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Justice is where Judges follow Law-KD Aggarwal. Powered by Blogger.

If Judgments were based on law, every lawyer will get same fees!-KD Aggarwal

Facts and Statute are Not Relevant. They are invented / concealed / amended by corrupt Judges - KD Aggarwal.

Let us make India Corruption free

The matter and inference drawn are based on actual personal experiences of Author. They are meant to serve as beacon to those who may find themselves in similar situations to save themselves from clutches of unscrupulous persons. They are also meant to serve as an eye opener to those men who are sitting at Helm of Affairs for improvement of judicial system and corruption free India, so that never again one says; "the law court is not a cathedral (what they used to be) but a casino where so much depends on the throw of the dice (and money). K R Narayanan http://www.krnarayanan.in/html/speeches/others/jan28_00.htm

Transparency improves Accountability

Every Judge is Public Servant and thus accountable for his acts. Transparency of Complaints against Judges and instant stringent action for perjury and violation of their oath will improve Dignity of Courts and Justice delivery.

Tuesday, November 1, 2011

How to clear backlog In lower Judiciary?

The Hon’ble Chief Justice of Punjab & Haryana High Court,Chandigarh.

SUB: Suggestions for Clearing back log IN LOWER JUDICIARY

1.     One way to clear backlog is to specialize. An average human mind is patently incapable of considering myriad of Acts and processing peculiar facts relevant to each particular Act to give a reasoned conclusion. Hence It will not be practical and nor a judge can be expected to individually deal with each of different acts and facts which come up before him every day and do justice in any of them. Hence, like in Delhi subordinate judiciary, one judge should only do one type of cases. Like in ADJs there can be matrimonial court, murder/attempt to murder court/ rape/criminal appeals court-MACT, / Civil appeal court-Arbitration cases etc. Similarly in Civil judges there can be bifurcation of, injunctions, property matters /rent petitions, declarations etc. Similar bifurcation can be done in criminal matters into cases into 138 matters & others (A have given a note on a separate sheet how Sec 138 NI Act matters are being conducted in ignorance of law and how 99% of them are based on void instruments.) AnnexureA

2.     Control of corruption in lower Judiciary. Our judges are only as honest as other men and not more so. They have with others the same passions for party, for power, and the privilege of their corps. Their maxim is boni judicis est ampliare jurisdictionem [good justice is broadly (my) jurisdiction], and their power the more dangerous as they are not accountable for their orders like other government functionaries. Their orders being merely appealable do not render them liable for misuse of official position or to Judicial misconduct. There is unlimited socializing with businessmen / University professors in lower judiciary. We have seen constitution, central/state acts being amended, witnesses being threatened in open courts, their statements being changed and facts manipulated. All on Rs1/- telephone call. A more permanent form of control of corruption may include:

A)     Install CCTV in all courts. Every word which is spoken in Court should be mechanically recorded. This will ensure honest recording of evidence and prevent threatening of witnesses and manipulation of evidence by Judges.

B)     A judge speaks through his Judgment and so does his morality or lack of it. Amend service rules to include any order which tantamount to amendment of Constitution/Central/ State Acts and manipulation of facts as case of violation of oath of office and thus a case of major criminal misconduct and corruption.

 As per the existing practice of giving a judge / judgement on a platter to a party in litigation, e g to ‘A’ in case of “A versus B”, a DJ/ADJ would telephone his colleague/ Civil judge and tell him ‘B’ is ‘exploiting’ the system. The hint is clear. ADJ/Civil Judge is to please ‘A’. So in order to please ‘A’ if the concerned Judge has to amend Constitution/Central/State Act and or manipulate facts so be it. If day is (mis)interpreted as night or ‘X’ into ‘Y’ and ‘Y’ into ‘Z’, it should not be treated as case of misinterpretation, but case involving amendment of ‘Act’ or manipulation of ‘fact’. Such an Order be treated as violation of oath of office / criminal misconduct involving moral turpitude. The judge be arrested and no bail be granted.

Kingpin of corruption in lower Judiciary in Haryana is Dr B B Parsoon DJ Yamuna Nagar. He supplies majority of ADJs and civil judges / albeit their orders for pleasure of litigants. Telephone tapping of all phones operating in his residence alone for a period of six months will lead to majority of judges being removed in Haryana. He also acts as conduit between them and higher Judiciary (Balram Gupta, son of a honest high court clerk, lived a life of part depravity and starvation, came in some easy money, was a tout, is a tout and will fore ever remain a tout.) Words in brackets were not in original letter.

3.     Increase staff strength by 100-200 %

4.     Every subordinate judge should be given a legal reader (in addition to regular reader) who will give facts and case of parties & relevant statues to the judge in summary form along with minimum four steno typists. (One for recording evidence, One for typing Zimni orders two for detailed orders)

Dated 01.01.2010                     KD Aggarwal
                                                   Advocate