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Member of Saharanpur Bar Asso. (Lawyer)     26 January 2014

Saharanpur presiding officers of courts of law lethargic

To,

          My Learned Friends and Lawyer Community,

          Lawyersclubindia.com.

 

COMPLAINT AGAINST JUDGES INSINCERITY IN JUDICIAL WORK AND NOT HEARING ALL CASES/SUITS BY PROPER TIME MANAGEMENT

 

My Dear Friends!

 

1.  1. That I am the official Bar member of the Saharanpur Adhivakta Association, District Court of Saharanpur and a practicing lawyer in Criminal and Civil Work. That I have many cases and various Civil Suit contesting for the sufferer litigants before the various courts of law at District Court Saharanpur. That from the last two year I found that presiding officer’s comes and go but the working of the Judges and Magistrate are just similar in style of working.

 

 22. The Presiding Officers not come daily on time and if comes then sit up to 11:30 AM in their judge’s chambers and talk to the buttering staff mostly and some favorite advocates of the Saharanpur Bar.  That after that if comes stick to one or two cases/suits and pass all the time in hearing and get up at 01:15 PM for lunch break. After that they might come or not there is no surety and the Court Reader will give the dates in all the cases and suits by taking petty money of 20-50 Rs per cases in both Civil and Criminal courts of law.

 

3. 3. That today you yourself found that Addl. Civil Judge – 1st Miss Parul Verma is absent and on leave since two month without any another presiding officer may appoint for her court of law. Similarly the judicial working of current Civil Judge [Senior Division] Mr. Ramesh is also very unprofessional, insincere and not heard daily pending suits and sit on punctual time and also not pass any visible orders on time and just wasting time of the sufferer litigants and advocates in various suits daily going in vain. I found that so many advocates urge him in various severe kind of suits pray for passing status quo order but the judges make a tradition, adamant and deaf approach not to pass any interim order of interim-stay and just issue notices procedure always whether the litigants may die due to the lack of necessary relief not provided by the court of law on time.  Similarly the Additional District Judge – V named “Smt. Mirdula Kumar” also not sit one time and the staff is also making money in her absence and giving long dates to the litigants.

 

4. 4. That the judges also not know that in civil suits you cannot give the longer dates beyond 30 days and not obey S.148 of CPC but their reader & staff in their absence giving date 40-60 days to the litigants in consideration of 50-100 Rs money per litigant.  The cogent reasons also have to put precisely in order sheet why you want to give the longer date to the particular litigants if the Reader and judge want to give immunity to them. The daily order sheets mostly wrote by the Reader & judges presiding officer in very dirty human style and it is very hard to read it and understand what it has written into it. There is also no daily cause list be prepared by the all Courts of law of Saharanpur which is mentioned in the General Rules of Civil 1957 for the number wise sequence and number wise daily cases come in queue hang out outside court premises which also a violation of the legal procedure and working in the legal system.

 

5. 5. That I made and think of before coming into law that this is very noble and good honored profession, but after coming into it and spending so many years into it I found that it is a very fourth grade profession and an advocate who practice in law is just only a peon of the presiding officers. I am writing to you in the hope that might some change in the judiciary system & its presiding officers may change to little bit if you can or might pass and visible strictly orders and directions and guidelines to them for obey it. The daily attendance of the Presiding Officers and their Staff’s has to be marked Online Computer System daily in all courts of Uttar Pardesh so that the Judges and staffs may come & go on sharp time daily and also observed daily what the time they enter in court and what the time they leave the court premises.

 

6. 6. Today every student of law who just passed out from law college want to become a judge because he know that he has to do no effort work and just get fixed Salary from Government Rs 1.0 Lakh plus buttering Staff and advocates and he just enjoy life in pleasure and only give minimum time to the courts of law and not to pass any timely visible order as he has not daily time to read daily cases and suits in depth for giving justice to the People of India on time. According to my perception the Salary of the Judges is have to be Rs 10000/- only so that only those advocate may become judge who really want to give justice to the people of India from heart and deep moral conscience and not for earning money and minting the money.

 

7. 7. That the State Government Of U.P and Central Government of India also not spending & making courts of law be well furnished and neat and clean from inside and outside and proper security to the litigants and advocates so that no other person besides litigants may come inside the court of law premises. The Supreme Court of India and the Allahabad High Court have wide powers to direct the State Government to make an annual budget spent for the full modernization of all the District court of U.P with all modern  amenities for the welfare of the litigants, advocates and Presiding officer’s and their legal staff.

 

8. 8. That is all I hope that you do something for it as you are the higher officials of judiciary with them and have wide powers to change the system loopholes and problems and trouble in legal system.

 

From:-

Saharanpur Adhivakta Association

District Court, Sahranpur, U.P

Dated:- 25-01-2014.



Learning

 2 Replies

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     31 March 2014

Uniform and transparent legal system.

Uniform laws, procedures and legal  system   all over the country.

District as centre  for all legal action. All types of forums , tribunals to be merged in district legal system. Litigants should have opportunity for first appeal, revision at district level only.

 Legal system has become so complicated and clumsy that even a CENTRAL LAW MINISTER or CENTRAL LEGAL SECRETARY to Govt  of India is not able to explain that which action lies before which forum, court or tribunal and where appeal if any lies.Even law makers do not know what clumsy legal system they have  made by regular new laws, procedures , legal forums and tribunals than how  an ordinary layman is supposed to know . But the ignorance of law in no excuse sermons are  for the helpless harassed litigant .

So this is an effort to make lawmakers aware for urgent need of transparency and simplification of laws, procedures and systems.

Even without changing any law but just by making use of technology  stream lining the procedures  assistance of advocates in the present legal system  and enforcing APEX COURT directions within TWO WEEKS  the system can be made more than twenty times  efficient if not more with same staff and facilities.

And by just making small changes in  existing  laws and age old obsolete procedures the efficiency of legal system can be increased by more than hundred percent  to thousand percent with same staff and facilities within a very short span of time.

We have to make legal system result oriented and transparent and far that continuous efforts are needed and law makers have to be awakened from their slumber.

We give presentations to the law makers on regular basis  with actual examples but for actual action public awareness is needed so that  the lawmakers can be confronted on every possible forum and platform for actual action.

WHEN EVEN APEX COURT DIRECTIONS CAN NOT BE ENFORCED THAN WHAT IS REMEDY.

False cases are filed which are dismissed after years of harassment  so what is the action on perpetuators.

False affidavits are filed as a routine and even by  fictitious litigants still other than dismissal no remedy for sufferers.

Family laws are being enforced to break families and ultimately destroy the fabric of society. In one district alone in MP 4500 thousand victims have left  home to wander .

We have copied these systems from abroad where people are affluent and population is low. Still now in U.K. more than 51% youth do not marry to avoid rigours of legal system.

Turn by turn we try to make our awareness campaign at every bar association  to advocates and litigants on all India level. Please make a program at your place.

PLEASE SEND YOUR INPUTS AT :- sardarsena@gmail.com.  Website is under construction but you can share at whatsup , facebook and other social sites and help to create awareness for this urgent necessity of immense public importance which affects every walk of life

 

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     01 April 2014

WE SEND INPUTS IN REGULAR BASIS TO IMP MEMBERS OF PARLIAMENT AND ALL OTHER DECISION MAKERS TO PINPOINT THE PROBLEMS IN LEGAL SYSTEM WHICH ARE COMMON ALL OVER COUNTRY.

 

WE ALSO COVER THEM WITH THE MEDIA AT REGULAR INTERVALS.

 

THERE  ARE INSTANCES WHEN COURTS EVEN DO NOT FOLLOW THE APEX COURT CITATIONS.

 

PLEASE GIVE US EXACT INSTANCES FOR FOLLOW UP ACTION.


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