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sandip (Assistant professor)     18 November 2012

Complaint and vigilance for corruption by court official

Hi,

I am a victim of the harassment conducted by court official (Peshkar) in term of assigning next date for a criminal case which I am fighting in a civil court.

The peshkar has established a tacit agreement with the opposite party and is favouring them by providing a long date between two hearing and asking for money from us if we need the same favour. In the inital period of this criminal case it use to provide 2 months gap between the two hearing.

I would like to take the initiative of fighting back. Request you to let me know through what channel I can proceed further to conduct a vigilance against this court official and second through what channel can I put the compalints which can be heard.

I am desperately seeking for this information. Any help in this regard will be highly helpful

Thanks

Sandy

 

 



Learning

 4 Replies

dr g balakrishnan (advocate/counsel supreme court)     19 November 2012

dr sandip, get hold of vigilance department head or to Anti corruption bureau of police relevat of your case and they tell them the issue they will give you marked currecy and pay that peshkar and the ACB will arrest him and hewill be immediately suspended and the investigation and ourt matter will proceed witout much impediments.. adv.dr. g balakrishnan advocate(Original side) Bombay high court, rapidanalysts@gmail.com

Narayan Das (An Opinionated Man.)     08 March 2013

Write a complaint to the Registrar of your High Court and send it by registered post with acknowledgement.

No court fee is required for the complaint.

The normal format of letter writing may be used - From, To etc.,

State your matter clearly without any long winding stories.

Straight and to the point.

Best Wishes.

dr g balakrishnan (advocate/counsel supreme court)     08 March 2013

suggestion of Narayandas is ok. But you have to fight the matter as you have interests aginst vested interests. Truly speaking complaints are just complaints and it is normal among Executives, i will scaTCH YOUR BACK AND YOU.. IS THE STORY wherever it is.

this country is mostly ruthlessly managed by Executives only whatever the Legislative intent is. Arbitrary behavior is very normal as Executives are used to Raj be havior which is not dead whatever you may call.

Even SC said in Minerva Mills v UOI in 1980 asserted, its power of judicial  review by its 5 member bench. Even  Bhaghwati J though dissenting held Apex court power is vital,. there is unison among all 5 members as far as this aspect is concerned.

Indian Executive see even in government how rashly introduces its thoughts as the Law however much questioned by members. Every one can see this in every legislature sessions where governments bills are passed surreptiously as always speakers or chairman of Councils yield to Executive pressure is apparent when you see the eye movements of these presiding officers and treasury benches.

You could have seen even yesterday when discussion in loksabha on Sri lancan genocide was taken up. so trusting Executive more than a minimum is disaterous is my view.

i found today yesterday FM instructed central excise to send service tax defualters into jail, though the both reasury and opposition  MPs were very uncomfortable. What that speaks about your great Executive please!

so care is must when you trust the Executive, sir. regards. adv.dr. g balakrishnan Bombay high court.  

Narayan Das (An Opinionated Man.)     08 March 2013

I have an alternate suggestion for invoking a solution under the law.

The executive/bureucrat in question here is a clerk of the court and so will come under the vigilance bureau.

Do not file a complaint with the vigilance bureau.

This will have to be reffered by them to their central office for getting the permission of sometimes the chief minister's sanction may be required, which is a tedious process.

File a criminal case against this official in the vigilance court of your district directly to the magistrate and the case will be immediately taken up.

Make sure that you file it as a short straightforward petition putting everything clearly in writing.

Filing it as petitioner-in-person would be perfect, for, once you have written everything down you will not be needed to say the same thing.

Even if there is an arguements stage, you can prepare arguement notes and just read them.

Make sure you put in all the right sections of the law in your complaint.

If any help is needed in this matter, kindly say so and I will help you draft the petition through this very same forum.

Best Wishes!


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