The ministry of law and justice , new delhi


To,

 

      The Ministry of Law and Justice,

       4th Floor, A-Wing,

       Shastri Bhawan, New Delhi-110 001

       Government of India, New Delhi

 

 

COMPLAINT UNDER ART 350 THE CONSTITUTION OF INDIA 1949.

 

SUBJECT:-  Many Functioned 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” of vacant courts and other legal problems.

 

+ Mr Justice and my LordShip!

 

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 months have been facing a big problem of extreme shortness of judges and Magistrates not appointed or 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 months 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 and making curse to the legal system and my 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” 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 System of Judiciary is very disturbed and hotchpotch in Uttar Pardesh and the people of Uttar Pardesh are dying in desire of breathe of justice to be done or not someday. That the Art 39A provide free legal aid to every people of India by the State Government but when the Required Judges and Magistrates will not be appointed on sharp time and made available daily in the functioning courts 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 Districts of Uttar Pardesh. That due to that the crime 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 then who may stop them for making next crime not to get occur in the Uttar Pardesh.

 

Para 3. That it is the bounden duty of the U.P State Government and 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 case as to be consider a valuable 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 vacant unfortunately till yet by the Wilful gross negligence of the U.P State Government and the Registrar General of the Allahabad High Court.

3.1 That Now in the District Muzaffarnagar the List of the Vacant Courts are as follows:-

1. The A.C.J.M-II Court Vacant till yet

2. The A.C.J.M-III Court Vacant till yet.

3. The Civil Judge (Senior Division)-II Vacant till yet

4. The Civil Judge (Senior Division)-III Vacant till yet

5. The Judicial Magistrate – II Vacant till yet (from Last Eight months)

 

3.2 That Now in District Saharanpur the List of the Vacant Courts are as follows:-

1. The Principal Judge [Family Court] Vacant till yet.

2. The Civil Judge City (Junior Division) Vacant till yet.

3. The Civil Judge Rural (Junior Division) Vacant till yet.

4. The A.C.J.M –IV, Vacant till yet

5. The Judicial Magistrate -I, Vacant till yet.

4. The Judicial Magistrate – II, Vacant till yet.

5. 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 gap 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 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. The No court of law 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 law then just on that day get Bail in couple of minutes immediately and then after every time when the trial dates come 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 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.

 

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 bar coming for Nomination to till results finalized, Shivji 15 days Kavadh Yatra Coming, every Saturday strike and no work completely since 1985 for High Court bench demand, Nagar Palika Election coming, Panchayat Election Coming, etc etc through a written letter note issued by District Bar President to every functioning court for Strike and for so that day no work would be taken place in any court and the presiding officers move to chambers or outside District Courts and then after the suffered litigants and other advocates again gets two months next date for the case next hearing by the Reader in absence of presiding Officer. 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.

4.3 That due to this dirty practice procedure and loopholes the every court Clerks and the Reader and the Alamad not make good respect of the other workaholic advocates and treat them like a puisne person in the society and do their 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 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 some old High Rank advocates or powerful litigants get their file put any time before the Desk on the presiding officer to call and instruct Reader to present it and only in that day the file thru that case and suit hearing would began. Rest others get a chance of their case or suit was no surety 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 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 Hell is 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.

 

Para 5. That some people don’t like my raise of concern on exposing the secret style of 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 then what the benefit I get to be advocate called in the society and how the justice for the people 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 apologize that I have to make this official complaint and has addressed to the Apex Court and to the 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 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.

 

                                  ++   PRAYER ++

 

That under these dreadful circumstances and the various problem entered in our independent judiciary system I am the citizen of India 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 residents 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 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 a 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.

 

Thanking You!

 

Dated:- 10-June-16                                   

 

Complainant And Aggrieved Person:-

Mr KK Agarwal Advocate

210 South Civil Lines, Bulletin Colony,

City :- Muzaffarnagar, State:- Uttar pardesh INDIA.

Mb:- 09319365499, 09997473484.

 

 



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