Extra remarks (tampering) in highcourt ordersheet , guide for complaining
veer
(Querist) 18 February 2015
This query is : Resolved
sir,
kindly see attached file.
or refer url:
http://highcourt.cg.gov.in/interimorder/13/WP(CR)98_13(17.10.13).pdf
see on the top right corner of the ordersheet,
Whereas in actual order it clearly says that the petition was withdrawn by the petitioner.
there is a handwritten comment in a seprate handwriting which states the following;
"Police authorities is direct to take action u/s 452"
(note grammatical errors and spelling errors )
Tip:
To my surprise, even the certified copy of the ordersheet taken from highcourt and the copy which is uploaded over the website also has the same comment.
Itis clear that the comment was marked by some of the sub-ordinate in the registry/court.
However we have faced serious damage because of this comment, i.e. the petitioner here who withdrew his actual petition has managed to join hands with police and got the police to take action based on this false remark.
I want to know if this kind of practice is followed in highcourts?
if yes, than it has to be stopped and the person who did so is supposed to be prosecuted.
Any how we need your guidance to proceed further with this complaint and under which law this kind of mischevious act can be dealt.
kindly suggest.
contact me:
email: vsmedi@gmail.com
Devajyoti Barman
(Expert) 18 February 2015
Bring this to the notice of the high court. Since it is the order passed by HC, it alone can correct the mistakes.
veer
(Querist) 18 February 2015
Mistake?
why not call it offence?
and why not take action against the person who did this?
and against the petitioner who took advantage of highcourt machinery?
This kind of practice can cause very serious damage to some one someday,
My point is that WHO , OTHER THAN A JUDGE IN HIGHCOURT HAS AUTHORITY TO WRITE ON AN ORDERSHEET?
--tampering and mutilation of a judicial file is an egregious offence against the entire justice delivery system and as such the case--
does this not appear serious offence to you, sir?
veer
(Querist) 18 February 2015
Also sir,
correction of this mistake is not going to reverse its affect.
the damage is done and is not repairable.
As such the case, kindly suggest
way to proceed further with this complaint and under which specific law, can this kind of offence be dealt.
Rajendra K Goyal
(Expert) 18 February 2015
Only concerned judge of High Court can clarify the situation whether at what stage and how the remarks were added. Consult your lawyer.
veer
(Querist) 19 February 2015
I have counsulted many lawyers in the very highcourt.
two of them appears to think that the matter is very serious and seroius action will be aken against offender(s)
however consulting another 10-12 lawyers, i understand that they feel it can be a regular practice followed by the court to write such synopsis of what has been asked for in the very writ.
whereas despite the fact that there is no provision in law for such xtra notations to be made on the ordersheet, lawyers feel that given the state of our judiciary, no action will be taken against such small errors.
I have decided to go ahead with the lawyer who thinks that if a complaint case is filed, than the offender will be behind bars for such crime.
But because i am not convinced with his approach, and given my limited knowledge, hence came to this forum for expert review , to understand what is the right thing to do.
