Functioning of (Trial) Courts
Signed 2/3000
Online Signatures: 2
To
Ministry of law& justice
Is the order of the Hon’ble HC should be seen in "The Letter & Spirit" or just as letters of the sentence?
In matters where there's a Direction by HC to conduct day-to-day trail and dispose of the matter under a specific time frame, how can the matter be adjourned to the next day by the Addnl. Judge without having any objective hearing of either the trial or the logical reason for seeking adjournment by the parties?
In a situation where the trail is delayed for 3 consecutive days without any meaningful hearings, can't the Judge proceed against the erring Party for willful default and decide on the next step in the given Case for speedy disposal of the matter as per the HC directions?
If the Court simply adjourns the case for the next day, just for the sake of fulfilling the obligations of daily trials (namesake), is it not an in-justice to the litigants /misleading the HC?
In the broader perspective of Justice, is it not a reflection on the Judiciary's Health?!
Moreover, in the specific case, if all these delay tactics being consciously conducted by the Principal Defendants of the suit before the passive Court, the Plaintiff/Petitioner will have any confidence over the Presiding officer of the Court on chances of getting Justice?
Is this not be seen as a measure of efficiency of the Judge in conducting the Court "effectively"?
Then, in such situations is it not advisable that, the Plaintiff/Petitioner rises to the occasion and point out the discrepancies of the court by bringing it before the appropriate Judicial Authority for a "just" redress and also in the general interest of the Society.
In matters where there's a Direction by HC to conduct day-to-day trail and dispose of the matter under a specific time frame, how can the matter be adjourned to the next day by the Addnl. Judge without having any objective hearing of either the trial or the logical reason for seeking adjournment by the parties?
In a situation where the trail is delayed for 3 consecutive days without any meaningful hearings, can't the Judge proceed against the erring Party for willful default and decide on the next step in the given Case for speedy disposal of the matter as per the HC directions?
If the Court simply adjourns the case for the next day, just for the sake of fulfilling the obligations of daily trials (namesake), is it not an in-justice to the litigants /misleading the HC?
In the broader perspective of Justice, is it not a reflection on the Judiciary's Health?!
Moreover, in the specific case, if all these delay tactics being consciously conducted by the Principal Defendants of the suit before the passive Court, the Plaintiff/Petitioner will have any confidence over the Presiding officer of the Court on chances of getting Justice?
Is this not be seen as a measure of efficiency of the Judge in conducting the Court "effectively"?
Then, in such situations is it not advisable that, the Plaintiff/Petitioner rises to the occasion and point out the discrepancies of the court by bringing it before the appropriate Judicial Authority for a "just" redress and also in the general interest of the Society.
The Petition was also marked to:
Chief justice of India
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Transforming IndiaOct 12