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HOW TO UPHOLD DIGNITY AND HONOUR OF JUDICIARY IN INDIA? Written by Srinivasarao It is seen that the judiciary in India can be hoodwinked by any miscreant for sure if he or she has an evil intention to do so without any fear for the law. To misguide, distract, divert, sabotage, subvert and thwart the process of justice, a State Bank of Hyderabad Official has filed sworn Affidavits without any fear for law in Tis Hazari Court, Delhi, Andhra Pradesh (Hyderabad) and Delhi High Courts stating therein that the loans given to him from the VRS benefits through cheques were not received despite the fact that the concerned banks have given documentary evidence and certified to the effect that the money was received by him. The fact of the matter is that the cheques were actually encashed by him which were sent by him for collection and credited to the S.B. account maintained by him at the Kavadiguda Branch of the State Bank of Hyderabad, Hyderabad but flatly denied of having received the amount(s). Besides, his Affidavits contained fabricated, concocted and woven stories full of lies which could not stand judicial scrutiny. As such, Tis Hazari Court, Delhi has issued a decree for recovery of loan along with interest and costs. However, after playing hide and seek game, the Bank Official in question by misleading and misguiding has obtained stays on the execution of decree (issued by Tis Hazari Court in Delhi to the Petitioner treating the Respondent’s affidavit as false) from both A.P. and Delhi High Courts in the same matter. It is a strange irony both ‘stays’ in the same case have remained in force at the same time making a mockery of judicial system in the country. Even a layman in legal affairs can state that this is a grave offence and impropriety of the highest order. It is difficult to comprehend as to how the Delhi High Court has ignored/unnoticed/overlooked the mischief played by the Respondent in the case and treated him leniently and with kid gloves. When the mischief of the Respondent was exposed before Delhi High Court, he made a volte-face and pleaded for a compromise. Instead of awarding deterrent punishment to the respondent for filing false affidavits and for wasting the precious time of the courts which were already choked and burdened with piled up cases, Delhi High Court has accepted his compromise and gagged the voice of the aggrieved and warned that if a compromise is not reached, the case would linger on for a minimum period of 7 years. (Ref:-Case R.F.A. No.19 of 2001). Added to the woes of the aggrieved (who is a resident of Delhi), he was asked to go all the way to Hyderabad to collect Rs. One Lakh (a part of the decreed amount deposited by the respondent in the City Civil Courts, Hyderabad). The decree holder had faced untold problems to collect this amount from the City Civil Courts, Hyderabad due to rampant corruption and only when his travails have been reported by a leading Telugu Daily “Vaartha”, the cheque could be finally issued to him after an abnormal delay. The SBH Official in question has tampered/lowered his date of birth by 9 years and mentioned incorrect age in the Affidavits submitted under oath. Subsequently, it came to light that he had crossed the upper age limit when he joined the SBH. When he was unsuccessful in his repeated attempts in A.P. Board Exam; he had produced a Pass Certificate from M.P. Board with an altered d.o.b. The Bank has stonewalled the investigation giving an impression that the fraud has been committed in league with the top brass of the Bank. Complaints made in this regard to Central Crime Station, Hyderabad (CC:33/2001) and in a cavalier manner the case was passed on to Prasada Rao, Sub-Inspector of Chikkadapally Police Station, Hyderabad who had filed a brief report stating that there was no need to probe the case as the employer (SBH) was not interested in lodging any complaint. It is strongly suspected that the S.I. was bribed by the Offender to hush-up the case. Repeated complaints to CBI, RBI; Police Commissioner, Hyderabad have been ignored. Rashtrapathi Bhawan has also acted just like a Head Post Office and forwarded the complaint to Fin. Ministry (Banking Div.) and no follow-up action was taken. Eventually, he was given VRS with full benefits ( After all, it is Tax Payers’ money). Orders in writing issued by the most upright and honest Officer of the country, Supercop Mrs Kiran Bedi, IPS for a thorough probe were simply swept under the carpet. It is a strange irony that in case of Zahira Sheik of the infamous Best Bakery carnage of Ahmedabad, the Apex Court has imposed a hefty penalty and jail sentence to her for perjury while in the present case— filed by the Petitioner-in-Person--SLP (CC-194/2007), the Supreme Court has dismissed the case on 25—01-2007 (Court No.6) on technical grounds of inordinate delay and also citing compromise arrived at as the reason ( although the compromise was under duress) involved in filing the case despite an impassionate appeal for condonation of delay. Delay has occurred as the aggrieved has lapsed into extreme depression that led to massive heart attack when Delhi High Court has insisted for an irrational compromise with the respondent on the terms proposed by the respondent. The aggrieved had underwent heart surgery. The Petitioner has been devastated/crest fallen by the decision of the Apex Court and his faith in the judiciary has been totally eroded/shattered especially when he did not claim for any additional compensation than that was already granted by the Delhi High Court and made it clear in his petition that he was bound by the terms of compromise outlined by the Delhi High Court.. It is relevant to mention here that Delhi High Court has not awarded the legal costs incurred in Tis Hazari Court, Delhi, A.P. High Court, Delhi High Court and the Decree Execution Court i.e. City Civil Courts, Hyderabad and not even the Court Fee. He has spent almost Rs.1,50,000/- over a trial period of 7 years to recover a loan of the same amount shuttling between Hyderabad and Delhi. It is very strange as to how the Supreme Court of India has also did not come heavily on a person who has taken two High Courts of the land for a ride to derail the due process of justice and failed to uphold the honour and dignity of judiciary.. The undersigned is a Senior Citizen and retired from a Govt. of India Undertaking (NSC) with no pension or even medical facility and could not afford to hire a competent lawyer and therefore filed the case in Apex Court as a Petitioner-in-Person. This may not be treated as personal vendetta or a vilification campaign. He has no property or any other dispute with the tormentor except to establish the rule of law as a crusader for justice and to carry the fight against corruption/white collar crimes and other malpractices. It is a dangerous trend if people don’t have any respect for the rule of law. Whether the Print and Electronic Media which have in recent times championed the cause of Jessical Lal, Priyadarshini Mattoo, Nitish Katara and Prof. Sabharwal of Ujjain will highlight this case also for restoration of justice? S.S. Rao, M.Sc.(Ag.) E-mail:- samsrirao@rediff.com No.631, Sector-8, Pocket-C/8 Rohini, Delhi -- 110085 Ph:91-11-9312267393(M) / 91-11-27948179