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Monday, November 25, 2024

If we don’t get justice as per rule of law we shall be committing suicide

Posted in: Criminal Law
Mon, May 13, 19, 18:30, 6 Years ago
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If we don’t get justice as per rule of law we shall be committing suicide and we have communicated this to President, CJI and individually all judges of SC

Dear sir,
I happen to come across impact on judiciary due to your efforts.

Mine's is a case that would interest you. A copy of application in affidavit addressed to President, chief justice of India, and other judges of Honble Supreme court of India is enclosed. It is self explanatory.

Case is simple but represents the sorry plight of delivery of justice in India for an important and basic  subject like payment of wages for survival. I have worked for Debts recovery tribunal pune , a judicial body under statute, in the interest of Bank of India, an organization deemed state in terms of article 12 of Constitution of India. There is no single complaint against me. There are emteen laws protecting consideration of the workers/services providers. The due payment to me is ascertained by MSMEDF COUNCIL PUNE, as per provisions of special enactment 'The Micro Small and Medium Enterprises Development Act 2006'and 'The Arbitration and Conciliation Act, 1996', for the purpose to deliver prompt payment with penal interest as a matter of right to avoid sickness and closure of SMEs. The due payment has been upheld by all lower courts.
BUT IT IS at the Honble Supreme court of India level, purely, knowingly on wrong grounds, just to favor an eminent senior counsel that a partially executed arbitral award has been set aside in violation of sec 5 of 'The Arbitration and Conciliation Act,1996', by fraud. Just observe how easily judicial authority is misused and abused by those who are entrusted to protect it.

I am fighting for dues of 125 months for last 156 months personally from court to court.

I am decree holder who partially received some amount in execution proceedings. And it is the executioner court who to respect wrong order of Honble Supreme court of India has gone beyond the order and ordered that I should be arrested and civil imprisoned.

It is an established principle of law by well settled precedents that an order obtained by fraud is nullity and can be recalled by any court at any time. However Honble Supreme court of India denied considering my true facts in Review petition 777/18, writ petition 189/18, and MA 237/19.

This is mainly because our system allows and entertains cases from advocates on illegal untenable pleas. And further because the judiciary, with absolute authority, blanket immunity, and unrestrained discretionary powers that the judges fearlessly tread beyond rule of law to support their advocate colleagues.

This cannot be a rare case. The ease and justification it has been done reflects the familiarity. The situation is very serious and pregnant with revolt like response. And a very very sad thing for democracy and faith in delivery of justice.  Poor people are suffering mutely, Criminality is increasing, criminals can influence and are not scared of law anymore, educated class is migrating, and many are committing suicides.
If we don't get justice as per rule of law we shall be committing suicide and we have communicated this to President, chief justice of India and individually all judges of Hon'ble Supreme court of India.
Believe me with all my honesty at your disposal, I am voicing millions and millions. I earnestly request you to highlight this so that guilty are at least scared off.
Please feel free to ask for details, and clarifications if any required.

Written by: Prakash Yadav, Ph no: 09881711288

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