Courts must be answerable to Public through Parliament.
There is nothing like absolute freedom of Courts. The courts must live up to the aspirations and goals of the countrymen, who financially support their existence and have given them certain rights and prestige to administer justice. The word 'Justice' is not in isolation, but justice of right and wrong according to the ethics of the country's majority population. The majority will of the country is manifested in Parliament where a government is chosen by the majority and its performance is reviewed after every five years. The Courts therefore must be answerable to Parliament and be liable to be disciplined where necessary. On the contrary, few judges are most often self-appointed through adhoc system and till the die or get inactivated due to age continue to enjoy vast powers and are responsible to none for misuse of power of arbitrary performance of duty. It is ridiculous. In India people are losing faith in the Judicial system and neither courts enjoy any respect, but at the best are feared for their absolute power. This state will not long last and a day the cloud will burst. more
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" qualities, psychology, attitudes and characteristics required to be a successful judge are different than those required for to be an advocate." is the must for Higherups. The presentation of Sri Prakash Yadav on the below comment [mine] is appropriate that to be taken up while concluding Judicial Reforms that had been concluded through a whitepaper earlier by the Mother Circle . His every Sentence had the most important concept of Justice that is to be in practice and follow . I and some others already last year suggested for specific application to be considered on the Order i.e., based on Text , Objective, Concept and purpose of the particular Law which only leads towards every Justified . more
Aug 01
Judgment of performance of Parliamentary Rule by public became simply in its script as we had already witnessed, experienced. Main issue is that : S.C. is final interpreter and guardian of Constitution and is also the guardian of the Fundamental Rights of People. Truly, the S.C. has been called upon to safeguard civil and minority rights and play the role of " guardian of the social revolution. It is the great tribunal which has to draw the line between individual liberty and social control. It is also the highest and final interpreter of the general law of the Country. It is the highest court of appeal in civil an criminal matters. " The Judiciary was to be an arm of the social revolution upholding the equality that Indians had longed for " . Though all Constitutional Bodies know and even though the S.C. itself through AIR 1983 SC 624 staged that S.C. is responsible to Constitutional Provisions , NOT ONLY EXECUTIVE , S.C. also not going in line with the above legitimate Supreme Status of Supreme Court and its vested interest on People and Constitution . Reforms are due since Decades i.e., from 1985 for prompt carry of Judiciary , Executive and , the Legislating Houses . more
Jul 31
It is that it ought to be. But it is not. Because there is no effective restrain or imminent consequences for their acts beyond rule of law. they can benefit more by favoring their brethren advocate professionals. Because they know that nothing wrong can be done against them. Judgement of lower courts are appeal able. a judgement of supreme court when put to review goes before the same judges( by whatever justification/logic) who passed the judgement. they were already having preconceived notions and firm personal intentions. And in curative they have to seek favors from their senior collegues to confirm their misdeeds. Our case is a stark example. Even the lower staff at supreme court said after my argument to me that however merits may be in your case, still you are not likely to succeed because the other side is represented by Dushyant Dave who is having exceptionally good rapport with the judge. His face value supercedes all merits. Analyse it from any angle and you will find it an act of disrepute to the authority. it has been done so easily that it does not appear to be a rare case but is a part of regular business. there is case to say that some unholy ties exist without fear that divert justice.
Basically our selection system is wrong. it will be appreciated that qualities, psychology,attitudes and characteristics required to be a successful judge are different than those required for to be an advocate. it is the same manipulating psychology of advocate that is being carried over while being a judge who has to adhere strictly to law. some dirty linen goes along. It has become their business by habit to exploit grievances of public in their interest. therefore some check is necessary when they differ with the rule of law. the consequences should be mandatory specified in judgement of appeals. similarly the illegal untenable pleas of advocates should be punished as part of order in appeal. Role of advocates also cannot be justified if it prolongs the delivery of justice on the basis of untenable and illegal pleas.Then only the misdeeds could be controlled. Real justice can be done by god only but it is elusive because we are not able to locate his location. But then we have made rule of law after detailed study. It is one in black and white. the priorities associated with it are sequential. why should every decision of lower court be appeal able . Acts of judges cannot be allowed to stand as having attained finality and should be punishable if they differ from rule of law. Unless every wrong decision and wrong pleading is curbed by punishment in decision of appeal itself then only there would be control for abuse of law. more
Basically our selection system is wrong. it will be appreciated that qualities, psychology,attitudes and characteristics required to be a successful judge are different than those required for to be an advocate. it is the same manipulating psychology of advocate that is being carried over while being a judge who has to adhere strictly to law. some dirty linen goes along. It has become their business by habit to exploit grievances of public in their interest. therefore some check is necessary when they differ with the rule of law. the consequences should be mandatory specified in judgement of appeals. similarly the illegal untenable pleas of advocates should be punished as part of order in appeal. Role of advocates also cannot be justified if it prolongs the delivery of justice on the basis of untenable and illegal pleas.Then only the misdeeds could be controlled. Real justice can be done by god only but it is elusive because we are not able to locate his location. But then we have made rule of law after detailed study. It is one in black and white. the priorities associated with it are sequential. why should every decision of lower court be appeal able . Acts of judges cannot be allowed to stand as having attained finality and should be punishable if they differ from rule of law. Unless every wrong decision and wrong pleading is curbed by punishment in decision of appeal itself then only there would be control for abuse of law. more
Jul 31
FRIENDS THIS IS EXACTLY WHAT WE R SAYING. that for no mistake of ours, when it is undisputed that we have worked as per orders of a judicial body without a single complaint, when an award has been passed in our favor as per provisions of special enactment the MSMED Act 2006 meant for speedy dispute resolution, which has been upheld by the two appellant courts, which has attained finality, which is partially executed, but it is the supreme court of India knowingly on the basis of misrepresentation and fraud has rendered us vulnerable to arrest , imprisonment and suicide, just to favor a famous senior counsel mr. Dushyant Dave and bank of India. Our survival has become intolerable and unbearable absolutely for no mistake of ours. our huge amount, borrowings, invested income is blocked. one of us mr. shetty who was unable to tolerate lack of funds has committed suicide. Mr. Pradip Bhansali who had purchased the property with borrowed funds could not sustain the financial difficulties due to delay has committed suicide. Our managing Director is on the run away from home for last several months because of arrest warrant and imprisonment orders for failing to return what was delivered to us in delivery of justice in execution proceedings. the further legal proceedings are delaying. we have approached honble chief Justice of India, the president, the Prime Minister, the law Minister, the Speakers of the Parliament, few Members of parliament, but every where things are pending. all of us have no choice but to commit suicide. But we wish not to bow to illegalities and sustain as long as so that atleast others in similar situations will not suffer. so let us join and garner support in parliament against the finality of illegal orders of the courts, illegal/non maintainable/ irresponsible/ unaccountable pleas of advocates, especially the supreme court of India. So that rich criminals do not flourish making it impossible for others to survive for no fault. EXPLOIT OUR SUICIDES FOR A BETTER FUTURE. more
Jul 31
