Why cannot supreme court upload sample slp in its website?

Advocate

Dear friends, legal luminaries and others,

 

I was in Delhi to file a SLP in Supreme Court recently.   I had seen that entire office procedures are fraught with Red Tapism.  I had prepared the SLP strictly according to the Supreme Court Rules, 1966 (Order XVI) which deals with subject Appeals by Special Leave.

 

After reaching there one Advocate clerk had told me that if you prepare Index like this, it will come in objections.  I had prepared Index Alphabet wise, say, B1 to B6 List of dates, D1 to D10 SLP, E1 to E173 Annexure P1 and so on.  I was told that up to List of dates, the Alphabets should be used, from Certified copy of judgement/order which is challenged in SLP, it would start with numbers 1, 2, 3..... and so on.

 

After reaching Supreme Court, from Hyderabad with 2 days of hard journey in train, I was told like this.  I wanted to avail one seat somewhere to re-prepare the Index and renumber the 4 sets of documents.  I did not find a place there.  I came out of Supreme court and caught Autorickshaw, went to Connaught place and spent Rs.400/- and 4 hours time to prepare index on those lines that the Advocate clerk said.  If I prepare index like that, the numbering of documents will change.  I have changed numbers in around 1200 pages (4 sets).

 

The advocate clerk told me you need to file another form called Listing Proformas which will be A.  I did so accordingly and having satisfied with that I went back to file at the counter.  At counter, the clerk told me, I need 3 more copies of documents.  I had spent Rs.600/- catching another clerk and got that prepared and filed at counter utilizing his services.  Still there are many defects they are saying.  And they will give one Diary number, after 4-5 days, the Office of registrar will point out defects and upload in the Net for which I have to make another trip to Delhi from Hyderabad to cure the defects.  There is a counter called "Curing of Defects counter" at Supreme court for this purpose.

 

The point is, I did not know all this before starting at Hyderabad.  The only information available to me was the Supreme court Rules, 1966 and I prepared the petition accordingly.  After reaching there one after the started pointing out, it should not be like this, it should not be like that and so on. 

 

Important to note is, the Court administration treats the Delhiites and non-Delhiites coming from far away places from all over India alike.  If there are defects to be pointed out and need to be cured or rectified, it is easier for a Delhiite to revisit court two times, three times or four times.  How is it possible for non-Delhiite to visit the Supreme court as many times as a Delhiite can visit?

 

If I am to stay there for five more days, it involves boarding and hotel expenses.  If I go back to Hyderabad and travel back, it involves Travel expenses. 

 

I came back home with extreme dissatisfaction that our case will not even be seen by the Judge, it will be stuck up in the Office itself. 

 

The only simple question that I want to ask the legal luminaries of this website is, IS IT ANY KIND OF DELIBERATE ATTEMPT TO MAKE THE SYSTEM ADVOCATE-CENTRIC AND MAKE GENERAL PUBLIC ADVOCATE-DEPENDENT?

 

Why don't the Supreme Court upload one Sample Petition which is perfect in all respects in every category (Petition filed by Advocate/Petition filed by Petitioner in person etc) and convey to people through its website to bring the SLP on those lines?

 

Secondly, it involved Rs.11000/- expenses for me to visit Delhi and file the SLP.  The Court fee paid was only Rs.290/-.  Why cannot Supreme Court open filing counters at least in Capital cities and collect more amounts from General Public to transfer the SLPs from Capital cities to Delhi?  I had travelled in Second AC because I had to book tickets urgently.  If I had gone by Sleeper the expenses would have been around Rs.4000/-.  When the expenses involved are so much to reach Supreme Court for non-Delhiites, why cannot the Supreme Court open counters at least in all Capital cities for time being and collect the SLPs in Capital cities of all States?

 

People don't mind spending Court fees of even Rs.2000/- or Rs.3000/- in place of spending for Travelling expenses and Hotel expenses to come and stay in Delhi to file petitions. 

 
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Advocate

After changing numbers in 1200 pages to satisfy the Court admnistration, the counter clerk says, the affidavit and certificate should not come after annexures, it should come before annexures.  Which means, if I place the affidavit and certificate before annexures I have to again change numbering in around 1200 pages.  There is no mercy on people?  How does it matter whether the affidavit comes before annexures or after annexures.  My view is if Index is given correctly and comprehensively, whatever be the numbering and what ever be the order of documents should not matter. Is it not cruelty to say to some non-Delhiite "I want makki ki makki....otherwise, your petition will not even reach judge to be read by him?".  Who is there to take care of this?

 

And if that is how it is needed then why don't a sample SLP be uploaded for the convenience and knowledge of general public?  Why public are harrassed like this after reaching Delhi?  Is it a ploy to make public feel that he cannot do it on his own and fall back on the services of Advocate paying 25000 or 30000 rupees to him?

 
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Advocate

Is it sensible to make public aware in what form a petition to be filed before they come to counter or is it sensible to send them to counter without any knowledge whatsoever and then call them to "curing of defects counter"?  Why do the Court administration wants to increase their workload like this?  If they make people aware by uploading a Sample SLP (perfect and complete in all respects) or for that matter a sample of every kind of petition that is to be filed with Supreme court, they do not have to waste time locating defects and uploading them on Internet.  The defects to be pointed out will reduce by at least 80 percent if they make general public aware.  It is not only for petitioners in person, it will be helpful even for Advocates reaching Delhi from outside Delhi who are not Supreme Court Advocates.  Without educating people and Advocates outside Delhi why they want to spend time, locating defects and again calling people in hundreds at the counter of Curing of Defects?

 
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Advocate

@Raz.  There is a need for courts to collect more fees and lend services of Registrar's office more effectively.  The court fees being taken is too meagre, it can be increased many times depending on the need.  I could have happily paid court fees of Rs.5000/- if Supreme court had a counter to receive Petitions for filing at Hyderabad. 

 

Others may not pay Rs.5000/- but at least a thousand or two from every petitioner as court fees will help the apex court to appoint more personnel and to set up counters to general public to receive petitions at capital cities.  People don't mind spending that much amount to avoid the effort involved in plying to Delhi.

 

It appears to me that the process of filing is deliberately made "advocate centric" so that people go and depend on advocates rather than on court administration.  Advocate is needed to represent the case of petitioner.  The real relationship is between Judge and the Petitioner.  ADVOCATE IS NOT THE LIAISON BETWEEN THE JUDGE AND THE PETITIONER.  COURT ADMINISTRATION (OFFICE OF REGISTRAR) IS THE LIAISON BETWEEN THE JUDGE AND THE PETITIONER.  But unfortunately in our country the Legal practitioners, including judges (by not making Rules conducively for general public) are making general public believe that only Advocate is the liaison between the Judge and Petitioner.  If any documents are missing, it is the job of Court administration to collect and keep it before the Judge in order.  But that process should be simple and humane.  The fact that one or two papers are missing should not make the entire petition itself ineligible to be placed before Judge.  

 

Secondly, Advocate is the need of Petitioner, he is not the need of Judge.  But unfortunately, because too many documents are being filed the Judges are unwilling to read and they only want to hear from Advocates.  Judges expect that Advocates spoon feed them about case during hearing itself and they do not do any homework going through the Written Documents filed with Registrar's office.  If Advocates are not there, they even do not take care to peruse the Documents filed.  This way, Advocate has become more a need of Judge than that of litigant.  

 

A petitioner's right to be heard includes his right to be read.  


Hence it is necessary for judges to read the Written documentation filed with Registrar and deliver judgment even in the absence of Petitioner during hearing.  It may be possible that the Petitioner might say, "I do not have anything more to represent through counsel or otherwise by directly representing my case during hearing....hence kindly decide my case on merits by perusing the Written submissions and documents submitted in the forum of petition".  Yes.  He has every right to say so.  

 

Thirdly, when I filed four sets of Petition, in defects it is shown that adequeate number of sets were not filed.  The counter clerk only gives one diary number.  How can I prove that I had given 4 sets to him in case he denies having received it?  There should be a proper Receipt that should be given to the Petitioners when they file petitions at the counter.  And also there should be a grievance cell to address grievances of petitioner's related to filing. 

 
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Advocate

@Raz.  I have decided to give up our case because of this problem with curing of defects.  There are seven formalities he had asked me to note down in my book at filing counter.  Without following them, he would not have received my Petition at all there.  Again in defects they are showing same as defects which he had asked me to fulfill when I filed the petition at counter.  I understood it all in the "manner that everyone in our country would normally understand while dealing with sarkaari work".  The suit is for about two lacs and we cannot afford an Advocate who might charge up to a lac or so because at Supreme court level we have to spend on Advocates that much.  So we are neither in a position to appoint an Advocate nor in a position to "satisfy" the Court administration with regard to defects by travelling time and again to Delhi from Hyderabad.  So decided to forget the case and consign it to the record room of Supreme Court of India. 

 
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Advocate

@Raz.  If an Advocate is there, "he knows how to do it" (filing).  Samjhenaa.  For that we have to pay fees according to his standing.  Post card pe likhe to bhi PIL receive karte hain Court, ye sab baaten hain...only on paper.  Ek petition Judge tak pahunchnaa hain to we have to face hell a lot of red tapism with Court administration and it all discourages general public.  23 saal lad ladke chod dene kaa faislaa kiye hum. According to me Index theek ho, judge is able to locate the documents filed easily seeing the Index...that is enough.  But what they expect is that it should be filed makki ki makki.  In the Index if first subject is given numbers A1 to A20 second subject is given numbers B1 to B30, it will not be accepted by them.  They want that first alphabets are to be completed and then numbering should start.  These things are not told in rules.  Only Advocates who deal with these matters day in and out know these Secrets. Then how can you and I (common man) can go and help ourselves to be heard by Judges?  

 
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Advocate,

The obstacles faced by you will  stare at an advocate also if he is filing for the first time. The crux of the problem is distance and time. A bench of Supreme Court at some place in South India is the real need. 

 
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Advocate,

The obstacles faced by you will  stare at an advocate also if he is filing for the first time. The crux of the problem is distance and time. A bench of Supreme Court at some place in South India is the real need. 

 
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senior civil judge CUM ADMINISTRATIVE OFFICER

you should have gone through this link available on the website of supreme court

 

http://www.sci.nic.in/handbook3rdedition.pdf

 
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