The Ministry of Law and Justice,
4th Floor, A-Wing,
Shastri Bhawan, New Delhi-110 001
Government of India, New Delhi
‘THIRD TIME’ AMENDED COMPLAINT UNDER
ART. 350 THE CONSTITUTION OF INDIA 1949
SUBJECT - Many Function Court Judges and Magistrates Seat are Still Vacant in the District of Muzaffarnagar and District Saharanpur so long by the Registrar General of Allahabad High Court and the State Government of U.P wilful “negligence and ignorance” about status of vacant courts and other legal problems for daily unwarranted every Districts Bar Associations Strike stopping the judicial Work mostly on each and every month on any petty matters.
Para 1. I am the people of India and also an advocate who practice in various Districts region of Uttar Pardesh and in between Delhi regions have some couple of Years have been facing a big problem of extreme shortness of judges and Magistrates not appointed or may newly appointed on the running function courts where the cases and suits are pending of various clients by advocates for the sake of justice to be done by the justice of Gods. That Although I wait some years but all in vain as I observed as no changes and newly appointed of the Judges and Magistrates were still done by the Registrar General of the Allahabad High Court and by the U.P State Government for taking necessary legal steps to fill the Seats of the Vacant court with the Judges and Magistrate of the District Saharanpur and District Muzaffarnagar in Uttar Pardesh.
Para 2. That my clients are blaming me, get physically harassed by deaf handicapped filthy system and then surrounded demon soul like curse to the legal system shadows and our current cases are hanging on line and on stake without any further speedy progress may go on every date by dates. That the Reader and the others appointed Clerks of the Vacant Courts making elicit unlawful money on giving successive dates of “Two to Three months to four month” by himself and then enjoying the full official time with the talks with each other without any major court work to go for that Vacant courts. That the legal system of Judiciary is very disturbed and hotchpotch in Uttar Pardesh and the people of Uttar Pardesh are dying in desire of breathe of timely justice to be done or not someday. That the Art 39A of The Constitution of India 1949 provide free legal aid to every people of India by the State Government but when the Required necessity Judges and Magistrates will not be appointed on sharp time and may available full official time daily in the functioning courts daily then how the people of India may get justice with the paralyzed lethargy system and how the petty to major crimes may be stopped in the each and very Districts of Uttar Pardesh. That due to that the crimes and criminals daily increasing and the offenders and culprits are not having tiny fear of Indian Laws as when many Judges and magistrates will not be there in Courts and those who available mostly not perform full duties of legal system each and every day then who may stop crimes and Criminals for making next crime not to get occur or takes place in the Uttar Pardesh.
Para 3. That it is the bounden duty of the Central Government of India with U.P State Government with the coordination to the Registrar General of Allahabad High Court to take sufficient legal necessary steps for making quick appointment of the Vacant Courts so that no time of the Courts and the litigants will be wilfully wasted for contesting the cases and suits which they filed with their hard earned money and time filed with the requisite Court fee and other legal expenditures goes in vain. That every cases and suits as to be consider a valuable important case and the result of that case will be decide by the Judges and Magistrates on time if they all are available before that vacant courts but in contrast to that courts are still today being made still vacant unfortunately till yet when the Wilful gross negligence of the U.P State Government and the Registrar General of the Allahabad High Court for the welfare of the state.
3.1 That Now in the District Muzaffarnagar the List of the Vacant Courts are as follows:-
1. The Civil Judge (Senior Division)-II Vacant till yet
2. The Civil Judge (Senior Division)-III Vacant till yet
3. The Judicial Magistrate – II Vacant till yet (from Last 16 months)
4. The District Consumer Forum coram of three members not completed since last 15 months.
5. The District & Session Judge vacant since 1.5 months till yet.
3.2 That Now in District Saharanpur the List of the Vacant Courts are as follows:-
- The Civil Judge Rural (Junior Division) Vacant till yet.
- The Number of Civil Judges Senior Divisions are very much less and those some have given two charges to each court like Addl. Civil Judges and A.C.J.M charge a complex mixture of Civil and Criminal Proceedings on same court of law.
2. The Judicial Magistrate – II, Vacant till yet.
3. The Judicial Magistrate – III, Vacant till yet.
Para 4. That as the problem of this complex situation seems no timely resolution whom to address this untold pain and who will fill this long gaps comes in independent judiciary that why I am writing to you as you may know in reality that what the U.P State Government is doing towards for the People of India to get Justice on time and What the health of the legal System in the Court of Uttar Pardesh is. That One thing I also want to say about How U.P Police has been functioning in the State and how the Indian Laws and Legal Procedure of the Courts are turning down in misdirection by the some wrongdoing advocates under the provision of law towards legal misdirection and wrongfully applying before the existing and less Functioning Court of the Uttar Pardesh in very corner of District Courts.
4.1 The when any FIR is registered by the aggrieved Person or by the Orders of Taluka Magistrate the U.P Police then the police investigating Officer making Non-Bailable Offences into Bailable One and Non-Compoundable into Compoundable One (I,e remove Non-bailable and Non Compoundable section himself illegally) so that the Accused or Accused’s may get Bail easily from the Police Station first then after report under Sec 173 Crp.c from the Court of law so easily like chewing a bubblegum alike. The U.P Police if wants to get more liberty and immunity to the accuseds then make Final Report under Sec 169 Crpc to close the case and forwarded to the Court of law. After that mostly No court of laws notice under Sec 173 Crpc was served to the Complainant or to the victim against what he has to say about this but in contrast to that Sec 190 Crpc cognizance would be taken by the Magistrate and close the case or issue summons to accuseds on that simply bailable sections. Then accuseds if come somehow appeared before court of laws then just on that day get Bail in couple of minutes immediately and then after every time when the trial dates comes for case hearing the accuseds counsel move numerous Hand written simple Exemption Application on each and every dates so many times successively and create a calculated planned obstruction of justice for not decide the criminal case on merits on time. This type of wrong practice make the law a video game of several stages which not cleared by the Complainant or the victim till he dies in desire of justice and finally accuseds free from the shackles of law as time erodes the law.
4.2 That one major big problem in U.P Courts that any local District Bar always make a unwarranted strike or no work day on many kind of petty issues like any advocate death, Election of Bars have coming for Nomination to till results finalized, Shivji 15 days Kavadh Yatra Coming, every Saturday continuing Strike and no work completely since 1985 for High Court bench demand, Nagar Palika Election coming, Panchayat Election Coming, Cold or Rain and Hot wind month comes, Political Minister coming in District etc etc through a written letter note issued by District Bar President to every functioning courts and to their presiding officers of that court for declare Strike and for so that working day no Judicial Work would be taken place in any court and the deputed presiding officers move to their chambers or outside District Courts and then after the suffered litigants and other advocates again gets two months or three months next date for the case/suit next hearing by the Reader or Alhamad or Munsarim in absence of Presiding Officers with their own partiality in need of weight of money who put more. While this type of legal practice I had never seen in Delhi District Courts, Delhi High Court and the Apex Court except some very large main issue of Concern affected all the legal fraternity of the Delhi State goes in Strike.
4.3 That due to this dirty practice procedure and loopholes the every court Clerks and the Reader, Munsarim and Alhamad not make good respect of the other workaholic advocates and treat them like a puisne person in the Indian society and do their office work in their own pathetic style and make unwarranted favorable approach towards consideration whom they get and suppress the opposite poor party of that case attached to.
4.4 That not a single case in all the District Court of Uttar pardesh would call according to the daily Advance Cause list prepare with sequence of alphabet numbering for every litigants and not all advocates get equal opportunity for the case and suit hearing but in contrast to that one to two some old High Rank advocates or powerful litigants get their file put any time before the Court Desk before the presiding officers to call and instruct Reader to present it and only in that day the file thru that case and suit hearing would commenced. Rest others litigants and advocates get a chance of their case or suit was no surety and commitment for it. That after lunch presiding officers may come or not no surety as only time 11:30 AM to 1:00 PM is the major crucial time you can request to Presiding officers for your case hearing after that no surety case or suit would be heard or not if chance no come the Reader would give two to three months dates. What the dirty Hell approach used to in all Districts Court of U.P while in contrast to that in Delhi District Courts every case and suit would started off at time 10:30AM thru calling of numbering system and judges and magistrates also sat after the lunch time precisely on time and pass daily orders on Court Desk at same time before hearing get completed.
Para 5. That some people don’t like my raise of concern on exposing the secret illegal style of District court working what they doing before the District Court of U.P in my legal fraternity and may make my enemies or may kill me but when the innocent man like me get daily tensed from the lack luster procedure of the State Government and District Courts and Districts Bars controlled the District Courts and their Presiding Officers then what the benefit I get to be advocate called in the society and how the justice for the people of India in U.P be saved on time by the studious and workaholic advocates for the aggrieved litigants and complainants and victims come to their doors with some ray of hope. That I deeply apologize that I have to make this official complaint and has addressed to the Apex Court and to the Central Law Ministry for the loopholes and problems in the legal system facing day to day by the millions of people in all Uttar Pardesh from all the 75 Districts in Uttar Pardesh. That I may live alive or not it doesn’t matter what matter to make our independent judiciary as the “A Class” judiciary system recognized in all over the world and the people of India with justice may live without any fear and harassment in this temporary world where everyone has played a vital role in the independence of India after 1947 still exist and forever exist without any further obstruction of justice and physical harassment from onwards now. That in Whole Uttar pardesh the Court would open Six months rest undeclared number of holiday and day off up to whole year. That in Six month open court now two months also cut off any unwarranted Strike takes place on any moment as surprising shock and that why only four months the work of judiciary take place and in this four months the judges and presiding officers take their own leave or busy in their HJS Exam for up to many months or sit for some 2-3 hours only in single day.
PARA 6:- That I also Self observed that the new to old Presiding Officers of every Court of law, their deputed Staff and exist Appellate Courts in each District Courts have no good and absolute keen knowledge of every Allahabad High Court Orders and issued Circulars since 1900 and JTRI yearly Law Digest and Rules, U.P Court fee Act, U.P Government Servant Conduct Rules 1956 time to time for every and every Court in all Districts of U.P and that why the burden of raising the issue on the point of law and error in law has been shifting on the shoulder of some knowing good practicing advocates who get familiar every Rules of law till made by the Hon’ble Supreme Court of India and the Hon’ble Allahabad High Court of Judicature and its Lucknow High Court Bench. That also the “General Rules of Criminal 1977” has been made and applicable in all U.P but no one has following its Rules as mentioned in 5-B A, 22, 34A and 35A and are extremely by pass and ignored by mostly the Court of U.P. Similarly the “General Rules of Civil 1957” are by passing in lack of knowledge which is dangerous in our society. That when the Formula (Rules and Laws) for solving the every litigant legal problem not apply rightfully then how the result will come right in the form of Judgment. That’s why mostly go to High Court who have sufficient money and rest mediocre people leave it their battle in middle as they think that the Judgment is the law and get no relief from upper High Court and also have no time and money besides daily digging and earning for their personal survival of life.
PARA 7:- That now in again year 2017 the District courts and some advocates same style again carrying on and any unwarranted call to Strike by the District Bar Associations still going on and people has been depriving of not getting speedy and timely justice on open court official days. The daily cases and suits order sheets mostly wrote by the Reader and also when the strike took place or whose cases not heard on daily dates or whose exemption application comes on each and every date from the accuseds or opposite party side. That after that dates were given by the Reader according to the benefit of the party who paid money to Reader according to his own beneficial convenience. The several times Apex Court Said about Strike not to occur and In Allahabad H.C Circular orders exist of Strike by Lawyers C.L. No. 35/IIIb-36/Admin‗G‘ Dated: 04.10.2004 and C.L. No. 20/IIIb-36/Admn. 'G' dated May 9, 1995 and C.L. No. 61/LC/1296/ dated July 21, 1994 and C.L.No. 126/Admn. (G) dated December 9, 1994 and C.L. No. 10/2009/IIIb-36/Admin ‗G‘, Dated: April 7, 2009 were aggressively violated each week on any way strike to happen again and again in District Courts of Uttar Pardesh. That the advocates and presiding Officers not fear of any disrespect of Allahabad High Court Orders and Supreme Court of India existence orders for not to do this and that things in the name of Strike.
PARA 8:- That the Court Calendar of Allahabad High Court which published for each and every District Court to follow for working day have not made according to Indian festivals and unwarranted died politicians Strike day celebrated in all District Court of Uttar Pardesh. Like:-
In Between January to June 2017:- 05-Jan-2017 GuruGobind Singh Jayanti Strike day celebrated, 13-Jan-2017 Lodhi again strike happen, 30th-Jan-2017 Mahatama Gandhi Maran Day strike may happen, 01-Feb-2017 Basant Panchmi strike happen, 10-Feb-2017 Guru Ravidas Jayanti strike Happen, 15-Feb-2017 Voting day In Saharanpur Court sure closed, 28-March 2017 First day of Navarata begin Strike happen, 4-April-2017 Durga Ashtami Strike happen, 11-April-2017 Hanuman Jayanti Strike happen, 13-April-2017 Basakhiy strike happen, 14-April-2017 Bhim Rao Ambedkar Jayanti and Good Friday Strike happen, 28-April-2017 Pashuram jayanti Strike happen, 10-May-2017 Budh Poornima Strike happen, 11-May-2017 Muslim Shab ray raat strike happen, 28-May-2017 Muslim Roja begin Strike happen, Whole June All Civil Courts permanently closed since British regime, and in Criminal mostly Magistrates and Judges not come and also take Casual leaves, 15-June-2016 Guru har Govind Singh Jayanti strike happen, 23-June-2016 Last Muslim Ramzaan Friday Strike happen, 26-June-2016 Muslim Iddul Fitar strike happen ;
In Between July to December 2017:-
17-to-22 July 2017 Strike daily happen as Routes Blocked for Shiv Yatra Kawad Yatra and the Bar Association declare full seven days strike daily and no work happen, 26-July-2017 festival Teez Haryali strike happen, 07-August-2017 Raksha Bhadhan Strike happen, 16-July-2017 festival Gugal mela in Saharanpur Strike happen, 05-September-2017 Lord Ganesh Jayanti Strike happen, 20-September-2017 forefathers Sharrad Ended Strike happen, 21-September-2017 Maharaja Agar Sen Jayanti Strike happen, 28-September-2017 Durga Ashtami Strike happen, 29-September-2017 Durga Navami Strike happen, 05-October-2017 Valmiki jayanti strike happen, 12-October-2017 Hoee Ashtami strike pappen, 17-October-2017 Dhanteras strike happen, 18-October-2017 Chooti Deepawali Strike happen, 21-October-2017 Bhai Duz Strike happen, 04-November-2017 Guru Nanak Jayanti Strike happen completely, 14-November-2017 Nehru Jayanti Strike happen, 23-November-2017 Guru Teg Bahadur Maran day strike happen, 01 or 02 December 2017 Iddul Milad or Milad ur Nabi Strike happen, 06-December-2017 Ambedkar Maran Day Mahaparinirvan Diwas Strike happen, 11 to 16 December 2017 in Saharanpur District Bar Elections conducted Strike happen daily, 18 to 23 Muzaffarnagar District bar elections conducted Strike happen, 25 to 31 Christmas Day full week All courts closed since british regime.
PARA 9:- IInd Saturday always closed:- That since independence of India 1947 second Saturday No work day in all departments of Government of India and State Government still exist is a complete waste day in the name of second Saturday while the Britons made this second Saturday day off due to bible as for rest and worship but today no regime of Britons exist in India. Why to waste time of Hindu, Muslims, Sikh and other people of India in the name of second Saturday? That due to that 12 days in complete calendar year again get wasted of this trifle reason, but the Salary of Government employee comes in their account without any work he did.
PARA 10:- That how the justice thru Indian Courts of law a people of India may get when the court mostly go on strike day celebrated and no work takes place in the legal system of India through time managment. That it prove the legal proverb the Justice is delayed and justice is denied and that why the crime and offenders not afraid from the legal system of India made by the Britons and still continuing on same pattern since Independence of India 1947. The Bureaucrats and Politicians mostly are feel heavier on judiciary and the mostly advocates who influence thru Politicians are make more heavier on Court System and the judges and magistrate and local court Staff who not want to work are again more heavier than on the victim and the common people of India. That the Government of India and State Government of India thru extortion and suppression applied on the weakest common people of Indian thru various taxes imposition on each and every kind making complete waste off on this pathetic legal system and in their Salaries enhancement when mostly public servants not want to work in India for the daily stopping of Crimes which year after year have been occurring in the India in very corner of India since Independence of India and just want to enjoy life pleasure and amenities getting thru Salary and pension and leaves by the Government of India.
PARA 11:- That mostly Judges and Magistrates like now a days I mostly observed them that they want to dismissed mostly the case of 156(3) Crpc and Sec 200 Complaint cases and in many other Civil and Criminal sections or in Revision without going deeply and considering all the factors of the legal complaint of the litigant and the petitioner as they not want to increase more burden on listening the cases and suits of the aggrieved person and like to crush the victim voice in the starting off the case and suits. That they think that he will go to higher court and waste his money and time and get more tension besides hovering in his Court of law. That the presiding officers of lower Court think that they get automatic promotion in every 2-3 years and no one pass any legal precept against them and no negative Judicial Remark gets as this stands in the hands of District Judge who not go against them and nobody knows about what they are doing or not doing for the Welfare of the State. That dismissing a case and suit is very easy task but to extract something valuable from some litigant crucial matter needs professional deep expertise knowledge, time and stamina to disperse impartial justice to the victim against the offenders. That the Judges of lower Judiciary comes thru Exam crammed Questions and have not work before that any victim or client and also not know the deep legal problems of laws how to face off in day to day court practice and that why the presiding officers do not not know about the drafting and the real problem of crimes occurring in day to day and how to apply all the legal provisions of laws. That they think that their abuse of discretion and absolute power corrupt wholly are the only last resort to tackle the litigant problem in just couple of minutes and that why dismissed the cases or suits or may pass adverse orders against the Rules of law enshrined in our legal system and the cases facts to go. That the Reputation of Judges and Magistrates and their assigned Court Staffs know by the local advocates and cases pending litigants very well but no voting and preference each year may be conducted that who are the best for the legal system and who are the worst for the tarnishing the image of judiciary legal system and whom to sack off from the Court Job declared unfit. That no administrative supervision about daily court of laws and no Video Cameras fix in open Court of law that make a complete record that who is working and how he is working and what in the each and every Court of law of all presiding officers are going on. That why the advocates and the Judges and Magistrates getting out of control and the crime graph still increasing in India as no has fear of about Indian laws and the Courts of law.
++ PRAYER ++
That under these dreadful circumstances and the various grave problem entered in our independent judiciary system and I am the citizen of India humbly request and demand to make permanent resolution of the raised issues in this grievance application one by one and finally everyone be resolved by the support of the Apex Court known as Supreme Court of India and the Law Ministry of Government of India for the Welfare of the U.P State and its resident people of India to make their personal life good from all sides in the society and walks with their heads upwards and straight and from shoulder to shoulder with each other. That the law loopholes and the wrong style of practice before District courts will be curbed a permanently resolution thru amendment in laws or thru Supervision by any OSD or other independent body for the welfare of the U.P State. We have to make an India a better place and better society then what the evil and wrongdoing are flowing in our legal system veins. Kindly Also Order and issue precept to make immediate new appointment of the various Judicial Officers on the Vacant Court exist before the current District Courts of UP and in other remaining Districts of U.P.
Complainant and Aggrieved Person:-
Mr KK Agarwal Advocate
210 South Civil Lines, Bulletin Colony,
City :- Muzaffarnagar, State:- Uttar pardesh, INDIA.
Mb:- 09319365499, 09997476919, 09675730306