Вы находитесь на странице: 1из 5

Page 1 of 5 Date: 18th Dec 2011 To, Honble Chief Justice of India, Supreme Court of India, New Delhi.

Sub: Complaint against court Judge


Dear Honble Chief Justice, With reference to your law day suggestion (26th Nov 2011) reported in all eminent newspapers & websites regarding corruption in Judiciary - "If you know of a corrupt judge, take a position against him and write to the Chief Justice. But, do not paint every one in the same brush. This brings the judiciary as an institution to disrepute. The institution matters, for the people have faith in it. If canards are spread and when an Institution no longer matters, we no longer matter". In pursuance of this, with great pain we would like to bring to your attention the following sad state of affairs.

Name of Judge: Case Number: Name of disputant :

Ms Hange (Dindohi City Civil) 1973/2010 Mr. K.N.K Thampan Panicker & Mrs. Vijaya Thampan Panicker

Address of court: .

Dindoshi, Mumbai - Gen A.K. Vaidya Marg, Goregaon (E), Mumbai 400063.

We had approached the Dy. Registrar of Co-operative housing societies (P Ward) bringing to his attention the malpractices unleashed by our newly (ill) formed co-operative housing society. Immediately after formation, the managing committee compulsorily, collected Rs. 15,000 from members as advance which we paid unsuspectingly. Next month the managing committee increased the monthly burden by more than double Rs. 2000 Rs. 4650 and also proposed an additional burden for

Page 2 of 5 Rs. 50,000/- (Fifty thousand) for painting and repairs. They also collected the (Thirty six thousand plus) Rs. 36000/+ we had paid to the builder, way back in Jan 2002, for society formation, share capital, entrance fee etc. No accounts were provided despite requesting. The opponent society manipulated resolutions and circulated false minutes etc. Naturally concerned at the sudden need for such huge funds, the malpractices & mismanagement, we approached the Dy. Registrar P/Ward, who (after 4 months of repeated follow up b us & with no action taken) directed us to file a dispute in co-operative court. Thus we filed a suit 157/2009 in Co-operative court IV, Mumbai.

The opponents, whilst serious offences of malpractices, criminal breach of trust, misuse of funds were pending; 1. submitted, duly signed by the secretary as true copy forged membership list form (where our names were erased with whitener) to show that we were not members. 2. Conducted & manipulated farcical elections and established themselves as Elected Managing Committee by preventing from voting out all those who opposed them. 3. After re-electing themselves, threatened that unless we withdraw case they would not give us our share certificate and inflict injury and harassment. Fearing the threat, others in the suit withdrew giving affidavit under coercion and undue influence. 4. continued and increased the maintenance and also were planning to put the recreation garden to commercial use.

All this was pointed to the court on time, for more than a year the court dragged its feet & allowed the opponent society to inflict injury upon injury on old citizens so that we give up and allow the malpractices & plundering to continue. Even an interim injunction we got was cleverly worded, which the police refused to act citing the wording in the order. Such is the subtle abuse of power by this Judge. Naturally the opponents could only commit grievous offences after MANAGING the court. After more than a year, the Judge dismissed our case because we did not have the share certificate which the society had purposely withheld as per its threat - despite we being promoters of the society and having paid share capital and other charges and the society having collected advance and maintenance from us a members. There is a plethora of evidence but cannot list it for brevity. Also, the court being aware of the allegations and prayers, did nothing to restrain the managing committee from its activities was passed by the co-operative court and the opponent society ruthlessly

Page 3 of 5 kept committing crime after crime whilst the co-operative case was pending. Many times asking what is the urgency - there is no urgency. One year of NO URGENCY! Seeking relief, advocates advised us to file criminal cases 489/SW/2009, 11/SW/2010 & 2032/SS/2010 in 24th Borivali Metropolitan court of Additional Magistrate & short cause suit 1973/2010 in Dindoshi City Civil court which are still pending and perhaps awaiting the same fate as the co-operative court. Today the list of their crimes is so huge, unmanageable and growing that even the criminal cases and short cause suit dont cover the whole list and we are at loss to correctly identify a suitable remedy. Other things we faced in this Co-operative court IV: 1. Initially after registering the case the file went missing (this has even happened in the Borivali Addl Magistrates Metropolitan Court). Only after my father, 74 years old, personally spent the whole day searching in the court was it recovered. It takes nearly two hours to reach the court from our residence. So it is easy to imagine how hard it must have been for the whole year.

2. Court staff would make us do several rounds in order to get any formalities like filing etc or obtain any copies from the court. The court staff will just sit on things and make us do several rounds for getting things done until they are bribed. In contrast agents (some of these are court staff working for advocates in their personal capacity) are able to get things done easily. Even we were advised by the court staff to get things done through agents so that both the agent and the staff can seamlessly extract a commission. We have realized that the entire system (the Co-operative court Judge, the court staff, opponents lawyer & our lawyer were on one side fighting the case for the opponent society against us (the disputants). Having spent so much time in different courts in past three years, it is difficult to ignore that corruption is more the rule than the exception at least in lower courts. We have noticed that hapless citizens are traumatized by courts. Corruption is so rampant at all levels that the common man is injured more by & in the courts than by the reason of complaint itself. The subtle abuse of legal procedures and power makes it difficult to bring any remedy to this disease. Also the most major cause of pendency in courts is the very conduct of court and lawyers who needlessly drag-on matters. It is easy to see that if the Rule of Law is to be absent in the courts itself, how can they enforce it. The same modus operandi

Page 4 of 5 exists in all courts we had the misfortune of approaching, it appears that integrity is very close to complete absence at least in the lower courts.

We pray that the highest court in this country will take notice of this and conduct fair investigation and afford necessary relief and remedy whilst taking action against the culprits & In public/general interest initiate remedial measures to correct the general (mal)practices. If any help or information is required, I would be humbled to help.

Yours Truly,

Abhilash Panickar. 105 , Dheeraj Valley Tower CHS, Mohan Gokhale Road, Goregaon (E), Mumbai - 400063. Email: mrpanickar@gmail.com Mobile: +91 9820720759

A Judge sitting in the cause for Justice sits on behalf of the divine!
P.S. Other courts/tribunals where we similar modus operandi exists. 1. The Additional Magistrate 24th Metropolitan court Swami Vivekanand Road, Borivali (West), Opp. Borivali Station (West) Mumbai 2. The Dindoshi city civil & sessions court

Page 5 of 5 Dindoshi, Near Dindoshi Bus Depot Malad (east) Mumbai 400097. 3. The Dy. Registrar of Coop. Housing societies (P ward) ( Mr. Prasad Oak ) 2nd Floor, C Wing, Municipal Godown Bldg., Near St. Lawrence School, 900 D.P. Road, Sanskriti Complex, Kandivali (E), Mumbai 4000101

Вам также может понравиться