Tuesday, July 22, 2014

Re: [IAC#RG] SUPREME COURT CRYING FOR JUSTICE

Dear Ms Poonam Agarwal

Could you please send me the link to this report? 

And do you think that any of the real culprits (the police personnel and the prosecutors) will be punished?

regards n bw

ravi


On Sat, Jul 19, 2014 at 12:44 PM, Poonam Agarwal <poonam.agarwal88@gmail.com> wrote:
After 21 long years our court of law acquitted all 7 accused in 1993 surat bomb blast ..... Now all police and other officers who made innocent people accused shall be hanged. what about life of 7 innocent people and thier families ?? is this justice ??? You made life of people hell for 21 long years ????? 


On Fri, Jul 18, 2014 at 11:41 AM, SURESHAN P <sureshandelhi@gmail.com> wrote:
I have seen many such victims in my legal practice,
One poor man  lost his son in a Honour killing by known people, Delhi Police blamed  some unidentified people, Crime branch had fortified Delhi Police's Story. It took several years for that father to get  investigation transferred to CBI. When CBI took investigation all available evidences where either tampered or not traceable. CBI finally got a co-accused to give statement. But CBI had also done mischief by letting elders. Finally three accused were charge sheeted . After 13 years the matter refereed to Juvenile court , two were again sent back to normal court and punished for life . One is still before the juvenile court with confusing date of birth documents. The appeal of the convicted prisoners are pending before High Court. All this years the poor father is fighting for justice without any support from the state machinery, all the time he has seen hostile behavior from the Prosecutors and other govt lawyers. 

Another poor father had no whereabouts of his major son , who had been abducted by some people in board day light near palam.. All the call details and the number of the vehicle were proved to the police but no proper investigation. When he filed writ petition seeking CBI investigation a High court judge laughed by saying that " CBI can't take every kind of silly cases" Supreme court also reposed full faith upon Delhi police and thus the petition filed by the father is dismissed. Now this father is being harassed by the police for making allegations against the police in his petition.    

This kind of incidents are common and no media will  cover it.
 No court will show any interest in this kind of cases as the same was not a celebrated case like Arushi etc. 
Or it is not brought by a highly paid  lawyer like Shnati Bhooshan or Prasanth bhooshan. 

This kind of unending stories will be continued for the sake of welfare state  
  


On Wed, Jul 16, 2014 at 8:19 AM, Dipak Shah <indiaresists@lists.riseup.net> wrote:
If any body goes to my cases at  High Court of Gujarat , one will wonder of Justice and also they were sit in Hon. Supreme Court of India!!!!
Shah D J


On Tuesday, 15 July 2014 9:27 PM, Prasad Vaidya <pbv1968@gmail.com> wrote:


The Judges are sitting as expert in every matter and in every subject. The Supreme Court it self is violating fundamental rights . The matters filed by party in person are heard lastly and matters are listed at the bottm. Right to file writ petition u/a 32 of constitution but party person is compelled to request to court to allow him to file writ petition This is deadly unconstitutional decision.
Supreme Court is protecting corrupt decision of imposing bar examination which is deadly unconstitutional but petition challanging bar exam is kept pending purposefully by Supreme Court and Supreme Court want to see Ad Gopal Surahmanyam as Judge of SCI the person who took unconstitutional decision and acted like dectator.
The High Court judges are not reading notes of arguments and hearing only 10 to 20 % arguments and pasing order in final hearing matter instead of passing judgment. The judges are not knowing that there is no limitation for filing writ petition.
How you can say SCI is crying



On Thu, Jun 26, 2014 at 8:45 PM, Dr. J. K. Chaudhry <jkchaudhry@gmail.com> wrote:
There are well known cases,where judgement wasNEVER delivered by Supreme Court.
Do you believe?
Devi Lal oath of office in union cabinet.
J.K.Chaudhry

Sent from my iPad

On Jun 25, 2014, at 9:02 AM, Gopalarao Rao <gvgrao33@gmail.com> wrote:

It is said that justice delayed is justice denied. There is one case pending in the high court for the last 7 yrs and GOK when the judgement will be issued also whether it will be delivered during my life time ( I am now 81)
Some one from the high court may know my plight.

Sent from my iPad

On Jun 21, 2014, at 10:12 PM, Ravindran P M <raviforjustice@gmail.com> wrote:

It is the courts and courts only which are responsible not only for the subversion of the justice delivery system but for the increasing lawlessness and crimes. Just ask how many times the apex court had entertained bail applications of Raja and Kanimozhi? And now they are shamelessly trying to pass on the buck to the Parliament. Why courts, even quasi judicial organisation have been following the bad example of courts and have been only draining the exchequer without delivering even 1 percent of what they are tasked to deliver. The district forum in Palakkad had been adjourning a consumer complaint of a complainant in the adjoining district involving a doctor for years on end. Almost after ten years I sought info on the status of the complaint. I got the info that it is pending. But at the next date for hearing it was dismissed! I complained to the minister for consumer affairs and the chief minister here. Nothing happened, except that in response to the complaint to the CM the President of the Forum said that the stipulation of three months for disposing a complaint is only a guideline and that was it! For details please read my blogs:

Obnoxious functioning of consumer fora/commissions- letter to minister (of 8/1/11) at 



FRAUD IN GOVERNANCE AND REDRESSAL OF PUBLIC GRIEVANCES at

Eight years of right to information: Are those responsible for governance idiots or traitors? at

and more...

regards n bw

ravi


On Mon, Jun 16, 2014 at 9:41 AM, Forum for Fast Justice <fastjustice@gmail.com> wrote:


SUPREME COURT CRYING FOR JUSTICE

Appex Court appeals to the Parliament for legislating appropriate laws and to the Government for rationalising decision making process for stemming vicious and frivolous cases and appeals being filed. Read the last paras in the Surbroto Roy Sahara's recent Supreme Court Judgement.

(Bhagvanji Raiyani)
Chairman & Managing Trustee
Forum For Fast Justice


"REPORTABLE"
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
WRIT PETITION (CRIMINAL) NO. 57 OF 2014

Subrata Roy Sahara …. Petitioner
versus
Union of India and others …. Respondents

J U D G M E N T
Jagdish Singh Khehar, J.


149. A lot of these hearings consumed this Court's full working day. Hearing of the main case, consumed one full part, of the entire summer vacation (of the Supreme Court) of the year 2012. For the various orders passed by us, including the order dated 31.8.2012 (running into 269 printed pages) and the present order (running into 205 printed pages), substantial Judge hours were consumed. In this country, judicial orders are prepared, beyond Court hours, or on non-working days. It is apparent, that not a hundred, but hundreds of Judge hours, came to be spent in the instant single Sahara Group litigation, just at the hands of the Supreme Court. This abuse of the judicial process, needs to be remedied. We are, therefore of the considered view, that the legislature needs to give a thought, to a very serious malady, which has made strong inroads into the Indian judicial system.
150. The Indian judicial system is grossly afflicted, with frivolous litigation. Ways and means need to be evolved, to deter litigants from their compulsive obsession, towards senseless and ill-considered claims. One needs to keep in mind, that in the process of litigation, there is an innocent sufferer on the other side, of every irresponsible and senseless claim. He suffers long drawn anxious periods of nervousness and restlessness, whilst the litigation is pending, without any fault on his part. He pays for the litigation, from out of his savings (or out of his borrowings), worrying that the other side may trick him into defeat, for no fault of his. He spends invaluable time briefing counsel and preparing them for his claim. Time which he should have spent at work, or with his family, is lost, for no fault of his. Should a litigant not be compensated for, what he has lost, for no fault? The suggestion to the legislature is, that a litigant who has succeeded, must be compensated by the one, who has lost. The suggestion to the legislature is to formulate a mechanism, that anyone who initiates and continues a litigation senselessly, pays for the same. It is suggested that the legislature should consider the introduction of a "Code of Compulsory Costs".
151. We should not be taken to have suggested, that the cost of litigation should be enhanced. It is not our suggestion, that Court fee or other litigation related costs, should be raised. Access to justice and related costs, should be as free and as low, as possible. What is sought to be redressed is a habituation, to press illegitimate claims. This practice and pattern is so rampant, that in most cases, disputes which ought to have been settled in no time at all, before the first Court of incidence, are prolonged endlessly, for years and years, and from Court to Court, upto the highest Court.
152. This abuse of the judicial process is not limited to any particular class of litigants. The State and its agencies litigate endlessly upto the highest Court, just because of the lack of responsibility, to take decisions. So much so, that we have started to entertain the impression, that all administrative and executive decision making, are being left to Courts, just for that reason. In private litigation as well, the concerned litigant would continue to approach the higher Court, despite the fact that he had lost in every Court hitherto before. The effort is not to discourage a litigant, in whose perception, his cause is fair and legitimate. The effort is only to introduce consequences, if the litigant's perception was incorrect, and if his cause is found to be, not fair and legitimate, he must pay for the same. In the present setting of the adjudicatory process, a litigant, no matter how irresponsible he is, suffers no consequences. Every litigant, therefore likes to take a chance, even when counsel's advice is otherwise.
153. Does the concerned litigant realize, that the litigant on the other side has had to defend himself, from Court to Court, and has had to incur expenses towards such defence? And there are some litigants who continue to pursue senseless and ill-considered claims, to somehow or the other, defeat the process of law. The present case, is a classic illustration of what we wish to express. Herein the regulating authority has had to suffer litigation from Court to Court, incurring public expense in its defence, against frivolous litigation. Every order was consistently and systematically disobeyed. Every order passed by the SEBI was assailed before the next higher authority, and then before this Court. Even though High Courts have no jurisdiction, in respect of issues regulated by the SEBI Act, some matters were taken to the High Court of Judicature at Allahabad (before its Lucknow Bench). Every such endeavour resulted in failure, and was also sometimes, accompanied with strictures. Even after the matter had concluded, after the controversy had attained finality, the judicial process is still being abused, for close to two years. A conscious effort on the part of the legislature in this behalf, would serve several purposes. It would, besides everything else, reduce frivolous litigation. When the litigating party understands, that it would have to compensate the party which succeeds, unnecessary litigation will be substantially reduced. At the end of the day, Court time lost is a direct loss to the nation. It is about time, that the legislature should evolve ways and means to curtail this unmindful activity. We are sure, that an eventual determination, one way or the other, would be in the best interest of this country, as also, its countrymen.
…………………………….J.
(K.S. Radhakrishnan)
…………………………….J.
(Jagdish Singh Khehar)
New Delhi;
May 6, 2014.


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