Delay in Judiciary - Tears in the eyes of CJI
This is my personal experience, where I am the Respondent.
“Lodging” of case to “Registration” 15 Days
“Registration” to “Writ of summons” 180 days
“Writ of Summons” to “For steps” 198 days
“For steps” to “For Framing issues” 143 days
“For Framing issues” to Recording Evidence” 784 days
In these 784 days, case was put up for “Dismissal” 3 times and the case dismissed for want of evidence. In a total of 1,206 days i.e. 3-1/4 years from lodging it, the allegations were where they were. The case was put up for hearing only to be adjourned 30 times and dismissed on the 31st "date". Surprisingly, the matter was heard by 3 different judges, because of which the matter was adjourned thrice.
It would not be out of place to mention that I have received Rs. 500/- once for the non-attendance of the Plaintiff or his lawyer.
Why should anyone blame the Executive and why should the CJI shed tears for delay by the Executive in appointing the 186 judges?
The Judiciary does not wish to reform itself but push the blame to the Executive as if these 186 judges would have cleared the backlog within no time.
Where is the interest of the Respondent taken care of? How would he be compensated for mental torture and harassment during this period apart for the expenses incurred for each visit to the court? more
“Lodging” of case to “Registration” 15 Days
“Registration” to “Writ of summons” 180 days
“Writ of Summons” to “For steps” 198 days
“For steps” to “For Framing issues” 143 days
“For Framing issues” to Recording Evidence” 784 days
In these 784 days, case was put up for “Dismissal” 3 times and the case dismissed for want of evidence. In a total of 1,206 days i.e. 3-1/4 years from lodging it, the allegations were where they were. The case was put up for hearing only to be adjourned 30 times and dismissed on the 31st "date". Surprisingly, the matter was heard by 3 different judges, because of which the matter was adjourned thrice.
It would not be out of place to mention that I have received Rs. 500/- once for the non-attendance of the Plaintiff or his lawyer.
Why should anyone blame the Executive and why should the CJI shed tears for delay by the Executive in appointing the 186 judges?
The Judiciary does not wish to reform itself but push the blame to the Executive as if these 186 judges would have cleared the backlog within no time.
Where is the interest of the Respondent taken care of? How would he be compensated for mental torture and harassment during this period apart for the expenses incurred for each visit to the court? more
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Sri Jayaraman Raju , you are correct in terms of the part III of our Constitution under which every issue that I listed is to be urged with proofs under any relevant article of part III since some articles have very vast application and derivations . Part IV , Directives of Rule in India has its own recognition in the same article 37 which also specified that these are nevertheless fundamental in the governance of a country and it is the duty of the State to apply these principles in making the laws . The States at their feasibility opted some and ignored many that are fundamental for a reasonable livelyhood under article 21 and relevant issues set in other articles . The part directing the Rule under the constitution was also recognized and found prominent place as fundamental policy in the preamble of the constitution . So, in my opinion , if the Supreme Court is petitioned appropriately under the Citizen rights on certain Directives of Rules , there will be definitely the recognition in the apex court . And, this is why I am still with hope on my proposal for a new Circle . more
May 07
Mr Gandem garu is absolutely right. Lawyers do not maintain any professional integrity because as law college students they participate in all agitations and practice violence in most of the law colleges, they are generally disobedient and do not show any respect for the lecturers or teachers and take law unto their hands even as students. When they become advocates they continue with the same practice and help criminals and law breakers after charging them hefty fees and get them bail and making use of the loop holes in the legal system they get relief for the known criminals - all for money, huge fees. In this way they make the legal system highly corrupt. They help politicians to escape from corrupt cases and enrich themselves. The politicians in turn help these lawyers to get promotion as judges. And judges select judges and the corrupt tradition continues. When they become judges, how can they change. They continue to work with the same motive of making money and remain faithful to their political masters. This is how corruption has become rampant in the judiciary. The senior most advocate Mr Jadmalani is known to make the best use of all legal loop holes to get bail and relief for the most corrupt and criminals and charge more than a lakh per appearance. If he is promoted as a judge in the Supreme court, he will see that all criminals in Tihar and all life convicts are freed, all for money. In such a corrupt judicial system, how can common man expect justice. more
May 07
Madam (Dr. Neelam Nath) ..... You are absolutely true. The Senior Citizens (Senior most lawyers) in all most all Bar Associations are very greedy. There are no values and ethics. They pose themselves as intellectuals and elite of the Public. Sometimes it is being felt that, in reality, do they deserve to be called as intellectuals as they often support the litigants and evil elements of the society on the pretext of claiming themselves as it is their profession. With due apology to the advocate fraternity, supposing a thief is there, he engages an advocate and pays money from out of the booty got from the act of crime. The advocate happily accepts his share and argues the case of that thief knowingly he committed theft by taking advantage of certain legal lacunae and gets clean acquittal of the case in favour of that thief. Can we expect any values and ethics from such people. This is the state of affair prevailing among the literates either they are senior citizens or junior citizens. I am sorry to offer my comments like this. more
May 07
Dear Sri Jayaraman Raju garu..... So far as my knowledge goes, no where in the RTI Act it is laid down that again upon a petition or complaint or representation by the appellant, the erred Public Authorities are needed to be penalised. After all the RTI Act enactment is made only to facilitate the citizenry to have access to information from the Government as they are being governed. In case the citizens are not provided the information sought for as you rightly pointed out either deliberately or misleadingly or otherwise causing detriment to the applicant by the concerned PIOs, it is for the Information Commission to take note of it and penalise the erred as they are empowered lawfully to get the RTI Act strictly implemented in its true sprit without developing any nexus with the Public Authorities. So, apolitical and sincere Information Commissioners are needed to be appointed which is again a subject matter for discussion. more
May 07
@Mr. Jayaraman Ji Yes provision is there to penalise. But hardly any penalty is imposed. I have atleast 50 application where we look at and at least logically conclude that the information is not being provided intentionally, malafideally etc. but still no information provided despite CIC order. Another logical revelation is the dates are malafidelly fixed in convenience with PIO. I have already brought one case on my blog the link of which was sent to CIC. Other cases also being brought up and it will be logically surprising to prove RTI Act is a Myth unless and until you have some insider to reveal crucial information. Some of the applications were against Police Department and their response will atleast frustrate you to think who the hell appointed them? more
May 07
