Sunday, October 18, 2009


I have read that justice delayed is justice denied, justice must not only be done but also seem to have been done. I extend a line and want to add something " A Judicial system which frustrates truth or make a man even think of lifting arms against injustice is worse than a senerio where there is no judicial system".

This means that if someone after having gone to Court of Law is so frustrated by the system or decisions or adjudication that he feels that he should not have come to Court and would have be in better position if would have picked up arms, then I think it is the failure of judiciary and collapse of the judicial system.

I have gone through that faze or rather at times go through this same faze. I had filed an application for modification in Consent Terms in the family Court at Bandra. In that matter I secured an order to have telephonic access to my daughter Nupur. The order was violated and I took out Contempt Application in which notice was also issued for contempt. Then the friend of my ex-father in law gave an undertaking to produce the child before the family Court. False medical Certificate was also filed. My ex-wife filed and Application for transfer of the said Application to Kolkata and hid all this facts. The Supreme Court stayed the proceedings in Mumbai and the opponent did not serve me the papers for months.

Then I took papers from the registry ( no penalty for delaying the process of justice and not serving the copy to me). I informed the Court about the order of access and the Supreme Court clarrified that the stay will have no effect on order of the Family Court. The opponent got the matter referred to Lok Adalat. That day in Lok adalat the opponent gave another medical certificate. Justice Agarwal and Justice Aftab Alam referred the matter to Delhi Mediation Centre and asked the child to be brought before the Delhi Mediation Centre. Before Delhi Mediation Centre in total 4-5 meetings were scheduled and in which the opponent brought Child once and I was shown child from far off. In the centre before the mediators the opponent Advocate openly violated my rights and used abusive language ( he was never taken to task for violation of my rights and defiance of Court Order). The idea for sending matter to Lok Adalat seems to have been to simply waste my time and my money ( Rs.1,00,000.00 spent) and never there was intention to settle the same. So I realised how easy it is to use the Supreme Court for an intended act of cheating.

The report of Delhi Mediation Centre was not properly made and I wonder how the Delhi Mediation Centre did not report the behaviour of the Advocate to Bar Council of India. Was there a feeling of fear or was it to protect a  person as he is from the same fratinity. My ex-wife got an oppotunity or rather a reward for violation of rights of my daughter and myself.

It was strange that since Lok Adalat had referred the matter to Delhi Mediation Centre the matter should have come back to Lok Adalat but instead went to Supreme Court directly. I wonder why the protocol was violated. The next hearing was not by two but three judges on bench. The opponent realised that Justice Katju was on bench and hence did not appear and the application for transfer was kept for dismissal.

To my mind common sense is that when 3 judge bench has heard a matter, even wrongly, then it cannot be before 2 judges bench. But next time it came before 2 judges bench. The bench did not give us hearing and just stated that without going into merits the matter stands transfered to Kolkata. I informed the Court that Contempt Applications (total 3) are still balance, notice are issued, modification can be done by the Court hearing it and also that the lady has hidden the details from the Court. I was at recieving end and without giving into details the matter was straight forward transferred to Kolkata. This made be frustrated. I realised that the Opponent had used all dirty tricks and had used the Supreme Court ( seems sentimental towards ladies) for their ill wills. I really felt as if I should pick up arms and kill my self in front of the Supreme Court and make a case like Rizwan ( Kolkata) or should kill the cheater Advocate and my inlaws, but alas my blood has no violence....

But, fact remains that my truth was frustrated and I had a thought of lifting arms. For me that was the point where the system had failed because I may not have picked up arms but somebody might have or will. So I think that when such things happen then it is failure of judicial system and if few people will pick up arms then I am sure we may have a naxalite movement or terrorist movements. Will the judiciary be responsible for the same or the litigants. I do not know but know only and only one thing ... that is...........

"A Judicial system which frustrates truth or make a man even think of lifting arms against injustice is worse than a senerio where there is no judicial system".

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