To
All the Hon’ble
Chief Justices of Indian High Courts
Sir,
SIMPLIFICATION OF PROCEDURAL LAWS TO CUT DELAYS IN JUDGMENTS
I wish to invite your kind attention to the fact that it is pretended that the procedural laws of the land pose greatest challenge to timely justice to litigants. The Code of Civil Procedure and Code of Criminal Procedure are the laws of Central Legislature and State Governments are also empowered to amend the codes according to their needs. Both the Codes are originally creation of British India.
AND SECTION- 122. OF Code of Civil Procedure goes on to say—Power of certain High Courts to make rules— High Courts not being the Court of a Judicial Commissioner may, from time to time after previous publication, make rules regulating their own procedure and the procedure of the Civil Courts subjects to their superintendence, and may be such rules annul, alter or add to all or any of the rules in the First Schedule.
LIKEWISE- Section 477 –of Code of Criminal Procedure says- Power of High Court to make rules
(1) Every High Court may, with the previous approval of the State Government, make rules—
(a) as to the persons who may be permitted to act as petition-writers in the Criminal Courts subordinate to it;
(b) regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees to be charged by them.
(c) providing a penalty for a contravention of any of the rules so made and determining the authority by which such contravention may be investigated and the penalties imposed;
(d) any other matter which is required to be, may be, prescribed.
(2) All rules made under this section shall be published in the Official Gazette.
Accordingly it well within Authority and Competence of your kind honour to amend, and tailor both the codes to suit the need of the hour rather than to see for any other organ of Democracy for justice delayed.
Therefore it is my humble request that the undemocratic and anti-people provisions of the codes be identified, and necessary steps be taken in right direction to ensure justice to each and every body, within a reasonable period of time.
With regards,
Sincerely yours
Mani Ram Sharma
Chairman, Indian National Bar Association, Churu- Chapter
Nakul Niwas, Behind Roadways Depot
Sardarshahar- 331 403-7 District Churu (Raj)
maniramsharma@gmail.com
Dated: 12th Jun, 2017