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Wednesday, July 6, 2011

A THOUGHT ON SUO MOTOS – A LEGAL SYSTEM IN INDIA!

When the policemen charge riders & drivers on the streets for something or the other & ask them ILLEGALLY – the policemen never LAWFULLY have the right to ask people to appear in front of court, as ONLY a court can issue such orders! - to appear in front of a particular court on a particular date, nobody, including the courts, feels encroached upon or thinks it as CONTEMPT OF COURT & take SUO MOTO action!

When the land of the poor & hapless has been grabbed, usurped & annexed forcefully all over India by the mighty & powerful and has been reported all over the media all these years in HIMALAYAN ALPHABETS & the losers are left with no means to fight for justice –they don’t even know they can fight, as most of them are left illiterate & poor due to the ALL ENCOMPASSING DEVELOPMENTAL SCHEMS & GROWTH PLANS IMPLEMENTED IN THE MODERN & INDEPENDENT INDIA!- no SUO MOTOS appear for them from anywhere!

Political meetings & speeches in Kerala are still conducted in the busy junctions across the width & breadth of the state despite the court orders against doing so and despite these things happening continuously all these months & years after the court orders no SUO MOTO has been initiated!

When large scale adulteration of basic food items have been reported day & night by the 24/7 media, all these years, no court seems to take it seriously & start a SUO MOTO case against those people who adulterate food unashamedly & treacherously; it is a shame that the adulterators have become multi billionaires in these years by SLOWLY POISONING UNSUSPECTING GENERATIONS!

When education system is rotten at the roots with politicians & the other powerful people garnering enough power to do whatever they like in the education system, destroying what is to be the right kind of developmental system for human beings, no court takes SUO MOTOS!

Nookkukoolie, the infamous practice of the rowdy workforce of Kerala to bully and forcefully take money for the work other people have done, has been in vogue for a large number of years with the tacit & spineless support of the various governments there and no judge came to it ACCIDENTLY & took SUO MOTOS!

A lot of other grave problems & evils like corruption, favouritism, black money, large scale destruction of the public wealth in the name of some stupid protests etc, money laundering, whole scale fraud in financial, industrial, private sectors etc, systematic and well planned & executed destruction of environment, division of people in the name of caste & religion and the appeasement of some among them etc, gradual & systematic destruction of the 7000-8000 years old Indian culture, misinformation campaigns on a lot of important factors like illnesses, the systems of life, democracy, legal systems, the style of living, quality, things of importance, India itself, religion & religious statuses etc have been systematically grown all these years in the very fertile soil of India! But, the SUO MOTOs of very urgent nature in all these gravely important aspects have always been extremely hard to come by!

Courts all over India have been taking SUO MOTO cases all over India, for some years now! No one has thought about or talked about the criteria by which the courts are taking up these SUO MOTO CASES?! One can not find any standard system existing by which a judge understands this case is fit for a SUO MOTO & that one is not?! Going by what is going on in the field of SUO MOTOS one can not but feel pity at the SUO MOTO SYSTEM working in our country!


Thinking More On Suo Motos - When, Who, Why etc!


According to the figures compiled by the Supreme Court of India, there are 42.17 lakh cases pending in the high courts as on September 30, 2010, comprising of 33.36 lakh civil cases and 8.8 lakh criminal cases!

In the subordinate courts, the figure was 2.79 crore cases
comprising 78.56 lakh civil cases & 2 crore criminal cases!

It is estimated that in some of the subordinate courts over 30-40% of arears relate to petty cases and out of the total pending cases, 9% of the cases were pending for 10 years & above!

24% cases were pending for 5-10 years in both, the HCs and subordinate courts!
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According to the Supreme Court as many as 305 judges serving in various courts of the country are facing departmental enquiries for misconduct during the period April 1, 2010 to March 31, 2011!

Utter Pradesh tops the list with 44, followed by Rajasthan 42, Maharashtra 31, J&K 23, Gujarat 22 and Andra Pradesh 15!

17 judicial officers have either been discharged or discontinued from service in this period for misconduct!

75 judges have been given premature retirement on account of various charges!

Major penalties were slapped against 38 judges while minor penalties were imposed on 35!

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