"run with the hare and hunt with the hounds" This is aptly applicable to our courts,. We have seen that whenever popular sentiments are against establishments our constitutional courts used to pretend that, they are the only perfect institution. In fact many a time courts are part of the rotten establishments. They are helpful to the mighty politicians and corporates and not the common man. A simple matrimonial dispute used do take many hours in Supreme Court if the appearing lawyers are highly paid seniors. They used to settle and pass Mutual consent decrees after by passing mandatory separation period when husband and wife are rich and appearing through big seniors. Known Judicial officer's kith and kin lawyer will get patient hearing but vigilant petitioner- in-person will not be allowed to open his mouth. Our constitution had been amended very vigorously by the political class with active support from the Supreme Court. Supreme Court has introduced a Basic Structure theory without any justification or reason with an intention to curtail basic fundamental rights. In the past many people had been deprived of their fundamental rights and all the time while declaring the law Supreme Court had given justification for that infringements. They will re-wright law for helping the political class and corporate and not for the common man.
On Thu, Jun 26, 2014 at 8:09 PM, Dr. J. K. Chaudhry <jkchaudhry@gmail.com> wrote:
Central bank van robbery case,rich brat,only son of a widow,sentenced to death for shooting dead guard of looted van carrying Rs.6 lacs.His appeal rejected by Sup. ctRe appeal rejected.Re re appeal rejectedRe re re appeal rejected.......till 6 th one,changed from death to life imprisonment,......by now,full period of incarceration OVER,.....walks out free.Those who remember this case,may recollect rumors of cost to mother with landed property in Sundarnagar etc.J.K.Chaudhry
Sent from my iPadThis is a valid point. However these two points need to be understood:1. For individuals going on appeals after appeals is not exactly a viable proposition, so in individual cases it should be subject wise. Some may be permitted only one appeal, some two. Look at the way Raja and Kanimozhi went on with repeated applications for bail to the apex court and not even once did the apex court turn them down straight away!2. The next is the question of cases involving government. Here there are two things. Firstly, even when the mistake/crime is that of a particular employee the case is fought on tax payer's money and invariably the employee is not even made to appear in court and suffer the torture as ordinary litigants (you need to be a party in a case in court to realise the magnitude of this torture!) This should go. The employee involved should be party to the case and should fight the case like any ordinary litigant. Only if the ultimate decision is in favour of the employee and benefits the state the cost can be refunded along with some compensation for the effort. The next is that the govt continues to go on appeals after appeals just because, again, it is the tax payers' money that is being wasted. Hence in these cases, irrespective of the subject, it may be necessary to restrict the number of appeals to just one.regards n bwraviOn Mon, Jun 23, 2014 at 4:34 PM, Tridib Roy Chowdhury <tridibroychowdhury@gmail.com> wrote:
We need to decide on creating a class of cases, and each class has a limited set of appeals. Going to the SC should be restricted to only issues of constitutional or national importance.If I file in Sessions court, I should be allowed to appeal to Appeals Court or the HC. But, if I loose then, that should be it.We do this single judge bench, then division bench, then full bench.Great for lawyers, though. And given the number of lawyers we have on both sides of the aisle , let us see what happens.On Mon, Jun 16, 2014 at 9:41 AM, Forum for Fast Justice <fastjustice@gmail.com> wrote:
SUPREME COURT CRYING FOR JUSTICE
Appex Court appeals to the Parliament for legislating appropriate laws and to the Government for rationalising decision making process for stemming vicious and frivolous cases and appeals being filed. Read the last paras in the Surbroto Roy Sahara's recent Supreme Court Judgement.
(Bhagvanji Raiyani)
Chairman & Managing Trustee
Forum For Fast Justice
"REPORTABLE"
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
WRIT PETITION (CRIMINAL) NO. 57 OF 2014
Subrata Roy Sahara …. Petitioner
versus
Union of India and others …. Respondents
J U D G M E N T
Jagdish Singh Khehar, J.
149. A lot of these hearings consumed this Court's full working day. Hearing of the main case, consumed one full part, of the entire summer vacation (of the Supreme Court) of the year 2012. For the various orders passed by us, including the order dated 31.8.2012 (running into 269 printed pages) and the present order (running into 205 printed pages), substantial Judge hours were consumed. In this country, judicial orders are prepared, beyond Court hours, or on non-working days. It is apparent, that not a hundred, but hundreds of Judge hours, came to be spent in the instant single Sahara Group litigation, just at the hands of the Supreme Court. This abuse of the judicial process, needs to be remedied. We are, therefore of the considered view, that the legislature needs to give a thought, to a very serious malady, which has made strong inroads into the Indian judicial system.
150. The Indian judicial system is grossly afflicted, with frivolous litigation. Ways and means need to be evolved, to deter litigants from their compulsive obsession, towards senseless and ill-considered claims. One needs to keep in mind, that in the process of litigation, there is an innocent sufferer on the other side, of every irresponsible and senseless claim. He suffers long drawn anxious periods of nervousness and restlessness, whilst the litigation is pending, without any fault on his part. He pays for the litigation, from out of his savings (or out of his borrowings), worrying that the other side may trick him into defeat, for no fault of his. He spends invaluable time briefing counsel and preparing them for his claim. Time which he should have spent at work, or with his family, is lost, for no fault of his. Should a litigant not be compensated for, what he has lost, for no fault? The suggestion to the legislature is, that a litigant who has succeeded, must be compensated by the one, who has lost. The suggestion to the legislature is to formulate a mechanism, that anyone who initiates and continues a litigation senselessly, pays for the same. It is suggested that the legislature should consider the introduction of a "Code of Compulsory Costs".
151. We should not be taken to have suggested, that the cost of litigation should be enhanced. It is not our suggestion, that Court fee or other litigation related costs, should be raised. Access to justice and related costs, should be as free and as low, as possible. What is sought to be redressed is a habituation, to press illegitimate claims. This practice and pattern is so rampant, that in most cases, disputes which ought to have been settled in no time at all, before the first Court of incidence, are prolonged endlessly, for years and years, and from Court to Court, upto the highest Court.
152. This abuse of the judicial process is not limited to any particular class of litigants. The State and its agencies litigate endlessly upto the highest Court, just because of the lack of responsibility, to take decisions. So much so, that we have started to entertain the impression, that all administrative and executive decision making, are being left to Courts, just for that reason. In private litigation as well, the concerned litigant would continue to approach the higher Court, despite the fact that he had lost in every Court hitherto before. The effort is not to discourage a litigant, in whose perception, his cause is fair and legitimate. The effort is only to introduce consequences, if the litigant's perception was incorrect, and if his cause is found to be, not fair and legitimate, he must pay for the same. In the present setting of the adjudicatory process, a litigant, no matter how irresponsible he is, suffers no consequences. Every litigant, therefore likes to take a chance, even when counsel's advice is otherwise.
153. Does the concerned litigant realize, that the litigant on the other side has had to defend himself, from Court to Court, and has had to incur expenses towards such defence? And there are some litigants who continue to pursue senseless and ill-considered claims, to somehow or the other, defeat the process of law. The present case, is a classic illustration of what we wish to express. Herein the regulating authority has had to suffer litigation from Court to Court, incurring public expense in its defence, against frivolous litigation. Every order was consistently and systematically disobeyed. Every order passed by the SEBI was assailed before the next higher authority, and then before this Court. Even though High Courts have no jurisdiction, in respect of issues regulated by the SEBI Act, some matters were taken to the High Court of Judicature at Allahabad (before its Lucknow Bench). Every such endeavour resulted in failure, and was also sometimes, accompanied with strictures. Even after the matter had concluded, after the controversy had attained finality, the judicial process is still being abused, for close to two years. A conscious effort on the part of the legislature in this behalf, would serve several purposes. It would, besides everything else, reduce frivolous litigation. When the litigating party understands, that it would have to compensate the party which succeeds, unnecessary litigation will be substantially reduced. At the end of the day, Court time lost is a direct loss to the nation. It is about time, that the legislature should evolve ways and means to curtail this unmindful activity. We are sure, that an eventual determination, one way or the other, would be in the best interest of this country, as also, its countrymen.
…………………………….J.
(K.S. Radhakrishnan)
…………………………….J.
(Jagdish Singh Khehar)
New Delhi;
May 6, 2014.
--
- Tridib Roy Chowdhury
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Wednesday, July 16, 2014
Re: [IAC#RG] SUPREME COURT CRYING FOR JUSTICE
Namaste.
I was dismissed from M&M Ltd most unjustly for exposing and protesting against exploitation and mismanagement.
The company played dirty in Labour Courts, HC & CLB to prevent justice to me by getting favourable Orders from corrupt Judges.
Navin Pandya
On Sat, Jun 28, 2014 at 11:37 AM, SURESHAN P <sureshandelhi@gmail.com> wrote:
Sarve Bhavantu Sukhin: Sarve Santu Niramaya: l Sarve Bhadrani Pashyantu Ma Kashchid Dukhbhag Bhavet ll Om Shanti: Shanti: Shanti:
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