INDIAN JUDICIARY IS MORE A BUSINESS FOR ADVOCATES THAN ANYTHING

Csn Sarma has rightly brought forth few of the decisions. presently there r so many laws, precedents but the system is provided with facility to manipulate them. there is nothing that a judge loses if he passes an order against any rule of law. as in my case, CA 51510/17 b4 SC , my award under challenge was passed as per arbitral proceedings of MSMED Act 2006, which is a special, subsequent & progressive enactment with overriding jurisdiction meant for speedy resolution. it envisages early finality after dismissal of application u/s 19 of MSMED Act 2006, and execution as a decree. the same being as per arbitral proceedings therefore there can be no judicial intervention as per sec 5 of the arbitration act, especially in execution proceedings of an award. But in my case an award which had attained finality in terms of sec 34, 35 & 36 of arbitration act, concurrently upheld by both/all appellate courts ( high court imposing extra 5 lac penalty) and partially executed still supreme court of india intervened and daringly reversed the execution proceedings because i cannot do anything against them but they may have been benefitted from the opponent senior counsel/advocates as i ham bound by finality of decision of SC. The sec 19 of the act provides for mandatory deposit by the buyer , and pending the litigation same has to be allowed to supplier as an interim relief. still the district court pune in MCA 352/13, high court bombay in ARA15/14, and supreme court in CA 5150/17 entertained the appeal of Bank without mandatory deposit in terms of sec 19 and did not provide me with interim relief despite my applications. the option after civil appeal is dismissed is review, which as a procedure went before the same judges in chambers who themselves having set aside the award had preconcieved notions, and predetermined intentions, and therefore it was dismissed alongwith Interim application seeking directions for initiating perjury against opponents. After dismissal of review a curative can be filed, but that access to justice is available to only those who can buy a certificate from senior counsel , which is mandatory for filing the curative. now my payment for 125 months has been delayed by 143 months. i have invested borrowed money, those creditors are badly after me. morever on the basis of order in CA 5150/17, the executioner court , acting beyond the award, in defiance to Article 300 of constitution of India, and also the order in CA 5150/17 itself has passed an arrest warrant against me for failing to return the amount recieved as accumulated wages in delivery of justice, which was as a part of execution proceedings.i have been pursuing my case as party in person right from beginning bcoz i could not afford an advocate. and it is not logical to expect effective services from an advocate with inadequate fees or on credit.therefore i cannot afford to buy the certificate from sr. counsel to file curative. Even the agency given to sr. counsel to sell certificates is just to provide them an opportunity to earn by exploiting grievances of litigants without any responsibility and no garantee that the contents of certificate are valid. out of the thousands certificates issued sold and submitted so far , only few have succeeded. therefore there is no effective remedy if a supreme court judge manipulates law to favor senior counsel with undeserved judgement. i believe there is a racket of senior counsels and some judges of supreme court. similarly the judges of the lower courts can pass any order defying rule of law, under the pretext that they are appealable. No effective action can be initiated against them.the trial courts in our system are deliberately left alone without sufficient resources to err so that number of appeals increase and business of advocates flourish. it will be observed that role of an advocate is envisaged because of his proffessional knowlege and expertise. the litigants who have less or no legal knowledge have to blindly go as per directions of the advocate. still despite advocate making a show of proceedings with illegal/untenable pleas believed to be interest of his client and unnecessarily causing harassment/humilition to other side, still there is no effective action against the advocate . the advocate blames judges for the wrong decision and judges blame advocates for the wrong pleadngs but the litigant suffers after paying his fees. i want to submit that there are many laws, precdents also in place. Infact they are more creating confusion. and they can be refined if required with huge size of parliament.But there is no accountability envisaged for illegal treading of advocates and judges, which is leading to nemesis of our cherished independence of law abiding citizens. more  

Correct. The willful neglect of Congress and allies is the result of present status of dilution/diversification in JUSTICE . Ref: 1] {1987} 4 SCC 609 : S.C. laid down the following guidelines for the exercise of the right under Article 32 :- { MOST IMPORTANT } 1.The Scope of Art. 226 is wider than Art.32 . The parties first seek relief in the High Court and should come to the Supreme Court in appeal only . 2. Hearing of the case at the level of High Court is more convenient to the parties. It saves lot of time. 3. The High Court has its own tradition. They have eminent Judges, whose capacity should be utilised. 4. Every High Court has a good Bar. There eminent lawyers with wide experience, handle different kind of cases. They know history of every legislation in their State. 5. The Supreme Court has no time to decide cases pending before it for the last 10 to 15 years. With the present strength of Judges and will take more than 15 years to dispose of all pending cases . 6. If the cases are filed in the High Court the task of Supreme Court acting as an original court which is a time consuming can be avoided . 7. If cases which may be filed in the High Court are filed in this Court it would affect the initiative of the High Courts . We should preserve the dignity, majesty and efficiency of the High Courts. The taking over by this Court of the work of High Court may undermine the capacity and efficiency of the High Court and should be avoided. 8. The time saved by this Court by not entertaining the cases which may be filed before the High Courts can be utilised to dispose of old matters in which parties are crying for relief . 2- AIR 1987 SC 1087 “ 1. The Court held that the poor in India can seek enforcement of their fundamental rights from the Supreme Court by writing a letter to ay Judge .” Further , “ 2. The Court also held that under Art. 32 it has power to grant remedial relief which includes the power to grant compensation in appropriate cases where the fundamental rights of the poor and disadvantage persons are violated . “ 3. The Court held that the Court can appoint socio-legal commissions or devise any procedure and forge any tools it deems appropriate for the enforcement of fundamental rights of the poor “ . 3- {1994} 1 SCC 243 “ If loss or injury is caused to a citizen by the arbitrary actions of State employees the State is liable to pay compensation to him . Public authorities who are entrusted with statutory function cannot act negligently . UNDER OUR CONSTITUTION SOVEREIGNTY IS VESTED IN THE PEOPLE. Every limb of the Constitutional machinery is obliged to be people oriented . .....” 4. AIR 1963 SC 649 ; AIR 1985 SC 1495 on unjustified carry of Reservations == [1995] 3 SCC 635 on Uniform Civil Code == [1985] 3 SCC 545 on Qualifications, Rt. to work etc == AIR 1979 SC 1369 on Speedy Trial ;;;;; are the issues to ever refer to S.C. ; HCs. and demand implementation , preferring AIR 1983 SC 624 in which S.C. notified that Supreme Court is Responsible to serve Constitutional Provisions to the people . 5. All these most important issues are such that could be even presented to President of India urging a study by the National Law Commission . more  

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