Mismanagement in working of lower judiciary and police depriving of justice to vulnerable section ipso facto

 

Gmail Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com>

Whether missing of file and offenders set scot free can be over looked by ministry of law and justice as exponent of judicial reform in the country?

1 message

Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com> 24 September 2017 at 10:37

To: pmosb <pmosb@pmo.nic.in>, presidentofindia@rb.nic.in, urgent-action <urgent-action@ohchr.org>, supremecourt <supremecourt@nic.in>, cmup <cmup@up.nic.in>, hgovup@up.nic.in, uphrclko <uphrclko@yahoo.co.in>, Anjali Anand Srivastava <secy-cic@nic.in>, "sec. sic" <sec.sic@up.nic.in>

An appeal under subsection 3 of section 19 of Right to Information Act 2005 is being filed before central information commission as follows-

To

                             Chief information commissioner of India

                                   The Central Information Commission

                                               August Kranti Bhawan,

                                                    Bhikaji Cama Place,

                                                    New Delhi - 110066

Appellant-Yogi M. P. Singh S/O Rajendra Pratap Singh

Mohalla –Surekapuram, Jabalpur Road

District-Mirzapur, Uttar Pradesh, India versus

Respondent -1-CPIO Details are as-D. C. Pathak, Department of Justice, Government of India, Email- Unfortunately not available. Phone: Unfortunately, not available.

2- F.A.A. First Appellate Authority Details are as -Y.M. Pandey, Department of Justice, Government of India,

Phone: not available on the R.T.I. online.

Nodal Officer Details- Telephone Number 23385346

 Subject-Sought information was denied by the CPIO in cryptic way through its action dated: 16/08/2017 and First Appellate Authority blindly upheld the denial without considering the consequences of denial in the matter concerned with the serious allegations of corruption and failed law order machinery. Act of CPIO is ultra vires to Right to Information Act 2005 so consequently be subjected scrutiny under section 20 of Right to Information Act 2005.

With great respect to revered Sir, your applicant invites the kind attention of the Hon’ble Sir to the following submissions as follows. 1-It is submitted before the Hon’ble Sir that Right to Information Act 2005 was legislated by temple of rule making body in order to promote transparency and accountability in the working of public authority but it is unfortunate that such cryptic working style of CPIO will never be instrumental in achieving the goal of August act. 

2-It is submitted before the Hon’ble Sir that your applicant sought following information from CPIO, Department of Justice, Government of India as follows- An application under subsection 1 of section 6 of Right to Information Act 2005 to seek information in order to get justice for a woman and her children who were mercilessly beaten by antisocial elements by trespassing into their house in the night and house articles were broken.

Matter is concerned with the missing of file concerned with the legal proceedings in the court of C.J.M. Mirzapur.

Your applicant invites to seek following point wise information from CPIO, Department of Justice of Government of India.

1-In grievance submitted before you as Registration Number: DEPOJ/E/2017/02219, Name of Complainant: Yogi M P Singh your reply is as- This is a judicial matter. Kindly seek legal remedy.

Please, you may provide access to information regarding criteria to decide judicial and non-judicial matters other than pending adjudication before Courts.

2- If the charge sheet filed before Court couldn’t be part of proceedings before a judge still missing, then a dilemma arises here whether the file was actually put before court or concerned were only misled? Please, you make available provision, how does government help its citizenry whose files are missed before reaching to courts concerned.

3- There are so many cases in which court documents are missed so you may provide access to information regarding the action plan, minutes of proceedings in order to curb such practices by the ministry of justice.

4-Neither state concerned nor central government redressing the grievance of vulnerable section on flimsy ground so provide feedback which may be instrumental in seeking justice in such cases of file missing.  

3-It is submitted before the Hon’ble Sir that sought information was denied by the CPIO in the following cryptic manner. How the matter can be judicial if files didn’t reach to court and offenders were set Scot-free in the cryptic manner? If the department of Justice is not entertaining such lacunae and serious illegal practices going on in the function of courts and public prosecutors, then how legal reforms can be expected from department of Justice?

Enter Registration Number

JUSTC/R/2017/51051

Name

Yogi M P Singh

Date of filing

30/07/2017

Public Authority

Department of Justice

Status

REQUEST DISPOSED OF

Date of action

16/08/2017

Reply: - Sir 

Point wise reply to your RTI application is as under

 The observation that -this is a judicial matter. Kindly seek legal remedy- made by this Department was based on the nature of your grievance as the matter was pending in the Court of Law. This Department has not made any criteria to decide Judicial and Non-Judicial Matter as it is not mandated to take such a decision.

ii, iii and iv under Article 235 of the Constitution of India, the administrative and disciplinary control over the members of subordinate judiciary in the States vests with the concerned High Court and the respective State Government. Further, in excise of powers conferred under provision to Article 309 read with Article 233 and 234 of the Constitution, the State Government frames Rules and Regulation for subordinate judiciary in consultation with the respective High Courts. You may, therefore, approach the PIO or PIOs of the concerned State Governments or High Court as the case may be for obtaining the desired information. 

Yours faithfully

D.C. Pathak

Under Secretary and CPIO

CPIO Details :-

D. C. Pathak

Phone: 

First Appellate Authority Details :-

Y.M. Pandey

Phone: 

Nodal Officer Details: -

Telephone Number

23385346

4-It is submitted before the Hon’ble Sir that aggrieved with the denial of CPIO, your appellant preferred to file an appeal under subsection 1 of section 19 of Right to Information Act 2005 as follows registered as JUSTC/A/2017/60049.

Prayer or Relief Sought

Provided information by CPIO is incomplete, misleading and showing arbitrariness in the light of following points.

Constitution and organization of the High courts and the courts of Judicial Commissioners except provisions as to officers and servants of these courts.

Constitution and organization of courts in the Union Territories and fees taken in such courts.

Administration of funds approved under Finance Commission awards.

Collection of data on institution, disposal, pendency of cases in courts and monitoring the status of under trial prisoners.

Initiate policy measures for judicial reforms.

Whether ministry of law and justice can justify its stand by taking recourse of which it overlooked anarchy.

Matter is concerned with the missing of charge sheet which was to be filed in the court of C.J.M. Mirzapur. Police says it has filed the charge sheet and court staffs deny it and consequently all the accused were set scot free in cryptic manner.

Aforementioned e-mail representation as PDF attachment to the appeal submitted under subsection 1 of section 19. This PDF document is also attached with this second appeal under subsection 3 of section 19.  

5-It is submitted before the Hon’ble Sir that whether the judicial reform as Initiate policy measures for judicial reforms is feasible if such corrupt practice will remain continued in our government machinery?

Enter Registration Number

JUSTC/A/2017/60049

Name

Yogi M P Singh

Date of filing

19/08/2017

Public Authority

Department of Justice

Status

APPEAL DISPOSED OF

Date of action

15/09/2017

Reply :- I have examined the record which is available online. The appellant had asked certain information which is not part of any record maintained by Department of Justice. The information asked by the appellant is not available with CPIO and he is also not required to maintain the information as the subject matter of the information sought is beyond the jurisdiction and scope of his duties. Under RTI Act, 2005, it is beyond the jurisdiction and scope of duties of CPIO to give explanation, opine, comment or advise on any matter. Therefore, there is no ground for making appeal. 

There is no merit in the appeal and disposed of accordingly.

Y.M. Pande, Director and 1st Appellate Authority

Nodal Officer Details :-

Telephone Number

23385346

6-It is submitted before the Hon’ble Sir that whether it is not wrong practice prevalent in this largest democracy in the world that files are missing and offenders are set scot free. Under Article 32, Right to justice is the fundamental right of a citizenry but where is this right if file will remain missing in the cryptic manner. Every judicial reform is cheating with the citizenry if such matters concerned with wide public interest will be overlooked by core ministry like ministry of law and justice of the central government.

    This is a humble request of your applicant to you Hon’ble Sir that how can it be justified to withhold public services arbitrarily and promote anarchy, lawlessness and chaos in an arbitrary manner by making the mockery of law of land? There is need of hour to take harsh steps against the wrongdoer in order to win the confidence of citizenry and strengthen the democratic values for healthy and prosperous democracy. For this, your applicant shall ever pray you, Hon’ble Sir.                                                          Yours sincerely

Date-24/09/2017              Yogi M. P. Singh, Mobile number-7379105911, Mohalla- Surekapuram, Jabalpur Road, District-Mirzapur, Uttar Pradesh, Pin code-231001.

3 attachments

Atul Singh sought justice from CJM Mirzapur but file is missing.pdf

546K

Whether ministry of law and justice can justify its stand by taking recourse of which it overlooked anarchy_.pdf

320K

Atul Singh submitted grievance before concerned court to get reprieve against injustice.pdf

1680K

Grievance Status for registration number : GOVUP/E/2017/06273

Grievance Concerns To

Name Of Complainant

Yogi M P Singh

Date of Receipt

03/06/2017

Received By Ministry/Department

Uttar Pradesh

Grievance Description

Subject-In order to comply the order dated-22/09/2016 passed by chief judicial magistrate, district court –Mirzapur, Uttar Pradesh, charge sheet was filed by Vindhyachal police, district –Mirzapur on 24/10/2016 but file is neither available to Vindhyachal police and nor available in the court of aforementioned magistrate. Please take the perusal of page 1, 2 and 3 of attached PDF documents.

In short, description of concerned matter is as follows-

1-In first page of attached PDF documents, superintendent of police Mirzapur informed government of Uttar Pradesh through its special secretary Mr. Ajay Kumar Singh in regard to non cognizable report registered in kotwali Vindhyachal as N.C.R. No.-75/15.

2-In second page of attached PDF documents, superintendent of police Mirzapur was informed by in-charge of police station Vindhyachal, district -Mirzapur regarding N.C.R. No.-75/15.

3-In third page of attached PDF documents, charge sheet dated-24-10-2016 filed by Head constable police Achchhay Lal Bharti as investigator in the case.

4-In fourth to sixteenth page of attached PDF documents, there is description of complaint submitted by aggrieved Atul Singh S/O Krishna Kumar Singh.

5-Concerned matter is clean and explicit like mirror as ;an application was made to chief judicial magistrate by Atul Singh S/O Krishna Kumar Singh on 17-09-20016subsequently order dated-22/09/2016 was passed which compliance was made by police station Vindhyachal, district -Mirzapur on 24/10/2016 by filing charge sheet in the case.

Here this question arises that how can it be feasible that now the file of complainant’s complaint is neither available to Vindhyachal police nor court of chief judicial magistrate?

This is humble request of your applicant to you Hon’ble Sir that how can it be justified to withhold public services arbitrarily and promote anarchy, lawlessness and chaos in arbitrary manner by making mockery of law of land? There is need of hour to take harsh steps against wrongdoer in order to win the confidence of citizenry and strengthen the democratic values for healthy and prosperous democracy. For this your applicant shall ever pray you Hon’ble Sir.

Yours sincerely

Yogi M. P. Singh, Mobile number-7379105911, Mohalla- Surekapuram , Jabalpur Road, District-Mirzapur , Uttar Pradesh. Pin code-231001

Grievance Document

Current Status

Case closed

Date of Action

03/06/2022

Remarks

प्रकरण गृह विभाग से संबंधित है

Rating

1

Poor

Rating Remarks

Whether it is not a mockery of the law of land that after 5 years from the date of submission of the grievance learned staff of the Government of Uttar Pradesh could know that the matter concerns the department of home and it was not forwarded to the department of home but closed on the basis of the report that the matter is concerned with the department of home. Everyone knows that if the matter concerns the department of home then it can be redressed by the department of home only and report have to be invited from the department of home and it is showing the complete anarchy and lawlessness in the working of the Government of Uttar Pradesh which is the exemplary in maintaining law and order states in the India.

Officer Concerns To

Officer Name

Shri Bhaskar Pandey (Joint Secretary)

Organisation name

Government of Uttar Pradesh

Contact Address

Chief Minister Secretariat, Room No. 321, U.P. Secretariat, Lucknow

Email Address

bhaskar.12214@gov.in

Contact Number

05222226350