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Lawrence William (Service)     19 November 2009

Delay in Justice " our system' ??

Mr X was slapped with a false complain by his ex employers with IPC 467, 468, 420 etc.After taking Rs one lac. fees, an  advocate advised for quashing in HC ..failed to anything and withdrew (after 7 days), mr X ran hanky panky in sessions court, another advocate took Rs 50,000/- sessions court  refused A/B. mr X was forced to go to the HC, found third advocate who again has already charged Rs. one lac. Now the final judgement is pending till tue. The complain was lodged on 30th of Sept. The HC has summoned the investigating officer to explain further. Mr X is looking at the sky for his early release. The basic charastics of the  system itself is such that, once you get in to the vicious circle, one can only get to know if he/she is trapped in it. Innocent people are likewise puished, and the victims are further victimesd.Mr.X has already poured a huge amount and still awaiting justice...is the system faulty or anybody getting into a legal tangle will face the wrath?



Learning

 29 Replies

N.K.Assumi (Advocate)     19 November 2009

Its not a new story in this profession: Yes we need complete change in the system that is the the Bench and the Bar and not the Government or the political party.


(Guest)

Daily such incidents are taking place in our country. One has to blame the system of our Government's administration and Judicial administration. Now majirity of citizens are showing theri fingers towards judiaciary for its inefficiency. 

Santosh (Sr. Manager)     20 November 2009

Corruption and immorality is nothing but our system, police and court is base camp, If you go for copy of ROJNAMA in our any Indian court its coast is 35/- rupee but cannot get that less than 100-200 rupee.
Here you will get justices but at that time when there is no value of that discussion.
If person start his fight in court legally then he will get discussion with in 10-15 years if you are common man 
So don’t fight compromise the matter, even current system force you on same way.

Anil Agrawal (Retired)     20 November 2009

We are egoistic by nature and rush to court over trivial matters. I know a case filed for 36000 rupees 10 years ago which is still lingering. So far 60 times it has been postponed and still has not seen the light of the day. No hearing started. The complaint comes all the way to the court in his car and must have spent more than Rs.10000 on petrol alone. How much more spent on advocates, court fee etc. can be imagined.

But ego is ego.

Anil Agrawal (Retired)     20 November 2009

 We are illiterate. We donot reports. We are the nexus. We take no action.

HC query on Vohra committee report puts Rane in a spot

Our Political Bureau MUMBAI 



IN A jolt to the Shiv Sena and its bete noire Narayan Rane, the Bombay High Court on Thursday sought to know what the party and Mr Rane did when the NN Vohra committee report on the nexus between politicians and organised crime syndicates came out in 1993. The Shiv Sena-BJP alliance came to power in 1995, two years after the report was made public. Mr Rane was a Cabinet minister in Sena-BJP government and later became the chief minister. 

    The query by the HC is more embarrassing for the Shiv Sena since it has come in response to a PIL filed by a Sena activist against Mr Rane’s statement immediately after the 26/11 terror attack that he knew some politicians in the state who provided monetary and logistical support to terrorists. In the PIL, Solapur-based Sena activist Purushottam Barde wants Mr Rane to name the politicians who allegedly provided assistance to terrorists. 

    The PIL also seeks a probe into the revenue minister’s statement, which he had made after he was denied the post of chief 
minister in the wake of 26/11 attack when Vilasrao Deshmukh had resigned. However, Mr Rane reply filed in the court last week says he was referring to the Vohra committee report on criminalisation of politics, and was not talking about any individual. 

    On Thursday, when the hearing started, Justice Patel sought to know from the petitioner’s lawyer: “After the Vohra report came out, what did your party (Shiv Sena) do? Whether you were able to identify these people? We want to know what your government did when you were in power (from 1995 to 1999).” 

    Justice Patel asked if the Sena was aware of the Vohra commit
tee report when it came to power. 

    The report on politician-criminal nexus was prepared by NN Vohra, a former Union home secretary. The court also directed the petitioner’s lawyer to ask the Sena leaders as to what had happened to the report. 

    “You should have resigned from the party if it had not acted on it. We want to know what Shiv Sena did after the report. Shiv Sena is accountable to people,” the court said. 

    Recalling that Mr Rane was Maharashtra chief minister in 1999 when the Sena-BJP combine was in power, the court said the Sena should have removed him from the chief minister’s post if he did not act on the report. 

    The court did not spare Mr Rane either. The court asked the revenue minister’s lawyers as to when did their client first read the report. “You were once the chief minister. Did you come across the report then? A very responsible politician brought the report to the people’s notice. After that he was elected, now let the people know what happened to the report,” Justice Patel said referring to Mr Rane. 

    The next hearing on the matter has been adjourned till No
vember 26 — incidentally the first anniversary of the 26/11 attack. The court has told the government lawyer to ask the home department whether any politician having nexus with criminals has been identified. 

    Mr Rane had talked about terrorists’ links with politicians at a press conference on December 6. At that time, Mr Rane was peeved with the Congress leadership and Mr Deshmukh for choosing Ashok Chavan over him as the chief minister. However, he had not specified whether he referred to terrorists who attacked Mumbai on November 26.

SANJEEV KUMAR (STUDENT)     20 November 2009

ANY INEFFICIENT SYSTEM BREEDS CORRUPTION. IN OUR COUNTRY WHERE THERE IS EFFICIENCY THERE IS LESS CORRUPTION. COMPUTERISATION / RTI HAS SHOWN SOME LIGHT IN DARK.

LEGAL PRACTITIONERS KNOW THAT WHAT WILL HAPPEN TO CASE? IF ANY BODY CAN NOT SOLVE ISSUE THEMSELF THEN WHY TO EXPECT FROM ANY PERSON/BODY WHO IS BURDENED WITH ENDLESS CASES.

DO NOT EXPECT TOO MUCH.

OUT HON'BLE CJI HAS SUGGESTED OUT OF COURT SETTLEMENTS.........READ BETWEEN THE LINES.

MY SUGGESTION IS THAT PETITIONER/ACCUSED SHOULD BE ALLOWED TO SAY THEIR POSITION IN SIMPLE LANGUAGE (LAYMAN WAY). ONLY AFTER THIS CASE SHOULD BE PROCEEDED.

MORE COURT/ MORE JUDGES AND SPEEDY TRIALS CAN ONLY INSTILL FAITH INJUDICIRY OTHERWISE PEOPLE WILL TAKE MONEY FOR DOING NOTHING. AND IMAGE OF LEGAL PROFESSION WILL BE FURTHER TARNISHED.

LET SWEAR IN NAME OF GOD.................................................ONLY

SANJEEV

Anil Agrawal (Retired)     20 November 2009

 Good luck for your optimism.

N.K.Assumi (Advocate)     21 November 2009

But why should we swear on God when the constitution speak about Secularism.

Anil Agrawal (Retired)     21 November 2009

 They don't know the difference. 

brijesh sharma (Service)     21 November 2009

Our country is listed in most corrupted countries. Most of us feel that corrupt persons knows the the tactics of law and how to manage the procedure. Manynof the courts have no critaria in listing the cases. Old cases listed at last while new cases listed at above? This clear cut "manage procedure" play game for delay the justice. According to transparency international 77% indian feel disshonesty in the court. Ther are lot of for reforms. Check system should by multy diamentionly not single. Disposal of the case on the "technical grounds" should be condemed. Natural justice should be prefer. Other wise more Madhu Koda will be generate frquently.      Brijesh Sharma

Anil Agrawal (Retired)     21 November 2009

 I beg to differ. It is not the most now. I think it has gone down by one notch.


(Guest)

Assumi ji,

What ever type of constitution it may be each and every person has its own belief. India is the only  country in the world have given freedom to all religions equally.  We the majority of indians are misunderstanding the meaning of secularism. Can you tell is there any country in the world which is not following any religion at all?

God is not meant for a particular religion. God means omnipotent.

On what name one has to swear?

 

Anil Agrawal (Retired)     21 November 2009

 Faith is a peculiar phenomenon. Hindus have installed statues of their Gods at every nook and corner and hundreds of animals are sacrificed to propitiate the Gods to bestow wealth, happiness, child, success in litigation, education abroad, promotion and what not. Gandhi has written that once when he was forced to visit Kali temple at Calcutta, he saw rivers of blood flowing from animals being sacrificed. It is taboo for Muslims to worship God in form. Even photographs are banned. But Jinnah's photo adorns every house in Pakistan and government take pride in displaying it. We have Ganesh drinking milk, sea water turning sweet and Mother Mary crying. 

What was the preamble of the Constitution when it was framed? From where  did the word "secular" got into it and why. Left Parties in India don't believe in God. But, they make a beeline during Dura Pooja to Kali Temple. 

If I don't hurt others, that is the best form of mental satisfaction for me instead of going to temples clapping, begging forgiveness, bribing the Gods with sweets, garland and coconut. It is a matter of record that the Siddhi Vinayak Temple in Mumbai is the richest temple in Maharashtra and the offerings run into crores. The so-called celebrities and politicians carry along with them TV crew to photograph them there. It is also a matter of record that out of these hundreds of crores, the Trust (controlled by Netas) liberally makes grants to institutions run by Netas (institutions that have no land, no furniture, no room, no electricity, no teachers and no students). The hackneyed phrase of for the people, by the people and of the people is fully implemented by Netas here in gobbling the temple funds. There is a trust and Netas are the trustees. 

Those who believe in secularism live in make believe world. We have adopted western way of life but are still steeped in the civilization handed down to us from Indus Valley.

I have no quarrel with such faithfuls and believers. 


(Guest)

Agrawal ji,

State (Nation)  follows Secularism. Individuals follow Faith and belief.


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