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Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     11 January 2017

Centre can't file affidavits through low-ranked officials

.... It all came to a head when the bench headed by the CJI found that the Centre, which was obliged to audit the accounts of NGOs which received public funds, had scant knowledge of its duty to keep a check on the spending of the money given from the exchequer.“When reply affidavits are filed by under secretaries, what more could one expect,“ the bench observed.

.... the bench told him, “Henceforth, no affidavit of the Union government will be permitted to be filed in the SC without it being signed by the joint secretary of the department concerned.“ The court has finally put the accountability on the head of the department and senior officials for every affidavit that would be filed in future.



 2 Replies

P. Venu (Advocate)     12 January 2017

The direction may not make much of a difference. The courts in our country, Supreme Court included, are reluctant to enforce of the basic command of Manusmriti in ensuring discipline in the judicial process: "‘Litigants should not either enter the courts; or if they enter the courts they should only tell the truth. Those who remain silent when questioned and those who answer falsely are sinners. If litigants spoil justice through injustice and witnesses spoil truth through untruth even the audience becomes afflicted with sin. If dharma is ruined, dharma will ruin us."

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     13 January 2017

# 3



Most of the Courts work on Affidavits & this is so even in Contempt Notices served by Bench. So False Affidavits, tricky Affidvits (Where persons use English/language very cleverly & hide things, convey some other meaning etc) cause gross miscarriage of Justice. On top of this, such people violate many Rules too. These are resorted to despite clear Rules (that the Courts do not implement strictly). Thus, this New Rule / Standing Instruction is a welcome development & be emulated by all courts, at all levels, all across the Nation.


OFFicials do not do their duty properly & above spoils others, Justice. It thus be brought under  white collar crime & the errant, traumatisers be punished severely. "Dharmaha Rakshathi Raksh*thaha" & not that Dharma will protect the sinners. Let that be in practice. Let the Nation that is paying 7TH Pay Commission to employees (who do very little, but demand even the pound of flesh) sack errant employees irrespective of who, what for crimes / white collar crimes / neo-cromes etc. This alone will enable a corruption free, lethargy free, fully accountable Government & enable solutions to problems in place of accruing more & more headaches & burdens.



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