Criminal public interest litigatio
Ratan Kumar Rai
(Querist) 25 June 2012
This query is : Resolved
This pertains to the CRPIL against growing rampant corruptions in the Indian Army. There are 19 Respondents, including the Secretary Defence Ministry, Chief of the Army Staff etc. Five of the Respondents, who are Brigadiers & Colonels did not file their counters. They were sent notices on 3 Apr 2009 which they received. Affidavit filed before the High Court in support of service and receipt of notices by me. On 3 Mar 2011, all the postal delivery slips were shown to the double bench and the bench passed the order "Waive Service". Thereafter, final hearing lasted for about three hours but due to paucity of time, the matter was adjourned to 30 March 2011. In between bench changed twice and despite repeated oral and written prayers, the matter was not listed at all for final hearing. I appeared before the Chief Justice of the High Court and explained to him the urgency and gravity of the CRPIL by citing some important historical incidents where due to the corrupt armies, the countries faced destruction and defeat.
Now the matter came before the fourth changed bench and the Judge directs that the five Respondents, who had not filed their counters are to be served notices afresh, before the matter is listed for final hearing. Two of the Respondents are retired from the Army and its not possible to trace out their addresses. But the bench directs that the Petitioner (In Person) has to find out their addresses and provide these to the Court for fresh notices. The bench says that since these Respondents are un-represented by advocates therefore the bench cannot order for final hearing. These Respondents were un-represented on 3 Mar 2011 also despite that the previous bench allowed final hearing which lasted for about three hours.
The advocate of the other six Respondents discontinued and sent letters to the Respondents that he cannot continue with the matter. The bench took this also an additional ground that, final hearing cannot be ordered till these respondents will be represented by some advocate.
Factual and law points have been explained to the bench but the bench is reluctant to continue with the final hearing.
I request all brother-advocates to provide their valuable suggestions and cooperation in the interest of the nation. A corrupt army cannot defend the frontiers of the country. Please treat this case of your own and extend support if you are true Indians and loyal to the country.
Please treat the matter as most urgent.
Raj Kumar Makkad
(Expert) 25 June 2012
You can move an application before the appointing authority Hon'ble High Court to replace the amicus curie on the ground you told immediately so that a proper justice may be made with the case.
R.K Nanda
(Expert) 09 July 2012
File application with ur affidavit in high court to change the amicus curie in ur CPIL.
Ratan Kumar Rai
(Querist) 16 July 2012
This pertains to the CRPIL against growing rampant corruptions in the Indian Army. There are 19 Respondents, including the Secretary Defence Ministry, Chief of the Army Staff etc. Five of the Respondents, who are Brigadiers & Colonels did not file their counters. They were sent notices on 3 Apr 2009 which they received. Affidavit filed before the High Court in support of service and receipt of notices by me. On 3 Mar 2011, all the postal delivery slips were shown to the double bench and the bench passed the order "Waive Service". Thereafter, final hearing lasted for about three hours but due to paucity of time, the matter was adjourned to 30 March 2011. In between bench changed twice and despite repeated oral and written prayers, the matter was not listed at all for final hearing. I appeared before the Chief Justice of the High Court and explained to him the urgency and gravity of the CRPIL by citing some important historical incidents where due to the corrupt armies, the countries faced destruction and defeat.
Now the matter came before the fourth changed bench and the Judge directs that the five Respondents, who had not filed their counters are to be served notices afresh, before the matter is listed for final hearing. Two of the Respondents are retired from the Army and its not possible to trace out their addresses. But the bench directs that the Petitioner (In Person) has to find out their addresses and provide these to the Court for fresh notices. The bench says that since these Respondents are un-represented by advocates therefore the bench cannot order for final hearing. These Respondents were un-represented on 3 Mar 2011 also despite that the previous bench allowed final hearing which lasted for about three hours.
The advocate of the other six Respondents discontinued and sent letters to the Respondents that he cannot continue with the matter. The bench took this also an additional ground that, final hearing cannot be ordered till these respondents will be represented by some advocate.
Factual and law points have been explained to the bench but the bench is reluctant to continue with the final hearing.
I request all brother-advocates to provide their valuable suggestions and cooperation in the interest of the nation. A corrupt army cannot defend the frontiers of the country. Please treat this case of your own and extend support if you are true Indians and loyal to the country.
Please treat the matter as most urgent.
