musing on the state of society and fate of men. NO warranties
Monday, July 15, 2013
I've known FAKE cases ..yes like 498a, BUT now we have FAKE COURTS in Tamil Nadu !! Long live Democracy .... "...Worse, these decrees are often executed by state registration officials with police aid, since the 'directions' resemble a mandamus issued by the higher judiciary. ....." My 2 C W : Well IF you think about it, the real courts must have taken so much time to settle issues, these fakes must have blossomed ..ok mushroomed :-)
Notorious fake courts back in Tamil Nadu
A Subramani, TNN | Jul 15, 2013,
CHENNAI: Tamil Nadu's notorious 'fake courts', which hold civil and criminal proceedings and exercise even 'contempt of court' jurisdiction, are back in news with all their paraphernalia such as court halls, national emblem and 'judges' accompanied by mace-wielding duffedars calling out 'Silence'.
In 2011, after The Times of India carried reports about the thriving racket and a PIL too was filed, the Madras high court banned them. However, in May this year, the court had permitted the PIL-petitioner to withdraw the case.
Now the 'fake courts' issue has reached the portals of the Supreme Court, with advocate Manikandan Vathan Chettiar filing a PIL saying these 'courts' operated from various locations and had their own websites too. He now wants the apex court to appoint a sitting or retired judge of the court to head a special investigation team to probe the menace and annul several hundred 'judgments' delivered by these 'courts'.
Manikandan said these fake courts had a separate registry, filing wing, cause lists, examiners and even registrars. The 'judges' presiding over the proceedings came in a car sporting a red beacon light and were addressed as 'My Lord' during hearings.
These fake courts conduct civil, criminal, service and contempt proceedings by usurping the functions and powers of high courts andthe Supreme Court, the PIL said, adding that names and photographs of several sitting and former judges too were being used by those running the racket. The PIL named at least 25 former as well as sitting judges, and said they were being cited as 'patrons' and 'legal advisors' of these courts.
"They (fake courts) charge a preliminary court fee of 9.5% of the value of property and function under various names such as evening courts, arbitral tribunal, etc. The decrees (awards) of the fake courtsa re issued on Rs 150 stamp paper which hears a court emblem with a seal resembling that of a civil court. It also carries a copyist seal, resembling that of the madras high court," the PIL said.
"Calling themselves people's courts, evening courts, human rights organizations and tribunals claiming to function under the aegis of the Human Rights Act, Arbitration Act, etc., its masterminds issue advertisements in vernacular dailies and build a network of members by collecting subscriptions and donations, the PIL said.
Worse, these decrees are often executed by state registration officials with police aid, since the 'directions' resemble a mandamus issued by the higher judiciary.
According to Manikandan, these courts issue advertisements, solicit litigation and operate through a network of touts and advocates. "They concoct and entertain all types of cases, including service and criminal matters and issue routine directions in the nature of mandamus to police and registration departments, which obey the orders ruining hundreds of families," the PIL said.