Wednesday, January 9, 2013

Re: [IAC#RG] Judical System

Prabhakar Ji

Our bureaucracy has created such systems with all the loopholes that one can not escape  to pay the bribe to get the job done.You might have heard the name of Prof Varun Arya of Aravalli Institute of Management Jodhpur . This man suffered for more tha a decade because he was determined not to pay the bribe to AICTE to get approval for his Institute.
I am reproducing the news item published in TOI
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IIITian to sit on indefinite fast against corruption in state

Rachna Singh, TNN Apr 13, 2011, 02.38am IST

JAIPUR: Following in Anna Hazare footsteps, the IIT and IIM alumni and CEOs from India and abroad are going to hold an indefinite fast at the Jantar Mantar beginning Wednesday (Baisakhi) against rampant corruption in Rajasthan.

"There has been an overwhelming response to the proposed indefinite fast and we also have the support of prominent citizens of the country including Sri Sri Ravi Shankar," said Varun Arya, president, Marwar Education Foundation, Jodhpur.

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Also please visit his web site

 http://www.aravali.org/

This is just one example of corruption in the system  at the highest level .There must be  umpteen cases where each one of us  were forced to shelve the  money right on the table , because the fear of getting caught  have disappeared from the minds of the people. Earlier it was done under the table.
Flow is from top to bottom.Our top has become so corrupt that  it has sent wrong signals to people at lower level. I still remember the words of a clerk of DDA that we have to pay his fees even we approach  the highest level to get the job done as per rules , because of lacunas  therein .

The solution is to bring in the entire system  -Ministers , Bureaucrats , Judiciary and even Media

  • Responsibility to do the job within stipulated time
  • Transparency in the system ,
  •  Accountability of the people at all levels 

Brig J S Ahuja

On Wed, Jan 9, 2013 at 9:03 PM, Babubhai Vaghela <vaghelabd@yahoo.com> wrote:
My experience of Judiciary in two PILs -

(1) IIM CAT 2009 PIL Documents - https://t.co/Ggtz1Mjj

(2) AIBE Advocates Exam PIL - 
RTI Activist PIL Petitioner approached Chief Justice of India two years back

Transfer Petition yet not heard / not decided.

You be the Judges.

On Tue, Jan 8, 2013 at 3:06 PM, Transparency International India <tiindia.newdelhi@gmail.com> wrote:
Dear Friends,

Kindly accept our compliments for the nice suggestions. 

In this contest, we would like to mention that currently our society is suffering from ill-governance, resulting in the sufferings of the common man. These include. among others, increasing law & order problems; But such a situation is just because there is no accountability of the Investigating Officer (IOs) and the Public Prosecutor (PPs). If they are held accountable for any undue delay and let off & punishment, then not only congestion in courts would come down, our policing will become effective, and delivery of justice & governance will improve.  For this, only Judiciary has to pass strict structures and recommend the punishment for erring IOs and PPs.
  
Further, I feel our present judicial system requires an efficient management. It can only be possible by making judiciary accountable for -
(a) unnecessary adjournments and prolonging arguments;
(b) disappointing witnesses and treating them like a bonded person at the cost of their personal life and family security; and
(c) putting a large number of cases on the day of hearing which are not possible to deal with. Before taking up any case, it should be scrutinised whether the case is complete in all respects. Besides, I would like to add two points for speedy disposal of cases and reduction of cases:
 
(a) A lawyer should be engaged only if the court feels necessary. The parties concerned should come to the court with all the evidences at their disposal and argue the cases themselves. And the judge should pronounce the judgment based on their evidences.

(b) To reduce the number of cases, specify minimum punishment for every offence.  Presently we have laid down 'maximum punishment."  Maximum punishment is to be "life or death" even for a minor offence such as ignoring the red signal.

Thanks & regards,
S K Agarwal


On Tue, Jan 8, 2013 at 11:58 AM, Jasminder Dhillon <biloodhilon@yahoo.com> wrote:
The country must continue to have faith in our judicial system.
However it needs to be emphasised that it can only function when the following judicial reforms are forced on the govt by the public--
1.Filling up all vacancies of judges at all levels.The selection procedure should be done by a judicial Commission and not by the govt,as is being done.Most of the courts are functioning at 50% or less than the auth numbers.
2. A time bound limit must be laid down for the completion and issue of the judgement my the Courts in all cases ie Civil,Criminal etc .No case can /should go on for more than one year.All civil cases must be decided within 6 months and all others within 12 months.
3. Adjournments should only be given for max 6 days and that also not more than 4 times,2 for the plaintiff and 2 for the respondent.The case can then only be finalised.People will then start having faith in the judiciary.
3.Police reforms must be comleted within 2 months and made independent of the political/IAS .LOK PAL Bill must be passed with CBI becoming independent.
4.THe courts will save the people and the country.
5Let us force the govt to take action
B S DHILLON




--
Transparency International India
India Secretariat
Lajpat Bhawan, No 4
Lajpat Nagar IV
New Delhi-110 024
India


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