To,
The Hon’ble Supreme Court of India,
And his Companion Lordship Siting Judges,
It’s Secretary and its High Rank Judicial Officers,
Tilak Marg, New Delhi
‘SECOND TIME’ AMENDED COMPLAINT UNDER
ART. 350 THE CONSTITUTION OF INDIA 1949
SUBJECT - Many Function Court Judges and Magistrates Seat are Still Vacant in the District of Muzaffarnagar and District Saharanpur so long by the Registrar General of Allahabad High Court and the State Government of U.P wilful “negligence and ignorance” about status of vacant courts and other legal problems.
Resp. Sir!
Para 1. I am the people of India and also an advocate who practice in various Districts region of Uttar pardesh and in between Delhi regions have some couple of months have been facing a big problem of extreme shortness of judges and Magistrates not appointed or may newly appointed on the running function courts where the cases and suits are pending of various clients by advocates for the sake of justice to be done by the justice of Gods. That Although I wait some months but all in vain as I observed as no changes and newly appointed of the Judges and Magistrates were still done by the Registrar General of the Allahabad High Court and by the U.P State Government for taking necessary legal steps to fill the Seats of the Vacant court with the Judges and Magistrate of the District Saharanpur and District Muzaffarnagar in Uttar Pardesh.
Para 2. That my clients are blaming me, get harassed by deaf system and then putting demon like curse to the legal system and our current cases are hanging on line and on stake without any further speedy progress may go on every date by dates. That the Reader and the others appointed Clerks of the Vacant Courts making elicit unlawful money on giving successive dates of “Two to Three months to four month” by himself and then enjoying the full official time with the talks with each other without any major court work to go for that Vacant courts. That the System of Judiciary is very disturbed and hotchpotch in Uttar Pardesh and the people of Uttar Pardesh are dying in desire of breathe of timely justice to be done or not someday. That the Art 39A of The Constitution of India 1949 provide free legal aid to every people of India by the State Government but when the Required necessity Judges and Magistrates will not be appointed on sharp time and made available daily in the functioning courts daily then how the people of India may get justice with the paralyzed lethargy system and how the petty to major crimes may be stopped in the Districts of Uttar Pardesh. That due to that the crime and criminals daily increasing and the offenders and culprits are not having tiny fear of Indian Laws as when many Judges and magistrates will not be there in Courts then who may stop them for making next crime not to get occur in the Uttar Pardesh.
Para 3. That it is the bounden duty of the U.P State Government with the coordination to the Registrar General of Allahabad High Court to take sufficient legal necessary steps for making quick appointment of the Vacant Courts so that no time of the Courts and the litigants will be wilfully wasted for contesting the cases and suits which they filed with their hard earned money and time filed with the requisite Court fee and other legal expenditures goes in vain. That every case as to be consider a valuable important case and the result of that case will be decide by the Judges and Magistrates on time if they all are available before that vacant courts but in contrast to that courts are still today being made still vacant unfortunately till yet when the Wilful gross negligence of the U.P State Government and the Registrar General of the Allahabad High Court for the welfare of the state.
3.1 That Now in the District Muzaffarnagar the List of the Vacant Courts are as follows:-
1. The Civil Judge (Senior Division)-II Vacant till yet
2. The Civil Judge (Senior Division)-III Vacant till yet
The Judicial Magistrate – II Vacant till yet (from Last 12 months)
3.2 That Now in District Saharanpur the List of the Vacant Courts are as follows:-
- The Civil Judge Rural (Junior Division) Vacant till yet.
- The Number of Civil Judges are very much less and those some have given two charges to each court like Addl. Civil Judges and A.C.J.M charge a complex mixture of Civil and Criminal Proceedings on same court of law.
2. The Judicial Magistrate – II, Vacant till yet.
3. The Judicial Magistrate – III, Vacant till yet.
Para 4. That as the problem of this complex situation seems no timely resolution whom to address this untold pain and who will fill this long gaps comes in independent judiciary that why I am writing to you as you may know in reality that what the U.P State Government is doing towards for the People of India to get Justice on time and What the health of the legal System in the Court of Uttar Pardesh is. That One thing I also want to say about How U.P Police has been functioning in the State and how the Indian Laws and Legal Procedure of the Courts are turning down in misdirection by the some wrongdoing advocates under the provision of law towards legal misdirection and wrongfully applying before the existing and less Functioning Court of the Uttar Pardesh in very corner of District Courts.
4.1 The when any FIR is registered by the aggrieved Person or by the Orders of Taluka Magistrate the U.P Police then the police investigating Officer making Non-Bailable Offences into Bailable One and Non-Compoundable into Compoundable One (I,e remove Non-bailable and Non Compoundable section himself illegally) so that the Accused or Accused’s may get Bail easily from the Police Station first then after report under Sec 173 Crp.c from the Court of law so easily like chewing a bubblegum alike. The U.P Police if wants to get more liberty and immunity to the accuseds then make Final Report under Sec 169 Crpc to close the case and forwarded to the Court of law. After that mostly No court of laws notice under Sec 173 Crpc was served to the Complainant or to the victim against what he has to say about this but in contrast to that Sec 190 Crpc cognizance would be taken by the Magistrate and close the case or issue summons to accuseds on that simply bailable sections. Then accuseds if come somehow appeared before court of laws then just on that day get Bail in couple of minutes immediately and then after every time when the trial dates comes for case hearing the accuseds counsel move numerous Hand written simple Exemption Application on each and every dates so many times successively and create a calculated planned obstruction of justice for not decide the criminal case on merits on time. This type of wrong practice make the law a video game of several stages which not cleared by the Complainant or the victim till he dies in desire of justice and finally accuseds free from the shackles of law as time erodes the law.
4.2 That one major big problem in U.P Courts that any local District Bar always make a unwarranted strike or no work day on many kind of petty issues like any advocate death, Election of bar coming for Nomination to till results finalized, Shivji 15 days Kavadh Yatra Coming, every Saturday continuing Strike and no work completely since 1985 for High Court bench demand, Nagar Palika Election coming, Panchayat Election Coming, Cold or Rain and Hot wind month comes etc etc through a written letter note issued by District Bar President to every functioning courts for declare Strike and for so that working day no Judicial Work would be taken place in any court and the deputed presiding officers move to their chambers or outside District Courts and then after the suffered litigants and other advocates again gets two months or three months next date for the case/suit next hearing by the Reader or Alhamad or Munsarim in absence of Presiding Officers with their own partiality in need of weight of money who put more. While this type of legal practice I had never seen in Delhi District Courts, Delhi High Court and the Apex Court except some very large main issue of Concern affected all the legal fraternity of the Delhi State goes in Strike.
4.3 That due to this dirty practice procedure and loopholes the every court Clerks and the Reader, Munsarim and Alhamad not make good respect of the other workaholic advocates and treat them like a puisne person in the society and do their work in their own pathetic style and make unwarranted favorable approach towards consideration whom they get and suppress the opposite poor party of that case attached to.
4.4 That not a single case in all the District Court of Uttar pardesh would call according to the daily advance Cause list prepare with sequence of alphabet numbering for every litigants and not all advocates get equal opportunity for the case and suit hearing but in contrast to that one to two some old High Rank advocates or powerful litigants get their file put any time before the Desk on the presiding officers to call and instruct Reader to present it and only in that day the file thru that case and suit hearing would commenced. Rest others litigants and advocates get a chance of their case or suit was no surety for it. That after lunch presiding officers may come or not no surety as only time 11:30 AM to 1:00 PM is the major crucial time you can request for your case hearing after that no surety case or suit would be heard or not if chance no come the Reader would give two to three months dates. What the dirty Hell approach used to in all Districts Court of U.P while in contrast to that in Delhi District Courts every case and suit would started off at time 10:30AM thru calling of numbering system and judges and magistrates also sat after the lunch time precisely on time.
Para 5. That some people don’t like my raise of concern on exposing the secret style of District court working what they doing before the District Court of U.P in my legal fraternity and may make my enemies or may kill me but when the innocent man like me get daily tensed from the lack luster procedure of the State Government and District Courts and Districts Bars controlled the District Courts then what the benefit I get to be advocate called in the society and how the justice for the people of India in U.P be saved on time by the studious and workaholic advocates for the aggrieved litigants and complainants and victims come to their doors with some ray of hope. That I deeply apologize that I have to make this official complaint and has addressed to the Apex Court and to the Central Law Ministry for the loopholes and problems in the legal system facing day to day by the millions of people in all Uttar Pardesh from all the 75 Districts in Uttar Pardesh. That I may live alive or not it doesn’t matter what matter to make our independent judiciary as the “A Class” judiciary system recognized in all over the world and the people of India with justice may live without any fear and harassment in this temporary world where everyone has played a vital role in the independence of India after 1947 still exist and forever exist without any further obstruction of justice and physical harassment from onwards now.
PARA 6:- That I also Self observed that the new to old Presiding Officers of every Court of law, their deputed Staff and exist Appellate Courts in each District Courts have no good and absolute knowledge of every Allahabad High Court Orders and issued Circulars since 1900 and JTRI yearly Law Digest and Rules, U.P Court fee Act, U.P Government Servant Conduct Rules 1956 time to time for every and every Court in all Districts of U.P and that why the burden of raising the issue on the point of law and error in law has been shifting on the shoulder of some knowing good practicing advocates who get familiar every Rules of law till made by the Hon’ble Supreme Court of India and the Hon’ble Allahabad High Court of Judicature and its Lucknow High Court Bench. That also the “General Rules of Criminal 1977” has been made and applicable in all U.P but no one has following its Rules as mentioned in 5-B A, 22, 34A and 35A and are extremely by pass and ignored by mostly the Court of U.P. Similarly the “General Rules of Civil 1957” are by passing in lack of knowledge which is dangerous in our society. That when the Formula (Rules and Laws) for solving the every litigant legal problem not apply rightfully then how the result will come right in the form of Judgment. That’s why mostly go to High Court who have sufficient money and rest mediocre people leave it their battle in middle as they think that the Judgment is the law and get no relief from upper High Court and also have no time and money besides daily digging and earning for their personal survival of life.
++ PRAYER ++
That under these dreadful circumstances and the various grave problem entered in our independent judiciary system and I am the citizen of India humbly request and demand to make permanent resolution of the raised issues in this grievance application one by one and finally everyone be resolved by the support of the Apex Court known as Supreme Court of India and the Law Ministry of Government of India for the Welfare of the U.P State and its resident people of India to make their personal life good from all sides in the society and walks with their heads upwards and straight and from shoulder to shoulder with each other. That the law loopholes and the wrong style of practice before District courts will be curbed a permanently resolution thru amendment in laws or thru Supervision by any OSD or other independent body for the welfare of the U.P State. We have to make an India a better place and better society then what the evil and wrongdoing are flowing in our legal system veins. Kindly Also Order and issue precept to make immediate new appointment of the various Judicial Officers on the Vacant Court exist before the current District Courts of UP and in other remaining Districts of U.P.
Thanking You!
Dated:- 18-August-2016
Complainant and Aggrieved Person:-
Mr KK Agarwal Advocate
210 South Civil Lines, Bulletin Colony,
City :- Muzaffarnagar, State:- Uttar pardesh, INDIA.
Mb:- 09319365499, 09997476919.
