Corrupt officials of Court of Law

Having reported the concerned Judge's indulgence in impropriety to the Principal Judge,apparently overheard by the concerned Judge as the matter was reported during the lunch break and the concerned Judge had arrived in the chamber of Principal Judge to have lunch, the matter was shifted to another Court( for the sake of convenience addressed as No 3) for unknown reasons.Apparently the reason of shifting the matter was the reluctance of the Judge to adjudicate application against the respondent dated 02.02.2009.

During the proceedings of the matter in the Court3 the respondent, deliberately and intentionally, remained absent. The judge of court 3 rhetorically tried to convince me that she would help me in all possible way and that the trial would be speedy( Did I ever say that the trial is slow? No! Since last over two years there was no trial as such and the earlier Court was merely wasting time and not taking the matter seriously. In fact the father of respondent wants an early closure of the case thereby enabling him to act as per his convenience, at times even violating the law). The Judge of Court 3 was relatively honest in her dealings.But the clerk at the desk was as mischievous and dishonest as the previous Court's clerk.My experience with the earlier court's clerk at the desk enabled me to spot the mischievous and dishonest attitude of the present clerk.However, since the Court 3 was also not addressing the application dated 02.02.2009 and the respondent deliberately and intentionally remained absent, another application was filed requesting the Court to secure respondent's presence in the Court during the entire proceedings of the matter . Therefore, the Court 3 was pleased to issue notice to the respondent. However, the mischievous clerk at the desk was reluctant to follow the directions of the Court. The said clerk proposed that I would have to make arrangements to send the notice issued by the Court to the respondent . I had to request the Judge to make arrangements to send the said notice. My request was obliged and the notice was sent to the respondent.

Intriguingly on the next date fixed for proceedings in the matter i.e. 17.09.2009, the matter was shifted to yet another Court(for the sake of convenience addressed as No 2). Apparently the Court 3 was reluctant to follow detrimentally legal procedure against the respondent therefore the case was shifted to Court 2. However the respondent,as usual, remained absent. On enquiring it was informed that Judge of Court 2 has recently been transferred/posted, therefore a few cases have been shifted to her Court. In the absence of respondent and pursuant to an unknown document moved on behalf of the respondent the matter was fixed for the next date.

Yesterday was the fixed date for proceedings in the matter. I was not feeling well,therefore, it was difficult for me to attend the proceedings. As I do not have the pleasure of hiring a lawyer, I have to take care of my case. Hence I drafted an application praying for posting the matter to a next suitable date. Since the case was yet again shifted back to the Court 3 due to the transfer of judge from court 2 to court 3, I went to the clerk in court 3 and presented the said application. The regular clerk at the desk was absent, therefore the junior clerk of Court 3 was to act as the clerk at the Court's desk.The acting clerk at the desk refused to accept my application on the ground that it has to be delivered to the Judge.I repeatedly urged the said clerk to accept my application as I was not feeling well. The clerk mischievously remained adamant on his stand thereby harassing me and forcing me to attend the proceedings in the matter.He humiliated me and even threatened me ( although I remained unnerved) to get me removed from the Court by the constable .The clerk was not performing his duty of accepting the document presented to him. Instead he was forcing me to act in accordance with the wishes of respondent's father who apparently had arrived and he wanted to get over with the matter in a jiffy,therefore my presence was insisted upon. The clerk's conduct was pursuant to his gratification by the father of respondent.

Since the conduct of the said clerk was mischievous and against the spirit of law as also I was not feeling well therefore I went with the application to the Hon'ble principal Judge . Once my application was presented to her by the usher I was summoned in the chamber of the Hon'ble Prinicpal Judge.The Hon'ble Principal Judge enquired about my complaint to which I replied that since I am not feeling well therefore I don't want to attend the proceedings for the day and hence I want to submit my application. But the clerk at the desk is not accepting it on the count that it has to be delivered to the Hon'ble Judge of the court.Since the Hon'ble Judge is in her chamber and I am unwell my application ought to be accepted by the said clerk. The Hon'ble Judge understood the situation and opined that the concerned clerk should have accepted the application as in any case he can not refuse accepting the application presented to him for submission. Therefore, Hon'ble principal Judge asked the messenger to personally deliver the said application to the concerned clerk.

Back in the Court room 3, the Hon'ble Judge had occupied her chair and the business of the Court was in process. The messenger sent by the Hon'ble Principal Judge handed over the said application to the clerk at the desk. The mischievous clerk at the desk dishonestly informed the said messenger that since I don't want to attend the hearing in the matter therefore I have submitted the application. Is the clerk eligible to decide and proclaim that I was not unwell? What business does the clerk have to talk like that with the messenger? Did the said clerk not indulge in impropriety? The clerk tried to act smart and violated the procedure of the Court.

Since I was not feeling well I urged the Hon'ble Judge to relieve me for the day. Since my application had come from the Hon'ble Principal Judge's chamber,therefore the said clerk immediately presented it before the Hon'ble Judge. The Hon'ble Judge promptly looked into the matter and relieved me for the day.

The above incidents shows how litigants are harassed by the clerks in the lower Courts for denying justice.Father of respondent often uses unethical and illegal ways to get work done to suit his convenience and deny justice.

Stunning attitude of Court

Having argued the need of recalling the order before the bench of High Court, I was thinking of getting some sort of relief. The need for recalling the order had arisen because it was a hindrance in delivery of justice. I had argued before the bench that since article 21 can not be entertained by any court/authority other than High Court and Supreme Court hence the Court's earlier order needs to be recalled to fit within the premises of law. Since nothing had been done on the violation of article 21 ( clearly mentioned in the petition) I still have the right to approach Supreme Court in the matter. The Court verbally agreed with my arguments and asked me what do you want. I expressed my intention to argue on article 21 as my entire petition was based on article 21 of the constitution of India.The Court opined that since I can argue on article 21 how can I be a layman(layman, as argued in my application for recalling of order).I informed the Court that I am a layman as far as the procedure of Court is concerned but I have studied article 21 of the constitution of India and that I am the aggrieved party having drafted the petition and being aware of the facts hence I am quite knowledgeable as far as article 21 is concerned. The Court refused to accept me as a layperson and refused to recall the order.Hence opportunity was denied.

Today I received a copy of the order in the said matter. Critical analysis of Court's various orders(including the petition and applications) would be explained in detail in other posts. However at the moment it can be said is that remedy lying with the Court has not been provided. The court has also failed to address the reality and the serious issues raised in the petition and argued in the Court, leaving the Court with no alternative but to act against the system and the guilty. The Court, in order to avoid acting against the system and the guilty, has chosen to pass orders which defeat the purpose of existence of Courts where ordinary citizens can put forth their grievances and get justice. The utility of Courts has become questionable.

The work done by Shri Amartya Sen regarding the manifest injustice has become evident in Indian judicial system.

JUDGE, FAMILY COURT NO 4 AT NAGPUR INDULGING IN IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY IN ALL ACTIVITIES

The following incident, of 3rd March 2009, exposes the chink in the judiciary. What happened is as under:

I went to the Court room with a hope that the other side must have submitted their reply to my application dated 02/02/2009(Application demonstrating the abuse of process of law and other illegal acts of respondent Eera to deny justice).As usual the respondent was absent, but that could not deter me from moving another application. The clerk, who appeared to be new in the Court, dutifully tagged the present application (for recording objections and directing the respondent to remain present in the Court room on all future dates and argue the case on her own) with the bunch of other papers of the instant case. Since the judge was not in the seat (should the judge be roaming around when he ought to be in the chair conducting the business of the Court?) my enquiry regarding whereabouts of the judge was vaguely answered by the clerk indicating that the judge is somewhere in the premises. The demand for a copy of the application, for the respondent, by the clerk was answered with an argument that it was not necessary as the application is unimpeachable and ought to be decided today. The clerk asked me to wait till the judge returns. I followed the directions of the clerk and settled myself in one of the chairs in the Court room.

While I waited for the judge to occupy his chair and pass orders on my(both) applications, the (unknown) juniors of the respondent’s lawyer, who had been secretly following me (as usual) rushed into the Court room and demanded the papers from the clerk at the desk. The clerk promptly handed, one of them, the whole bunch of papers of the instant case(I did not know whether the clerk was giving him my papers including my application submitted today). I was waiting eagerly for the judge to occupy his chair, read my application and, without any prejudice, act on the application. I saw the junior lawyer write on the papers under the custody of the Court and provided to him by the clerk at the desk. I asked the clerk at the desk if the lawyer had written on my paper meant for the judge. The clerk like an innocent said that the papers have to be given to the other party. I objected that paper in your custody, can not be given to the other party, unless it has been seen by the judge. I then asked the clerk if something has been written on the present application. The clerk said that it is the right of the other party to have their ‘say’ and that the lawyer is representing the respondent. Such a foolish statement from the clerk, in the present circumstance, was sufficient to irritate anybody. The junior lawyer brazenly tried to justify his act by saying, “Mr. ******, it is a usual practice to write the ‘say’ on the application.” The conduct of the clerk was ‘foolish’ and that of the junior lawyer ‘brazen violation of law’.

I told the junior lawyer that the paper, on which he has written his so called ‘say’, has not even been seen by the Judge and you can not write on a paper which is yet to be seen by the judge. I reminded the junior lawyer that he has no right to write on any paper which is in the custody of the Court unless the Court asks him to have his ‘say’. I started admonishing the junior lawyer. The clerk immediately realised his foolishness and tried to save his face. Since the conduct of the junior was illegal and attempts by the respondent to frustrate me and prolong the case for no good reason by not attending the Court (details in some other post) were sufficient to antagonize me, I demanded that an official complaint be registered immediately in the matter. The clerk sheepishly asked me to wait for the judge to arrive.

Suddenly, out of the blues, another lawyer (accomplice) appeared and tried to defend his colleague by blaming me of not maintaining the decorum of the Court. I told the senior accomplice that by his unsolicited ‘say’ the junior has prejudiced the Court and justice can not be done in such a circumstance. The senior realised his colleague’s mistake and started looking for escape routes. While the argument between me and his senior colleague was on, the junior deleted his statement by crossing the writing (even the deletion was sufficient to prejudice the Court as the ‘say’ was clearly legible). The senior went on to antagonize me further by saying that he is not talking with me but with the clerk. I said that you have been denying justice by prejudicing the judiciary since last two years (the time since the case is in the Court of law) and I have realised it by now (more, on the conduct and illegal activities of the respondent and her manoeuvring tactics to evade law and punishment and undue gratifications received from the government officials, in some other post).

I then left the Court room to lodge my complaint. My friend joined me barely 2 minutes into my walk from the Court room, to provide me the desired support as I am fighting the battle singly against so many powerful and manipulative kleptocrats and criminals. We went to the office of the Principal Judge and found her to be absent. I saw the judge (ought to be in the Court room) in the office of one of the officials of the Court, busy talking with the employees of the Court on computers and printers. Seeing me standing outside, the judge left the (unimportant) discussion and came out of the office. I informed him of the activities in his Court room while he was roaming around chatting with people. The judge without realising the gravity of the situation asked me to go back to the Court room and wait for him. I followed him; he pretended to be irritated and asked me how I know that he was in this office. I told him that the clerk at the desk informed about your presence in the premises and that we have come to lodge a complaint, regarding the incidents in the Court room, with the Principal Judge. I told the judge that the conduct of respondent (and her lawyer) is not permissible as the lawyer’s unsolicited writing is against the procedure. The judge, feeling humiliated, said that the lawyer has acted on his orders of letting the other party to submit their ‘say’ in his absence and asked me in a threatening tone whether I’ve understood. (Can any judge do that? It is the duty of the judge to first read the paper presented to him in the Court room and then decide whether to ask the other party to have a ‘say’ or not). The statement of judge ought to be viewed seriously as this is not how justice is done and the judge is merely performing administrative duties mechanically and without application of mind and propriety of jurisprudence. The judge is simply prolonging the case by allowing the powerful respondent to take it on a wrong track and give an impression that a lot has been done in the case( whereas nothing has been done and the petitioner has been made to make rounds of the court since last 2 years without justice being done. Thus the judge is lending the prestige of his office for advancing the private affairs of other party. More details would appear in some other post).

I came back to the Court room with my friend and offered the lone vacant seat to him. My friend had barely settled in his seat, the judge rushed into the court room with his big ass moving indecently (big fat ass consequence of identical collaterals received, for providing indirect benefit to the respondent and harassing the petitioner?).The judge swaying his big fat ass went in his chamber and summoned the poor clerk who had to bear the brunt of judge’s ire. After scolding the poor clerk to his heart’s content the judge emerged from his chamber and settled in his chair in the Court room. The first thing that judge did was summon me. The usher was ordered by the judge to call the respondent. The lawyers representing the respondent deliberately and intentionally did not respond to the call. The judge acting smart tried to cool me down and asked me if the respondent was present. I expressed my ignorance regarding the whereabouts of the respondent. The usher was asked twice again to call the respondent. The lawyers who had already committed mistake abstained from appearing on behalf of the respondent. I pointed out to the judge, their abstention, the cognizance of which was deliberately not taken by the judge in order not to vent air to the issue and protect the respondent from its harmful effects. The judge read the ‘say’ of the respondent on the paper (although deleted, yet legible) and asked who has deleted the ‘say’. The clerk informed that the lawyer had done that. I informed the judge that the lawyer had done it out of impulse. The judge pretended to be angry and questioned my right to speak unless called for by him. (Partial judge, as he has not applied the same logic in case of junior lawyer who had prejudiced the court by his unsolicited ‘say’). I expressed my regrets. The prejudiced judge then started writing mischeivous order(meant to prejudice others)on the present application (details in other post). While passing the order the judge asked me if I had any child and date of birth of the child. The affirmation from my side accompanied with the date of birth enabled the judge to pop up a frivolous and out of the context question regarding the school exams. The judge asked me to state the date by which the school examination of my child (in the custody of respondent) would be over. I expressed my ignorance as I had no inkling about the child’s present status. The judge fixed the next date in the matter to be ‘after two months’ in order to let my child appear for her school examination. I pointed out the unusually long period provided for the respondent till next date (2 months). The judge said it is in the interest of the child as she has to appear for school exams. I argued that my child is too young (aged 5 years only) and the school exams won’t last that long as opined by the judge. The judge’s opinion and order are mere rhetoric (details some other time). The judge was requested to prepone the next fixed date to fall within the permissible range of 30 days. Judge acted adamantly and did not heed to my pleadings (remember, the respondent and her lawyers are absent, yet the judge is acting in favour of the respondent. Any comments?). The judge then asked me to supply, copy of the application, for the respondent. I replied that there can not be any argument on my application as it is an application for recording the objections and directing the respondent to argue her case on her own and without the assistance of the lawyer and also to direct the respondent to remain present on all future dates. The judge said the respondent can have a ‘say’ on the application. I pointed out that respondent is absent which proves beyond doubt that she does not want to give her ‘say’ so order may be passed in accordance with the prayer of the application. The judge once again acted against the interest of justice and jurisprudence and shouted at me to provide the copy for the respondent. I was constrained by the judge to supply the copy in order to prolong the case. The judge ought to have read the application, understood the situation based on the facts demonstrated in the application and passed an order in accordance with the prayer of the application as the respondent has been deliberately absenting from the proceedings of the court. Another point that should have been considered was that the application was unimpeachable. But the judge deliberately and intentionally provided additional opportunity (especially when respondent does not want to avail any opportunity and simply evade law and punishment) to the respondent to prolong the case and insinuate unnecessary arguments and divert the attention from the illegal acts of the respondent.(The conduct of respondent in the society is illegal and criminal in the eyes of law, but since her father is a political personality she is enjoying the benefits as nobody is taking up her illegal acts to the Court. details in some other post).The judge fixed the next date after around 2months to allow Narayan Taldar( father of Eera) and Ramesh taldar to concentrate on parliamentary elections scheduled to take place on 16th April 2009 as Praful Patel is contesting election from Bhandara and Taldars are party workers of NCP and supporter of Praful.The deceptive fixing of next date after around 2 months instead of permissible maximum 30 days by the judge,to ultimately facilitate the respondent and her relatives to brazenly further their interests and fulfill their political aspirations and violating law, is lending the prestige of his office for advancing the private affairs of others.

As mentioned in the beginning I had moved another application on previous date(02/02/2009) demonstrating the illegal conduct of the respondent and my ex lawyer. The judge handed over to me the copies of reply submitted by my ex lawyer (asking for more time to submit her reply and another application seeking copies of documents from me) and ordered me to endorse the receipt. I complied with judge’s order and subsequently enquired about the copy of reply if any submitted by the respondent as respondent was alleged to have committed illegal acts, demonstrated in the application dated 02/02/2009. The judge brazenly retorted that respondent has not submitted her reply. I asked the judge to record my objections regarding the non submission of the reply by the respondent and also to take cognizance of the fact of respondent taking the law and judiciary for granted. The judge said that my oral objections will not be recorded and I need to raise objection in writing. (Is it mandatory to bring the objections to the notice of the judge in writing? Are oral submissions and objections not to be recorded?).Once the order was passed on today’s application, I left for lunch and ready my ‘say’ on the papers submitted by my ex lawyer.

I returned after lunch, the judge was still missing. I asked the clerk to allow me to submit my ‘say’ on the papers submitted by my ex lawyer. The clerk asked me to wait for the judge. (Did the clerk ask the lawyer of the respondent to wait for the judge? Instead he allowed the lawyer of the respondent to prejudice the Court by his unsolicited and out of the context writing resulting in denial of justice).Once again I waited for the judge. Meanwhile my ex lawyer also appeared in the Court room. When the judge arrived my ex lawyer went up to him and asked for the copies of the documents as she did not have the documents (yet another delaying tactic by my ex lawyer who acted against me and in favour of the respondent. Copies of documents could have been easily obtained earlier from the copying section of the court and reply submitted today as she had sufficient time of 1 month at her disposal for acting in the right prospective manner. To delay the process my ex lawyer deliberately moved mischievous applications (i) seeking additional time for filing her reply to the charges levelled against her in my previous application and (ii) seeking entire record from me. More details on the malicious conduct of my ex lawyer and the nexus will appear in other post). The judge, fed up with his own efforts to deceive me and not acting in accordance with the ethics of his profession and professional competence in order to provide undue benefits to the respondent, ultimately asked the lawyer in harsh words to come on the next date fixed in the matter. I then went up to the judge and asked for his permission to allow me to submit my ‘say’ on the papers submitted by the lawyer. The judge refused permission in order to delay the matter (A judge should dispose promptly of the business of the court. Duty not done by the judge.) This way judge is acting in favour of respondent by allowing her unnecessary and unsolicited opportunity to violate law and take law for granted.

The judge has continuously not been complying with the law and has not acted in a manner that promotes public confidence in the impartiality of the judiciary. The judge has lent the prestige of the judicial office to advance the private interests of the respondent who is officially promoting corruption, kleptocracy, plutocracy and incompetence using the Court room as a platform.

When the certified copy of application (dated 03/03/2009) was obtained more evidence of deception and denial of justice came to light. The respondent’s unknown lawyer received the copy of the application on her behalf, later in the evening, for the sake of formality and insinuating unnecessary arguments in order to prolong the case while remaining absent during the proceedings of the case and carrying out her criminal conduct and activities outside the Court room and denying justice by deception. The details would come in other posts.

Even the order of the judge is mischeivous as it does not mention that the next fixed date is after almost 2 months(illegal) and the order is inconsistent with the prayer of the application.Details in other posts.

If this is the state of Indian judiciary, imagine the state of government and public departments.

Prelude

I am constrained to write because of the oligarchic,kleptocratic,plutocratic conduct of an unscrupulous moron named Narayan Krishanlal Taldar owner of Ganesh Medical Stores in Bhandara(Maharashtra). Narayan’s riches and association with NCP has enabled him to abuse the law and manipulate the system to his benefit and ruin the life of a commoner. I am also writing to expose the illegal acts of Narayan Taldar and his daughter Eera. Under this blog I’ll be elaborating and explaining the mischievous and malicious conduct of the government officials who acted at the behest of Narayan Taldar to suit his convenience and harm a commoner and the society. I will also be exposing the hypocritical conduct of law enforcing agencies and the judiciary(especially thelower court). I’ll illustrate how the people responsible for maintaining the law and order are allowing misuse of law and providing escapist routes to the criminals like Eera and Narayan Taldar.