Can a pil be filed against some injustice done by a judge ?
Querist :
Anonymous
(Querist) 02 December 2011
This query is : Resolved
I have clear proof that the judge violated basic rules of Court proceedings and his faulty Order is just a slap on the face of justice which harms various Govt. departments' revenue /Public interest also.
I can not file an appeal because I am not party in this case, so can I file a PIL in this case ?
Or some other alternative/writ etc. for me?
SOS..
adv. rajeev ( rajoo )
(Expert) 02 December 2011
No you cannot file a PIL or writ. Aggrieved person can file an appeal.
Or you can do one thing make complaint to the REgistrar of Vigilence, High Court.
V R SHROFF
(Expert) 02 December 2011
Widely publish, in News Papers, Media, the Facts, if u think it is so serious, and is in Public interest.
It will have same effect.
If u have reason to believe it was due to corruption, inform HC Registrar , c Letter to Anna
Shailesh Kr. Shah
(Expert) 02 December 2011
make complaint before concerned high court and supreme court would be best remedy.
Advocate Rajkumarlaxman
(Expert) 02 December 2011
Registrar Vigilance of the concerned state Highcourt is the best remedy as said by our expert. i do agree for the same.
Devajyoti Barman
(Expert) 02 December 2011
PIL may lie against the system prevalent in judiciary but not against a particular judge.
Raj Kumar Makkad
(Expert) 02 December 2011
PIL cannot be filed but adopt alternates as suggested by various experts.
Advocate. Arunagiri
(Expert) 02 December 2011
If you are aggrieved by any order of the court, the only way is to prefer appeal against it.
Complaining against the judge will not give any productive result.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 02 December 2011
It is a double edged sword , even if correct but you are not able to prove by hard evidence heavy costs will be imposed.
M/s. Y-not legal services
(Expert) 02 December 2011
even you not stated your case.,
how you can say that that order against justice?
so state your facts.. then we can discuss more..
Querist :
Anonymous
(Querist) 02 December 2011
Should I file complaint to vigilance of Supreme Court.I feel that as Court's basic process was compromised by the judge so a complaint must be filed but to the vigilance of Supreme Court or Vigilance of High Court--here I am confused..
prabhakar singh
(Expert) 02 December 2011
PIL is part of judicial system and not any derogation thereof.When a case is decided,rightly or wrongly,only further procedure shall be followed.If it is a case of corruption then complaint may be made in administrative side but no PIL shall lie.
OF which court is the judge?Of DISTRICT COURT ?HIGH COURT? or SUPREME COURT
Querist :
Anonymous
(Querist) 02 December 2011
prabhakar sir, I agree that the when a case is decided rightly/wrongly--further procedure shall be followed but here even though I was a part of the case but I am not a party of this case but I know that a lot of legal/logical issues have been compromised by the judge, due to which losses are going to happen to different Public Departments, hence I was thinking of PIL and other alternatives..Please respond further..request to all the Lrnd Frnds..
Querist :
Anonymous
(Querist) 02 December 2011
The case was in High Court
DEFENSE ADVOCATE.-firmaction@g
(Expert) 02 December 2011
You seems to be over zealous , pl follow the case of Justice Sawant who was criticized by Times of India news channel and after objection there was five days continuous apology still HUNDRED CRORES defamation damages have been awarded and SC has directed first payment than appeal.
ARE YOU READY THAN GO AHEAD.
Querist :
Anonymous
(Querist) 02 December 2011
You seem to be under zealous my dear JSDN sir or madam --I do not know, why U think that complaining against some judge is something which should not be done,Judges are not Gods, after-all human beings, if a higher Court can invert a judgement of a lower judge,does that mean something wrong,similarly if a judge seems to have done wrong then why not complain against.
Just follow Jessica Lal case and similar other cases,which were inverted after media made hue and cry..
The real thing is whether the complaint stands on some ground or not...
Hope u will respond further...
Querist :
Anonymous
(Querist) 02 December 2011
And these posts of Vigilance registrar are not be used by anyone then why these posts are meant for at all,JSDN sir or madam..., with due respect, I wanna say...
Querist :
Anonymous
(Querist) 02 December 2011
JSDN sir, times of India channel criticism ,if wrong was a kinda defamation, I do mean to make hue and cry in the media, but I wanna complain through proper channel if there is one...
See the difference, or do U mean to say that if someone complains in this manner, he may be penalized for doing so... ?
Advocate. Arunagiri
(Expert) 02 December 2011
You can not complain on the judge for his erroneous decision.
If you feel he is corrupted, you can send a complaint to the CJI supported with proof.
But, it is very tough to prove the corruption, even if you prove, it is very tough to remove the judge.
Only impeachment in parliament followed by the order of the president, he can be removed.
Querist :
Anonymous
(Querist) 03 December 2011
Advocate Arunagiri sir, what do u mean to say?
Do U mean to say that even if a judge has given some Order, compromising basic rules of Court proceedings then I can not complain at all, but if I have proofs that he is corrupted then only I can complain.
What is the meaning of judge, if he does not abide by basic rules of court proceeding, it is self evident that either he is a fool or corrupt, both ways an invalid judge, who gave an invalid Order.
Now there is a question whether to complain to Vigilance Registrar of High Court or Supreme Court, or Chief Justice of India ?
Help.......
Raj Kumar Makkad
(Expert) 03 December 2011
You make complaint either of the agencies you prefer fit as you do not seem innocent and are fuly capable to decide.
do not judge advocates and do what ever you deem fit.
Querist :
Anonymous
(Querist) 03 December 2011
Makkad Sahib, why annoyed?
I do not seem innocent to U !!!--how ? what wrong it seems to U that I might have done?
If I cross question the Lrnd Frnds, who answer, does that mean that I am judging them?
I am not fully capable of doing anything, if I will have been, I will not be putting queries..
Last, I admire U all that U take time and share Ur knowledge here, from the depth of my heart...
Plz. do not be offended, I feel that by questioning the replies by U Lrnd Ones, should be no reason of feeling offended.
Love U all.
Seeking further guidance...
Advocate. Arunagiri
(Expert) 03 December 2011
I have already said, If you want to complain on a High Court judge, send the complaint to the CJI. (Chief Justice Of India, Supreme Court of India.)
Advocate. Arunagiri
(Expert) 03 December 2011
Dear Anonymous,
Mr.Makkad is my friend, if somebody is criticizing his friend, he is not tolerating it and extends his support.
I feel proud of having a good friend like Mr.Makkad.
You may take the comments of the Mr.makkad in the right spirit, likewise I am taking your comments in the right spirit and answered to your recent query also.
Querist :
Anonymous
(Querist) 03 December 2011
Arunagiri Ji, Makkad Sahib is friend of all of us, he is great help to all of Us, I know this, I admire his legal knowledge.
In fact we all are in one manner computer who many time gets directed by some emotions also or some any other deep rooted reason, and even the sharpest mind becomes wayward, this happens with me also many times and with everyone.
Again I admire u all, Love U all and feel at heart that U all are great help for all of us.
Querist :
Anonymous
(Querist) 04 December 2011
Arunagiri Ji, Makkad Sahib is friend of all of us, he is a great help to all of Us, I know this, I admire his legal knowledge.
In fact, we all are in one manner computers, who many time gets directed by some emotions also or some any other deep rooted reason, and even the sharpest mind becomes wayward, this happens with me also, many times and prhaps with everyone, that is quite human.
Again I admire u all, Love U all and feel at heart that U all are great help for all of us.
prabhakar singh
(Expert) 04 December 2011
Right are your observations about human mind.
I am sorry i could not visit to attend your
reply addressed to me earlier.
It is true that like computers our mind also solves things on preoccupied knowledge unless
we tax it to think continuously to come out with a solution to a new thing.
How others have taken you is unknown to me.
But to me you are admirable in your innovative thinking.Any one should admire you who knows that PIL was not a concept recognized,it was just a need of the day that courts who used to cry "let it be wrong what is your locus". recognized it.
Like other 02 organs the judiciary is also
an organ of the constitution.Hence it is also equally accountable to 'WE PEOPLE OF INDIA' as much as the others 02.I DO NOT HOLD A VIEW THAT A THING WHICH HAS NOT HAPPENED IN PAST CAN NOT HAPPEN IN PRESENT EVEN IF IT IS NEED OF THE DAY.SO AS A MATTER OF PRINCIPLE I DO AGREE WITH YOU THAT A PIL MUST LIE AGAINST A JUDGEMENT OF A COURT WHICH HAS BY PASSED ALL JUDICIAL NORMS AND THE RESULTANT IS THAT IT HAS NOT ONLY EFFECT ON PARTIES "BUT ALSO ON PUBLIC AT LARGE-ON WE PEOPLE OF INDIA"BUT MY CONCERN IS THAT WHERE WE PEOPLE OF INDIA ARE STILL NOT FREE AS THAT OF AMERICA WHERE
JUDGES ARE NOT ADDRESSED AS 'MY LORDS'WHICH WE STILL ADHERE TO. WHETHER THEY SHALL FEEL SAME COMFORT AS THEY HAVE FELT SO FAR ENTERTAINING PIL[S]AGAINST OTHER ORGANS OF OUR CONSTITUTION? BECAUSE MUCH HAVE COME SO FAR FROM THEM IN THIS AREA WHAT WE OFTEN NOUN AS "JUDICIAL ACTIVISM".OR ??THEY SHALL FEEL AN ONSLAUGHT OVER THEIR COMMUNITY".BUT YET MY MIND IS WANDERING WHETHER FOR THIS REASON ALONE "WATCH DOGS" LIKE US SHOULD NOT COME FORWARD AND TRY FOR BETTERMENT OF
"WE PEOPLE OF INDIA".
HOPE YOU UNDERSTAND ME WHAT I HAVE TRIED TO COVEY.
prabhakar singh
(Expert) 04 December 2011
IF JUDICIARY BELIEFS ARE IN GANDHIANISM THEN IT WOULD BE BETTER FOR IT TO CLEAN ITS MESS ON ITS OWN BY PIL[S] INSTEAD OF INVITING "ANY
OTHER" AS ONE ON CALL MADE BY ANNA.
Querist :
Anonymous
(Querist) 04 December 2011
Thanks a lot to all the Lrnd Frnds, from the depth of my heart.
U guys are amazing, there on the road, even after paying we do not get appropriate counselling , here we get Ur precious consultation free of cost, what more we want.
Thanks a lot.
Further contributions are welcome....
Querist :
Anonymous
(Querist) 04 December 2011
JSDN/Sir/Madam, do you know what is reading between the lines and seeing through the words, it is what I am going to do with your last statement, you say,"very bold statement and now you are confident please update your further steps".
Ha Ha, what bold you saw in my last statement and what confidence you saw in that?
Does appreciating someone praiseworthy needs some confidence or boldness? But you saw a kinda boldness and confidence. No! No ! You are just trying to instill some kinda awe in me, that is why you are asking to update my further steps. Do not you mean that?
Hope none of the Lrnd frnds will be offended, I do not want to offend any body at all. But I believe in genuine expression done in a respectful manner.
Querist :
Anonymous
(Querist) 05 December 2011
JSDN, Sir/Madam, why did you not replied my cross questions raised in front of your initial reply, point to point ?
I am still waiting, that will enlighten one and all further, with due respect....
Anirudh
(Expert) 05 December 2011
Dear Anonymous,
You say, "I have clear proof that the judge violated basic rules of Court proceedings and his faulty Order is just a slap on the face of justice which harms various Govt. departments' revenue /Public interest also."
Can you please explain in what manner exactly the Judge in question violated basic rules of court proceedings?
Can you paste the order, which according to you is Faulty?
Can you please indicate in what manner the Government's Revenue/Public interest would suffer because of the alleged faulty order / compromise of the basic rules of court.
You also please indicate whether the Judge concerned is at District Court / High Court / Supreme Court level.
DO YOU MEAN TO SAY IN THE ABOVE CASE ONE OF THE PARTIES TO THE CASE IS THE GOVERNMENT DEPARTMENT / PSU? and such a party which obviously would have got affected by such an order, is not likely to prefer any Appeal (for whatsoever reason best known to it) so that since no one is going to appeal, you feel it your duty as a citizen of the country to protect the interests of the organizations / public interest?
Since you appear to be an highly public spirited person, if you provide the exact information against each of the above queries, one can go through the same and provide appropriate view on the queries raised by you.
