How to make a complaint against a judge

trainer

Hello

Please let me know the procedure to make a complaint against  a judge in the City Ciivl court. I am the plaintiff in a case filed in 2015. In november 2015, the preliminary issues were framed and argued and I was waiting for the order on preliminary issues. Till feb 2016 the order was not passed. I changed the advocate and tried to go for mediation. But since the defendant did not want mediation, the case resumed as before and since October 2016 the defendant;s advocate and my advocate said that we want to resume with order on preliminary issues. FOr the past 3 hearings we are waiting for the order and the status of the case is FOR ORDERS. But this time suddenly, the judge did not allow my advocate to speak a word and the defendant's advocate was absent and the judge gave the next date in April i.e after 4 months and I can see the status of the case as for framing issues. '

It is strange, that issues have been framed and argued then when the defendant's advocate was not there, how has the status of the case changed so suddenly. I want to complaint against the judge because he is trying to delay the order and making me waste my money . Whehter the order is in my favour or not, but I need the order in a timely manner to move ahead. I surprised to see that the status of the case has changed from "FOR ORDERS " to "FRAMING OF ISSUES"

 

Please let me know whom should I complaint about the judge who is mishandling my case. I also applied for the ROZNAMA copy, but they are even delaying the ROZNAMA copy

 

Lata L Bhambwani

 
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CEO

You can complain  to Chief Justice of High court in writing.IN exchange for this advice would you give me a like on my profile.?


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Advocate, High court

Hi !

Notwithstanding the merits of your complaint against the City Civil Court judge, I would like to reproduce my reply to a similar question raised by another litigant a long back in respect of a complaint against a particular judge:

"First draft a complaint supported by your affidavit and send it to the Registrar General of the concerned High Court along with the copies of the evidence you have collected against the wrong doing judge by Registered post with AD. Wait for some period. It will be sent to that Judge through the Principal District Judge concerned for explanation. Your representation will also be sought for. Then based on the evidence submitted by you and the explanation of the Judge concerned thereon, either action will be taken against her or the complaint will be closed by the Registrar General. The Portfolio judge also will be consulted before taking any action against such a judicial officer. Therefore, better to send a copy of the complaint to the portfolio judge for his or her perusal.   

 

You have got another option to take action against the wrong doing judge. You can file an appropriate writ petition against the said judge along with necessary evidence before the concerned High court.   

 

It is true to say that injustice is being done under the guise of legality within the institution of judiciary itself. It is not acceptable one if a judge delivers an  order or a judgment for an extraneous consideration. Sometimes, judges may be required to succumb to the pressure or influence of the superior judges, but still it is not justifiable. For no authority howsoever higher it may be, is empowered to direct its subordinate officers to do an unlawful or illegal things.   When I was working as a Civil Judge in the Tamilnadu State Judiciary, I never succumbed to such a pressure or influence. I was very particular in upholding the majesty of law and tried to instill faith and confidence in the minds of common man in our justice delivery system. When a High Court Judge personally called me and spoke to me about a case saying that the petitioner in a particular case was his close associate,  I replied to the Judge in the negative. I also gathered courage to say in the open court that no one should believe if any High Court or Supreme Court judges say to the litigants or advocates appearing before my court that they have convinced me to pass a favourable orders or judgments in a particular case. For I would not act upon their whims and fancies or that of mine. Only facts of the case, evidence available on the record and the laws applicable to the case in hand will decide the fate of a case and not even myself being a judicial officer. Moreover, I had gathered courage enough to say in the open court that only Almighty God is above me and neither High court nor the Supreme court judges. They are superior to me only in the administrative side and not to dictate to me in respect of what orders or judgments to be passed by me in any of the cases filed before my court.  

 

Wrong doing judicial officers should not be allowed to go Scot-free for any reasons whatsoever.. Otherwise, innocent common man will lose faith and confidence in the justice delivery system and they won't come to Court of law to seek for justice through legal means. They will be constrained to adopt violent self help to secure justice which would, in turn, create a chain of offences, i.e. one crime would follow another crime which is not the purpose of the administration of justice.

 

Some judges may indulge in malpractices in the holy task of administration of justice fearlessly because they must be doing under the pressure or influence of Superior Judicial Officers and they would be protected by such officers in the event of any complaint likely to be made against them by the aggrieved victims/ litigants. It is not in the interest of the justice. Such practice is required to be curtailed at any cost. It is the judiciary which is duty bound to instill faith and confidence in the minds of the common man over the justice delivery system and not to breach the trust already reposed by the common man in the judiciary".    

Website :  http://www.jeevaganadvocate.com/

E.mail id : jeevaganadvocate@gmail.com  

My cell No. is  : +91  9842197855, 9842197857. 


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Directly complaining against a Judge can be problematic for you. It's better if you file a Civil Writ Petition in the High Court of your state can get appropriate orders or relief from High Court. High Courts are empowered to issue writs under Article 226 of the Constitution of India. In your case 'writ of certiorari' would be an appropriate writ.
Court Fee for filing Civil Writ Petition is Rs. 50/-.

Best of Luck.


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N.A

Why so many people are asking for the procedure to complaint against judicial officers.

like 

http://www.lawyersclubindia.com/forum/How-to-complaint-against-the-magistrate-in-the-trial-court-145251.asp

If you face any problem from judge, you have an obtion to file transfer petition.

 

 

 


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Advocate

I agree with Sachin.


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I am fully agree with THE SUGGESTION OF ENV COORD.

Complain will attract whole state judges attention towards you. and you will be in trouble.  Complain will give you nothing because noone is interested in India for any amendments in own system.  My personal experiance is being shared to you.


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trainer

Thanks to all for the variety of inputs. Today I spoke to the Additional registrar before making a written complaint. But the reply given by the Additional registrar was very diplomatic. It is true that many judges are under the influence of the judgments given by their superiors in the same court and therefore are afraid to set their own path while giving judgments. This was a strange fact I learnt from this entire episode. Once again thanks a lot for providing me the answers.

 
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Advocate

The fact of the matter is that the judiciary is no different from other institutions. However, that is no reason to be complacent. System will improve if those who have the wisdom and sagacity pursue the remedies. It may be that they may not get immediate solution and instead, may facer deeper troubles. 

In the present case, it is my considered opinion that addressing the High Court Registry, as suggested by the lerned advocate Shri S.Jeevagan, would be a better option.

 
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