From: मानवसेवा <mankind.serviceindia@gmail.com>
Date: Fri, Mar 22, 2013 at 10:09 AM
Subject: JUDICIAL REFORMS- SURVEY AND FEEDBACK FROM PUBLIC
To:
From: Mani Ram Sharma <maniramsharma@gmail.com>
Date: Fri, Mar 22, 2013 at 9:56 AM
Subject: JUDICIAL REFORMS- SURVEY AND FEEDBACK FROM PUBLIC
To:
Dr Shwini Kumar,
Hon'ble Minister for Law and Justice,
18, Ashoka Road,
New Delhi 110001
Sir,
JUDICIAL REFORMS- SURVEY AND FEEDBACK FROM PUBLIC
As your kind honour is aware that the Indian Judiciary has not served the dreams of citizens in general even after independence though there may be stray cases of judgments to quench appetite for cheap popularity. The magistrates issue warrants against witnesses in the very first instance on the one hand, but the policemen do not appear in courts as witnesses inspite of summonses and warrants. Ultimately, judges and magistrates issue repeated D.O. Letters to superior Police Officers. This situation questions the very independence, sanction and impartiality of judiciary, and also confirms that the judiciary functions in league with police. Undoubtedly all this happens in lower judiciary under the (active or inactive) patronage of superior judiciary like the vegetation receive nourishment from top- the leaves only. Vegetation can't survive without nourishment from leaves.
The Indian judiciary has been talking of credibility, and sounding drums of Trustworthiness but the factual position is on different footings. Justice Kirubakaran of Madras HC has observed, "Already citizens are frustrated with the justice delivery system and only less than 10% of the litigants who have disputes are approaching the court," {(TOI) -Rise in contempt of court cases irks Madras High court -By A Subramani, T NN | Feb 2 4 , 2 0 1 3 , 0 3 . 4 5 A M IST} "There is no difference between the Judge and the Common Man except that one administers the law and the other endures it…We (Judges) have indeed a 50 percent chance of being right in any case we try, and of course, the usual chance of not being found out if we are wrong. The last chance is something else we share with the Common Man." - McKenna Judge of HC UK - The Judge and the Common Man, Volume 32 MODERN LAW REVIEW Page 601. However (serving or retired) Indian Judges can't collect courage to admit the truth in general, and therefore are unwilling to carry out conceptual reforms in Judiciary. The matter of Judicial Reforms is on cards, and has been hovering for pretty enough periods.
I estimate that 10-20% judgments and orders of Magistrates, 20-30% judgments and orders of Sessions Judges, 40-50% judgments and orders of High Court Judges and 50-60% judgments and orders of Supreme Court Judges may be in tune with the Constitution and law of the Land.
The Department of Posts has sponsored a ( http://www.indiapost.gov.in/Pdf/India_Post-Project_Arrow-Audit_Report.pdf ) survey "Findings of 'INDIA POST – PROJECT ARROW' Audit on "Customers' & Staff Satisfaction Survey" to know the position and take further action. Lativa has also sponsored "VALUATION BY COURT CLIENTS – THE ROAD TO IMPROVING
FUNCTIONING OF COURTS"( www.ltmc.lv/exchange/Tiesu_darba_vertejuma_petijums_ENG.PDF ). Therefore it is requested that an extensive survey within time bound programme be also sponsored from a private agency before finalizing the map of Judicial Reforms.
With regards,
Yours faithfully
Mani Ram Sharma Dated 22.03.2013
Advocate
Behind Roadways Depot
Sardarshahar -331403
Distt. Churu (Raj)
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