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High Court's Constitutional Supreme Power/duty to streamline Lower Courts


Date: 14.03.2009
To,
The Hon'ble the Chief Justice
The Hon'ble Bombay High court
Mumbai.



Hon'ble The Chief Justice, The Constitution of India has conferred Independence to Judiciary and extra ordinary powers so that they can effectively perform its duties so assigned, without any political or apolitical influence.


Hon'ble The Chief Justice, we fascinate traffic signals if there are NO traffic Cops. Isn’t it is the same as that Ministers, Police, IAS, IPS, Lawmakers fascinate laws of the land as if there are no Courts and Judges.


Hon'ble The Chief Justice, you know, while doing business, we sometime beg before our customers to pay our due bills for if we raise our voice, they say, better go to court, to recover money.


Hon'ble The Chief Justice, landlords’ dance to the tune of tenant for they may never vacate the premise and may abuse the process of law by filing litigations and by securing never ending adjournments. Every one is having its own story and suffering.


Hon'ble The Chief Justice, Efficient delivery of Justice to its Citizenry is one of the Sovereign functions of any Country and India is no exception. What we mean by Sovereign function is simply that nature of the function is Primary and of foremost concern of any Country.


Hon'ble The Chief Justice, Vulnerable paper sheets forged with cotton thread, some nearly torn apart, hanging pendulum at every door of justice, however showing fortunate list of scheduled hearing of cases for the day……script a telling casual attitude of men incharge of the institution and consequent mess of justice courts can safely be presumed.


Hon'ble The Chief Justice, Supreme power of Superintendence of all Lower Courts entrusted to all Judges of HC under Art.227 of Constitution of India entails Authoritative control over the affairs of that by overseeing its operation and performance.


Hon'ble The Chief Justice, In the backdrop of Article 227 of Constitution of India, you have promised and emphatically said, “Tell us if you face any misbehavior or any difficulty in getting Justice at Lower Courts or Tribunal, we have Power of superintendence over all courts and tribunals throughout the territories in relation to which we exercises jurisdiction.


Hon'ble The Chief Justice, you have further exhorted and reiterated that Section 14 of General Clauses Act 1897 empowers us to exercise the powers, from time to time as occasions requires.


Hon'ble The Chief Justice, you have further stated that it is settled principle of law that an express grant of Statutory Powers carries with it by necessary implication the authority to use all reasonable means to make such grant effective.


Hon'ble The Chief Justice, you have promised that whenever necessary, so as to reinforce our commitment as given in Article 227, we will invoke Judgment of Hon Supreme Court in All India Judges Association wherein PETITIONER were ALL INDIA JUDGES' ASSOCIATION and RESPONDENT were UNION OF INDIA; DATE OF JUDGMENT 13/11/1991; BENCH: MISRA, RANGNATH (CJ) BENCH: MISRA, RANGNATH (CJ) AHMADI, A.M. (J) SAWANT, P.B. The Judgment Chiefly outlined the Role and obligations of District judge and role and position of Trial Judge in administration of Justice--Role of High Court in the functioning of subordinate Judiciary. And it was HELD that for a civilized society an enlightened independent judiciary is totally indispensable. I must take greater interest in the proper functioning of the subordinate judiciary. Inspection should not be a matter of casual attention. The Constitution has vested the control of the subordinate judiciary not only in me but also in Every Judge of High Court.


Hon'ble The Chief Justice, in the fulfillment of your Oath of allegiance to Constitution of India, in particularly with the fulfillment of fundamental rights of the People to have reasonable dignity of life to everyone, you have promised to invoke the Judgment of Ratlam Municipality Case. The Judgment was based on the premise where, time and again it is seen that Govt and local bodies plea paucity of funds as reason for their inability to fulfill their constitutional and statutory duties.


Hon'ble The Chief Justice, The Judgment putting rest to this controversy, Hon.SC in Municipality of Ratlam V Vardichand (1980) thru Justice Krishna Iyer, Categorically rejected the contentions of Municipality, the plea of Paucity of funds as defense, for its failure in the due discharge of public duties. The Court Said, "Statutes operate against Statutory bodies and others regardless of the Cash in their coffers even as human rights under part Three of the Constitution have to be respected by the State regardless of budgetary provisions. Otherwise a profligate Statutory body or pachydermic Govt. Agency may legally defy duties under the Law by urging in self defense a self created bankruptcy or perverted expenditure budget. That cannot be."


Hon'ble The Chief Justice, Peoples’ right to meaningful justice is well recognized the world over and thus in our books of Constitution in Article 21.


Hon'ble The Chief Justice, Lawyers are accused of employing delaying methods, but no lawyer can succeed if the court refuses an adjournment.


Hon'ble The Chief Justice, Needless to say, more than anybody else, this Court is fully conscious of issues that have plagued Lower Judiciary, realization of authority so vested in it and thus discharging its spheres of responsibilities are the real solutions to an otherwise an grand system of justice gearing on the path of eventual collapse.


Hon'ble The Chief Justice, Yet a Constitution, no matter how well conceived, can only create institution on papers. Breathing life into them is up to YOU People sitting at the helms of Institutions.

Hon'ble Justice Sethi has once stated, "In a Country like Ours where people consider Judges only second to God, efforts be made to strengthen that belief. [ Anil Rai V St Of Bihar, AIR 2001.]


Hon'ble The Chief Justice, The ultimate Judicial dignity lies in People getting “Preamble Justice”, or else the Judges may seek illusory, cosmetic and customary dignity.


Hon'ble The Chief Justice, An unresponsive justice system renders every conferred right meaningless and encourage breach of duty.


Hon'ble The Chief Justice, Deficient dispensation of Justice will only ensure plight and exploitation of the weaker section of the society.


Hon'ble The Chief Justice, The systemic shift that the situation demands does not depend so much on availability of resources as on the willingness to effect change by the Constitutional owner of the Institution.


Hon'ble The Chief Justice, Thanking you in anticipation that you will take such measures so as to make our Justice system capable of delivering Justice in a meaningful manner.


Sandeep Jalan

Legal issues !!
If you are facing any of these issues like (a) Recovery of Moneys (b) Immovable property disputes (c) grievances against Municipalities & Govts., including challenge to legitimacy of laws etc. (d) grievances against illegalities and highhandedness of Police like illegal arrests, refusal to register FIR, deliberately flawed investigations, etc (e) False FIRs (f) False Claims (g) False evidences (h) Grievances against Judges (i) Illegal or perverse Orders of the Courts / Tribunals, among others.
or
If you are looking for draft of any legal proceeding; or if you want to know the nature and attribute of any legal proceeding; or if you want to know the procedure followed in any legal proceeding; or if you want to know the grounds on which any order of the court / tribunal is challenged; or if you are facing any frivolous litigation.

Law Referencer: https://www.litigationplatform.com/


Thank you.
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