Friday, July 25, 2014

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

25/7/14
Dear Sir,
Our system of parliamentary democracy is based on independence without any check and balances.
Parliament claims supermacy and the judiciary makes similar claims. The Govt.excercises executive powers without any control of parliament through executive orders.
Checks and balance are more in the name than in practice like impeachment proceedings of President or judges.
corruption was recognised as a serious problem from the time of independence but only half hearted measures were taken to control it.
Lok Pal has been castigated by Rahul Gandhi in Parliament as an institution over and above the constitution.
Mr. S. Roy is also not supportive of LOKPAL insitution.
Judiciary gives judgements after protracted proceedings and delays but not necessarily justice.
Yet are not prepared to improve system of delivery and free from corrupt pratices.
Parliament has failed to  legislate,letting the colonial laws to continue for more than 67 years.
Parliament has failed to excercise control over executive.
As an expression of the will of the people,the recent Elections were unprecedented. If we take it as an expression of people,s anger and frustration with the system, can we expect some improvement in the system of governace-less of corrution, qucker delivery of services.
Regds
JKGaur
Date: Tue, 22 Jul 2014 11:41:37 +0530
From: sureshandelhi@gmail.com
To: indiaresists@lists.riseup.net
Subject: Re: [IAC#RG] SUPREME COURT CRYING FOR JUSTICE

Ours system works without accountability, Legislative, executive and judiciary are working without any transparency. There should be a proper mechanism to take action against errant member within each body. Unfortunately we don't have that. We are compelled to believe that ,  "No IAS officer ever going to do any mistake. So he is entitled to continue in service up to the age of retirement. Like wise Judicial members are just like god and there will not be any question of they committing mistakes, forget about corruption,.. So we have impeachment system to remove them from service.. for the last 67 years Not single judicial member had been removed from service, we should be proud of that,. corruption can be committed only by lover level officers,, they have been removed time and again after taking departmental actions. If we want a proper system in place, then all the people who are in enjoying top most power should be made accountable to a transparent and strong lokpal like body. So lokpal is needed only for the top post, these top will take care of the subordinate.      


On Mon, Jul 21, 2014 at 9:58 PM, R. Dua <r.dua1234@gmail.com> wrote:


We as laymen have recently witnessed a most inappropriate manner of Hon Justice not standing up for a most distinguished member of his own community,in ref to appointment as a Judge of SC.

This very much tells its own tale.So we have no choice but to believe all these gentlemen here who cite these cases.
Please bring back our faith.
This is a plea for all the ppl who hve been wronged.
Regards.

On 21 Jul 2014 08:15, "S L Chowdhary" <slchowdhary@gmail.com> wrote:
sir,

thanks for putting thoughts of many like me in words.

you are very true.

any injustice not only amounts to patronising criminals, it forces many victims of justice(or in justice) to go for crime to take justice in his hands. it becomes a vicious circle.

i am happy that there are people like you who also realise the truth.

with kind regards.

s l chowdhary


On Fri, Jul 18, 2014 at 9:17 PM, Ravindran P M <raviforjustice@gmail.com> wrote:
I have read all the comments and would like to add the following too: 

1. The courts are the biggest breeding grounds for criminals.

2. Even after preposterous delays the judgments are not fair in most cases.

3. A judge in our court can decide on which party to favour just by tossing 
a coin and then copying the relevant part of the arguments of the party in his order!

4. The courts have messed up our laws to such an extent that to clean it up will require herculean efforts.

5. Just read these citations: 

 In Ittavira Vs Varkey (A 1964 SC 907) the august (?) court has ruled that 'courts have jurisdiction to decide right or to decide wrong and even though they decide wrong, the decrees rendered by them cannot be treated as nullities'.

In Misrilal Vs Sadasiviah (A 1965 SC 553) the apex court has reportedly ruled that 'there can be no interference in revision merely because the decision is erroneous in law or in fact where there is no error pertaining to jurisdiction'.

6. In our courts there is no need for anybody to know any law. The important thing is to  develop the right equations with judges!

and so on....

For more details please read my blogs at http://raviforjustice.blogspot.com

regards n bw

ravi


On Fri, Jul 18, 2014 at 4:18 AM, Dipak Shah <indiaresists@lists.riseup.net> wrote:
A Fine Judge , Free , Frank and Fearless , Law abiding Judge I have come across in High Court of Gujarat.


On Thursday, 17 July 2014 5:27 PM, Dipak Shah <djshah1944@yahoo.com> wrote:


These cases dismissal were against provisions of law!!! Having taken oath before becoming Justice they take oath , to be frank and fearless , law abiding ,not prejudicial to any body , abiding to constitution etc. Where are they? In fact they do more business . In many cases almost, I had never been heard my argument or even Petition was not read out. See the contrary to petition wherein specifically stated the Hon. High Court Granted stay against the implementation of order. Even then Advocate argued wrongly , represented the case wrongly totally and Hon. Justice Mr J M Panchal was sitting in Hon. Supreme Court of India. By way of just ignoring and Petitioner or party should always file an appeal and spend time and money on Advocates if any employed. Without having any matter of Case of interpretation. 
              Let me give another case. Former Controller of Capital issue was totally corrupt.Taking money and granting hefty premium to public issue I filed a PIL. Second date came up after the date of Budget in 1992. It came up Before Hon. Justice G T Nanavati.( The then Become Hon. Justice of Supreme Court of India ). In budget it was provided that office of Controller of Capital issue was abolished !!!! Hon. Justice gave order saying " Since the office of Controller of Capital Issue is abolished Petition is dismissed" Where is justice!!!! See the document which I have now. I could not send other documents. They are ( Forgot in India) lying in CD placed in India. There are as many as 20 such cases. One among them is A Case of Dividend paid out of capital , illegal payment of dividend. Which can be observed from attached documents. On record it is proved the other way out. No thing done!!!! All Law Supervising Ministry of Corporate Affairs , Registrar of Companies , Official Liquidators are silent for last 19 years!!! See the attached documents. It is very hard to get through the documents , unless you have very knowledge of Accounts and Companies Act. All provisions of Law had been thrown a way in deciding the matter of merger!!!!!
Shah D J
USA


On Thursday, 17 July 2014 12:33 PM, 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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