Re: [IAC#RG] FUNCTIONING OF INDIAN JUDICIAL SYSTEM QUESTIONED

Sir,

Our compliments for the nice letter addressed to Hon'ble CJI. 

In this contest, I, as a layman, 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.
 

With reference to "More judge, more arrears", 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 - The Supreme Court's bench of Justices D K Jain & J S Khehar on Jan 23, 2013 has said that delay in dispensation of justice could well be attributed to the judiciary's almost institutionalised generosity in granting adjournments and called for complete abolition. It mentioned about an enactment of an amendment in the form of fourth proviso to Section 309 (2) of the Cr PC, 1973 to tackle this problem. The amendment Law said, "No adjournments shall be granted at the request of a party, except where the circumstances are beyond the control of that party.;

(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 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 appointed only on the recommendation of the court and not otherwise. {It is my impression that the delays are caused by the lawyers !}  If preferred, the parties concerned should come to the court with all the evidences at their disposal and argue the cases themselves. And the judge pronounces 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.

With all the best wishes,

S K Agarwal

On Mon, Feb 11, 2013 at 10:08 PM, ASHOK DHINGRA <dhingra1949@gmail.com> wrote:

could u confirm that Mahabal Mishra  MP OUTER DELHI was court martial from army soldier of signals regiments from JABALPUR

On Mon, Feb 11, 2013 at 8:25 AM, Mani Ram Sharma <maniramsharma@gmail.com> wrote:

Sh. Altmas Kabir,

Honourable Chief Justice,

Supreme Court of India,

New Delhi

 

Sir,

FUNCTIONING OF INDIAN JUDICIAL SYSTEM QUESTIONED

 

I wish to draw your pointed attention to the news item appeared in Indian Express as under.(http://www.indianexpress.com/news/fresh-summons-against-congress-mp-mahabal-mishra-in-rape-case/1071400/0) "Fresh summons were today issued by a fast-track court against Congress MP Mahabal Mishra and his family members for their alleged role in the kidnapping and rape of a minor girl in 2006, after he they failed to appear before it.  The fast-track court, set up to try cases of sexual offences against women, directed Mishra, his wife Urmila, daughter Kiran and brother Hira Mishra to "positively" appear before it on February 18, the next date of hearing. The court granted exemption to Mishra and his family members from personal appearance for the day after their counsel submitted that they have not been served with the summons issued earlier as they are not in Delhi. Additional Sessions Judge Virender Bhat allowed the plea saying, "In view of the facts and circumstances, the exemption is granted to the four accused for today. The accused should appear in this court positively on the next date on February 18."

……….

The court had on February 4 asked them to appear before it after going through the case in which they have been accused of wrongfully confining a minor girl. THE VICTIM AND HER FATHER HAD ALLEGED SHE WAS CONFINED AT MISHRA'S OFFICE AT MAHAVIR ENCLAVE IN WEST DELHI AND HIS BROTHER'S HOUSE FOR SOME DAYS AFTER BEING KIDNAPPED AND THAT HIS FAMILY MEMBERS TOLD HER TO MARRY THE PRIME ACCUSED PRADEEP SEHRAWAT WHO FACES THE RAPE CHARGE. The case relates to an incident in November 2006 when Sehrawat had allegedly kidnapped the 16-year-old when she was on her way to tuition in a West Delhi locality. During the proceeding, Delhi Police officials told the court that the summons had been returned unserved as when they had gone to Mishra's residence, his security guard told them that the Congress MP and his family had gone out of Delhi.

 

A magisterial court in 2008 and a sessions court in 2010 had declined to summon Mishra in the case on the ground of lack of evidence and legal provisions. The Delhi High Court in 2012, however, set aside the trial court's order and directed it to consider the case afresh after the girl's father moved the High Court seeking initiation of prosecution of Mishra and his family members, and also one Kanshi Ram, for their alleged involvement in the case.  The High Court had set aside the orders of the sessions and the magisterial courts, saying they were "not based on proper appreciation of the material available on record."

An another news item appears as (http://www.sify.com/news/court-gives-relief-to-congress-mp-mahabal-mishra-news-national-nciv4jhjjde.html )  "In a relief to Congress MP Mahabal Mishra, the Delhi High Court Friday suspended a trial court's summons against him and his brother for their alleged role in the kidnapping and rape of a minor girl in 2006."

 

 

I would like to add here that generally police arrest a common man even on minor charges like disturbance of peace. Unfortunately not only police has not arrested the influential accused persons in such a heinous case but the trial judge has not issued warrants for the purpose in the instant case. While there are no fewer examples when the judges/magistrates issue warrants even in the first instance for appearance of WIRNESSES. One may fail to understand the governing law, implications and circumstances justifying the issuance of warrant or summons by such magistrates and judges. I feel these judges are either unaware of the laws of land or there are some oblique motives behind such issuance or non issuance.

 

I feel the second but more painful thing that when the magistrate and judge declined to summon the influential accused persons the High Court found some substance, and directed to consider the case afresh. To add to one's surprise when the lower court summons these influential persons the High Court (found some infirmity and) suspended summons.  A common man fails to understand that how person may reach a conclusive judgement in such a paradoxical situation and how the (FAST TRACK) courts of the country are being managed or run.  A man of ordinary prudence can't say that there is a good rule of law on the land of India or courts are functioning impartially. I think we will have to overhaul and abandon all our olden laws, systems and practices to rise to global standards.

 

Therefore it requested humbly that your kind honour should conduct introspection, evaluate the situation neutrally and take remedial measures to save the Indian Judiciary from any intrusion. May GOD be with you always and every time to strengthen Republic of India for the good of common man of this democratic country.

 

 

 Sincerely yours

 

 

 

Mani Ram Sharma,

Advocate,

Nakul Niwas, Behind Roadways Depot,

Sardarshahar-331403

Distt. Churu(Raj)

Email ID: mainramsharma@gmail.com                                             Date:      09:02:2013                               

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