# they are otherwise represented

- **Citation:** C.L.No. 37/VIIIa-88/Admn
- **Court:** Allahabad High Court
- **Decided:** 1994-04-12
- **Case number:** C.L.No. 37/VIIIa-88/Admn
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/they-are-otherwise-represented-163973
- **Pages:** 17

## Text

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497
(ii)
Such Consular Officer shall have the right to appear personally or by delegate, in
all proceedings on behalf of the absent heirs or creditors of the deceased until
they are otherwise represented.

SCHEDULE
Afghanistan
Argentine
Czechoslovakia
Denmark
Iran
Iraq
Poland
United State of America
29.
PRESERVATION OF EXHIBITS
(i)
Compliance of the Provision of Section 294 (1) of the Code of Criminal
Procedure.
C.L.No. 37/VIIIa-88/Admn. (G) dated, April 12, 1994
I am directed to say that while deciding Government Criminal appeal No. 1548 of
1978- State v. Smt. Barfi and others connected with Criminal Revision No. 643 of 1978-
Shyam Sunder Sharma v. State of U.P. and others, a Division Bench of the Court has
directed as follows:-
1.
A strict observance of the requirement of Section 294(1) of Code of
Criminal Procedure be made before entering into recording of oral
evidence.
2.
While delivering a judgment either of conviction or acquittal, the trial
courts instead of ordering material exhibits to be destroyed after the expiry
of period of appeal, should direct it to be preserved till the disposal of
appeal.
3.
The District and Sessions Judges shall be kept informed by the High Court
on an appeal being filed or admitted to the trial court to preserve such of
material exhibit as may be deemed necessary.
I am further to say that the aforesaid observation of the Hon'ble Court be also
read in connection with preservation of exhibits and retention of case diaries till disposal
of appeals.
I am, therefore, to request you kindly to impress upon all the Sessions/Assistant
Sessions Judge working under you supervision to note the contents of this letter for
necessary action and future guidance in that regard.
30.
PROPER USE OF APPELLATION BY JUDICIAL OFFICERS
(i)
while exercising civil and criminal powers
C.L. No. 43/IVg-27/Admn. (A) dated 8 November, 1995
I am directed to refer to Court's Notification No.C-394/JR(S)/95, dated 21-5-
1995 and Court's circular letter No. 50/IVg-27, dated 21-5-1994, on the above subject,
498
and to say that it has been brought to the notice of the Court that the erroneous practice of
using appellation of Additional Chief Judicial Magistrate functioning as Civil Judge or
vice-versa is being followed by certain officers which is very ante-thesis to the directions
contained in the aforesaid circular letter issued by this Court.
I am, therefore, directed to say that in the above conspectus it seems desirable that
the Judicial Officers be directed to use proper appellation while exercising power of Civil
and Criminal Courts as the case may be.
I am, therefore, to request you kindly to draw the attention of all the officers
working under you to comply with the direction contained in C.L.No. 50/IVg-27, dated
21-5-1995 and to use proper appellation while exercising powers of Civil or Criminal
Courts.
31.
REPLY OF ENQUIRIES
(i)
Reply of enquiries made from the Hon'ble Court
C.L. No: 30/dated August 3, 1995
It has come to the knowledge of the Hon'ble Court that office of the Hon'ble
Court does not reply to the enquiry made by the Subordinate Court in the matter of cases
in which the proceedings have been stayed by the Hon'ble High Court or other superior
courts. The Hon'ble Court has taken a serious view of the situation. In order to resolve it,
it has been decided that if the replies are not received from the Deputy Registrar
concerned them the matter be reported to the Addl. Registrar (Listing) by means of D.O.
Letter so that the enquiries may not remain unreplied. Besides it, the matter may also be
brought to the notice of the Registrar against the delinquent official, if needed.
32.
ADMINISTRATIVE CONFERENCE, 1997
C.L. No. 49/IVh-36/Admn. ̳G'- B Dated: 12th November, 1997
Heavy pendency of the cases, coupled with other problems of the subordinate
Courts which are impediments in the timely disposal of cases in subordinate courts is
causing concern in the Hon'ble Court. With the result, the Hon'ble Court has taken a
decision to convene a Administrative conference on 6th and 7th December, 1997 at
Allahabad of all the District & Sessions Judges.

As per convention, the matters relating to Administrative conference are
earmarked by the High Court considering problems and difficulties, which are brought to
the notice of the High Court from time to time for eradication by respective District
Judges. An agenda an item is being enclosed along with this letter to you with the request
that the suggestions on the points included in the Agenda should be sent up to 27th
November, 1997 positively.

The Hon'ble Court has further directed you to furnish the following statement
within the prescribed time:
(i)
Statement of all types of civil and criminal cases with year wise breaks up
of each court.
(ii)
List of 50 old cases pending in each court and the reasons for such
pendency in nutshell be also specified against the entry of each case.
499
(iii)
Loss of working days for the last three years and the reasons for the same.
(iv)
What is the sanctioned strength of the judgeship and how many courts are
vacant and since when.
(v)
What are the suggestions for ensuring proper and effective judicial process
in the administration of justice. What amendments in the circular letters
are proposed.
(vi)
How many part heard cases are pending in each court and since when.
What are the reasons of keeping those cases part heard.

I am, therefore, to request you while treating it as most urgent, please send the
reply to the Court through special messenger up to 27th November, 1997

ADMINISTRATIVE CONFERENCE, 1997
ADMINISTRATIVE SIDE - I

ITEM NO. 1 -
STRIKE BY LAWYERS
In recent time lawyers have adopted a very strange and unjustified attitude of
boycotting the courts working (popularly known as strike) for indefinite period
irrespective of the seriousness of their grievance. In the rarest of the rare case, the
lawyers have boycotted the courts working in the past. Lawyers strike is attracting
attention of many conscious people who are interested in preserving dignity of the
judiciary and its independence. Many concerns are worried about the courts' boycotting
more particularly because of the problem of the backlog of the cases and this problem is
increasing day by day. Lacs of cases are pending in the subordinate courts with many
uncertain ties. Hon'ble court in Civil Misc. Writ Petition No. 33778 of 1997, Manoj
Kumar and Others v. Civil Judge (JD) Deoria and others, has also given directions to the
effect that ―Before parting with this case, we would like to mention that it is deeply
regrettable and highly objectionable that there are strikes in district courts in U.P. on
flimsy and frivolous pretexts, and some District Courts function only for about 60 or 70
days in a year. This is a shocking state of affairs, and will no longer be tolerated by this
court. The judiciary and bar are both accountable to the public and they must behave in a
responsible manner so that cases are decided quickly and then thus faith of the public in
the judiciary is maintained. Surely, the public has a right to expect this from us. We,
therefore, issue a general mandamus to all the judicial officers in all district courts in U.P.
that if the lawyers go on strike the judicial officers must, despite the strike of the lawyers,
sit in court and pass order in cases before them even in the absence of the counsel. If the
lawyers disturb the functioning of the court, the District Judge shall contact the police,
the police will give all protection to the judges, and the cases will not be adjourned
merely because of the lawyers' strike. People in this state are fed up with lawyers' strikes
and this state of affairs must now end. The lawyers must realize that litigants, witnesses,
etc. often come from distant places at heavy expenses and it is most improper that they
have to go away because of strikes by lawyers. ―The judiciary exists for the people and
500
not for lawyers or judges‖. It is suggested that optimum care should be taken to ensure
that the judicial time is not wasted on account of the strike or abstaining from the court
by the lawyers. The courts should continuously function and no credit in the quantum of
work fixed by the Hon'ble Court shall be given to the Presiding Officer on account of
such strikes.

What are your suggestions in this regards ?
ITEM No. 2 -
SETTING UP OF SPECIAL COURTS AT REGIONAL BASIS TO TRY THE
CIVIL AND CRIMINAL CASES INVOLVING THE MEMBERS OF LEGAL
PROFESSIONS

These days it is felt that where the lawyer is personally involved in the cases, it
becomes difficult for the Presiding Officer to proceed with those cases. When they do not
get favour from the court, they start creating problems to the Presiding Officers and he is
put to piquant situation. It is not difficult for them by exerting their influence or threat to
distort the course of justice and obtain unjustified relief in their favour, or to have
undeserved penalties imposed on his part. It is some time talked about that the law in the
statute book totally different from them than law in action. With the result, the presiding
officers are avoiding to make disposal of the cases in which lawyers are involved. It has
been suggested that at zonal level, special courts should be created so that working of
present hierarchical mechanism is improved and the best quality of justice at the least
cost is given to the litigant public in the shortest possible time.

What are your suggestions in this regard ?
ITEM No. 3.
APPOINTMENT OF DISTRICT REGISTRAR

Some District Judges have expressed that at VIP stations; there must be either
District Registrar or Protocol Officer for taking care of visiting dignitaries. It has also
been expressed that in the administration one or the other officer has been designated as
ADM/SDM (VIP). On the same pattern, one Judicial Officer should be designated for
VIP duties. Since there is arithmetical increase in the pendency of cases in each district
and so it is difficult to spare any Judicial Officer for VIP duty. Under such circumstances
for the proper and smooth working of the judgeship, post of District Registrar be created
and his duties may also be earmarked for the purpose of administration and other duties
such as making the cases ripe for hearing.

What are your suggestions in this regard ?
ITEM NO. 4
MAXIMUM USE OF LIBRARY

Thrust has been given by Hon'ble Supreme Court in All India Judges Association
case that judicial officer must be provided working library at their residence. This was
made with a view to keep the judicial officer abreast with the latest law and new
dimensions taking place in the field of law. Subordinate judiciary is not merely greater
power but also greater awareness of the law. It has become necessary that the subordinate
501
judiciary is made to realize that the greater mission of rendering justice cannot be
fulfilled unless it is made constantly aware with the statutes and the latest
pronouncements being made by the Hon'ble Supreme Court and High Courts. Library
facilities are available in the district courts. It is also suggested that the post of Librarian
be sanctioned in each district and the District Judge should ensure that the journals are
circulated amongst the officers regularly so that they may be acquainted with the latest
law being propounded by various courts. Library research, which seems still to constitute
the back bone of research in law, has its own significance.

What measures do you suggest in this regard ?
ITEM NO. 5 -
FREQUENT BREAK DOWN OF ELECTRIC SUPPLY

These days the electric supply in the State all the district is very erratic and at
times electricity is not available for 4-5 hours a day during court hours. In the old
buildings, the ventilation is so inadequate that the rooms became dark when the
electricity supply is disturbed. In the new court buildings, also, it is so suffocating in
summer and so dark in winter that judicial work is difficult to be performed. It is
necessary to provide sufficient number of generators to maintain electricity supply in the
buildings.

What measures do you propose in this behalf ?
ITEM NO.6 -
SAFETY AND SECURITY OF COURT BUILDINGS

The sanctioned posts of Chaukidars in the district courts are inadequate. A single
chaukidar in the whole campus in the dark hours without any weapon is incapable to
resist the unauthorized entry in the night and prevent theft of government property from
the campus and sometimes the lock breaking. It has been suggested that at least one
Chaukidar for each building complex be sanctioned.

What measures do you propose in above behalf ?
ITEM NO. 7 -
SECURITY ARRANGEMENT FOR JUDICIAL OFFICERS

The different sections of people with which a Presiding Officer of a court of law
in the district has to deal have become aggressive in their behaviour and un-reasonable it
their approach. The lawyers resort to frequent strikes boycotts and demonstrations against
the Presiding Officers. The staff is also somewhat indiscipline. An unfavourable order in
the case represented by an unruly advocate leads to misbehaviour on his part and creation
of ugly scene in the court. Personal risk to the Presiding Officer is created frequently in
maintaining the dignity of the court and in controlling the unruly elements. It is
considered necessary that there should be posting of sufficient police force in the court
campus and the District Judge should have control over the same.

What measures have already been taken ?
502
ITEM NO. 8 -
PROVISIONS OR IDENTITY CARDS TO CIVIL COURT STAFF AND
WEARING BADGES BY REGISTERED CLERKS OF ADVOCATES.

For better identification and for enforcing better behaviour from the civil courts
staff it is suggested that each of them should have an identity card and the registered
clerks of the advocates should wear badges. The provision of issue identity card is
already in force and its making compulsory may be considered. The wearing of badges
by the registered clerks of the advocates may facilitate their identification.

What are your views in this regard ?
ITEM NO. 9 -
CIVIL WORK SHOULD CONTINUE TO BE DONE DURING THE MONTH OF
JUNE

Civil work should continue to be done even during summer and winter holidays,
as the case may be. There is heavy back-log of cases in subordinate courts. There is
demand of swift and timely decision. It is high time that Bench and Bar concede for
lessening the number of holidays taking it as a challenge to the Judiciary in an all-out
effort to avoid delay. We should agree to minimize the holidays to about 85 days per year
including the Sunday. There should be only one vacation of about 3 weeks in a year and
this could be as per the choice of the Hon'ble Courts so that the same could be availed as
per the importance of the festivals in the State. For unforeseen events like death or
otherwise of highest judicial personalities of the State, condolence should be permitted
only at 3.30 P.M. so that the day's work is not affected.

What are your suggestions in this regard ?

ADMINISTRATIVE SIDE-II

1.
APPOINMENT OF ACCOUNTS OFFICER TO KEEP WATCH ON
ACCOUNT MATTERS

The account work in almost all the Judgeships has increased tremendously owing
to much greater number of class III and IV employees. To keep the account work up to
date and correct and for its periodical checking, it is essential that an accounts officer be
posted in each Judgeship.

What do you propose in this behalf ?
2.
SUPPLY OF PRINTED FORMS/STATIONARY IN THE JUDGESHIP

Sellable as well as non-sellable prescribed forms of warrant's, notices, decrees,
formal orders, registers etc. are not in requisite supply to the districts. This creates
problems in the working and hampers efficiency. It has been suggested that the
Government and the printing press should be made to realise the problem or arrangement
of local printing be made.

What are your suggestions?
503

3.
RESIDENTIAL AND NON-RESIDENTIAL BUILDING:

Constriction of Civil Court building is new a plan subject. Matching Grant in the
proportion 2:2 is given by the Government of India. Thrust throughout is made to
compete the new building as for as possible within the time frames as is to avoid any
escalation in the prices. It can be possible only when the attention is given by the District
Judge and the officer in charge of the building so appointed by the District Judge. Care is
required to be taken at every stage i.e. from the time of acquiring of land and getting the
building completed within the stipulated period. Maintenance grant for the repairs of
building is also required to be utilized properly. But some time it is felt that construction
agencies are not taking proper interest because of their pre-occupation in-other work,
with the result progress in the building is adversely affected.

What are your suggestions in this regard ?
4.
INSPECTION OF VARIOUS COURTS AND OFFICES:

Hon'ble Court has time and again observed that inspections made by the District
Judge and the Presiding Officers are not searching. It is stereo type. The District Judges
have to look into as to what are the reasons, which persuaded the presiding officer not to
make disposal of old cases. What steps have been taken by him in ensuring the speedy
disposal of those old cases. Further, why the officer has given preference to new cases.

What measures in this regard do you suggest ?
5.
GRANT OF EARNED LEAVE AND ENCASHMENT OF LEAVE,
MEDICAL LEAVE, G.P.F., WITHDRAWALS, G.P.F. ADVANCES,
HOUSE BUILDING ADVANCES AND CAR/SCOOTER ADVANCES TO
THE JUDICIAL OFFICERS BY THE DISTRICT JUDGES:

It has been mentioned that it takes a very long time in receiving sanctions in the
aforesaid matters from the Hon'ble High Court. It has been suggested that if the authority
for such sanction is given to the District Judge, there is no likelihood of its mis-use and it
would facilitate the working.

What are your suggestions to this matter?
6.
PENSION AND PAYMENT OF GRATUITY AND PROVIDENT FUND

Various references are received that matters concerning pensionary benefits are
not timely attended, at the district level, with the result much inconvenience is caused to
the officers/officials. Necessary papers in this regard should be processed well in time
and sent to appropriate authority as per instructions so that the retiremental benefits are
made available to the official/officer concerned.

What are your suggestions in this regard ?
7.
INCOME FROM COURT COMPOUND

It has been mentioned that in almost all the Judgeships annual income from the
court compound reaches more than 1 lack rupees. Despite that due to paucity of funds,
improvement in the court compound is not possible. It is suggested that the District
504
Judges be given discretion to utilize the aforesaid income for improvement in the court
compound without prior approval of the Hon'ble Court.

What are your suggestions in this behalf ?
8.
TRAINING PROGRAMME FOR CLASS III EMPLOYEES

The work in the courts has increased tremendously. There is variety of work in
different sections. Untrained employees are not able to cope with the work. This results in
disturbances in the working the courts. It has been suggested that a regular scheme of
training of class III employees be chalked out.

What do you propose in this behalf.?
9.
ORDERS AS TO CLOSURE OF COURTS AND OFFICES ON SAD
DEMISE OF AN EMPLOYEE OF CIVIL COURTS

It has been mentioned that a difficult situation arises when a member of the staff
dies and the other members the staff went to participate in his funeral when the courts are
functioning on such occasion. It also generates bitterness on the part of the staff. It has
been suggested that on such occasions the District Judge should have authority to permit
few members of the staff to attend the last rites even during court hours.

What are your suggestions in this regard ?
10.
PURCHASE OF BOOKS

The existing practice is that the books for the judgeship library are purchased
without considering the local requirement. The publishers also manipulate old additions
with new titles. It is suggested that the District Judge should be able to select the books.

Please give your views.
11.
SHORTAGE OF STAFF

It has been mentioned that for various jobs no posts are sanctioned in the
Judgeships. There is no independent post for a Librarian, Inspection Clerk etc. and the
employees have to be withdrawn for these jobs from other offices. This results in
shortage of staff in such other offices. It is also mentioned that due to increase in work
additional staff has to be posted in the Nazarat, in the account section and in the courts
and the offices. This again causes shortage of staff at the places from where it is
withdrawn. It is suggested that norms of staff mentioned in the D.O. Letter No. 5662/7HC 711/85 dated 2nd November, 1989 of Sri K.L. Sharma ( Hon'ble Mr. Justice, retired)
who had headed the government committee for fixing the norms of the staff in the civil
courts be enforced and additional posts be sanctioned accordingly for smooth functioning
in the civil courts.

What are your suggestions in this regard ?

ADMINISTRATIVE SIDE-III

1.
COMPUTERISATION
505

Computerisation of the subordinate courts is suggested with a view to (a)
streamline functioning of the lower courts, (b) to make the whole system transparent that
information regarding the cases pending in the courts may be available to the end users
i.e. the litigants at the nearest possible place of his/her home town. Further, the uses of
the computers on the following fields are also suggested:
i)
Budget and accounts
ii)
Personal information, character roll, service books of the officials maintained in
the district courts,
iii)
Nazarat working.
iv)
 Library, stationary and record books (civil and criminal)
v)
Copying department.
vi)
Various statements prepared by the district courts.
vii)
Feeding of date regarding various cases filed and pending in the district courts.
viii)
Feeding of F.I.R. receipts, charge sheets and committal cases.
ix)
Automatic preparation of day-to-day cause list.
x)
Feeding of orders, judgments, and issuance of the certified copies through
computer.
xi)
Preparation of various statistical statements of various mature of cases filed and
pending in each court, disposal by individual officer etc.
What are your suggestions ?
2.
With a view to provide residence to all the judicial officers, policy to provide tube
wells in the colony have been made but in absence of operator, it is difficult to operate
that tube well properly. Identical is the position of Mali, Sweeper and Chaukidar. It is
essential for proper maintenance of building and to provide best services to Judicial
Officer. It is suggested that posts of Tube well operator, Mali and Sweeper be sanctioned
for such residential buildings.

What are your suggestions ?
3.
ESTABLISHMENT OF FAMILY COURTS IN EACH DISTRICT:
It has been mentioned that matrimonial cases in various Districts continue to
linger for over five years; it is not in interest of the society and the litigants. It is proposed
that family court be established in each district and 3 or 4 family courts in kaval towns.

What are your views in this regard ?
4.
TELEPHONE FACILITY TO ALL JUDICIAL OFFICERS

It is mentioned that these days every officer needs a telephone at his residence. It
is proposed that every Judicial Officer be provided with a telephone at his residence.

What are your views in this regard ?
5.
RENT FREE RESIDENTAL ACCOMMDATION TO THE JUDICIAL
OFFICERS

It is mentioned that in pursuance of the judgment of the Hon'ble Court in the case
of All India Judicial Service Association, the Punjab and Haryana Governments are
providing rent-free residential accommodation to the Judicial Officers and Rajasthan
Government has issued an order that the Government will pay to the Judicial Officers for
506
their residential accommodation if they are not provided with government
accommodation. It is proposed that in U.P. also the Judicial Officers be provided with
rent-free residential accommodation.

What are your views in this regard ?

CIVIL SIDE

1.
ALITERNATIVE MODES AND FORUM FOR DISPUTE RESOLUTION

(LOK ADALAT)

Our subordinate Courts are over-burdened with pending cases. The situation is
that cases sometimes hang on for 14 or 15 years. Thus in the State, out emphasis has to
be, to get the disposal of a large number of cases through Lok Adalat and legal aid camp.
The cases, which are to be taken in Lok Adalat, may pertain to Civil, revenue and
compoundable criminal disputes, matrimonial, M.A.C.T. cases and labour disputes.
Further as the State/District level authorities have already been constituted in the State,
we would also suggest that preventive legal aid service programme should also be
introduced in which (i) to held the legal aid camps and Lok Adalat in rural areas as well
as in poor areas of the cities for carrying legal service to the door-steps of the people and
bring about their settlements of the disputes (ii) creation of the legal awareness among the
people in regard to the rights and benefits conferred upon them by the social welfare laws
as well as by social and economic rescue programmes initiated through administrative
measures, (iii) mobilization of law teachers and students in the service of the weaker
sections of the community by opening legal aid clinics in the Universities and law
Colleges, (iv) promoting public interest litigation with a view to vindicating the rights of
the poor and (v) there should be an intensive programme of providing training to
paralegals.

What are your Suggestions?
2.
CIVIL AND CRIMINAL JUSTICE ARE ON TRIAL

What is important is to have a legal procedure that will help to arrive at the truth
and a decision based on that will not offend fair play and justice. This would necessarily
mean a great deal of changes in the Indian Evidence Act, Civil Procedure Code, Criminal
Procedure Code. These three laws are archaic as all eminent jurists and our lawmakers
would concede. If the common man's confidence in the legal system is to be restored, a
major surgical operation of all crime preventive laws, whether substantive or procedural,
is unavoidable. Besides the right to a speedy trial, trusting the police, concern for the
victim of crime are some other important aspects, which deserve the prompt attention of
all concern with the administration of justice.

What amendments would you propose so as to ensure proper functioning of the
judicial process in a short period?
507
3.
RESOLVING SHOULD BE MADE BEFORE THE COMMENCEMENT

OF TRIAL

Resolving the dispute by reconciliating the party by making maximum use of the
provision of order 32-A Rule 3(1) and 4 of Code of Civil Procedure should be
encouraged as far as possible.

What do you propose in this behalf ?
4.
EVIDENCE WHICH IS PERMISSIBLE TO BE TAKEN ON AFFIDAVIT

SHOULD BE ENCOURAGED

Provision of order 19 of C.P.C. should be more really made so that examination
of witnesses in the court be avoided to save the time of the court,

What are your suggestions ?
5.
WRITTEN ARGUMENT

Written statement should also be taken which may save the Court's time but has
not been adopted by the presiding officers in general. What handicaps they are noticing in
not insisting upon the written argument.

What measures are required to be taken in this direction ?
6.
ADJOURNMENT

It has been mentioned that prescribed procedure does not permit adjournment on
the ground of non- preparation of case by the lawyers or engagement elsewhere. But in
practice, it is difficult to refuse such adjournments. It is suggested that Judicial Officers
should make efforts that Court proceedings are not protracted. Further, such procedure
should be adopted by the presiding officer, which is consistent with reality, and there
should be limited adjournments so that presiding officer may save embarrassment of
refusal.

What are your views/suggestions in this matter?
7.
EXPEDITIOUS DISPOSAL OF EXECUTION CASES

Execution applications must be disposed of within six months.

Suggestions if any.
8.
TRIAL IF COMMENCES SHOULD BE CONCLUDED IN SHORTEST

Keeping the cases part heard for unduly long period and inordinate delay in
pronouncing the judgments are matters of criticism. Demeanour of the witnesses and the
correct appreciation of statement given by the witness can be made if the case are taken
in continuity and concluded at the earliest possible time.
9.
MAKING OF COPIES OF ORDERS AND THE JUDGEMENTS

EXPEDITIOUSLY

Copying Departments are said to be over burdened because of inadequate staff. It
is suggested that to avoid inordinate delay in furnishing certified copies of the
judgments/orders etc. a copy should be taken out by the PA/Stenographer to be presented
in the copying Department for the purpose of giving certified copy whenever necessary.
508
What are your suggestions?
10.
APPLICATION OF COUPANS INSTEAD OF CASH PAYMENT COPIES

OF DEPOSITION

It has been mentioned that cash payment in court may create misunderstanding in
the minds of litigants and may also afford opportunity to unscrupulous readers. It is
suggested that the coupons for the copies be issued against cash by the Nazarat.

What are your views/suggestions in the matter ?
11.
SERVICE OF SUMMONS THROUGH REGISTERED POST

It has been mentioned that these days substituted service by the process servers
has become of doubtful nature. It is suggested that the provision be made for service of
summons through registered post acknowledgement due and in case the registered
article is returned unserved, service by publication in newspaper by resorted to in order
to save time and harassment of litigants.

What are your views/suggestions in the matter?
12.
REVISION OF VARIOUS FEES

It has been mentioned that process fee, adjournment fee, proclamation fee etc.
were prescribed long ago and they have become insufficient at present. It is suggested
that fees in general be revised.

What are your views/suggestions in the matter?
13.
NOTICE OF APPEAL, REVIEW OR REVISION

It has been mentioned that when notice of appeal or review or revision is given to
the advocates who represented the opposite party in the trial court, the advocate declines
and pleads that he has no instructions. It is suggested that the provisions be made to make
the notice binding on such advocate.

What are you view /suggestions in the matter?

CRIMINAL SIDE

1.
SERVICE OF SUMMONS IN THE CRIMINAL CASES:

Most of the Criminal Courts are facing this difficulty. Because of this difficulty,
the Criminal Courts are not able to function property. The problem of service of
summons is twofold. Firstly, the service of summons is affected upon the accused
persons. When the accused do not appear, then search for his surety starts. Secondly,
service of summons upon the witnesses.

Presently the service of summons is done by the police personnel. The police
personnel do not undertake the duties, as the law requires. Processes issued by the Courts
are not returned by the police and dates after dates are given by the courts for the service
of summons. This problem is further aggravated by the fact then the difference arises in
509
between the court officials and the police personnel's about the issue of the summons. At
number of times, the police personnel's complain that the summonses were not given to
them and the official says that the summonses were given to him. The police due to other
multi-duties is not able to comply with the directions of the Courts. It is a matter of
common experience that the pairokars who come to attend the courts issue roo-ba-kar to
the witnesses and they file a copy of roo-ba-kar on the date of hearing. In fact, the service
of summons is further dependent upon the issue of the summons. The court officials who
are duty bound to issue the summons, are not issuing the summons. It is also mentioned
that the summons to the police personnels are left with the Head Moharrir. Further action
thereon is never taken. Neither the police personnels nor the witnesses are in attendance
at the time when the case is called out. Thus, the problem of service of summons upon
the accused and the witnesses is one of the problems, which is affecting the
administration of criminal justice.

What are your suggestions for ensuring service of summons?
2.
ATTENDANCE OF THE FORMAL WITNESSES DURING TRIAL

Due to delay in trials, the former witnesses such as Investigating Officers and
doctors are transferred from the place of their posting and they do not come to depose in
cases in which their evidence is required. Absence of these witnesses results in delay in
disposal of the cases.

Suggest ways in the light of the latest pronouncements.
3.
INVESTIGATION OF THE OFFENCES BY THE POLICE

As it is known to all the administration of criminal justice is the responsibility of
the State. Trial begins either on submission of charge sheet or on a complaint. In police
challani cases investigation is done by the police officers. The fate of the case depends
upon the quality of investigation done by the police personnels. In fact, in most of the
cases, the fate of the case is decided by the Investigating officer and trial remains a
formality. There is no authority to restrain the police personnels from performing the
duties assigned to them unlawfully. Investigating officers repeatedly commit such glaring
errors, which resulted in the acquittal of the cases, and the said errors were caused by
them deliberately. In cases, which are false, and are of no evidence, charge sheets are
submitted. Whereas the cases in which material evidence is available final reports are
submitted in, a manner that the culprit may be benefitted, even if the court takes
cognizance of the case. The responsibility of acquittals is shared by the courts and the
real architect remains behind the scene.

Propose measures to cheek it.
4.
CUSTODY AND DISPOSAL OF CASE PROPERTIES

From time immemorial, the police department is keeping the case properties with
them. This gives them the double benefit. Firstly, in cases where they do not want to
produce case property they do not produce it. After the culmination of trial the disposal of
the case property is not done. It is also at times observed by the court that case property is
planted in some other cases. Though it is impressed upon the arresting officers that case
property be brought along with the accused at the time of obtaining remands but it is not
done.
510

Some steps be proposed to check this problem so that the correlated problem of
false implication may be checked.

Suggestions ?
5.
REPORTS OF CHEMICAL ANALYSTS, BALLISTIC EXPERTS AND

OTHER EXPERTS

Criminal trials at times are delayed due to non-submission of reports of chemical
analysts, ballistic experts and other experts. The Investigating Officers are responsible for
sending the properties for examination by the experts. At times, it is sent by sufficient
delay. Even if the properties are sent at early dates, the reports are not received because
of the heavy pendency with the laboratories. The trials are delayed. One of the important
aspects of this problem is, cases relating to food adulteration and the cases relating to
N.D.P.S. Act in which the accused seldom gets bail. In food adulteration cases, courts do
not see that the property which being sent to the analysts for analysis is at times deficient
and is sent in a manner that it may not reach to the analysts in proper form. The seals are
not seen. The bottles are not properly packed and they are broken in the transit and the
contents leak out. The result of this that the accused is benefitted and he is not legally
dealt with.

What are your suggestions in the regard ?
6.
SUPPLY
OF
COPIES
OF
STATEMENT
AND
WITNESSES,

DOCUMENTS RELIEF BY THE PROSECUTORS

In most of the districts the trials of the accused is delayed because of the nonsupply of the copies to the accused within a reasonable time. The copyists posted in the
districts either are not working sincerely or not able to deal with the heavy pendency.
Formerly, the burden of providing the copies to the accused was with the police
department. The copies were provided invariably by the police department within a
month. It was solely due to the fact that quota of providing words by a copyist was not
prevalent in the police department. Whenever pendency in Copying department
increased, some additional hands were brought in to deal with the situation and things
were made normal. Since the judicial department has taken over the burden of Copying
Department, it has not only become unmanageable but also problematic.

What measures do you suggest in this regard ?
7.
PROBLEM OF FILING FAKE SURETIES AND FALSE STATUS

VERIFICATION BY THE LAWYERS

In the present, criminal courts are faced with typical problems. One such problem,
which can be identified, is filing of the fake sureties by the accused, released on bail. The
problem further becomes grave when the Advocates insist that since they are certifying
the status and addresses of the accused and sureties, and so it should be accepted. When
the courts refuse to acknowledge, it results in boycott, strikes and other administrative
problems Advocates' Act prohibits an Advocates from giving such certificates in
contravention of the provision of the Advocates' Act. Few Presiding Officers in order to
gain popularity accept the surety bonds on the plea that when the trial will come for
hearing they will not be the Presiding Officers of the Courts.
511

Suggest measures to check this problem.
8.
CHECK OF THE SUBMISSION OF FORGED AND FABRICATED

ORDERS OF THE HIGH COURT IN THE SUBORDINATE COURTS

Recently the submission of forged and fabricated orders not passed by the High
Court and Supreme Court has flooded the subordinate courts. The persons who are not
able to get relief from the courts because of the tough legal position obtained in relief
from the subordinate courts by filing the copy of the fake orders, which have not been
issued by the Courts.

Suggest measures to stop the filing of such orders.
9.
PROBLEM OF BAIL BONDS

In the criminal courts, bail is granted to the accused before the charge sheet is
filed. After the submission of the charge sheet, the bail bonds are not made part of the
record. When accused jumps the bail and search for the bail bond is made usually report
is submitted that bail bonds are not available.

Suggest ways to check this problem.
10.
REVIW OF THE SYSTEM OF DEPOSIT OF FINE BY CRIMINAL

COURTS

Formerly each criminal court used to deposit the fine imposed by it in the treasury
a passbook was maintained in every criminal courts. The advantage of this system was
that fine was sent to the exchequer soon. After its realization and the Presiding Officer
knew that, the fine has been deposited. After the change in the system, a new system was
evolved and the criminal courts were asked to send the fine realized to the Nazarat. From
Nazarat the fine was sent to the Bank for deposit. The court feels the difficulty in
knowing the actual number of voucher by which fine is deposited. At times, the actual
numbers etc. are not given by the Nazarat.

Can the proposal of reverting back to the old system be considered?
Amended circular letter issued in the Administrative Conference held in December,
1997
C.L. No. 56 Dated: 5th November, 1998
Circular letters were issued by the High Court to execute the decision taken in the
Administrative Conference of the District Judges held in December, 1997.

It has come to the notice of the Court that Judicial Officers are giving mandatory
import to those instructions incorporated in the said circular letters.

The circular letters are issued for guidance of the Presiding Officers of the courts
and are not intended to curtail the judicial discretion vested in the Court.