(2) 2nd All India DRT Conference – Highlights of the Program -
PowerPoint Presentations and Articles on the Talks – Questions & Ansewers
The
final program is being chalked out. The highlights are as under:-
(1) The main objectives are short term and long term
solutions to the problems faced by litigant Borrowers and Guarantors in DRTs,
ADRTs, Civil Courts, Co-operative Courts, Arbitrators, High Courts and
Suprme Courts.
(2) While short term solutions are being provided on
day-to-day basis, the long term solutions will be tackled with series of
PILs on various topics.
(3) The speakers will cover all the above topics using
uniform format for the PowerPoint Presentations. The Articles on the talk
will be based on the various slides of the PowerPoint Presentations.
(4) The Participants are requested to put down their
questions on paper slips to be delivered just after conclusion of talks. The
Answer session will be just after one hour during which the speakers will
sort out the questions, combine the common questions and prepare the
answers.
(5) The entire proceedings will be video recorded. There will
be a digital clock on the podium. The time shown will serve as the index.
Hence any important point may be noted with reference to the time shown on
the clock. This will be useful in searching the location on the DVDs.
(6) The DVDs will be widely distributed to those who have not
attended the conference. The DVDs will have the formats for the DVD Players,
MP4 format for the Tablet PCs and audio for the i-pods.
(7) A summary DVD giving the highlights in 5 minutes will be
sent to eminent persons in Judiciary and Bar Association, eminent persons in
business, trade and industry.
(8) Hence the fall out effects of the Conference are wide and
all pervading to the society.
(9) Keeping all the above, the program is being chalked out.
DRT Solutions Weekly Mail – 137th Issue
dated 24th December
’10
(1) 2nd All India DRT
Conference – First List of Participants who have registered and are definite
to attend the Conference – Unique Opportunity for Interactions with DRT
Litigants from various parts of the Country - last date of payment extended
to 31st Dec. ’10
(a) We
are still receiving lot of queries about the extension of date of payment
for participation in the DRT Conference. Hence the date of payment has been
further extended to 31st December
’10.
(b) We
have been quite specific about the goals and objectives of this Conference
i.e. Defence of Borrowers and Guarantors in DRTs. Accordingly we have
declined to several interested persons such as bankers, students, general
advocates, real estate persons etc. We just don’t want to have a crowd. It’s
an interaction among really interested persons to achieve positive results
in a very opposing and hindering environment. Accordingly now we are
releasing the first list of participants as under.
(c) The
following persons have registered and made all definite arrangements to
attend the Conference. There are few more persons who are expected to
attend. As soon as we receive their confirmation and details to attend the
Conference, the same will be published in the Conference Update Mails. As
may be seen from the list below, the participants are from wide disciplines
viz. Industrialists, Businessmen, Advocates, ex-Bankers, FCA, Legal Advisor,
Consultants etc. Some of them are from far off places like Belgaum, Kolkata,
Salem and Vijaywada etc.
(d) If
there is any mistake in the following particulars or if the name is missing,
the person concerned may please inform the facts by mail to correct our
records.
(2) Some of the Important Topics, Questions and Queries from the
Participants – the same will be dealt with by the Experts in the DRT
Conference
We
are receiving lot of important Topics, Questions and Queries from the
participants to be dealt with by the experts in the Conference. Some of
these are as under:-
(a) Various
problems of guarantors including discharge.
(b) Safeguards
in respect of proceedings u/s 14 of the Securitisation Act.
(c) Specific
problems of DRT Litigants in High Courts and Supreme Court.
(d) Securitiisation
and Arbitration under Co-operative Act.
(e) Filing
claim for loss and damaged in the Application u/s 17 of Securitisation Act.
(f) DRT
proceedings, BIFR jurisdiction, winding up proceedings etc.- impact thereof.
(g) Impact
of simultaneous proceedings under DRT Act and Securitisation Act.
(h) Legality
of Deposit in DRAT in respect of interlocutory orders.
(i) Writ
Petition relating to transfer of DRTs from Ministry of Finance to Ministry
of Law.
(j) PIL
Writ Petitions relating to DRT matters.
(k) Execution
after DRT Proceedings.
(l) Application
of Modern Management and Latest Technologies in DRTs
We
request the participants and readers of our weekly mail to send us their
questions and queries so that the same are covered by the experts in the
Conference. Suggestions are also invited.
DRT Solutions Weekly Mail – 136th Issue
dated 17th December
’10
(1) 2nd All India DRT
Conference – Program – Most Useful Deliberations on Current DRT Topics
(1)
The tentative program of the Conference is as under. The speakers will deal
with most current topics from the angle of practical utility for defence of
borrowers and guarantors. It is an unique opportunity for the litigants and
advocates to acquire immense valuable knowledge in a short period of one and
half day.
(2)
Questions and suggestions are invited from one and all so that the same are
covered in the Conference.
(3)
Those who have remitted the registration fee are requested to convey their
mobile no and postal address again to update our records.
08.01.11 - Saturday
4 PM to 4:30 PM - Registration
4:15 PM to 4:45 PM - High Tea
5:00 PM to 5:10 PM - Welcome by Mr. T.R. Radhakrishnan. Ex-Senior Banker,
Associate DRT Legal Solutions, Indore
5:15 PM to 6:15 PM - 'Major Problems in Defence in Securitisation Act' - A
Talk by Mr. B.K. Dubey, Advocate & Associate DRT Legal Solutions, Indore
6:15 PM to 6:45 PM - Questions and Answers on Securitisation Act
7:00 PM to 8:00 PM - 'Importance of Production & Inspection of Bank
Documents' A Talk by T.R. Radhakrishnan, Ex-Senior Banker, Associate DRT
Legal Solutions, Indore
8:00 PM to 8:30 PM - Questions and Answers on Bank Documents
8:30 PM to 9:30 PM - Dinner
09.01.11 - Sunday
9 AM to 9:30 AM - Breakfast
9:45 AM to 10:45 AM - 'Counter-claim and Damages in DRT Defence' - A Talk by
Ram Kishan
11:00 AM to 11:15 AM - Tea
11:00 AM to 11:30 AM - Questions and Answers on Counter-claim and Damages
11:30 AM to 12:30 PM - 'Secured
Creditor Can Not Take Measures u/s 13(4) of Securitisation Act
Against Guarantor' - A Talk by N.K. Sharma, ex-GM (Law), Associate, DRT
Legal Solutions, Indore
12:30 PM to 1:00 PM - Questions and Answers on Securitisation Act &
Guarantors
1:00 PM to 2:00 PM - Lunch
2:15 PM to 3:15 PM - 'Transcore and Natural Justice' A Talk by Mathews J.
Nedumpara, Advocate, Mumbai
3:15 PM to 3:45 PM - Questions and Answers on Natural Justice
3:45 PM to 4:00 PM - Tea
4:00 PM to 5:00 PM - 'Public Interest Litigations' - A Talk by Satya Pal
Anand, Famous PIL Expert, Indore
5:00 PM to 5:30 PM - Questions and Answers on PIL
5:30 PM - Presentation of Mementos, Vote of Thanks & Vande Mataram
(2) 2nd All India DRT
Conference – Certain Queries and Answers
(1) The
Registration Fee does not include the Accomodation Expenses. The
participants have to make their own arrangements for their one night stay on
08.10.11.
(2) We have
drawn up the program in such a manner so that one can arrive comfortably in
the morning of 08.01.11 i.e. Saturday, fix up his night stay and arrive at
the venue i.e. Sayaji Hotels, Topaz Hall at 4 PM for Registration and High
Tea. The Program will commence by 5 PM. The dinner will be at 8:30 PM.
(3) The
program on next day i.e. 09.01.11 will commence at 9 AM with breakfast, tea
at 11 AM, Lunch at 1 PM and tea at 3:45 PM. The DRT Topics willl be over by
3:45 PM.
(4) Those
who desire to meet Mr. Ram Kishan may stay back and meet him on Monday i.e.
10.01.11 just after 11 AM. Prior appointment may be fixed on his mobile
phone no 09691103689.
(5) We
are overwhelmed by the response from our clients and their advocates. Many
of them had attended Chennai Conference in 2007, Indore Conference in 2008
apart from meeting us in between. Despite such interactions, they have been
keen to attend the ensuing Conference on 8th and
9th January 2011. The
repeat value of interest shows and confirms the value of such conferences
exclusively in the field of DRT Defence.
(6) Oue
goal is to improve and modernize the Judical Function in DRTs so that such
improvements provide a workable model for the Judiciary as a whole. Hence we
request all our clients and their advocates to involve themselves fully,
convey us their problems and suggestions on constant and continuous basis
keeping their own interests as well as the interests of the society as a
whole.
DRT Solutions Weekly Mail – 135th Issue
dated 10th December
’10
(1) PIL on IPC 498A - prepared and filed in one day – Spirit of Mr. Satya
Pal Anand
The following
incidence shows the indomitable spirit of Mr. Satya Pal Anand, well known PIL
Crusader, 80 years young:-
(1) On
07.12.10 at 11 AM I visited Mr. Satya Pal Anand. He showed me the Supreme
Court judgement reported
as (2010) 7 SCC 667 Preeti Gupta
vs State of Jharkhand. He said
he has decided to file a PIL in Supreme Court as several innocent persons
have been harassed by wicked ladies misusing the provisions of law contained
in 498 A of IPC.
(2) He
desired my help to e-file the said PIL. I told him that the PIL must be
first typed on Computer. He sat down on Computer and with my guidance, he
typed the entire PIL by 6 PM.
(3) He
accompanied me to my residence to e-file the same. After necessary
formalities i.e. printing, scanning the pages having his signature, creating
his ID in the e-filing system of Supreme Court, converting the documents in
PDF form etc, the said PIL was e-filed by 9:30 PM. The court fee expenditure
was only Rs. 120=00 paid through credit card compared with substantial expendure
involved in visiting Delhi and spending 2 days of travel. He was so happy
that he narrated his experience in a Video Interview recorded on the same
day.
(4) He
saw and experienced the following advantages of modern technology:-
(a) corrections
on manual typewriter are difficult, shabby and time consuming
(b) Presentation
on electronic form is neat, clean and fast. The data storage is much
convenient. The data transportation is extremely fast and cheap.
(c) E-filing
is quick and cheap and is available 24 X 7 without any physical movement.
(d) The
time thus saved can be spent for other useful activities.
(5) We
are trying our best to train him in use of modern management and technology
to send a message that it is much better option than just to increase the
number of judges and when Mr. Anand at his age of 80
years can do it, why other Advocates and Judges can also not do it. When
they are using latest Mobile, latest TV, latest Cars etc., why they should
continue with bullock cart age technology of paper and oral presentation in
Court Rooms.
(2) 2nd All India DRT
Conference on 8th and
9th January 2011
The preparations
for the said Conference are in full swing and the latest status is as
under:-
(1) Several
persons have approached us to attend the Conference and hence we have
decided to extend the last date for Registration as 20th December
’10. Those desirous of attending should take our permission through e-mail
before remitting their registration fees.
(2) Several
eminent persons have approached us to deliver the talk. We reiterate that
our focus area is ‘Defence of Borrowers and Guarantors in DRTs’ The talk
should be useful with practical angle to the litigants.
(3) The
person desirous to deliver their talks may discuss the matter over phone
with us.
(4) We
have already planned the following talks:-
(a) Practical
Defence in Securitisation Act
(b) Counter-claim
and Damages in Bank litigations
(c) Bank
Documents which are needed for production and Inspection
(d) Modern
Management and Technology in Indian Judiciary.
(e) Mr.
Satya Pal Anand on PIL
(f) Questions
and Answers on all above topics.
(5) Pl
inform your questions which you desire to be covered in this Conference.
(6) Separate
Mails will follow on the DRT Conference.
DRT Solutions Weekly Mail – 134th Issue dated
2nd December ’10
(1) DRAT Mumbai Verdict imposing Deposit with Appeal against DRT Orders
relating to Interim Applications needs to be challenged as PIL in
Supreme Court
One of our clients
from Nagpur has sent us copy of order dated 29.10.10 of DRAT Mumbai in the
matter of Vinay Containers (P) Ltd vs Axis Bank holding pre-deposit of 25%
even in respect of Interlocutory Applications. Our observations are as
under:-
(a) We are not
aware whether Vinay Containers (P) Ltd has resorted to Review and Appeal
against the said order.
(b) If any Review
and Appeal has been filed, we are not aware about the proceedings.
(c) Such order of
DRAT Mumbai will affect all the litigant borrowers till there is any
favourable verdict of higher courts.
(d) Our view is
that on one hand, the suffering litigants have no option but to fight
against such orders, since it will affect others also not today but
tomorrow; it will be advisable to fight a such orders by way of PIL on a combined
front. We request all our clients in Mumbai, Nagpur and Pune to come
together on a joint platform and file a PIL in Bombay High Court and if
needed in the Supreme Court. Those who are interested in such joint action,
may talk to us on phone.
(e) We have
discussed the matter with Mr. Satya Pal Anand of Indore who specializes in
PILs and filed and contested thousands of PILs past 4 decades. He is
prepared to undertake the above matter.
We have separately
informed our clients in Mumbai, Pune and Nagpur vide copy of the mail
reproduced below:-
Dear Sir,
The following
extract is being published in tomorrow's weekly Mail. This copy is being
sent to all our clients in Mumbai, Nagpur and Pune. I feel that Mr. Haresh
Gandhi, Mumbai (M-09322641912) should take the lead in organizing the joint
front.
If it is decided to
file the PIL through Mr. Satya Pal Anand, we shall organize the same from
Indore.
With best wishes,
Ram Kishan
(2) Writ can not be filed against the Private Banks like ‘ICICI Bank’ –
Hence such banks can not raise the bogey of ‘Public Funds’
Mr. N.K. Sharma, our
associate and ex-GM (Law) has informed the following news item which is self
explanatory
http://legalperspectives.blogspot.com/2010/11/no-writ-to-return-vehicle-recovered-by.html
15 NOV 2010
That the scope of writ petitions is limited largely against the State is a
proposition well founded in the jurisprudence which has developed under the
Constitutional precincts. In this respect the Constitutional Courts of India
have consistently declared that writ petitions would not be issued against
private parties where such parties are not performing state/statutory
functions. In this line we came across this decision wherein a High Court
refused to issue writ against a private bank wherein the allegation
was of illegal recovery of vehicle by the bank against the borrower. While
the Court declared that there may be a right, the remedy availed was
inappropriate.
The Calcutta High Court in a recently reported decision [Rabindra Kumar
Singh v. State of West Bengal, AIR 2010 NOC 949] clarified the law in
this respect by passing the following judgment;
ICICI Bank Limited, the fifth respondent in the pending art.226 petition
dated March 5, 2008, has filed this application for dismissal of the
petition on the ground that it is not maintainable. It is submitted that the
application has been served. Affidavit of service has been filed. None
appears to oppose the application.
The principal reliefs seeking which the petition has been filed are these:
"(a) A writ in the nature of Mandamus commanding and directing the
respondents and their men, agents and/or associates, specially upon the
respondent no.4 to take immediate steps in terms of illegal dispossession of
the vehicle of the petitioner from his rightful possession. (b) A writ in
the nature of Mandamus directing the respondent No.5 to take the
part-payment of the due installments from your petitioner in respect of the
above mentioned vehicle. (c) A writ in the nature of Mandamus directing the
respondent No.5 to release the Jute as early as possible which is in his
custody till now."
The petitioner purchased a truck financed by ICICI Bank. Alleging that he
failed and neglected to pay the loan
according to
the terms and conditions of the agreement between the parties, and that the
contract entitled it to repossess the vehicle, ICICI Bank took possession of
the vehicle on February 10, 2008
under an inventory of that same day, Annexure P2 at p.20. By a letter of
that same day, Annexure P4 at p.22, it informed the petitioner that his
failure to pay the amount mentioned therein would compel it to dispose of
the vehicle.
On February 12, 2008 the petitioner sent by post a letter of that same day,
Annexure P3 at p.21, to the officer in charge of Itahar police station in
Uttar Dinajpur alleging that on February 10, 2008 certain unknown persons
forcibly took possession of the vehicle. He then gave a reply dated February
26, 2008, Annexure P5 at p.23, to the bank's letter dated February 10, 2008
through his advocate offering to pay the loan. Then seeking the above-noted
reliefs he brought this petition.
ICICI Bank is not a state within the meaning of art.12 of the
constitution and no public law element was involved in the action it took
for repossession of the vehicle. It repossessed the vehicle in exercise of
its pure private law contractual right flowing from the contract between the
parties. On the basis of the letter dated February 12, 2008 the police could
not recover the vehicle from it and restore possession thereof to the
petitioner. In exercise of power under art.226 this court cannot direct the
bank to accept any amount from the petitioner and return the vehicle and
goods.
I am, therefore, of the view that the bank is right in
contending that the petition is not maintainable. The petitioner's remedy,
if any, was before the appropriate civil and criminal courts.
For these reasons, I allow the application and dismiss the art.226 petition.
DRT Solutions Weekly Mail – 133rd Issue dated
25th November ’10 – Camp Haridwar & Sagar
(1) Another Important Reason for Video Recording of Court Room
Proceedings
Mr. N.K. Sharma, our
associate and ex-GM (Law) continued interactions in his professional circle
on the matter of ‘Video Recording of Court Room Proceedings’. Following
extract from his said interactions highlights another important reason for
video recording of court room proceedings is given below and is self
explanatory:-
Forwarded Message
----
From: Corporate &
Legal Professionals of India <groups-noreply@linkedin.com>
To: Narendra Sharma
<nkdewas@yahoo.co.in>
Sent: Sat, 20
November, 2010 7:47:15 PM
Subject:
New comment on "Why Oral Arguments in Courts need to be Video Recorded?"
LinkedIn Groups
Group: Corporate &
Legal Professionals of India
Discussion: Why Oral
Arguments in Courts need to be Video Recorded?
I'd like to add to
the benefits already listed above. One of the issues faced by us lawyers,
atleast in trial courts, is that once the oral arguments have been completed
and the matter posted for judgment/ order, it is found that the particular
presiding officer has been transferred and the court now has a new PO who
would then listen to the arguments afresh leading to prolonged delays. If
the oral arguments are available in audio/ video, hopefully this should go
on to reduce the delays in such cases.
Posted by Ritesh
Chandra
(2) Sorry State of Affairs in Indian Court Rooms, Apathy and Insensitivity
of Judges – Feedback from Public
Public is highly
dissatisfied with the India Judiciary due to sorry state of affairs in
Indian Court Rooms as well as apathy and insensitivity of Judges. Mr. N.K.
Sharma, our associate and ex-GM (Law) has sent the following extract of his
interactions and is self explanatory:-
Forwarded Message
----
From: Corporate &
Legal Professionals of India <groups-noreply@linkedin.com>
To: Narendra Sharma
<nkdewas@yahoo.co.in>
Sent: Tue, 23
November, 2010 12:09:07 PM
Subject:
New comment on "'I have lost faith in judiciary, want to commit suicide' -
Hindustan..."
LinkedIn Groups
Group: Corporate &
Legal Professionals of India
Discussion: 'I have
lost faith in judiciary, want to commit suicide' - Hindustan...
A recent statistic
says that Govts (both Central and State) are the biggest litigants and the
main reason why the system is clogged. The power to appeal is with the
lowest ranked official while the power NOT to appeal is with the highest
ranking officer. No doubt all decisions against the Govt are automatically
appealed without application of mind.
Further do you know
that in many High Courts hardly two to three hours work gets done every day
(and this work is mainly adjourning the many cases that come up). Judges are
busy otherwise than in their work.
Do you know that in
Madras High Court all the judges take recess at 12.30 pm on each Friday for
a peculiar reason: to read Namaz. Where in the world have you heard this
sort of behaviour? And ours is a secular country!!!
Who will put a stop
to this nonsense!!!
The Judges are a law
unto themselves, and no one has the authority or the audacity to question
them or their behaviour.
Let us form a
Citizens Group to agitate for a more pro active and litigant friendly court
system all over the country.
Posted by
SWAMINATHAN GANESH
Our Comments
The present setup of
Indian Judicial System has totally failed. In past 60 years, its achievement
is only year to year increase in pendency and now there are mwore than 3
crore cases pending and worst part is that the pendency continues to grow
from year to year. It is relevant to note that a sitting High Court Judge of
Andhra Pradesh has openly said that it will take more than 320 years to
clear the pendency.
It is relevant to
note that Justice Krishna Iyer said in 1988 that our Indian Judicial System
is 200 years behind the developed countries.
There is no option
first to recognize that the present Judges and Advocates can not improve the
system as has been long experience of past 60 years.
Now there is no
option but to learn the method of working in develop countries. Lot of
material is available on internet. In USA they first constituted a High
Power Body of eminent citizens who suggested, supervised and monitored the
Judicial System. It is high time the Judges and Advocate should surrender
before the public and hand over the management of Judicial System to public.
The more delay means more problems from the public.
Similarly, the DRTs
should be guided, supervised and monitored by a High Power Committed
constituted by Industrialists and Businessmen and not the bueauracracy of
bankers or judicial officers like advocates and judges.
DRT Solutions Weekly Mail – 132nd Issue dated
18th November ’10
(1) E-filing in Supreme Court – Our Experience
Last month on
05.10.10 we e-filed a PIL Writ in the Supreme Court. The process took hardly
5 minutes and the expenditure was Rs. 350 only. The defects were
communicated by the Filing Counter of the Supreme Court by e-mail on
21.10.10. We cured the defect on 01.11.10 and tried to refile on 03.11.10.
There were problems with the Server of the Supreme Court. We talked to
Registrar Judicial and took up the matter through e-mail. The response of
the Registry was quite good and even the Dy. Registrar rang us and informed
that the problems will be solved within 2 days. Finally the documents were
refilled on 16.11.10 and the expenditure was Rs. 480 only. The following is
the outcome of our experience of e-filing:-
(a)
It avoids physical movement and physical presentation of documents.
Hence it greatly saves time and expenditure.
(b)
On account of such saving of time and money, it improves resource
utilization of the person concerned as well as the society.
(c)
We intend to commence a movement so that the process of e-filing is
introduced in DRTs and High Courts
(d)
A PIL has already been filed in MP High Court to introduce the said
process of e-filing in High Court. We shall widen the scope of the said PIL
to extend it to cover the DRTs.
(e)
If anyone is interested to file such PIL in their state, he is
welcome to contact us through e-mail, we shall provide the copy of the PIL
filed by us.
(f)
It is needless to mention that the entrepreneurs, businessmen and
industrialists whose cases are going on in DRTs should take a lead to
introduce and spread the culture of e-filing of the documents. We shall
provide all the information and technology.
(2) All India DRT Conference on 8th and 9th January
’11 at Indore – Aims and Objectives
We are being
approached by bankers, property dealers and advocates to attend the said
Conference. We have told all such persons that we are highly focussed on the
‘Defence of Borrowers and Guarantors in DRTs’ for the simple reason that
trial is highly neglected and the deficiencies and trials become incurable
in higher courts. Lot of competent advocates are available for High Courts
and Supreme Court but there is great dearth of experienced trial lawyers in
DRTs. Our prime objective is to provide maximum possible practical
knowledge to such trial lawyers in DRTs. Hence we have given first
preference to our existing clients and their advocates. If there is any
vacancy, the next preference will be to Advocates who are practicing in DRTs.
With such category only, our seats are expected to be fully occupied. Hence
we are telling other persons to excuse us. However they are free to purchase
the DVDs of the Conference. The price of the said DVDs will be announced
just after the Conference.
In the meantime we
again request our clients and their advocates to deposit their contribution.
The availability of seats is getting limited and reservation is being done
on first come first served basis. As soon as the requisite seats to the
capacity of the hall is over, we shall announce the closure of Registration
for the Conference.
We also request
the prospective participants to convey their problems so that the same
are covered by our speakers.
DRT Solutions Weekly Mail – 131st Issue dated
12th November ’10
(1) Need & Importance of Video Recording of Evidence – Kerala High Court
emphasizes the same in its judgment of 2008
We have been quite
vociferous on this issue and raised this matter in our several weekly mails.
Mr. N.K. Sharma, ex-GM (Law) and our associate mentioned the same in one of
the legal social sites ‘Lindedin’ where one of the members gave a very
useful information reproduced below. We are trying to get the full judgment
and in the meantime we request the readers to provide the same if it is
possible for them:-
Observations made by
the Honourable High Court of Kerala on the need for video recording the
proceedings in Bhagavat Singh v. State of Kerala. 2008 (4) KLT 1047 [R
Basant, J]
“9. It is perhaps
shocking to note that courts in the state continue to follow the archaic
procedure of manual recording of the oral evidence in his hand by the
Presiding Judge. He hears the evidence and records the same in his own hand.
Science and Technology on this aspect does not appear to have peeped into
the Kerala Court halls at all. The amount of Judicial hours spent (or
wasted) on the manual recording of oral evidence in courts is shocking. In
an age when it must easily and inexpensively be possible to have audio and
video recording of the oral evidence of the witnesses, we are still guilty
of continuing with such archaic, time consuming, less efficacious and less
efficient procedure of manual recording of evidence. The introduction of the
procedure of video/audio recording of evidence will at one stroke make trial
much faster, much more efficient and efficacious. It shall eliminate room
for complaints like the one raised in this case. It shall take away the
tedium and monotony of trials from the court rooms. It shall help the
Appellate Judge and superior courts to see for themselves the demeanour of
witnesses which today is the monopoly of the Trial Judge.... I do hence
express my anguish and hope that qualitative changes shall be forthcoming in
the near future.”
Our Comments
(1)
In our pleadings we have been mentioning about the video recording of
evidence of the bank officials including their Chairman. With above ruling,
our contentions are strengthened.
(2)
The above combined with the provisions of the Information and
Technology Act 2000, we have now a very strong legal base for recording of
video arguments.
(3)
In one of the PILs filed recently by us in the matter of corrupt CJIs,
we have sought permission of the court to video record of the proceedings.
(4)
The video recording by Handycams is very easy. The DRT litigants
should initiate the same in their cases.
(5)
It is needless to mention that in developed countries like US and UK
past 30 years, all the proceedings are audio and video recorded alongwith
the transcription of the same to be provided to all the parties on the same
day. Our CJIs were visiting these countries along with their wives and
spending crores on these trips but the said systems have not yet been
introduced. Instead of improving the judicial system, their attention was
somewhere else.
(6)
It is no wonder that Justice Krishna Iyer said that in Indian Court
rooms we are backward by 200 years. Still after such remarks in 1988,
nothing has been done so far.
(7)
We are hopeful that the determined DRT litigants will take up as
crusade the video recording of proceedings and evidence in DRTs. The real
performance of the advocates and judges will get recorded and the quality of
proceedings and orders will be greatly improved.
(2) PIL in the matter of functioning & control of DRTs – our contentions
echoed vide news item in the Economic Times dated 8th Nov ‘10
The Economic Times,
Mumbai in its issue dated 8th Nov ’10 has published a news item
captioned ‘Super Regulator proposed for 62 quasi-judicial bodies’ – Experts
question single body for overseeing many areas. The said news item mentions
many of the points which we have been raising in our weekly mails as well as
in our web site.
An important issue
of Administrative control by the parent ministry has been questioned by the
Supreme Court. The same has been covered in a writ petition recently filed
by one of our clients in Vijayawada and admitted by Andhra High Court.
In light of above,
more such writ petitions are expected to be filed by our clients in various
states in the country.
It is relevant to
note that in UK, the tribunals were introduced in 1800 and it took more than
150 years to achieve proper working of these tribunals which are controlled
by a body consisting of eminent citizens which was the recommendation of
Franks Committee in 1957. At present, it is unthinkable for our judicial
authorities to achieve such change. We are still continuing with the legacy
of British Ruler though they have changed the same in their country.
