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
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