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JA   22 May 2016

How to speed up the judgement

Dear Sir/Madam,

My brother is retired goverment employee and a criminal case is pending in the court since almost 10 years. 
The status of the case is  "Evidence Part Heard" since 9 years. According to us, all the evidences have been provided and nothing seems to be pending in order to get some judgentment. He is not given pension due to this case. And is really financially broken and his age is 71+

We are not really sure how to speed to this process.

Can anyone advice please!



Learning

 4 Replies

Kumar Doab (FIN)     22 May 2016

Service matters are heard on priority.

Senior Citizens are heard on priority.

Delayed matters should be disposed on priority.

High Court have framed rules and are available on website of HC.

Your lawyer can guide you further.

 

G.L.N. Prasad (Retired employee.)     23 May 2016

It appears that the process has not closed and argument part is remaining.  You can ask your Advocate to file petition before concerned judge explaining his senior age status and mental agony being suffered by him, and you can also add of health problems if any and other immediate financial necessities.  Now that SC is taking immediate steps for disposing of criminal cases and particularly involving senior citizen, one can hope earlier action, depending on the Advocate.  Infact your advocate is the competent person to deal with such issues. May be your advocate, might be under the impression that the prosecution evidence is so strong and to postpone conviction, he may be dragging the case. (not sure but a feeling)

P. Venu (Advocate)     23 May 2016

In addition to above suggestions, pending criminal case is no justification for denial pension. Unless there had been a disciplinary proceeding on the same or another matter resulting in the dismissal/removal of your brother from service, he is entitle to get provisional pension and this amount cannot be less than the pension he is eligible.

T. Kalaiselvan, Advocate (Advocate)     28 May 2016

Well advised by experts above, you may follow the suggestions made which seems to be more effective steps.


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