Lacuna in court proceedings
Querist :
Anonymous
(Querist) 25 November 2011
This query is : Resolved
LACUNA OF COURT PROCEEDINGS:
1. Anybody , appear as accused instead of Mr. XYZ, is marked as present. Because there is NO PHOTOGRAPH of accused, or any parties to proceeding! [ Only photos of Bails ]A Party present are also marked absent ! Who challenges? what happened even if you complain?? It is happening in thousands of Indian courts, daily.
2. No System to give in writing the next date. Roznama is written and signed usually at the end of the day by court clerk, and signed by Judge. No audio or video recording of what is stated, which next date is given, and whenever managed, they changed date, show absence of one of the party, victim of this procedure, and get either ex-parte order or No SAY order and confirm it next date showing the Victim Party is absent when called.
3. Many of Oral Arguments are not noted by presiding Judge, and ORDER Passed on it. Though it is taken care of by submitting Written Arguments, Oral arguments of value are not on record.
4. During Oral Examination of parties and witnesses, Yes to No ,& small alterations of Evidence , shift the entire case from Winning to Losing. Even clerk, when managed, can do it, and Judge do not read it detail before signing, nor is it read out & signed by Witness.
5. Police Panchnama, Criminal Witnesses changes their statements , and Police too, do not Video Record Statements in Police Station, or in Panchas. It all lead to injustice, hostile witnesses, acquittal of Criminals, Lots of Wastage of Time of Police, Court Proceedings, and it all became a mimicry, a Drama of Criminal Proceedings, a Criminal goes out of Court Laughing at Legal Proceedings.
6. Now a days CC TV, PC Camera c Video is so cheap, may not cost even a Rupee per hour, and I am sure, the Litigant will share this cost to get it's Recording,ensure better Judgement, and control corruption, managing the Court, Judges, Police, Witness, Court Clerks, Missing Files, False Records of Presence or absence of Litigants and accused,
I strongly believe, these CC TV , camera audio & Video Recording be freely allowed, and Record be maintained of all cases in all courts. . The cost is negligible compared to the benefit.
Your Opinion and observation in Courtroom, most welcome.Let us improve our Judiciary in the interest of Justice. Let truth Prevail.
Kiran Kumar
(Expert) 25 November 2011
you are absolutely correct in pointing out these issues...even though there has been certain good recommendations of Malimath Committee on reforms in criminal justice system but still no concrete steps have been taken.
primarily there is a lack of political will and even the superior judiciary has failed to find out proper solution to all this.
you can say it to be a systematic failure of the system.
a.manoharan
(Expert) 25 November 2011
i agree with you all except " Many of Oral Arguments are not noted by presiding Judge, and ORDER Passed on it. Though it is taken care of by submitting Written Arguments, Oral arguments of value are not on record." Because , if you come to know that such thing is going on , it is advisable to file Written Arguments. because , it si also a court record that will be helpful for further appeal
Querist :
Anonymous
(Querist) 25 November 2011
WHO WILL BELL THE CAT?
LAKHS OF ADVOCATES & JUDGES OVERLOOK THIS VERY VERY SERIOUS LAPSE ON JUSTICE!
EVEN LAW GIVER PARLIAMENT keep[ quite on this faulty administration of justice.
The Best constituted Laws of India, are worst administrated, & 100 crore of Indian population lost their faith in Indian Courts and Judicial Procedure.
They scare to go to Police . Victims keep quite, or the present Law punish the Victim only. He suffer.
95 % Court cases ends with mutual compromise, as they know, they will never get justice.
If at all they get, it is too late.
Raj Kumar Makkad
(Expert) 25 November 2011
I completely do agree with you but problem is how to start it. It seems an overhaul is required in judicial system of India as the same is not coping with us.
Shonee Kapoor
(Expert) 25 November 2011
So discussion without solution.,
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 25 November 2011
we have to try to solve, today or tomorrow!
Anna may help
Arun Kumar Bhagat
(Expert) 01 January 2012
Why do not our Bar Council of India take up all these issues ? Supreme Court Judges are also practicing Advocates at some time in past. Despite knowing these they do not bother to remove these nuisance.
Querist :
Anonymous
(Querist) 01 January 2012
If we want clear, clean and transparent Law and Administration, All thses Lacuna must be taken care of.
Supreme court and High CourT Appeal, do not re-Examine witness. The witness cannot be examined twice, to fill up lacuna, Judge knows how Advocate Twist Question, get answer, that witness do not mean , and record it, Even Judge do not correct it.
One True Example: A Lady, shown ad B.Ed , Teacher in School, and bank loan obtained on her name, and culprit ran away embezzling entire Flat Loan.
Lady was asked "Is this your Signature"
Lady replied, Yes, but I dd not write this"
Advocate" Reply in yes or no" is it your signature "
Lady said "YES"
The Fact is it was forged copied signature so she wanted to say, the writing looks like her signature, but she did not sign it.
She is illiterate lady , do not know definition of Signature" That is is by your own handwriting.
Judge Recorded Evidence " Yes she signed it"
On Objection, Judge said, I am required to record her answer as she replied.
One will get Thousands f such Example.
Court do not allow Audio/ Video of Court Proceeding, so cannot publish Lacuna in Court room, that is the basis of Justice. How SC or HC help, when root is damaged!!Trial Court is creating all problems and higher Court is helpless against Evidence..
Even Court Evidence cannot be challenged, as all oral, no Video/ audio, and it should be implemented to correct our corrupted, mis managed, with seeings of Judges, Clerks, Advocates, PP, and all concerned with Judiciary.
Unless you prove, how can you punish them ??
ARE ALL THESE WORKING FOR JUSTICE OR MAKING MONEY BU HARASSING INNOCENT PUBLIC, POOR FARMERS WHO LOST THEIR LAND 7 PLOT AT THROW AWAY PRICES, ACQUITTING 99% MURDERS, GOONDA, KIDNAPPERS, RAPERS, WHO INCREASE THEIR CHARGES FOR NEXT GAMES, AS THEY ARE PROMOTED IN RANK, 10 MURDERS NO PUNISHMENTS~~
THEY CHARGES EXORBITANT, AND LIVE luxury life, AND POOR HONEST HOME SEEKER AND FOOD SEEKER PAYS INDIRECTLY TO ANTI SOCIAL ILL ELEMENTS.
who bothers??
When highly educated, double graduates Advocates, wearing black coat, practicing Law this way!!
On this Platform , I am trying to bring to the notice these Lacuna, that is Spoiling the entire Indian Society. All will have to share Sadness, unhappiness, insecurity, fraud, disturb minded, peace-less life.
Thanks Arun Kumar Bhaghat, Let us give this message as a gift of "Happy New Year Today "
