Even Courts’ registry breeding corruption and delaying justice

Registry in courts plays a very important role in delivering justice. Its role is relevant during filing of case, proceedings and also even post disposal of the case (while delivering the judgment/order copy). Delay on the part of the registry in the processing of case file at every stage would be a risky affair for litigants.  The fear of possible delay on the part of the registry in processing case files during these stages impels the advocates and their clerks to pay a bribe to the officials and assistants in order to process their files quickly.

Such things are mostly prevalent in every court ranging from Munsif Court to High Courts. Despite knowing this, many judges, especially those who have become judges after practising for many years are not seems to take any steps to check the menace of #bribe even at their respective courts.

Courts are the temple of justice and they need to be pure from bribe/corruption. How can a court which breeds bribe/corruption will be able to provide justice to the common man?

Under the existing scenario, for even getting specially ordered case’s certified copy, the assistants at the HC registry expects bribe. Otherwise, they have to be reminded of their duty every half an hour in order to get the work done, which means there would be a delay. That means Advocates have to either face delay or have to bribe and there is hardly any other option left.

What is the way for cleaning the menace of corruption at Courts?

Registrars of the respective court should supervise the activities of the office assistants regularly and should address the complaints of advocates promptly. And advocates on their part should avoid paying the court assistant’s so-called tips/bribe for every activity they do. They should realise they are the court staffs and getting a regular salary from the government.

I personally feel Judges of the respective court should also advise their staffs not to accept a bribe from anybody and have to keep a vigilant eye on their staffs. After all, everyone should realize the fact that Delay in providing justice is an injustice.

#litigation #Registry #HC #bribe #bribing #courts #delay #justice #judgment #order #advocate #judges

Lack of patience defeats rule of law in India

Have Patience. Let the Rule of Law Prevail

There may be many parameters to measure whether a society is civilized or not. But among them, Rule of Law comes first. The society which follows the rule of law would only be considered as a civilized society. The society which does not have the rule of law would be treated as uncivilized, wherein the atmosphere of anarchy, uncertainty, and unrest will prevail. As we Indians are concerned, I am afraid that in spite of having rule of law on paper, due to lack of patience to follow the rule of law, we are paving the way to anarchy, where only selective few would be able to enjoy the fruits of freedom and majority would be facing the brunt.

 Role of Public Servants

Our Constitution says everything needs to be according to the Rule of Law. For example, even to arrest a person who have committed a crime, he or she need to arrested by following the procedure established by law, that is as per rule of law. If things are like this, I wonder why many public authorities/servants are busy in overstepping the rule of law by indulging themselves in illegal activities by taking bribes from the citizens.

 Role of Citizens

Citizens on their part are also not showing any restraint in giving bribe to public authorities in the name of getting things done quickly. Now things in some of the government departments in India have reached up to the level, wherein nothing happens without giving bribe. The reason being, the citizens have made it the habit by giving bribe for getting even the basic thing at various government departments. Sometimes, a citizen even voluntarily extends the bribe to the public servant and the public servants happily accept it as well.

 Reason-Lack of patience among citizens

The incidence of bribery and corruption is keep on rising day by day since people are not having patience enough to let the law do its duty. Most of the citizens even do not care about money. Even the poor who earns his/her livelihood by doing labour work is also not ready to follow the rules and is happy to pay a bribe instead to get his/her work done. If things keep on going like this, then only selective few who have the money and power would be able to live peacefully and the majority will have to pay the price for it.

Therefore, it is our duty to inculcate the habit of the following rule of law with patience and avoid giving bribe to the public authorities. We need to believe that things can be done in a civilized manner by following rule of law and need to strive hard to make it reality and tell the fellow citizens that things can be done as per law.

 Let the rule of law prevail in our country. Jai Hind!!!

 #Ruleoflaw #bribe #patience #citizen #publicservant #Law

Illegal act of Police Officer and use of Diplomacy as a tool to counter it

It is said that Police Officers are friend to the citizen. However, I get to see the reality turning out to be different, at least in some parts of Tamil Nadu. I am making this statement only after myself having provided legal advice to the citizens, whose fundamental rights are violated and also humiliated by the illegal activities of the police officers. Things are worse to the extent that even a citizen whose rights are violated by the extra-judicial activities of the police officer also not ready to file a complaint against the said police officer out of fear of vendetta.

Therefore, I had to make sure that the innocent rural citizen’s rights are protected and at the same time, the concerned police officer not indulges in a vendetta against the said person. Hence, I used Diplomacy as a tool to counter the police officer in order to protect the dignity of the aggrieved citizen.

Incidence 

A Sub-Inspector of Police located at one of the police stations in the state of Tamil Nadu acted in an undignified manner with an innocent rural citizen. At the midnight of around 2 AM, he visited the residence of the citizen along with a constable and awoke when he was sleeping.

Communication between the Police Officer and a citizen:-

Police Officer: Against your name, a warrant is pending for execution with our Police Station

Citizen: (In a state of shock and in a raised voice) in which case sir? As for my knowledge is concerned, against me there is only one case. for that also the warrant was recalled by the magistrate last month itself”.

Police Officer: - (got offended and abused the citizen) don’t raise your voice. I will beat you with my feet, do you know who I am?... By the way, what is your educational qualification?”

Citizen:  “Xth Standard Sir”.

Police Officer:  I am an educated officer. I have three letters qualification… look here (by pointing to his name batch) ‘BCA’. Don’t try to be over smart. I am a police officer. Speak Politely before me.

Citizen: Sir I am not disrespecting you. Kindly let me know in which case do you have a warrant against me?

Police Officer: (After a conversation of over the phone with somebody to know the case details regarding which the allegedly warrant is pending for execution) Ok do come to the Police Station tomorrow (in a rude manner).

In this case, the citizen wanted my assistance in handling this officer without offending him. Therefore, I drafted a letter having the following contents:-

Firstly, I am not able to understand what is the reason for disturbing me while I was sleeping in my house that too in the middle of the night, that too by stating the fact, which is not at all true. 

Secondly, the Indian Constitution provides an equal right to all and nobody above the law, whether he is Doctorate or Uneducated, IAS officer, or Daily Labourer… nothing matters before the eyes of the law. In such a case how come your educational degree (B.C.A) would be a reason to humiliate me? It is none of my business to know your educational qualifications. You should understand that I have every right to ask questions when my rights are violated. In my view, you are a public servant, therefore, I addressed you as “Sir”. As far as my raised volume is concerned, I was in the state of shock hearing the warrant, that’s why I had to state the fact to you. You should understand that it is human nature to respond to the shocking news with a sound response. However, it is you, who without any respect to my age threatened to beat me by using vulgar language that too before my neighbours. You are the one who insulted me.

I have never afraid of insults because I have been bearing this many times for the past 6 years while fighting against corruption. So, these kinds of insults are not new to me.

I want to make it clear to you that, I may be studied till 10^th Standard in school, however, I have more experience than you, which the life has taught me in these 43 years. Therefore, I would humbly request you not to measure a citizen only by his educational qualification. The only purpose of this letter is to make you realize the mistake committed by you. Nothing else.

As advised, the aggrieved person sent the letter to the same Sub-Inspector. This diplomatic letter turned out to be successful in changing the attitude of the said Police Officer towards the above-said citizen, who is an anti-corruption activist as well. And nowadays, he treats this citizen with due respect and in fact, in his presence, the officer treats everybody cordially.

Although the above said officer’s conduct is a serious violation of human rights, citizens are not ready to come forward to fight against the illegal act of Police Officers due to fear of vendetta. Therefore, I had to limit myself with the diplomatic approach, wherein without any further inconvenience, the citizen got peace of mind.

#TamilNadu #TNPolice #Police #HumanRights #Diplomacy