A very Happy & Prosperous Diwali - DRT Solutions Special Weekly Mail – 130th
Issue dated 5th November ’10
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(1) Light of Knowledge to kill Ignorance of Darkness – theme of Special
Issue of this Weekly Mail
This happens to be a
very special Issue of Weekly Mail due to following reasons:-
(a)
It is being issued from our camp at Chandigarh, far away from Indore
(b)
We are celebrating Diwali for the first time away from our home at
Indore.
(c)
This Friday happens to fall on Diwail which is a festival of light.
Light represents knowledge. To us and to our clients and their advocates, it
represents the knowledge of banking, industry, finance, substantive laws,
procedural laws, management & technology in Judicial process and above all
health. Darkness i.e. ignorance brings sufferings and breeds exploitation
and corruption. Its Mahabharat i.e. fight against the tyranny of
bueauracracy spread in banking and judiciary.
(d)
We wish all the readers of this weekly mail and their families a very
very happy and prosperous Diwali and a New Year. We shall meet some of them
during the DRT Conference to be held on 8th and 9th
January 2010.
(e)
We have devoted this issue of weekly mail to modern management and
technology in court rooms. When a 80 years veteran person like Mr. Satya Pal
can start working on computer and internet within a week, why we can not
force our advocate and judges to use these devices. When they are using
latest mobiles, latest cars and enjoy latest movies in the multiplex
theatres, why not use the latest technology in court rooms?
(2) Advantages of e-filing in Courts
As informed in our
previous weekly mail that we helped Mr. Satya Pal Anand to prepare special
PIL against 6 Chief Justices of Supreme Court of India on computer and
e-file the same. We observed the following advantages:-
(a)
The entire PIL, Annexures and Applications were filed within 5
minutes and the expenditure was only Rs. 350=00. Tremendous saving of time
i.e. first an advocate has to travel from Indore to Delhi or send the same
to some Advocate on Record in Delhi, both entailing substantial expenditure
and above all huge wastage of valuable time. On 07.10.10 we filed it from
our laptop in our home within 5 minutes and the expenses were on Rs. 350=00
(b)
We received an e-mail on 21.10.10 from the filing counter of the
Supreme Court pointing out certain defects and deficiencies. In fact most of
them were due to ignorance of the filing counter about the PIL which they
were treating them as a regular writ. We removed all the defects and took
advantage of the occasion to improve the complete PIL and refiled the same
on 2nd November within 5 minutes and the expenditure of Rs.
486=00 only.
(c)
We did not have to travel any where. We did not have to face the
staff of the filing counter. System works round the clock and all the days
without any timings and holidays. The avoidance of personal contacts saves
incidence of humiliation, exploitation and corruption for petty matter of
filing papers.
(d)
One can get the certified copies of the orders by sending amount by
Money Order.
(e)
Looking to such wonderful experience, Mr. Satya Pal Anand prepared a
PIL and tiled the same on 23rd Oct at MP High Court Jabalpur. The
said PIL has been admitted. Mr. Satya Pal Anand in the said PIL has
highlighted the advantages of e-filing towards easy and cheap justice. He
desires earliest possible implementation in all High Courts.
DRT Solutions Weekly Mail – 129th Issue dated
29th October ’10
(1) Andhra Pradesh High Court admits the Writ concerning transfer of DRTs
from Ministry of Finance to Ministry of Law
(1) Dr. C. Suresh, one
of our clients from Vijayawada and founder Borrowers Rights Forum informed
that the writ filed by him has been admitted Andhra Pradesh High Court
Hyderabad. Accordingly notices have been issued to all the respondents.
Contact details of Dr. Suresh and copy of the writ may be obtained from us.
(2) The borrowers in
various High Courts may file such writs in their States and inform us for
wider news coverage.
(3) Few of our clients
at Indore are also contemplating to file such writ in Madhya Pradesh High
Court at Jabalpur.
(2) Update on 2nd All India DRT Conference at Indore on 8th
and 9th Jan ’11 – only few seats left
(a) Dr.
Anil Gupta, MBBS from Asansol has remitted the Registration Charges to
attend the conference. He has been in correspondence with us for several
years and once he visited us at Indore. He is fighting his case in various
courts. Accordingly he has picked up good legal knowledge which is being
appreciated by the advocates and judges.
(b) Mr.
Jivan Lal (age 75 years), one of our clients who has filed damages against a
bank after fighting a legal battle for 21 years has informed that he would
attend the conference.
(c) Mr.
Laddha from Indore informed that he would attend the Conference. He has been
fighting his legal case and got his property back from the clutches of the
bank. He attended the last Conference in May '08.
(c) Mr.
Kirttee Khaitan one of our clients from Mumbai has remitted the Registration
Charges to attend the conference. He is a dynamic young entrepreneur and he
is fighting his legal battle with commendable enthusiasm.
(d) It
is informed that now only few seats are left and the Registration may close
much ahead of the last date of 30.11.10. As soon as the capacity of the Hall
is full, we will have to close the Registration. Hence those who are really
interested to attend the Conference should get themselves registered as
early as possible. The details may be seen vide link
http://www.drtsolutions.com/Conf-2010.htm
DRT Solutions Weekly Mail – 128th Issue dated
22nd October ’10
(1) Suspension of PO DRT Bangalore
On this matter one
of our clients from Bangalore has communicated as under vide his mail dated
18.10.10:-
“PO DRT Bangalore
has been suspended by the finance ministry because, of late, in
Securitzation Applications, he has started giving stay orders and bank
complained about this to finance ministry, so he has been suspended. he has
gone to High Court to get the stay on his suspension.
In this connection, the
next item and our comments therein are quite relevant.
(2) Association of Borrowers is moving SC for transfer of Controlling
Ministry on DRTs from Finance to Ministry of Law
One of our
clients from Vijayawada has informed that ‘Borrowers Rights Forum’ has
finalized a writ petition to be filed in SC to transfer the control of DRTs
from Ministry of Finance to Ministry of Law. He has requested that maximum
number of borrowers should join the said Petition.
The
interested persons may send mail to us to have the contacts of the said
client.
Further the
interested persons may talk to us to understand the benefits of joining of
the said writ petition.
Our Comments
(a)
The DRTs were
constituted in 1993 based on Tiwari Committee report published by the RBI in
1984. In the said Report at page 77, it is mentioned that-
“These
Tribunals should be manned by persons having specialized knowledge in the
functioning of banks, financial institutions and industry.”
Till
date even after 17 years of the constitution of the said DRTs, no
arrangement has been made by the Govt to impart required training to the
Judges and Advocates of the DRTs in the specialized fields of banking,
industry and finance and it is not known as to when the Govt will initiate
actions to impart the required training. Till such time, not only the
Justice Delivery Process will seriously suffer affecting the litigants
borrowers, the trials will take much more time compared with the civil
courts resulting into multiple reviews, appeals etc. on account of poor
knowledge of the officers of the courts.
(b)
Despite the
law laid down by the Supreme Court that the Tribunals should not be under
the parent Ministry, the legislature under the influence of the said parent
Ministry continues such illegal practice. Hence the above move by our client
and the association has been long due and should be welcomed and appreciated
by one and all.
(c)
Despite 60
years of existence of our Constitution, still we have not come out of the
hangover and legacy of British. The separation of powers and independence of
Judiciary has not yet been achieved. The suspension of the PO Bangalore is a
glaring example due to control of DRTs being under the parent Ministry of
Finance.
(d)
Transfer of
control to Ministry of Law will not solve the problem fully as may be seen
from the experience in England described below.
(e)
In England,
the Tribunals were formed in 1800. It took nearly 150 years to solve the
problems of the said Tribunals. Finally in 1957, at the instance of Franks
Committee the supervision and control of the Tribunals was assigned to a
Body having prominent citizens from various disciplines.
(f)
We are very
far off from such control by the Public on the Judiciary.
(g)
Till such
time, we must continue to pay attention to proper pleadings and perfect
trials on each date. Since the officers of the court, i.e. the Judges and
the Advocates have not been trained in banking, industry and Finance, the
litigant Borrowers will have to take lead in guiding the said officers of
the Court.
(h)
In view of
above, the said writ is in right direction.
(i)
Bank and the
Borrower are two distinct parties. In democratic setup like ours, both are
equal in eyes of law. That is why we have been insisting to implead the
Chairman as one of the necessary parties.
(j)
The judge
i.e. the PO will be called as Judge only when he is impartial and unbiased
to both the parties. The moment he favours any party, he is not a Judge and
he should be treated as violating the law.
(k)
The above is
a good beginning. All borrowers and their Advocates should be alert and
vigilant so that above is not repeated in their areas.
(l)
It is
needless to mention that as laid down by the Supreme Court in 1982 AIR (SC)
149, S.P. Gupta vs Union of India, the Judges should be creative, positive
and sensitive. They should be specially considerate towards the weaker
party. Borrower is too small compared with Mighty Banks and more so when he
is having financial problems. Instead of helping, the banks are only after
recovery by hook or crook. There is countrywide uproar particularly from
small borrowers who are large in numbers. The Govt is under pressure to
bring about a law to protect such borrowers on similar lines that in USA
where lender liability enactment protect such borrowers.
DRT Solutions Weekly Mail – 127th Issue dated
15th October ’10
(1) PO DRT Bangalore suspended as he was found favoring banks.
It has been informed
by one of our clients from Bangalore that PO DRT Bangalore has been
suspended on account of several complaints against him that he was very
much favouring the banks.
Our Comments
(a)
It has been
rampant with all most all the DRTs that the POs are favoring the banks. Some
of the litigants and advocates as in Bangalore have been quite vigilant and
alert and they put the matter in writing before the PO as well as the High
Court. When such complaints became numerous there was no option for the High
Court to suspend the said PO.
(b)
Bank and the
Borrower are two distinct parties. In democratic setup like ours, both are
equal in eyes of law. That is why we have been insisting to implead the
Chairman as one of the necessary parties.
(c)
The judge
i.e. the PO will be called as Judge only when he is impartial and unbiased
to both the parties. The moment he favours any party, he is not a Judge and
he should be treated as violating the law.
(d)
The above is
a good beginning. All borrowers and their Advocates should be alert and
vigilant so that above is not repeated in their areas.
(e)
It is
needless to mention that as laid down by the Supreme Court in 1982 AIR (SC)
149, S.P. Gupta vs Union of India, the Judges should be creative, positive
and sensitive. They should be specially considerate towards the weaker
party. Borrower is too small compared with Mighty Banks and more so when he
is having financial problems. Instead of helping, the banks are only after
recovery by hook or crook. There is countrywide uproar particularly from
small borrowers who are large in numbers. The Govt is under pressure to
bring about a law to protect such borrowers on similar lines that in USA
where lender liability enactment protect such borrowers.
(2) Judges not having Computer knowledge will not be appointed – verdict of
the Supreme Court.
The Supreme Court
has said vide news item published in Dainik Bhaskar, Indore issue dated
11.10.10 at Page 16 that for being appointed as Judge, legal knowledge only
is not sufficient. One should have practical working knowledge of computer.
Appeal filed by one Mr. Vijendra Kumar Varma vs Uttrakhand Public Service
Commission was dismissed as the said Mr. Varma was not appointed as Judge as
he was not found having working knowledge of computer. Since e-governance
was being implemented in all courts in the country, such persons who are not
conversant with computer working will not be suited as Judges.
Our Comments
(a)
The above is
a good development. We have been emphasizing that instead of increasing the
number of judges, first effort should be made to train the Judges and
Advocates in modern computer and internet technology. It is just like
increasing the number of bullock carts, better vehicles like automotive and
airplanes should be used we want more speed of disposal.
(b)
In USA and
Australia, computer working was introduced in courts as back as 1974. Our
Chief Justices spent crores in visiting these cours along with their wives
but as said by Justice Krishna Iyer we are still 200 years back compared
with developed countries. The reasons are obvious that our attention was
somewhere else particularly when 8 Chief Justices of India were alleged as
corrupt. Had we been serious actions would have been taken quite long back
when pendency was few lacs but it was allowed to be increased every year and
now after 60 years it is more than 3 crore cases pending. It will continue
to increase as Chief Justice of Andhra Pradesh has said that it will take
320 years to clear the pendency. Hence the remedy is only earliest possible
use of latest technology and management by the Judges and Advocates.
(c)
We have
developed many good tools and demonstrated before the Judiciary since 2007
but instead of showing any interest, they have been opposing it.
(d)
Now in PIL
filed in Supreme Court on 5.10.10 in the matter of Corrupt CJI, we have
specifically requested the Supreme Court to video record the complete
proceedings so that the same is shown to public at large.
(e)
We are
confident that the day is not far when our courts will pick up the most
modern technology.
DRT Solutions Weekly Mail – 126th Issue dated
8th October ’10
(1) Our Technical Help in preparing and e-filing of PIL Writ Petition
relating to corrupt CJIs, drafted by Mr Satya Pal Anand
The following ‘Breaking
News’ was published on our web site and the same was circulated to all the
recipients of the weekly mail:-
Breaking News
Indore – 6-10-10 4 PM
Sub:-
News Release to Print and Electronic Media on filing of PIL in SC on
5-10-10
Mr. Satya Pal Anand, a well known authority on PIL and two more Senior
Citizens of Indore have filed on 5-10-10 in Supreme Court a PIL on corrupt
judges about whom Mr. Shanti Bhusan ex-Law Minister has already filed an
affidavit in Supreme Court. Copy of the PIL may be obtained on e-mail from
ramkishandrt@gmail.com This news
was provided to the media on 6-10-10 at 4 PM by Mr. Satya Pal Anand & Mr.
Ram Kishan, two of the Petitioners.
Further Progress
(1)
The said PIL Writ Petition was e-filed in the Supreme
Court on 05.10.10 at 9:30 PM. Perhaps it is the first such e-filing from
Indore. During the course of e-filing, the Sl No allotted was 18144. The
Registry of the Supreme Court, in its e-mail dated 07.10.10 12:22 noon,
informed that the said petition has been allotted Diary No as 31960/2010.
Further intimation is awaited.
(2)
The above news was widely publicized through print and electronic media
.Local TV channels and daily news papers of Indore prominently covered the
same.
(3)
The said news was also provided to PTI, UNI as well as the national dailies.
(4)
The copy of the said PIL was provided to several persons who specifically
approached us through e-mail.
(2) Who is Mr. Satya Pal Anand ?
At present at age of 80,
Mr. Satya Pal Anand, 120 Jaora Compound, Indore is as active as any young
person. His complete time is devoted to legal studies and arguments in
courts. During past 40 years, he has filed and argued thousands of PILs in
various courts, High Courts and Supreme Court. He regards this work as his ‘POOJA’
When we found him typing
with single fingure on a type writer, we could not resist providing and
introducing him to modern technology. We illustrated him the use of internet
and application of computer in judicial process including video arguments.
He showed his immediate interest. Entire PIL was prepared on computer and
the same was e-filed. The process and media interactions were video
recorded. In two days time, Mr. Anand started using computer for preparing
his new PIL which deals with commencing e-filing in High Courts just like in
Supreme Court.
There are numerous
references to Mr. Satya Pal Anand on the internet, two of which are
reproduced below :-
http://indoreheartofindia.blogspot.com/2009/08/can-we-do-with-only-one-satyapal-anand.html
Saturday, August 1, 2009
We have many
people whining about conditions in Indore but this is the only gentleman who
appears to be doing something concrete. At the height of water crisis in
summer when councillors aka parshad were busy scoring political points and
municipal officials minting money, he was the man who went to high court for
proper plan of tackling crisis.Be it traffic issues, sanitation, stray
cattle, tree cutting by IMC, strike by doctors he is effectively using the
tool of PIL to at least highlight issues and wake officials from their
slumber.Why do not we have more such people may be retired public servants
and out of favor politicians who know the system better can serve people at
least now if they did not when they were in positions which mattered.
Posted by
arohan
at
9:42 PM on 1-8-09
http://www.acpp.org/uappeals/uaupdate/2004/up04100809.html
31 January
2005
The Bombay High Court had taken the situation of debt
ridden farmers into public interest litigation (PIL). Chief Justice of the
Bombay High Court had converted the case into a PIL, upon receiving the
letter from two petitioners: Mr. Satya Pal Anand, an Indore based farmer,
and Mr. VB Karmarkar, a retired government officer.
Chief Justice D S Bhandari and Justice Dhananjay Chandrachud of the Bombay
High Court directed the district judges of Jalna, Pharbani and Bheed, where
the deaths have mainly occurred, to gather facts about the reasons that
drove the farmers to suicide. The court also directed the Maharashtra Chief
Secretary to file an affidavit of the situation by 11 January when the
matter was scheduled to be heard again.
Petitioner, Mr. Anand, argues that the occurrence of 265 deaths is a
violation of Articles 21 and 14 of the Constitution which grant protection
to life through reasonable, fair and just action by the state and central
government.
Owing to the widespread farmers suicide in late 2004, Hotline Asia had
issued
UA041008(9) to request the central government to take immediate action
to prevent the situation from worsening.
Sources:
Local Source
DRT Solutions Weekly Mail – 125th Issue dated
1st October ’10
