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“LITIGANTS' DAY” in High Courts'


To, Date: 16/06/2009
The Hon Chief Justice
The Hon Bombay High Court,


Regarding: In the exercise of Power of Superintendence over all Lower Courts and Tribunals under Article 227 of Constitution of India, Please introduce LITIGANTS’ DAY in MY HIGH COURT


Hon Justice,

THE POSITION IN LAW: (1) Supreme power of Superintendence of all Lower Courts and Tribunals is entrusted to all Judges of HC under Art.227 of Constitution of India. Superintendence ordinarily entails Authoritative control over the affairs of that by overseeing its operation and performance.


(2) ARTICLE 141 OF CONSTITUTION OF INDIA: 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. 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 Judges 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 Chief Justice but also in Every Judge of High Court.


THE REALITY: The National Commission to Review the Working of the Constitution- judiciary headed and judiciary dominated- which submitted its report in 2002 is on record saying 'Judicial system has not been able to meet even the modest expectations of the society. Its delays and costs are frustrating, its processes slow and uncertain. People are pushed to seek recourse to extra-legal methods for relief. Trial system both on the civil and criminal side has utterly broken down.' Also, 'Thus we have arrived at a situation in the judicial administration where courts are deemed to exist for judges and lawyers and not for the public seeking justice'. WE ARE IN 2009 AND CONDITIONS HAVE DETERIORATED CAN SAFELY BE ALLEGED.
However Lawyers are accused of employing delaying methods, but no lawyer can succeed if the court refuses an adjournment. The Courts in our Country, in particularly the Lower Courts are not delivering to the expectation of the people, hardly needs any stress.


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. But ‘State’ in the country not appears to be perturbed at the crawling pace of judicial proceedings. The key beneficiaries viz the advocate community, the investigating agencies and the prosecution systems find the system extremely lucrative.


How you will grade or term a system wherein you are unsure of justice delivery. It is akin to begging for justice and not fighting for Indian Citizens are treated like a beggar in the temple of justice.


SAFE CONSEQUENCES: Unresponsive Courts will only ensure a good lawless society. Deficient dispensation of Justice will only ensure plight and exploitation of the weaker section of the society. An unresponsive justice system renders every conferred right meaningless and encourage breach of duty.


EXPECTATION: In the backdrop of this Article 227 and the Judgment stated hereinbefore, Hon Justice, we respectfully take liberty to say that, “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, we will set things in order."


Thus, I humbly request the Hon Justice to consider holding “LITIGANTS’ DAY” in once every week on every Saturday Or at least once in every fifteen days, by any of two or three sitting Judges of the High Court wherein the Litigants may express illegality or lacunae they have experienced at Lower Court or at Tribunal.


The writer is excited to say and hope this Hon Court will appreciate, the delivery of Justice at Lower Courts will improve substantially, and inevitably the glory and dignity and faith of common man in the Justice delivery system may be ignited.


The writer thus request Hon Justice to introduce a new chapter to administration of justice in the country.


As the great American Judge, Justice Holmes has once said, “Law is the business to which my life is devoted and I should show less than devotion if I did not do what in me lies to improve it.”


The systemic shift that the situation demands does not depend so much on availability of resources as on the willingness to adapt and change.


The choice, if any, is between resignedly witnessing a broken-down system being consigned to irrelevance AND/OR redeeming a constitutional promise of equal access to effective justice.


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


And you said, take my accountability, for you People are the giver of the Constitution and we take Oath of it. Yet, more than enforcement of laws, the concern for humanity will dictate outcomes.


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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