[rti_india] Re: P&H High court : No sanction needed to remove corrupt babus:

 

Dear Mr. N. M. Havewala. 

"Special Courts" are the normal courts but having a special Designation or a Tag as the government, by notification under various acts, like CPA, MVA, CBI, etc., designate them as special courts. The cases intended to be filed under any of such special provisions can only be filed in such notified courts.  

When you visit the Court Complex, where you intend to file a case, you just ask any employee or any advocate there and they will tell you the one which is designated as a "Special Court" under the CPA. Or you may visit the Registry of the Court Complex to file the case, Registry will automatically assigned the case to that special court. 

So it is not such a big deal to knaow which is a special court. 

However, it is important to know, what are the responsibilities and repercussions of filing such a private suit.

01. The complainant has to be present in each and every date fixed by the court, since the criminal proceedings can only be undertaken in the presence of Complainant as well as the accused, barring the "State", which is represented by the Public Prosecutor.

 

02. Absence of the complainant on even on a single date, the suit will be liable to dismiss at the discretion of the court.

 

03. You must be prima-facie have conclusive, certain, sure, categorical, irrefutable, final, convincing, definite and / or decisive proof of a malafide intention and that the corruption is involved.

 

04. If the suit fails, courts are inclined to penalise the complainant too.

 

05. You must know the procedures of the CRPC and the court procedures to file the various applications and leading the evidence and the tact of arguments. For this you can seek the services of an Advocate, who will do all such things on your behalf.

 

06. You must prepare in advance with all the material in hand and for all the repercussions.

07. Youi must consult with a public spirited advocate before you decide to file such a suit to do all the preparations. 

Best wishes, warm Regards and Good luck to you. 

On Wed, Jun 6, 2012 at 8:06 PM, havewala <havewala@gmail.com> wrote:

Dear Mr. Bhanot,
This has direct applicability for me.
The police, and the magistrate are shielding an accused. He is not a
government servant, but looks like what you have said applies to my
case. I can prosecute him directly.
How do I ascertain : which judge is the Special Judge in my case ?
N. M. Havewala.


On Fri, Jun 1, 2012 at 11:44 AM, Surendera M. Bhanot
<bhanot1952@gmail.com> wrote:
> High court:
>
> No sanction needed to remove corrupt babus
>
> Saurabh Malik/TNS
>
> Chandigarh, 28 May 2012
>
>
>
> In a first, the Punjab and Haryana High Court has reinterpreted provisions
> of the Prevention of Corruption Act to hold that public servants, who can be
> removed by the subordinate authorities other than the government, are not
> entitled to protection of sanction......To Read More open attachment.
>
>
>
>
> --
> GREETINGS AND WARM REGARDS
>
> Surendera M. Bhanot
> - Coordinator, RTIFED, Punjab Chandigarh
> - President, RTI Help & Assistance Forum Chandigarh
> - Life Member, Chandigarh Consumers Association
> - Youth for Human Rights International - YHRI - South Asia
> - Jt. Secretary, Amateur Judo Association of Chandigarh
> - Member, SPACE - Society for Promotion and Conservation of Environment,
> Chandigarh
> No. 3758, Sector 22-D, Chandigarh-160022
> Mob: 919-888-810-811
> PHONE: 91-172-5000970
> FAX: 91-172-5000970
> Mail Me
>

--
GREETINGS AND WARM REGARDS

Surendera M. Bhanot
- Coordinator, RTIFED, Punjab Chandigarh   

- President, RTI Help & Assistance Forum Chandigarh 

- Life Member, Chandigarh Consumers Association
- Youth for Human Rights International - YHRI - South Asia
- Jt. Secretary, Amateur Judo Association of Chandigarh
- Member, SPACE - Society for Promotion and Conservation of Environment, Chandigarh
No. 3758, Sector 22-D, Chandigarh-160022
Mob: 919-888-810-811
PHONE: 91-172-5000970
FAX: 91-172-5000970
Mail Me

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