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.
