Expediting pending cases wrt politicians
Guest
(Querist) 16 October 2013
This query is : Resolved
The incumbent CJI was heard asking the govt of the day to confirm whether they want fast track for all pending cases against politicians?
My brief encounter with High Court No 5, Registrar(Judicial), the posting clerk on acct of my Writ Petition WP 21313 OF 2013 gives me the wisdom to ask our CJI does he needs govt of India or any state govt to pick and choose any case as per the whims and fancies in any court starting from lower to Apex?
Why then CJI is is askance whether to hear all cases pending against politicians in any court across India incl in Supreme Court.
Is he making himself the laughing stock?
Raj Kumar Makkad
(Expert) 16 October 2013
This is not a legal query hence no reply at all.
Devajyoti Barman
(Expert) 16 October 2013
In any case this querist has been boycotted by the experts here.
Guest
(Querist) 17 October 2013
I am honoured Mr Barman..But my one man army will continue to destroy enemies within..with or without the support of experts.More over once an advocate is engaged it is he(The advocate)is to decide whether to consult with the experts (of lawyersclub)or to find his way on his own.Small , middle, big, good or bad advocates in India with long short or not so long exposures experience expertise in any field is very very hesitant to approach another lawyer for a second opinion.
My queries will there fore always be about preventing a crime or to seek opinion to improve the system.
Kolla V. Raman
(Expert) 17 October 2013
There is no Judgement of Supreme Court that Politicians cases must be expedited, Election Petitions of 2009 are still pending Trial is not yet started, what a state affairs in India, Justice delayed is justice denied, politicians are class of People who are above law, and law is not above them. There has been nexus between politicians and other constitutional institutions. Politicians cases can not be expedited as per law and it will in usual course. If politicians cases expedited that is violation of Article 14 of the Constitution of India.
Guest
(Expert) 17 October 2013
Nothing is legal in your question! The question also does not indicate any of your personal problems with the CJI or his working style.
Like you, everybody is free to work at his own sweet will by using their own brains.
By keeping the CJI or the advocates in your own position, think over the eventuality that when you like to think and work at your own whims and fancy, why you feel that the CJI or the advocates of individuals would like to be guided or directed or misdirected by the opinions of others?
Also, why do you feel that the clients of the advocates would like their advocates to share their secrets with others in the guise of taking consultations from others? They can or cannot at their own free will.
So, what is violative of constitutional law or what element of your query relates to constitution in your thinking to make them work as per your own thinking by sheer discard of the constitutional freedom available to them all? RATHER, YOUR QUESTION IS TOTALLY ANTI-CONSTITUTIONAL.
Better avoid posting such type of irrelevant questions. However, to satisfy your urge, you are free to post such type of your questions in the forum section for discussion by one and all and to express their opinion. You can find several supporters of your views in that forum.
However, if you feel Article 14 has been violated through politiciams cases, you are quite free to file a PIL for which this section is not a registering authority on behalf of the Supreme Court.
Guest
(Expert) 17 October 2013
Also, I wonder as if you are a spokesperson or the representative of the posting clerk of the registrar office of CJI, as you stated --
"My brief encounter with High Court No 5, Registrar(Judicial), the POSTING CLERK on acct of my Writ Petition WP 21313 OF 2013 GIVES ME THE WISDON TO ASK our CJI does he needs govt of India or any state govt to pick and choose any case as per the whims and fancies in any court starting from lower to Apex?"
If the posting clerk has some brilliant ideas about politicians cases, he being a part and parcel of the establishment of the CJI can also make suggestions officially. Why he preferred to think about using you as his tool?
Guest
(Querist) 18 October 2013
There are always a certain amount of confusion when the question pertains to conduct of the advocates and the judges.
I am told by none than the asst registrar ( judicial)in HC AP on 11 Oct 2013 in my query how come my writ heard on 8/8/13 where the judge gave two weeks time to the respondent to file their counter was yet to be heard there after..the asst registrar put the blame on the judge stating it is the judge who decides the date and the seriality of the case in the daily list to be taken up.And if there is a chit issued by the same judge to advance a case it is recd by him, authenticated and then sent to the posting clerk to amend the list already prepared or to take note of it while preparing the list for the next working day.
If that is true it is the judge who is solely empowered to hear a case on an hourly basis or daily basis or not hearing it at all in his life time.It is the judges therefore have the power to expedite all cases against elected representatives by hearing them on daily basis so that a verdict is given. On the basis of that verdict the elected representatives will then either retain their seats or lose their seats in assembly or parliament.
It was Mr CJI who mocked the govt at the centre asking them whether the govt wishes to have the cases of the politicians be expedited when all the judges needed no permission but vested with power to hear the cases against all the politicians especially in respect to elected MLA/MLC/MPs.
And of course the officers of the court if they wish to can argue their cases in front of the concerned judges and obtain a PRIORITY CHIT and post the case as per the whims and fancies of the Judge over ruling article 14 or I do not what else to hear that case if and only the hon-ble asst registrar or registrar of the court authenticate it and advice the posting clerk to admit that priority chit or throw that chit into the nearest dustbin.
So there are lawyers and the lordships who if they want can expedite any case with a priority chit with or without ANY CONSIDERATION FEE at any point of time.
Guest
(Expert) 18 October 2013
Better avoid flying on horses of your own imaginations, if you don't have sufficient proof in support of your statements made publically, like that in your previous post, e.g., judge "not hearing a case till life," the posting clerk "throwing the priority chit in to nearest dustbin," and the instance of "consideration fee"?
Guest
(Querist) 18 October 2013
So its a case for PIL to save the chastity of the system in vogue? I have seen a sign posting in front of Asst Registrar's( Judicial's) office asking people to get the chit issued by the respective judges to get it authenticated by him for onward submission to the posting clerk..are those chits registered and numbered?
venkatesh Rao
(Expert) 23 October 2013
P.S Dhingra has analytically answered the issue in a most acceptable way. hats off Dhingra Ji.
Guest
(Querist) 23 October 2013
None is expected to put here suo moto every thing about his/her case for expert's advice as there will be contradictory and confusing comments here. More over as someone stated above advocate he intends to engage howsoever novice he/she is may not listen to the expert's advice given free of cost.Unless one is expected to treat those comments as commercial advt stuff to help him/her to decide on picking an advocate from here.
Or else this site which has admitted non-advocates/lawyers will do good to tell its members considered experts (for number of comments made) to change their mind set and comments on the questions which have the potential to change the attitude of the law officers of the court, to change the way cause is list prepared and shuffled at the registrar's office with chits duly transacted etc etc.
Guest
(Querist) 08 November 2013
Who all are benefitted if a writ in a high court is listed at serial 94 on 12 Sep, 95 on 18 Sep, Onward on 11 Oct, God knows where on 21 Oct but never taken up as the hon'ble judge did not reach there. And then the Judge himself is changed (No he is not retired)and the case is now listed at 104 in one Tuesday on 29 Oct and then at 133 on another tuesday on 5 Nov.If that was a Criminal case and the accused is on bail surely that would have benefited the criminal accused. It is a civil case and a child's career is at stake.The child is not the beneficiary. The NTR University of Health & Science who is anyway get a certain number of students admitted based on EAMCET is not the beneficiary. Then who is the beneficiary? Has the GP for Home is a beneficiary? Is something is being achieved by him by not submitting the counter which was ordered by the previous Judge on 8 Aug in two weeks time? Is the ZSWO RR is a beneficiary ? Is Director Sainik Welfare who refuses to reason is a beneficiary? But then Hon'ble Judges have been vested with enough power to hear the case without waiting for the counter being filed. He could have if intended to , to dispose of the case on its merit on the same day or any day after two weeks dead line was over? Was he a beneficiary simply by delaying a writ petition? But he has hundreds to wory about. Then who is or are beneficiaries if my writ is delayed and my daughter is denied a MBBS seat which belongs to her rightfully? Is my Advocate a beneficiary? Why he is not been able to convince the Lord ship that there is a urgency.Who all are party to this process? What are the determining factors to decide a case to be listed at serial No 1 or at serial no 133 where past records suggest that a court never gone beyond serial 70 in any day. Is that not a big big joke? Why Registrar ( Judicial) of the high courts be allowed to prepare cause lists with cases packed up upto 208 and beyond where as a court go no further than 70 on an avaerage. Do we need politicians to cleanse the Eugene's Stable? Or the BAR COUNCILS OF THE STATES , OF INDIA , THE LAWYERS .COM are highly capable of initiating the clansing task right now?
Guest
(Querist) 19 November 2013
My Writ was listed last on 12 Nov 2013 at serial No 263. As usual the court could not reach there. As per case status it is being shown last listed on 12 Nov and pending.I requested my advocate to be present on 13 Nov and press for listing it in the motion list next day or the coming Tuesday,earmarked for Interlocutory writs.The hon-ble Judge declined. He further added that as per SC direction counselling is over on 30 Sep 2013..Fed up I asked my Advocate to give me NOC to fight the case as PIP.Got the NOC and has submitted my written submission to the Chief Justice of High Court AP to expedite taking up my case as any further delay will jeopardize career of my daughter.I submitted the application personally to the office of hon-ble CJ of High Court AP.
Now that i am the one who is to fight the case as PIP would the experts in this site help me to prepare my case water tight?
My case in gist(for those who are averse to lengthy case histories):
-- 1% of MBBS seats are reserved for Children of Armed Forces Personnel in four categories (Priority I to IV). Priority I to III for children of war casualties dead or fatally injured. Priority IV(P IV) for Children of Serving or retired Armed forces Personnel(CAP).For P IV ELIGIBILITY CONDITIONS ARE (AP GO Ms 370 of 1994):
i)Registered with ZSWO(Zilla Sainik Welfare Office )of the district as noted in the service documents of the ESM ( Ex Serviceman). For serving soldier commanding officer is the competent auth to issue CAP cert.
ii) Resided in the state of AP for 5 years.
iii) Child has studied here in AP for 4 years preceding class XII and appeared for EAMCET.
I fullfilled all the conditions above, applied for a CAP cert from ZSWO Ranga Reddy Dist for a MBBS seatwith EAMCET rank obtained by my daughter OC/OU 2318.I was declined stating "not considered domicile of AP & had not commissioned into the Army from the state of AP". Hence the Writ filed on 16 July, regd on 18 Jul. First heard on 8 Aug ( Respondent given 2 Weeks time to file counter). There after listed but never reached by the hon-ble judge.My advocates requested several times for early hearing citing urgency ..
My request to the experts :-
a) to provide links to any other eligibility condn for CAP cert to an ESM in AP.
b) to dissect AP HC WA 951 &952 of 2006 which has any bearing on the laid down eligibility condn to obtain CAP cert.
c) Latest SC order on domicile by choice within India.
d) Can a Deptt(Directorate of Sainik Welfare of AP) issue a Memo to its ZSWOs to frame its own eligibility conditions for issue of CAP cert to ESMs contradictory to the eligibility conditions laid down in GO Ms still in full force?
Guest
(Querist) 20 November 2013
Today it was listed at serial 191 against my previous advocate..obviously it was not reached...It seems my appl to Hon-ble Chief Justice has not had any effect..But I am determined to get my case posted in the motion list..
V R SHROFF
(Expert) 20 November 2013
"But I am determined to get my case posted in the motion list.. "
VERY GOOD .
Guest
(Querist) 20 November 2013
@VR SHROFF I get a feeling I have invaded the domain of the Devil's Advocates..I am sorry if I did..I was only trying to do what Min of Info Tech (NIC) is trying " To eliminate manipulation of the daily cause list with vested interests." Isn't it doable in the High Court of AP?
Here is the extracts.....
"MINISTRY OF INFORMATION TECHNOLOGY
NATIONAL INFORMATICS CENTRE
COURTS INFORMATICS DIVISION
******
Status of Information Technology in Indian Courts
Ever since NIC took up computerization in Supreme Court in 1990, many applications have been computerized which have impact on masses i.e. litigants. Following are some of the applications which have been successfully implemented at Supreme Court and 18 High Courts and these applications have either direct or indirect impact on the masses .
Supreme Court of India
List of Business Information System (LOBIS) :
It is about scheduling of cases to be heard by the courts on the following day. It enabled the Registries of Supreme Court and High Courts in eliminating manual process of Cause List generation thus any manipulation by vested interests. These databases contain details of fresh cases, disposed and pending cases. It is the backbone application of every Court.
Impact :
As Cause Lists are generated automatically by the computer manual intervention has been eliminated resulting in generation of Cause List in time with out any hassle
Cases are listed strictly in chronological order of date of filing; eliminated irregularities
All cases having the same law point(s) to be decided by the courts are bunched/grouped and posted before one bench. This has helped the courts in faster disposal of cases.
It has become simpler to recall dismissed cases when review petitions are filed.
On the spot reliable and instantaneous statistical reports are generated
It has helped Registry of Supreme Court in streamlining its day to day activities to achieve one of the main objectives of COURTIS Project"
Guest
(Querist) 27 November 2013
Just to update..
Despite my written submission my case is still being shown in the cause list against my Advocate who has already given me NOC , a copy of which I have submitted with the office of the Chief Justice of AP HC requesting him to post my case urgently. I have recd no communication..Today it was listed at serial no 215..and not reached. Its a big joke of listing cases at that serial numbers knowing that they will not be reached..Is it with collusion of the Judges as well? Its time to question one and all.
Guest
(Querist) 01 December 2013
My Writ on domicile issue to avail CAP (Children of Armed Forces Personnel) for my daughter filed on 16 Jul 2013 regd on 18 Jul (WP 21313) first heard on 8 Aug & the GP Home Govt AP was given 2 weeks time to file counter. It was then listed under interlocutory at serial 94 on 12 Sep, 95 on 18 Sep, Onward 11 Oct, 104,133,263 ,191 & 208 on 26 Nov 2013. The issue involves whether I am to be considered DOMICILE of AP to avail ESM as per passing ref made by a division bench in an writ appeal 951 & 952 of 2006 in HC of AP on an entirely different case. The Zilla Sainik Welfare Officer Ranga Reddy Dist (where I am registered as an ESM as per Kendriya Sainik Welfare Board, Min of Def GOI) has rejected my application for CAP cert stating "you are not considered Domicile & you have not commissioned into the Army from the state of AP".
Within five months 3 judges have changed. GP Home has not filed affidavit as on date and hon'ble court despite listing it has neither reached it nor has asked for once the GP Home to file their counter. My appeal to hon'ble chief Justice of AP is yet to be either ack or acted upon.
We doubt every body's integrity starting from Aam Admi to the municipal clerk to contractor to builders to promoter to police to military generals to bureaucrats to politicians. But we hold our Judges above board. I am ex service man and has served the country moving from one corner to another remotest location in my country. Never thought my domiciliary despite fulfilling all the laid down conditions for CAP cert and a MBBS seat as per EAMCET rank of 2318 of my daughter.
Today I am raising the doubt on the integrity of the Judges..of the HIGH COURT of AP as i find no reason not to doubt that my case is not being taken up in the motion list and being listed at serials where the Judge knows he will not reach..It just can not happen without full knowledge of the hon-ble Judge as well as the CJ of AP. All those will be tested as soon as AP is bifurcated and the people across the same state are subjected to similar treatment by the judges of the High Courts in those respective Judges.
NIC has failed miserably to automate listing of cases in HC of AP, SC has miserably failed to ensure that vested interest and adhocism on the part of the Judges do not fail the automated listing of cases on a daily basis. Court Slips are being grossly mis-used to cause failure of the automated listing of cases..and Admission cases though supposedly to be heard on mondays, Wednesdays, Thursdays but being listed on Tuesdays the only day where INTERLOCUTORY cases in court No 10.
This case will be the test case for the people of Telegana as well as Seemandhara . I have taken NOC from my Advocate and wish to defend my case as PIP...Wish me and people of Telengana, Seemandhara and of Mother India good luck...as we are now compelled to doubt the integrity of the hon-ble judges as well.
Guest
(Querist) 29 December 2013
I was to be away for a few days to solemnize my daughter's marriage and could not keep a track on my Writ 21313/2013. I have just opened the high court of AP site and found that it was last listed on 10 Dec 2013 against my advocate and there is no change to PIP. But there was no cause list for Court no 10 for 10 Dec.God can only understand what's going on in the high court of AP. My advocate as is seen has filed something called USS, something like that..I do not know how do I get to know whether my submission for PIP been effected and how do I check if my case is listed in the motion list ( luck by chance)?
