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(Guest)

Problems of disabled person to climb court steps

Is there any provision for disabled person that cannot appear in court for filing case ? Today we tried convincing judge that person is completely on bed and cannot even move yet he is adamant saying that his hands are tight and he has to follow law. He is saying that he cannot send court commissioner to the house and neither he will accept any affidavit from Handicap. He is saying that the person who files a case needs to come to court for the oath. Secondly we tried proposing video conferencing option but according to judge he is saying that the lower court doesn't have that facility yet and there is no other way to accept such case unless person appears in court. Lastly i offered him that i will bring the disabled person in the ambulance to the lower section of court and if his oath can be accepted in lower section of court but in that proposal judge is adamant saying that the handicap person have to come to second floor and he cannot come to first floor to take the statement of handicap person. There are two floors of court where there are two rooms the one in lower section have junior judge and the upper section have senior judge but senior judge's adamant behavior is creating problem for us and perhaps if there is anyway someone can guide me properly then i can find a way.



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 4 Replies

T. Kalaiselvan, Advocate (Advocate)     19 November 2014

In the given situation, you may ask your advocate to move a representation to the court of the District Judge or the Principal judge of the court complex explaining the difficulties faced by the litigant due to the arrogant attitude of the said judicial officer without  considering the fact of disability.  The advocate may make a representation in the local bar about the attitude of the judicial officer which in trun will speak to the Principal judge for further action.

1 Like

(Guest)

Thank you sir

T. Kalaiselvan, Advocate (Advocate)     22 November 2014

You are welcome Mr. Jon.

Adv. Chandrasekhar (Advocate)     22 November 2014

In addition to the above advice, I also suggest to file an application in the court  for appointment of local commissioner along with requisite documents and photographs showing the inability of the party to give his appearance in the court.  As the application will be dismissed, you can move higher court for appropirate relief impugning the order.  It is the duty of the institution, i.e., the court to provide the appropriate ramps so that differently challenged people can avail the benefits.  Hence, Supreme court and several High Courts constructed ramps in their court premises.

 


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