ends good.
( To continue)
By Z.B. Rupestrian
The Genesis:
Material desires, in order to satiate body, mind and social needs; drive unscrupulous Government employees to amass illegal wealth. This is an out come of low morals. The desire to prevail up on or dominate fellow human beings in order to show supremacy, forces human beings to commit immoral acts such as corruption. There exist a coterie of individuals desiring supremacy over fellow humans by hook or crook in Indian politics. Such politicians in power exert pressure on Government bureaucracy and other Government Officials to commit irregularities in order to generate illegal money that is required to remain in power or politics. I do not see any difference between a criminal committing heinous crime of rape and a government official indulged in corruption. Some such immoral politicians who want to remain in power search for remunerative departments in governments in terms of corruption. Such politicians want to become ministers of such remunerative departments. The politicians need a lot of money to fight elections in India. Many a politician are not fully supported financially by their political parties. A politician in India is required to spend from his pocket between an estimated US $ 100,000 to US $ 200,000 ( US $ is used for the convenience of global community) in a provincial state election (Member of Legislative Assembly) and between US $200,000 to US $300,000 in Union or national election (Member of Parliament). A political party head requires several million US dollars to keep his political folk together.
Mechanism of Corruption in India:
Part-I
Secretary (a Bureaucrat) to a Government Department is the senior most government officer next to minister/s in India. The illegal instruction to generate illegal money begins from the politician whether it is in terms of political party fund or a charity fund or a simple suction of money. The battalion of government officials below the minister do not limit their actions to pool the illegal money to the minister’s requirement alone but they include their individual requirements to fix the targeted illegal money to be raised. Thus if the demand to generate US $ 1 million surfaces at politician level, at ground level this figure swells to ten times. It does not mean all the officials down the lane are corrupt. Exceptions are always of course there though the percentage is negligible. Once an immoral government official finds that his superior is pressing for unreasonable and illegal official favours at work place, he tries to find means to make his ends good.
( To continue)
