Are our Hon'ble Courts really temples of Justice ?
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The Dead (A2) man walks into the Court and he is pronounced ‘Not guilty’ and acquitted , putting a question mark on the conduct of judicial proceedings with dignity, objectivity, rationality and in accordance with law? Details follow .
1* The case pertains to the proceedings in CC56/2002 and also it’s split matter CC 0140374/2013 in the Hon’ble XIII Addl.C.M.M.Court, Nampalli Criminal Courts , Hyderabad . The case starts with a complaint lodged by a harassed woman with two little female kids against her husband (A1), Father-in-Law (A2) and Mother-in-law (A3). A2 & A3 are absconding from the date of complaint and till now. A1, A2 & A3 live in the same house. A1 attends the Court. Police report that A2 & A3 are absconding. A1 submits a false residential address on a stamppaper to Court on 15-12-2006 . Police say that the address is wrong. A1 assures to produce A3 and informs that A2 died. A1 further promises to submit Death certificate to Court. A1 doesn’t produce A3 and he doesn’t submit D.C. of A2 till now. Police continuously pray to direct A1 to submit his correct residential address with proof. Hon’ble Court ignores Police submissions, and on 25-09-2013, declares A2 dead and abates the case against him, while splitting the case against A3 and numbering it as 0140374/2013 dated 25-09-2013. And the Court records reveal that the Dead Accused (A2) and his absconding wife (A3) walked into the Court on 20-02-2017 , were not found guilty and were acquitted u/s.248(i) of Cr.P.C.
2* It has no parallel in the annals of Judicial history that , for 16 years and till now , the correct address of the A1 is not known . A1, A2 & A3 reside together. A1 attends the Court. A2 & A3 are reported absconding. Police unable to serve summons or execute warrants against A2 & A3..
A1 submits on 15-12-2006, fictitious address on a stamppaper. Police say on 11-04-2007 & 27-01-2008 that the address is false. A1 assures on 30-08-2007 to produce his mother i.e. A3. A1 also informs the Court on 23-10-2008 that A2 died but doesn’t inform the date of death. He doesn’t produce his mother A3 and neither does he submit the A2’s death certificate till date. Police continuously pray to direct A1 to furnish his correct address with proof. But, Hon’ble Court while ignoring police requests, presumes A2 dead, abates the case against him and directs Police to obtain and submit the Death certificate of A2. Police fail to submit the D.C. of A2.
3* Hon’ble Court does not have any respect for own orders or orders of superior Courts. Hon’ble Court suo-motu recalls NBW against absconding A2 & A3 to facilitate A3 to pursue Quash petition filed in APHC without fear of arrest.
Hon’ble Court’s order dated 08-08-2006 on A1’s recall petition is tampered to benefit A1 to abstain from the proceedings. The complaints on tampering to higher Courts are of no avail. Suo-motu recall of their own order is more surprising. A2 & A3 while in abscondence are granted anticipatory bail on 22-09-2001. They continue to abscond. Police pray more than once to issue NBW against A2 & A3. APP prays on 05-11-2007 to take cognizance and issue NBW against A2 & A3. Hon’ble Court issues NBWs, without taking cognizance. A3 files a quash petition in APHC on 30-06-2009. Hon’ble Court suo-motu recalls on 16-07-2009 the NBWs issued by the Court on APP’s Crl.M.P. dated 05-11-2007, to facilitate the absconding A3 to pursue her Quash Petition in APHC without the fear of arrest. Hon’ble Court also disobeys the order of the higher Court on a third party affidavit dated 18-08-2012 to give the requested C.A. copies to the Complainant.
4* Are the women misusing the IPC 498-A and beneficiary legislations ? Are not the women the victims of the justice delivery system ?
The Judicial proceedings disclose that harassed women should think twice before they approach the Hon’ble Courts. The proceeding also reveal why matrimonial cases filed by Women fail. The cases succeed only when the woman’s parents and other family members stand by her. How long can they stand by her, ignoring their other responsibilities and obligations? Is it not that woman are forced to compromise at great humiliation, the only alternative being to wait in corridors of Courts for years together with no end at sight. All the wings involved in Justice Delivery System, appear to be sick and a surgical cleanup is a sine-qua-non.
5* I am a man of 71 years and the father of the woman standing by her for the last 16 years at a huge cost to my family . I am also approaching the President of India , P.M. and Law Minister through these columns, so that no woman filing dowry harassment cases shall suffer at the hands of Hon’ble Courts.
My experience discloses that Complaints on the functioning of the Courts do not even carry the value of the paper on which they are made. It is only prayed that, if the conduct of proceedings submitted reflects Law, it is time to change the Law. If not , while compensating the woman for the harassment she is subject to , a time bound enquiry and action to weed out the cancer is a must for the health of the Hon’ble Courts , as they are the last refuge of common law abiding citizens .
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