Crime Against Labour Cell

I request the National Legal services Authority to implement the theme of Mr. Justice Y. K Sabharwal the then Chief Justice of India and Patron-in-chief of NALSA given by his lordship in July 2005. In this regard I have requested the member secretary NALSA personally to ignite the cell atleast in the state of Jharkhand.

The Sad plight of labourers particularly Industrial labourers / unorganized labourers and labourers working with government departments on daily wages. I have one case in my hand in which daily wage labourers Badri Yadav working in the office of District Probation officer with the ministry of Home affairs Jharkhand is under paid but no one is ready to see his misery. The matter is within the knowledge of the Treasury Officer/ Inspector general of Prisons but till date he is not getting proper remunaration. It requires diagnosis and pathalogy by the crime against labour cell working under the Chairmanship of sessions Judges of the District. In the manner the department of labor and employment, factory inspector, police with the industries & company is dealing the laborers will become matter of public debate soon.

Views, Comments, suggestions, solicited.

Backlog of electricity act cases in Jharkhand courts.

The Hon'ble Chief justice of India, Union law minister Dr. M.Virappa Moili and others are very much serious regarding the pendency/backlog of cases in judicial courts and on the other hand a large number of criminal cases of Electricity Act, 2003 is pending in magestarial courts in Jharkhand, although compensation money has been deposited by the so called accused persons but the criminal cases are still pending in the judicial courts. The legislature very specifically provides provision under section 152 of the Electricity Act if someone deposited the compensation money, the prosecution/proceeding immediately closed but in Jharkhand no one is ready to see this plight/misery of innocent persons. The matter has been raised in some judicial courts within the District of Giridih but no result with a positive approach. In this connection correspondence has been made with the energy department of the state, local superitending Engineer of Electricity has been requested to furnish a figure of criminal cases instituted by electricity board/number of persons facing trials after depositing compensation money and number of cases withdrawn by the Electricity Board but no positive result is shown yet. I request views, suggestions, ideas and comments by the READERS how electricity act, 2003 will be implemented and Judicial courts relieved from this unnecessary burden.

Rules regarding refilling of LPG

There is no time bar taking refill cylinder Most of Gas distributors do not book the cylinder before a periodd of say more than n 20 days after the cylinder has been supplied. But there is no such bar. Through a RTI Application I have confirmed from the Oil Companies. as details below. Since the issue is related to all of us and all over India. Please provide maximum publicity to the issue in the larger benefit of all Gas users. On 14th Nov.2009 I filed a RTI Application with Various Oil Companies to which I have received following reply: Q:-Copy of rules for refilling of Gas Cylinder both for domestic & Commercial specifying the time gap between receipt of filled up Gas Cylinder and Re-booking of refill. INDIA OIL COPORATION LTD Sector 19 A Chandigarh through PIO -cum-Dy. Gen Manager (LPG) vide Letter NO.PSO/LPG/RTI dated 16th Dec.2009 informed as under Refill can be booked as and when required by a customer to meet his/her genuine requirement of LPG for domestic cooking purpose. No time gap has been specified between the date of supply of a domestic LPG cylinder and the date for booking of the next refill. The same is also true for commercial LPG supplies HINDUSTAN PETROLEUM CORPORATION LIMITED lpg Regional Office at Rohtak Road Jind-126012 through Chief Regional Manager cum-CPIO Jind LPG RO Letter NO.LPG/SM/RTI dated 12.12.2009 informed as under : There is no time bar taking refill cylinder. However it should be used for Domestic cooking by genuine domestic customer. There is no time bar for Non Domestic refill

Judge facing corruption charges should keep off work

A public debate is required on this issue immediately in the country as per Sri Prashant Bhusan senior Advocate, Supreme court of india and others. As per Mr. H Suresh former judge Bombay High court for the bar to take the lead when instances of judicial misconduct come to light. If the bar can't speak, who will speak? Mr. Bhusan wanted to know on the elevation of Karnataka High court Chief justice P D Dinakaran, how such a person come to be recommended by the supreme court collegium for appointment to the supreme court. What is the system that the collegium followed? In this context we remember the elevation of justice Jagdish Bhalla & some other judges, I don't want to name him because some personal reason. It is established fact that judges transferred from one High court to another High Court on proven charge/incapacity thoroughly enquired by collegium & suddenly they elevated as Chief Justice of some High Court. It's an matter of public debate.

Unnatural death of Ashutosh Asthana

I am going through the news clipping regarding the unnatural/mysterious death of Ashutosh Asthana, The main accused/suspect in the multi-Crore Ghaziabad Civil Court provident fund scam allegedly involving 36 judges, including a sitting Supreme Court Judge, died on Saturday in Judicial Custody. As per Dr. AK Singh, the attending doctor "it looks like a case of poisoning" but the exact cause can be ascertained only after postmortem." Honorable Supreme Court has been pleased to direct high level probe, the district judge of Ghaziabad has been directed to probe independently bar leaders moves court for independent probe into death. Today the doctor has said to a press that he has been misreported that he never said Ashutosh Asthana appeared to have died of poisoning and of nothing else. All this creates serious suspicion and doubt in the episode. It has also been noted from press that Union Law Minister has also been shocked to hear the sad demise of suspect Asthana. Now everyone is waiting/watching to see the result of inquiry. As a public interest lawyer I am to request the Honorable Supreme Court of India to kindly get it inquired from a Retired Judge of The Supreme Court of India because as per my considered view and belief, Judiciary is the repository of people's faith, last ray and last hope of the people. The conduct of Jail Authorities/Jail Doctor is highly condemnable beyond condemnable limits. We are looking forward to the temple of Justice.

Pathetic tale of a retd. University professor

Hi everybody in the portal, I am placing the pathetic tale of a senior citizen aged about 75 from Jharkhand within the district of giridih. Mr. Madan Mohan Prasad, retd. university professor after running from dead pillar to dead post.

Problem not solved. preferred second appeal before CIC Jharkhand telling the best of laws cannot get a person justice if the judge is corrupt or incompetent or both.
He Seek support from RTI Crusaders for the redressal.

Misery of RTI in judiciary

Hi everybody, I am placing a glaring case of violation of RTI application before PIO office of the District & sessions Judge, Sahebganj within the state of Jharkhand. The concerned PIO does not received my application which was sent by speed post on the pretext on the envelope it has been written APIO . However after a lapse of statutory period, I have sent my first appeal with the copy of original petition to the first appellate authority cum first additional district & sessions judge, Sahebganj. The first appellate authority has kindly been pleased to register my appeal and called me mechanically without applying his judicial mind to appear before him on 6th jul 2009. When I informed him my inability to attain in person then he keep mum. After lapse of 45 days when i want to know the status of my first appeal then surprisingly the first appellate authority an officer of the rank of additional district & sessions judge wrote a letter to me that he is an in-charge officer and he cant dispose of the appeal when permanent incumbent will come then the appeal will be adjudicated. Finding no way out i preferred second appeal before state information commission jharkhand and the state commission directed the PIO to appear in person on 15 oct 2009 with all the connected papers.

The info was sought for in connection with payment of retiral benefits, leave salary, gratuity, insurance and other dues of a retired civil court employee vishwanath singh. The info also relates regarding the demotion of the said employee without departmental proceeding. The grave concern is that copy of all correspondence has been sent to registrar general Jharkhand High Court. Delay breeds corruption and Administrative side of judiciary requires this pathology atleast in the matters of RTI.

Cutting backlog of cases from Indian courts...

Dr. M Virappa Moily, Union Minister of Law & Justice speaking at the inaugural ceremony of the"National Consultation for strengthening the judiciary towards Reducing Pendency and Delays"The Hon'ble Minister said the creation of National Arrears Grid,focus on training,performance of judicial officers and introduction of the proposals regarding procedural changes.
The another job of grid is very important is that to ascertain and analyse the pendency and actual numbers of arrears in each and every court in the country.In another interesting proposal the Hon'ble minister suggested that judicial courts function in three five hour shifts for which 15,000 posts of judicial officers created for a two year period.He also proposed that retired judges of the high courts and Senior Advocates be offered one year contracts to hear cases in holidays and in the evenings.The minister said details of govt. litigation pending in various courts would be collated and a team of 52 lawyers and 26 law researchers would work under Attorney General G E Vahanvati and Solicitor General Gopal Subramaniam to weed out dead cases.
Hon'ble the Chief Justice of India Mr. Justice K.G. Balakrishnan welcomes the decision on reducing the govt. litigation but lamented the low scale funding for the judiciary.
Moily also said that on the occassion "there is a feeling among the common citizen especially the poor women,the senior citizens and the weaker section of the society that the legal and judicial process is far removed from them.He also said the common man"disenchantment"was manifesting itself in "new forms of violence and strife - civil unrest,armed peasant and tribal movements, Naxalite and Maoist rebellions".
Dr. Moily said the main cause/reason was the feeling of injustice and alienation that led to violence and a break down of civil society"where citizens take the law into their own hands in an effort to secure justice"
In this connection I draw the attention of all concerned including Chief Justice of India/Union law Minister/Attorney General of India/Solicitor General of India and Padmashree Dr. Professor N.R. Madhav Menon,the dynamic ,progressive and a hard task master who is also associated in this programme to prepare the document called vision document placed by law minister before the captains of judiciary at vigyan bhavan yesterday to look after the themes given by Hon'ble Mr Justice Y.K. Sabharwal on 25.07.2006 on delayed justice in Justice Sobhag Mul Jain lecture series and the text and and themes has been circulated by the registry from Supreme Court of India to all the judicial officers of the country through their High Courts.It is also essential to accelerate the "crime against labour cell" constituted in every district of country under the chairmanship of the District Judge of the area with District Magistrate/Deputy Commissioner/Supritendent of Police/Deputy Labour Commissioner of the area/three prominent labour leaders/two prominent Advocates of the District Bar Association and observer from NALSA.A large no. of criminal cases pending in the courts of Magistrates awaiting final forms from police/Investigating agencies,a large no. of cases also pending for orders before the magistracy in which final form is tagged.A large no. of cases also pending for supply of police papers to the accused,a large no. of cases is also pending for trial in lower Courts for different reasons since long,some cases are more than 30 years old(which I will show when required).It requires close scrutiny and devotion by all connected with the system.I assure to give my services if required in this regard.SUGGESTION VIEWS AND IDEAS INVITED.
Dhirendra Prasad
Advocate
Legal Aid Worker and R.T.I. Activist
Giridih - 815301
Jharkhand.