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From: "Dipak Shah" (via indiaresists Mailing List) <indiaresists@lists.riseup.net> MailId : [184779232]
To: ravindra malhotra <rnmalhotra_in@yahoo.com>, "indiaresists@lists.riseup.net" <indiaresists@lists.riseup.net>
Subject: Re: [IAC#RG] CHIEF JUSTICE OF INDIA NEED TO SHOW RESTRAINT IN HIS OBSERVATIONS
Date: 31 Aug 2016 11:17:16 AM
Evidently, there are ills in our judicial system. No use blaming only judiciary for the same. It is a combination of so many factors - some of which that come to mind are as follows -
With due respect top all Courts , Justices , Judges without contempt is submitted.
1. Outdated laws that the executive has failed to update. LOOKING TO THE PRESENT CIRCUMSTANCES OF CASE AND REALITY IN THE CASE , I WOULD SAY THE JUDGMENT SHOULD BE GIVEN IN PRESENT CIRCUMSTANCES APPROPRIATELY
.
2. Very large number of vacancies in Judiciaries for which political bosses and executives are equally responsible as the judiciary itself. Bureaucratic delays in approvals are galore. IT IS WITH DUE RESPECT TO ALL JUSTICES, JUDGES SUBMITTED THAT AS FAR AS IN MY ALL CASES , FOR LAST 22 YEARS, THEY SHOULD BEHAVE WITHIN THEIR OATH. OUT RIGHT , BEFORE DISMISSAL , ONE SHOULD THINK HUNDREDS OF TIME NEGATIVELY APPROACH. I ALWAYS APPEARS AS PARTY IN PERSON. WHAT IS WRITTEN IN THE PETITION IS NEVER CONSIDERED IN ORDER AT ALL.!!!!! IN SUPPORT OF THE SAME I CAN FILE AN AFFIDAVIT AND DOCUMENTARY EVIDENCE ALSO,
3. Government the biggest litigant - responsible the bureaucratic approach - some times Govt goes for litigation for small sums up to supreme court against poor employees / residents. GOVERNMENT THINKS , OFFICIALS, THEY HAVE NOT TO PAY OUT OF THEIR POCKET EXPENSES AT ALL.
4. Advocates - who by unscrupulous means keep on extending the proceedings by forcing adjournments for their personnel gains
THIS IS TOTALLY CORRECT. SEE THE GUJARAT HIGH COURT CASES Company Petition No 17 of 1996 , complete fraud in accounts somehow or the other Ignored completely.!!!
Special Civil Application No 7736 of 2006, two times dismissal orders had been passed , in silently , ignoring the High Court Rules ??!!! Crim Mis A 9684 of 2005 in Cr M 5639 of 1994. See minutely remarks in 2005 order on page no 3 last three line . When such cadre are there , what is use of .......appeal appeal till you die in silence , working for the others..
THESE CASES ARE SUM ONLY . YOU MAY FIND MANY MORE ......
5. Corruption amongst advocates as well as judiciary NO COMMENTS , IN VIEW OF THE ABOVE IS FULLY COVERED.AND EXPLAINED SILENTLY
With due respect top all Courts , Justices , Judges without contempt is submitted.
1. Outdated laws that the executive has failed to update. LOOKING TO THE PRESENT CIRCUMSTANCES OF CASE AND REALITY IN THE CASE , I WOULD SAY THE JUDGMENT SHOULD BE GIVEN IN PRESENT CIRCUMSTANCES APPROPRIATELY
.
2. Very large number of vacancies in Judiciaries for which political bosses and executives are equally responsible as the judiciary itself. Bureaucratic delays in approvals are galore. IT IS WITH DUE RESPECT TO ALL JUSTICES, JUDGES SUBMITTED THAT AS FAR AS IN MY ALL CASES , FOR LAST 22 YEARS, THEY SHOULD BEHAVE WITHIN THEIR OATH. OUT RIGHT , BEFORE DISMISSAL , ONE SHOULD THINK HUNDREDS OF TIME NEGATIVELY APPROACH. I ALWAYS APPEARS AS PARTY IN PERSON. WHAT IS WRITTEN IN THE PETITION IS NEVER CONSIDERED IN ORDER AT ALL.!!!!! IN SUPPORT OF THE SAME I CAN FILE AN AFFIDAVIT AND DOCUMENTARY EVIDENCE ALSO,
3. Government the biggest litigant - responsible the bureaucratic approach - some times Govt goes for litigation for small sums up to supreme court against poor employees / residents. GOVERNMENT THINKS , OFFICIALS, THEY HAVE NOT TO PAY OUT OF THEIR POCKET EXPENSES AT ALL.
4. Advocates - who by unscrupulous means keep on extending the proceedings by forcing adjournments for their personnel gains
THIS IS TOTALLY CORRECT. SEE THE GUJARAT HIGH COURT CASES Company Petition No 17 of 1996 , complete fraud in accounts somehow or the other Ignored completely.!!!
Special Civil Application No 7736 of 2006, two times dismissal orders had been passed , in silently , ignoring the High Court Rules ??!!! Crim Mis A 9684 of 2005 in Cr M 5639 of 1994. See minutely remarks in 2005 order on page no 3 last three line . When such cadre are there , what is use of .......appeal appeal till you die in silence , working for the others..
THESE CASES ARE SUM ONLY . YOU MAY FIND MANY MORE ......
5. Corruption amongst advocates as well as judiciary NO COMMENTS , IN VIEW OF THE ABOVE IS FULLY COVERED.AND EXPLAINED SILENTLY
On Sunday, 28 August 2016 8:59 PM, ravindra malhotra <indiaresists@lists.riseup.net> wrote:
Evidently, there are ills in our judicial system. No use blaming only judiciary for the same. It is a combination of so many factors - some of which that come to mind are as follows -
1. Outdated laws that the executive has failed to update.
2. Very large number of vacancies in Judiciaries for which political bosses and executives are equally responsible as the judiciary itself. Bureaucratic delays in approvals are galore.
3. Government the biggest litigant - responsible the bureaucratic approach - some times Govt goes for litigation for small sums up to supreme court against poor employees / residents.
4. Advocates - who by unscrupulous means keep on extending the proceedings by forcing adjournments for their personnel gains
5. Corruption amongst advocates as well as judiciary
R.N.Malhotra
--------------------------------------------
On Fri, 8/19/16, Gaur J K <gaurjk@hotmail.com> wrote:
Subject: Re: [IAC#RG] CHIEF JUSTICE OF INDIA NEED TO SHOW RESTRAINT IN HIS OBSERVATIONS
To: "indiaresists@lists.riseup.net" <indiaresists@lists.riseup.net>
Date: Friday, August 19, 2016, 1:31 PM
19/8/16
This holier than thou attitude of the Chief justice is
not helpful. It clearly negates any suggestion for
improvement in the working of the judiciary. Corruption is
not an issue for him. Suggestion that there should be court
of Appeals in metropolitan cities
like Chennai ,Calcutta and Mumbai is not acceptable to him.
Commercial courts for Govt. litigation is not being
implemented.Gram Panchayats and alternative fora to ease the
pendency is not being implemented.Regds
From:
indiaresists-request@lists.riseup.net
<indiaresists-request@lists.riseup.net> on behalf of
Venkatraman Ns <nsvenkatchennai@gmail.com>
Sent: Saturday, August 13, 2016 7:38 PM
To: indiaresists@lists.riseup.net
Subject: [IAC#RG] CHIEF JUSTICE OF INDIA NEED TO SHOW
RESTRAINT IN HIS OBSERVATIONS
To
India Against Corruption
CHIEF JUSTICE OF INDIA
NEED TO SHOW RESTRAINT IN HIS
OBSERVATIONS
In open court, Chief Justice of
India has accused central government of bringing the e ntire
judiciary to a “grinding halt” by sitting on the
recommendations of the collegium for appointment and
transfer
of judges to high courts across the country. It is
disturbing that he went to the extent of saying that the
court would not shy away from a confrontation with the
government, if driven to a corner. He made such
remarks even when the Attorney General assured
that the issue would be taken up at the highest
level.
Even while the Chief Justice made
such sharp remarks, the law minister has said that
appointment of number of judges would be finalized very
soon. Is Chief Justice not aware of this?
The collegium issue has been under
discussions for quite sometime now and many have questioned
the judges themselves appointing the judges , when several
judges at various levels have been caught in corruption
scandals with one former Chief Justice of India
himself being one of the accused.
Government stand appears to
be that there must be proper procedure and transparency in
selection of judges. There is nothing wrong with this view.
Chief Justice rejects the
government’s view and insists that he should have the
final say. This stand of the Chief Justice is the origin of
the confrontation.
It would have been appropriate if
Chief Justice has read the mood of the people, who are
increasingly not sure about the caliber of some of the
judges.
Reflecting such public mood , he
should accept the need for a level of transparency in the
appointment of judges. Threat of confrontation by Chief
Justice is not in tune with the functioning of the
judiciary.
N.S.Venkataraman
Nandini Voice for The
Deprived
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