Thursday, August 21, 2014

Corruption in Indian Judiciary.

Any act of corruption or judicial misconduct by the Judges cannot take place in any court without involvement of the court registry and the court staff.

Beginning from the security outside the courts, all of the court staff provides strategic support to the corrupt judges to carry out their tasks.

Actually there is no need for the judges to involve the staff when the litigant has engaged advocate to fight for him and to get justice. Because the advocate will always do what the judge tells him.

The judge will face problems only in case the litigant decides to not to engage the advocate and pursue the case himself, which is very rare considering the arcane procedures of the courts.

In case a litigant somehow approaches the court in-person, the judge has no choice but to subtly prevent the litigant from pursuing his case, for this the court staff is used. manipulation of the notice board of the case listings by of omission to list the case on a particular day or to number the case in such a way that the case  won’t be taken up for hearing for that day is done by the court staff on the directions of the judge, so that the litigant gets exhausted of coming and sitting in the court room for weeks and months without being heard, till he decides to engage an advocate so that the judge and advocate can decide what arguments the advocate should put forward before the judge and what to decide.

nowadays the daily cause lists of the courts are displayed on the websites of the courts which makes it convenient for the litigants to know their hearing date and time.As it is not possible for a litigant to visit the courts every day to check out the cause list displayed on the notice boards to find out whether his case will be heard on that day or not. as such the litigant always try to get the date and time of his case hearing from the cause list published on the website of the court.This fact is sometimes used by the Judges to make sure that the litigant is prevented from attending his case,by manipulating the cause lists on the website of the court.This may be done either by entering wrong dates or time of hearing or altogether making the status of that particular case disappear i.e to manually delete the case information. If the litigant misses a hearing because of this, it is a valid reason to dismiss the case outright.

This all happens after the case is registered, sometimes the case filed by the litigant is not even allowed to be registered, the court staff coerces the litigant enough so that he approaches the advocate to file his case.

If somehow the case is registered,heard and  is finally decided the next job of the court staff is to cause delay in providing the certified copy of the judgment so as to TRY to prevent the litigant from appealing of challenging the decision in higher court. If the litigant is ignorant of the procedures, he succumbs to such tactics. I was once asked to not to come to even enquire about the status of my application for certified copy of the judgment in one case, unless the judgment is uploaded on the courts website, that judgment though as of today i have received the certified copy, is still not uploaded on the courts website.

In the supreme court of India you won’t come across such manipulations, since as  per my opinion the supreme court has always been protecting the rights of the people of this country and ensured justice to them by its various landmark decisions wherein most of the times the Hon’ble supreme court has reversed the decisions of the High court’s and other lower courts. According to me it is also not possible for the Court staff of the Supreme Court of India to indulge into such misdeeds due to the very high standing of the Supreme Court.

2 comments:

Shankar Jog said...

Where is profile of the blogger? Better you upload Blogger'profile to give some authenticity to blogs published.

Anonymous said...

The pain you have taken to inform the general public s appreciable.