THE CERTIFIED COPY

When one puts up an application to an officer, the concerned person replies back to the applicant. But in the court matters the case is different. When a petition is submitted in the court, the judgment is announced. The judgment is not sent to the petitioner directly.

First of all, after the hearing is over, the clerk is to be kept in good humor to know whether the judgment has been announced. The clerk does not give a copy of the judgment directly to the petitioner. As per the present practice the petitioner has to apply for a certified copy of the judgment.

It is a well known fact that the practice which is being followed in our law courts, are the practice which was being followed during the British era. During this time though a huge volume of water has flown through the rivers, we still follow the same old practice. Which practice is followed in Britain is not our concern. The fact that matters is the practice we are supposed to follow and what is being followed.

The British were the rulers. They were ruling over us. They maintained a distance because we were looked down in their eyes. Unfortunately enough, the Indian Judges also act like that of the judges of the British period, even though they are Indian citizens and deciding the cases of the Indian Citizens.

I do not find any harm if the judgment is given directly to the petitioner. There is absolutely no need of a via media like certified copy. Some people argue that there may be manipulation in the judgment. This apprehension was there in the days when Photo Copy machines were not invented. During those days copyists were employed to write the judgment by hand and there was every possibility for a mistake, addition or omission of a word or a sentence by mistake or by chance or with a malaise intention. Strangely enough, people those who matter suspect the performance of a lifeless machine for which all are alike and it does not have a near and dear to support or to oppose. Sadly enough, Indian Judiciary has reserved its place in Guinness Book of World Records for taking century long time to decide a case. Certified Copy of a judgment has a role to play for the delay.

We observe that when a case is filed a court fee or stamp duty is paid. This means that the petitioner has paid money for decision over an issue or a dispute and conveying him the judgment. It is sheer injustice to take money for a purpose and betraying the petitioner. There is absolutely no room for a certified copy.

To sum up, I am of the opinion that the copy of the judgment may be given to the parties on the date of pronouncement of the judgment.

I hope the matter will draw due attention.

                                                                          

DEVELOPMENT

Development, Correction and Improvement are continuous processes.

A flower garland was made of white flowers with red flowers at regular intervals. Later it was decided that the garland should have only white flowers. If we want a garland only with white flowers the red flowers must be replaced by white flowers only. Similarly in our administrative system all red marked defective rules and procedures must be replaced by correct, befitting, time related rules.

In our administrative procedures few old and obsolete rules have remained. They remain un-noticed and are not rectified for which the entire system takes too long a time. Once the job of a person is over he does not take required initiative for correction of the system. This is similar to the case of a lady suffering from labor pain forgets the pain soon after she delivers the baby. He consoles himself saying he has many other things to do in life other than trying to correct the system which appears as big as Everest before him. The chance for success may be tending to zero and failure is almost assured.

The people concerned for taking corrective measures do not take initiative for correction because they derive benefit from the turbid water like situation. Even though such points are non-political, secular, not confined to a particular section of people, they remain un-noticed and unsolved. They need to be brought out of their under ground hide outs and exposed.

Two examples are given below:-

A man applied for recording a plot in his name. The Tahsildar ordered for giving a notice to invite attention of the public to file objection petition if any body wants to do so. The office staff reported back to the office stating that the notice was hung on the mango tree in the middle of the village after beating drums in presence of the witnesses.

Now the question is, who will bother to look at a notice issued by the Tehsildar, hung on the mango tree?
The other question is for what length of time the notice will stay on the tree?
What is the use of such an action which will yield no result?

In one side we say that we do not have enough staff to carry out the regular jobs, where as we waste our man power and time which yields no result. This practice is being followed from the British period which must be stopped forth with.

If a petition is filed in the court of a Magistrate, the verdict or the order is not given to the petitioner directly. The party has to apply for a certified copy of the order. During the British era the system was different because they were ruling over us. They wanted to maintain a span between the rulers and the ruled. Now we are an independent country and such a practice is just not wanted.  

LAW LESSNESS IN THE COUNTRY.

A man was digging foundation for his house. A big steel locker was found underneath. The rusted locker was gas cut and opened. A sari wrapped with news paper was found with the purchased receipt which indicated that it was purchased around two hundred years back. Attempts were made to open up the sari. Unfortunately where ever it was touched, it started tearing out in all random directions.

Our rules and regulations were made centuries before. They are totally out dated and do not cater the demands of the day. Unfortunately the law knowing people do not wish to make proper changes in the law. This is bread and butter for them. They derive benefit from the turbid water and common people are forced to suffer. Many legal experts having command on law are members of state Assemblies and Parliament where the laws are made. The laws are twisted in such a way that the rules are never amended as per the need of the day. Honorable judges of the present days were learned advocates in the past and after retirement have joined legal profession like intercity express trains. Among those few who had the fortune to go to the Parliament or Assembly were found to be part and parcel to stop the session on some plea or pretext. The issues are left over un discussed and without any correction. The law abiding people are left to their fortune to suffer.

One among such issues is the rental problems of the country. The law for the relation between the land lord and the tenant could not be set right or defined properly even to day. It is some thing like “Might is Right” in the jungle raj. Every state has different laws for land lord and tenant relation where as in every state the problem between the land lord and the tenant is same irrespective of cast, religion and politics which leads to loss of life in some cases.

Unfortunately Honorable Supreme Court pleads helpless that the orders are not executed by the Government. When corrective measures are suggested by the common man, there is no room to be placed in the Parliament or Assemblies for discussion. Needless to expect any change or correction in the existing rules. Issues get suppressed and time simply runs out.

Every form of Government has met its end. Now Democracy is heading very fast to meet its end in India. In fact it is no more alive. Simply it is to be declared dead.

A COSTLY PIECE OF LESSON

The incident described in this write-up relates to the construction of The Great Sun Temple of Konark. The 

site for construction of the temple was finally selected. It was at the confluence of the river Chandrabhaga and the Eastern Sea, later named as the Bay of Bengal. The king ordered the most capable Chief Minister -

Sibei Santra to supervise the construction himself. He was free to spend as much money as required from the

king’s treasury for the specific purpose. About 1200 reputed artisans were employed for the purpose. The 

foundation of the construction was to come up from the deep sea. After a few days the king enquired about 

the progress of the project. The Minister could not give a satisfactory answer. The king expressed 

displeasure over the delay and said, “A considerable time has elapsed but a simple ditch could not be filled”, 

and warned, “If the ditch is not filled within a specified time you will have to face the consequences.”

The minister felt helpless. He had applied the best of his knowledge and experience but to no avail. He was not able to imagine where the huge volume of stone boulder had gone? The helpless minister acknowledged defeat. To avoid punishment he thought of absconding himself from the kingdom. All through the day he was running to cross the border. He was tired and hungry. The fear of being noticed by the subjects was making him more scared. After the sun-set, an untimely cloud of rain and storm broke in. The tired minister had no alternative other than seeking help from some residents of the near-by village. He knocked at the door of the nearest house. An old lady opened the door. The minister very politely requested the lady if she may permit him to take shelter on the out side verandah. The lady guessed the stranger to be a man from a high-profile family. She asked him to come inside the room. The minister expressed profound gratitude and entered the room. The lady said “My child, you appear to be hungry.  I have nothing much to offer you. Would you like to take a little Jau, (a sort of sweet pudding dish made out of a cereal)? She went in and brought some hot Jau in a plate. The minister, being hungry and nervous, put his fingers in the middle of the dish and got burnt. The lady said “What have you done? You are also behaving like Sibei Santra, the minister of the king. You start eating the hot dish from the sides first, giving enough time for the interior to cool down. Sibei Santra is doing the same mistake as you did”. The minister got startled when he heard his name. He said “My dear aunty, do you know Sibei Santra?” The old lady said, “No. I simply know that the king has entrusted him the job for laying the foundation for construction of the Sun temple. He was just dumping stones in the deep sea which were carried away by the under water current of the sea”. The minister asked her, “Is it? What should he have done?” The lady replied “It’s simple. He should have set the stones from one edge only, and carried on the filling gradually into the water body.” The minister got up and very respectfully touched the feet of the old lady. He expressed his profound gratitude for such a piece of costly lesson. The Minister went back to the king and apologized. He narrated the full story and requested him to grant one more chance to complete the construction.

The minister was much more capable and more powerful than any of our present-day Members of Parliament (M.P) or Legislative Assembly (M.L.A). He had absolutely no hesitation to listen carefully to an old village lady unlike the present day politicians who do not feel like replying to the letter of a citizen, who, together with similar citizens,  have elected  him to the of status of the day. The elected representatives fail to understand that after their term of membership is over, they will go back to the same status where from they came. They should further go through the story narrated below:

A man was going on a desolate track. The sun had just set. The moon rose on the sky, but was not very bright. He was passing through a grave yard. It so appeared to him that a head popped out of the grave, gave a smile and said “I was what you are to day”. The head entered back to the grave.

The man continued walking and after a few more steps, saw another head popping out of another grave. The head gave a smile and said, “You will be one day what I am to day.”

This story has a lot more empowering sense for the Government Officers, elected public representatives and many others.

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