Failure in execution of Bailable Warrants BWs, inefficient judges & clerks
1 year ago
My question is related to cheque bouncing cases.
1. During the past 12 months the Police have failed to execute Non Bailable Warrants NBWs & Bailable Warrants BWs against the accused kn cheque bouncing cases.
2. The accused has surprisingly appeared in court with his lawyer and bailed himself out in 2 NBWs against him. There are 12 BWs issued against the accused by the courts, which are pending for execution.
3. This gives us enough room to believe he is managing the system and the Police.
4. Multiple Bailable Warrants BWs have been issued against the accused. The Police have failed to execute the BWs. The report with all details saying the family is not co-operating, house doors are closed, office is closed, the accused is hiding & changing his hideouts itself in the city.
5. As a result 2-3 times each BW has been reissued. The judges don't consider the reissue of warrants and Police reports and convert the BWS into NBWs. The stand of the jury is the BW has to be successfully executed and only then a NBW warrant can be issued.
6. The female judges are on long leaves due to various reasons on multiple occasions. As a result in some cases it's been a frustrating experience, since we need to wait for 2-3 months or so to get the warrants reissued.
7. The government has been refining the old draconian 138 NI act so that the cheque bouncing cases are disposed of in 6 months. But the judiciary doesn't seem to be serious in early disposal of the cheque bouncing cases.
The clerical staff in courts is highly inefficient and has to be managed for early hearing dates.
My queries :
1. Inspite of reissue of Bailable Warrants BWs for 2-3 times due to failure in execution by the Police, why is the judiciary not issuing a NBW warrant??
2. To whom can I lodge a complaint on the inefficiency of the judges & clerical staff in courts.
3. I am very active in using the public grievance resolution portal and RTI. I am very keen on bringing the matter to our honorable PM & Ministry of Law & Justice.
I do need the email address of various agencies to lodge my complaint and make the inefficient judges accountable for delayed dates.
Are the citizens only accountable & responsible for their cases, why are the judges not made accountable??.
A.Dear Sir,
my answers are as follows
My queries :
1. Inspite of reissue of Bailable Warrants BWs for 2-3 times due to failure in execution by the Police, why is the judiciary not issuing a NBW warrant??
ANS: - yours question is very interesting and challenging to the entire judiciary system. Be informed that judiciary is not financially independent. Moreover, Cheque Bounce cases are private complaints registered as criminal cases , as such after amendment of NI Act, extra man power was not provided by the Central / State Govt., to execute such warrants. It is true that, without execution of Bailable Warrant, NBW can't be issued. Judiciary is to depend upon Police Department and they always say that due to lack of manpower they couldn't execute the warrants issued by the Courts. U may file PIL to get more manpower to add to the Police force to execute Bailable warrants etc., in cheque bounce cases exclusively.
2. To whom can I lodge a complaint on the inefficiency of the judges & clerical staff in courts.
ANS: - It is a democratic country, u can lodge complaint against clerical staffs and also judges and make them alert because most of them are lethargic due to insufficient and inefficient staff members. The mode of complaint is given at the end of these questions.
3. I am very active in using the public grievance resolution portal and RTI. I am very keen on bringing the matter to our honorable PM & Ministry of Law & Justice.
ANS: - Yes you are invited to do the same and save many litigants wandering from pillar to post.
I do need the email address of various agencies to lodge my complaint and make the inefficient judges accountable for delayed dates.
Are the citizens only accountable & responsible for their cases, why are the judges not made accountable??.
---------------------------------------------------
Procedure to lodge complaint against judges of trial courts, High Courts, and Supreme Court?
Possible bad or irresponsible conduct of judge
1. I felt that the judge was rude towards me because? (provide details of exactly what the judge said or did / the language used / actions or behaviour)
2. I felt that the judge was hostile towards me throughout the hearing. This was demonstrated by? (provide details of body language / actions or attitude / comments or behaviour)
3. It appeared as if the judge had fallen asleep during the hearing (provide details of supporting evidence such as eyes closed / snoring / did not respond to questions)
Note: Though not hostile, I have experienced judges’ casual or insensitive attitude in making irrelevant or insensitive statements/comments which doesn’t go by norms of what judge is supposed to do in line of judicial duty. And about point about sleeping, I have seen a judge making great effort not to nap while OP advocate was giving verbal arguments.
Another type of example of irresponsible or non-judicial conduct of judge: It was reported by a husband that judge in a DV Act maintenance case threatened in open court to husband to take back wife or the high interim maintenance order will be given by judge!
The information on above page is quite reasonable, so one can adopt a similar broad format to send complaint and mention as much detail as possible. Here we might add that though India has inherited many laws and procedural laws from British, you won’t be able to find such clear and detailed information on any official website (later we cover India’s DoJ procedure too) within India. Simple reason is the mai-baap mind-set in India: we don’t want to complain against mai-baap, because they are the ones who decide our judgment, fate, salary, promotion, reward, punishment, whatever.
Also, from a veteran of many court proceedings, along with complaint sworn affidavit is mandatory.
Where and to whom to send the complaint
Our veteran of many courts has been sending complaints as per jurisdiction below:
1. Subordinate judiciary: Send to Registrar (vigilance), District administrative judge (available from ecourts for my state)
2. HC judges: CJ of HC
3. SC judges: CJI of SC
4. CJ HC: sent to CJI himself(!)
Now for official information: The citizen’s charter PDF file available on below Department of Justice webpage gives several contact information for grievances. One could contact them over phone/email to find out directly how and where to file complain for a particular jurisdiction/court.
Following from their citizen’s charter document:
VISION:
Facilitating administration of Justice that ensures easy access and timely delivery of Justice to all.
MISSION:
Ensuring adequacy of courts and judges, including servicing of appointment of Judges to the higher judiciary, modernization of courts and procedures, policies for judicial reforms and Legal aid to the poor for improved justice delivery.
From the DoJ Guidelines (PDF file), the relevant information about grievances against judiciary has been extracted and given below:
1. Department of Justice (DOJ) receives large number of grievances from citizens through online CPGRAMS portal and on e.mail of the officers. DoJ also receives grievances through Presidents Secretariat/Vice Presidents Secretariat/PMO/Department of Administrative Reforms & Public Grievances/other Ministries/Departments & also directly. While majority of the grievances are related to judiciary, grievances relating to other Ministries/Departments in the Central Government and pertaining to State Governments/Union Territories are also sent to us. The grievances related to judiciary are handled in the Department of Justice and the grievances pertaining to other Departments/Ministries/State Governments/UTs are forwarded to the offices concerned. The following guidelines relating to disposal of grievances in the Department of Justice are communicated for information/guidance/benefit of grievance holders:
2. Grievances related to judiciary are forwarded to the Secretary General Supreme Court of India/Registrar General of the concerned High Court for further action, as appropriate.
3. Any Grievance related to verdicts of the Courts are not handled as a grievance. Such grievance holders are advised to seek appropriate legal remedy in the appropriate Court of Law as per rules. Grievances related to the verdicts of the Courts will be filed in the Department of Justice. Grievances relating to procedure of the Court or matters purely judicial in nature, can be resolved through Court of Law only. Such grievances will be filed in Department of Justice.
4. Grievances relating to Judges of Supreme Court are forwarded to the Chief Justice of India and grievances related to Judges of the High Courts are forwarded to Chief Justice of the concerned High Courts for appropriate action. (As the Judiciary is independent, Government does not ask for action taken report nor sends reminders to them. Grievance holders are advised to seek information from the concerned Courts directly in this regard).
5. Disposal of pending case (s) in court (s) is within the domain of Judiciary, which is an independent organ of the State under the Constitution of India. Government of India does not interfere in the functioning of the Judiciary / proceedings in courts as pendency of a Court Case is subjudice matter which is under consideration of the court.
6. In case of any grievance relating to undue delay in judgement or unfair judgement or miscarriage of justice, the petitioner is advised to resort to judicial remedy by filing appeal or any other proceedings before the appropriate Court of Law within the prescribed time limit.
7. As per the guidelines issued by the Supreme Court of India related to grievances/complaints against members of the Subordinate Judiciary, it is clarified that such grievances are to be accompanied with a duly sworn affidavit and verifiable material to substantiate the allegations made therein. Such grievances, alongwith sworn affidavit, need to be sent directly to the Registrar General of the concerned High Court.
The grievance holders are advised to send the grievances pertaining to the Supreme Court/High Courts directly to them on the below mentioned mails in order to expedite disposal of their grievances:
S.No. Name of the High Court e.mail ID
1. Supreme Court of India [email protected]
2. High Court of Allahabad [email protected]
3. High Court of Tripura [email protected]
4. High Court of Gauhati [email protected]
5. High Court of Kerala [email protected]
6. High Court of [email protected]
Jharkhand [email protected]
7. High Court of [email protected]
Uttrakhand
8. High Court of [email protected]
Meghalaya
9. High Court of Delhi [email protected]
10. Bombay High Court [email protected]
16. Gujarat High Court [email protected]
17. Rajasthan High Court [email protected]
[email protected]
18. Jammu & Kashmir [email protected]
High Court
19. Karnataka High Court [email protected]
20. Patna High Court [email protected]
21. Madhya Pradesh High [email protected]
Court [email protected]
22. Madras High Court [email protected]
23. Manipur High Court [email protected]
24. Orissa High Court [email protected]
25. Calcutta High Court [email protected]
26. NALSA [email protected]
11. Sikkim High Court [email protected]
12. Punjab & Haryana High [email protected]
Court
13. HP High Court [email protected]
14. High Court of [email protected]
Chhattisgarh
15. Andhra Pradesh High [email protected]
Court
8. Grievances forwarded by Department of Justice are considered and examined by the Judiciary as per their own in house mechanism and the system/procedure to deal with grievances which is normally not shared. In such cases, Department of Justice is not in a position to inform the outcome to grievance holders.
9. Grievance holders are advised/requested to lodge their grievances on the Public Grievance Portal [email protected] ” only. Since the Government has launched designated portal to receive grievances online, grievances received in the Department of Justice on the email I.Ds of officers will not be entertained.
So complaints can be sent either directly to HC if applicable, or to [email protected]. Don’t send complaints to individual officers’ email ids.
my answers are as follows
My queries :
1. Inspite of reissue of Bailable Warrants BWs for 2-3 times due to failure in execution by the Police, why is the judiciary not issuing a NBW warrant??
ANS: - yours question is very interesting and challenging to the entire judiciary system. Be informed that judiciary is not financially independent. Moreover, Cheque Bounce cases are private complaints registered as criminal cases , as such after amendment of NI Act, extra man power was not provided by the Central / State Govt., to execute such warrants. It is true that, without execution of Bailable Warrant, NBW can't be issued. Judiciary is to depend upon Police Department and they always say that due to lack of manpower they couldn't execute the warrants issued by the Courts. U may file PIL to get more manpower to add to the Police force to execute Bailable warrants etc., in cheque bounce cases exclusively.
2. To whom can I lodge a complaint on the inefficiency of the judges & clerical staff in courts.
ANS: - It is a democratic country, u can lodge complaint against clerical staffs and also judges and make them alert because most of them are lethargic due to insufficient and inefficient staff members. The mode of complaint is given at the end of these questions.
3. I am very active in using the public grievance resolution portal and RTI. I am very keen on bringing the matter to our honorable PM & Ministry of Law & Justice.
ANS: - Yes you are invited to do the same and save many litigants wandering from pillar to post.
I do need the email address of various agencies to lodge my complaint and make the inefficient judges accountable for delayed dates.
Are the citizens only accountable & responsible for their cases, why are the judges not made accountable??.
---------------------------------------------------
Procedure to lodge complaint against judges of trial courts, High Courts, and Supreme Court?
Possible bad or irresponsible conduct of judge
1. I felt that the judge was rude towards me because? (provide details of exactly what the judge said or did / the language used / actions or behaviour)
2. I felt that the judge was hostile towards me throughout the hearing. This was demonstrated by? (provide details of body language / actions or attitude / comments or behaviour)
3. It appeared as if the judge had fallen asleep during the hearing (provide details of supporting evidence such as eyes closed / snoring / did not respond to questions)
Note: Though not hostile, I have experienced judges’ casual or insensitive attitude in making irrelevant or insensitive statements/comments which doesn’t go by norms of what judge is supposed to do in line of judicial duty. And about point about sleeping, I have seen a judge making great effort not to nap while OP advocate was giving verbal arguments.
Another type of example of irresponsible or non-judicial conduct of judge: It was reported by a husband that judge in a DV Act maintenance case threatened in open court to husband to take back wife or the high interim maintenance order will be given by judge!
The information on above page is quite reasonable, so one can adopt a similar broad format to send complaint and mention as much detail as possible. Here we might add that though India has inherited many laws and procedural laws from British, you won’t be able to find such clear and detailed information on any official website (later we cover India’s DoJ procedure too) within India. Simple reason is the mai-baap mind-set in India: we don’t want to complain against mai-baap, because they are the ones who decide our judgment, fate, salary, promotion, reward, punishment, whatever.
Also, from a veteran of many court proceedings, along with complaint sworn affidavit is mandatory.
Where and to whom to send the complaint
Our veteran of many courts has been sending complaints as per jurisdiction below:
1. Subordinate judiciary: Send to Registrar (vigilance), District administrative judge (available from ecourts for my state)
2. HC judges: CJ of HC
3. SC judges: CJI of SC
4. CJ HC: sent to CJI himself(!)
Now for official information: The citizen’s charter PDF file available on below Department of Justice webpage gives several contact information for grievances. One could contact them over phone/email to find out directly how and where to file complain for a particular jurisdiction/court.
Following from their citizen’s charter document:
VISION:
Facilitating administration of Justice that ensures easy access and timely delivery of Justice to all.
MISSION:
Ensuring adequacy of courts and judges, including servicing of appointment of Judges to the higher judiciary, modernization of courts and procedures, policies for judicial reforms and Legal aid to the poor for improved justice delivery.
From the DoJ Guidelines (PDF file), the relevant information about grievances against judiciary has been extracted and given below:
1. Department of Justice (DOJ) receives large number of grievances from citizens through online CPGRAMS portal and on e.mail of the officers. DoJ also receives grievances through Presidents Secretariat/Vice Presidents Secretariat/PMO/Department of Administrative Reforms & Public Grievances/other Ministries/Departments & also directly. While majority of the grievances are related to judiciary, grievances relating to other Ministries/Departments in the Central Government and pertaining to State Governments/Union Territories are also sent to us. The grievances related to judiciary are handled in the Department of Justice and the grievances pertaining to other Departments/Ministries/State Governments/UTs are forwarded to the offices concerned. The following guidelines relating to disposal of grievances in the Department of Justice are communicated for information/guidance/benefit of grievance holders:
2. Grievances related to judiciary are forwarded to the Secretary General Supreme Court of India/Registrar General of the concerned High Court for further action, as appropriate.
3. Any Grievance related to verdicts of the Courts are not handled as a grievance. Such grievance holders are advised to seek appropriate legal remedy in the appropriate Court of Law as per rules. Grievances related to the verdicts of the Courts will be filed in the Department of Justice. Grievances relating to procedure of the Court or matters purely judicial in nature, can be resolved through Court of Law only. Such grievances will be filed in Department of Justice.
4. Grievances relating to Judges of Supreme Court are forwarded to the Chief Justice of India and grievances related to Judges of the High Courts are forwarded to Chief Justice of the concerned High Courts for appropriate action. (As the Judiciary is independent, Government does not ask for action taken report nor sends reminders to them. Grievance holders are advised to seek information from the concerned Courts directly in this regard).
5. Disposal of pending case (s) in court (s) is within the domain of Judiciary, which is an independent organ of the State under the Constitution of India. Government of India does not interfere in the functioning of the Judiciary / proceedings in courts as pendency of a Court Case is subjudice matter which is under consideration of the court.
6. In case of any grievance relating to undue delay in judgement or unfair judgement or miscarriage of justice, the petitioner is advised to resort to judicial remedy by filing appeal or any other proceedings before the appropriate Court of Law within the prescribed time limit.
7. As per the guidelines issued by the Supreme Court of India related to grievances/complaints against members of the Subordinate Judiciary, it is clarified that such grievances are to be accompanied with a duly sworn affidavit and verifiable material to substantiate the allegations made therein. Such grievances, alongwith sworn affidavit, need to be sent directly to the Registrar General of the concerned High Court.
The grievance holders are advised to send the grievances pertaining to the Supreme Court/High Courts directly to them on the below mentioned mails in order to expedite disposal of their grievances:
S.No. Name of the High Court e.mail ID
1. Supreme Court of India [email protected]
2. High Court of Allahabad [email protected]
3. High Court of Tripura [email protected]
4. High Court of Gauhati [email protected]
5. High Court of Kerala [email protected]
6. High Court of [email protected]
Jharkhand [email protected]
7. High Court of [email protected]
Uttrakhand
8. High Court of [email protected]
Meghalaya
9. High Court of Delhi [email protected]
10. Bombay High Court [email protected]
16. Gujarat High Court [email protected]
17. Rajasthan High Court [email protected]
[email protected]
18. Jammu & Kashmir [email protected]
High Court
19. Karnataka High Court [email protected]
20. Patna High Court [email protected]
21. Madhya Pradesh High [email protected]
Court [email protected]
22. Madras High Court [email protected]
23. Manipur High Court [email protected]
24. Orissa High Court [email protected]
25. Calcutta High Court [email protected]
26. NALSA [email protected]
11. Sikkim High Court [email protected]
12. Punjab & Haryana High [email protected]
Court
13. HP High Court [email protected]
14. High Court of [email protected]
Chhattisgarh
15. Andhra Pradesh High [email protected]
Court
8. Grievances forwarded by Department of Justice are considered and examined by the Judiciary as per their own in house mechanism and the system/procedure to deal with grievances which is normally not shared. In such cases, Department of Justice is not in a position to inform the outcome to grievance holders.
9. Grievance holders are advised/requested to lodge their grievances on the Public Grievance Portal [email protected] ” only. Since the Government has launched designated portal to receive grievances online, grievances received in the Department of Justice on the email I.Ds of officers will not be entertained.
So complaints can be sent either directly to HC if applicable, or to [email protected]. Don’t send complaints to individual officers’ email ids.
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A.Hi client,
If you are not satisfied with any particular order or judgement, you can challenge the same to the higher authority.
Thanks and Regards
Simi Paul
If you are not satisfied with any particular order or judgement, you can challenge the same to the higher authority.
Thanks and Regards
Simi Paul
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