AJRI Asks Supreme Court For Taking Action Early Disposal of Execution of Decrees

 

To,                                                                                                        11/10/2022

                          Hon'ble Mr. Justice Uday Umesh Lalit                                

                                 The Chief Justice of India,

                                              New Delhi.

Subject:   A Humble Request for taking an urgent and prompt action for early disposal of execution of decrees passed by the competent courts of India.

            Reference to the subject mentioned above, we on the behalf of our trust the Association for Judicial Reforms, India (AJRI), want to humbly submit the following submissions for kind consideration of lordship for enhancing public faith and trust on fairness and independency of Judiciary:                                                                                                   

1.     That our Trust, Association for Judicial Reforms ,India (AJRI) is working for the cause of Judicial Reforms by suggesting practical ways to all the stakeholders of Justice Delivery System based on public experiences and analytical legal research.

2.     That as our Trust believes that the Nation which cannot guarantee Justice to its citizens may gain monetarily but cannot get the Sustainable Development, evolution of present Judicial system within its four corners is the best suited methodology to bring judicial reforms in India, we at AJRI work for documenting the public experiences of litigants/lawyers and synergize these with analytical research carried out by our researchers suggest only those practical ways, which if implemented in accordance with the present Constitutional/Statutory provisions will bring valuable reforms in the present Judicial system

3.     That as per the data compiled by the National Judicial Data Grid, as of date there are 14,92,637 execution petitions are pending in various Indian courts, which constitutes 14.05 % of total pendency of Indian Courts, excluding the Hon’ble Apex Court, as NJDG does not compiles data of this Hon’ble Court  till today(The a written request for inclusion of the Hon’ble Supreme Court data in NJDC has already been made by us through our last communication 07/03/2022 to the then Hon’ble Chief Justice of India).

4.     That we at AJRI deeply disturbed after knowing the sad fact that 5918 execution petitions in India are still pending for over 30 years, the meaning thereby that the decree holders of these 5918 cases have been deprived of their fundamental right to get justice and from enjoying the fruits of their rightful claims duly adjudicated by the Courts of Law from trial courts to the Apex Court of India.

5.     That further, the NJDC data substantiates that 36 % of pendency in execution petitions falls under category of 5 years to over 30 years.

6.     That We at AJRI being an organization working for brining the practical Judicial Reforms in India, and in our continued efforts for the above said objective, we humbly request your good self direct all the High Courts to reconsider and update all the Rules relating to Execution of Decrees, made under exercise of its powers under Article 227 of the Constitution of India and Section 122 of CPC for early disposal of execution petitions in India.

7.     That this Hon’ble Court in civil appeal nos.1659-1660 of 2021 titled Rahul S Shah Vs Jinendra Kumar Gandhi & Ors in exercise of its jurisdiction under Article 142 read with Article 141 and Article 144 of the Constitution of India in larger public interest to subserve the process of justice so as to bring to an end the unnecessary ordeal of litigation faced by parties awaiting fruits of decree and in larger perspective affecting the faith of the litigants in the process of law issued directions to all Courts in India dealing with suits and execution proceedings but even after passage of more than one and half year, the Courts in India dealing with suits and execution proceedings are not complying with the directions of this Hon’ble Court in above stated case.

8.     That the Faith in the judiciary is the facets of the judicial administration to which they contributed substantially. It is essential to maintain the faith of the common masses in the judiciary, failing which it would lose its respect and esteem. Law is meant to meet the ends of justice and to protect the faith of the people in the independence of the judiciary developed, established, accepted by a consistent tradition from time immemorial, is the avowed duty of every one of us, especially of Lawyers, Judges, Legislators and the Executives.

9.     That We at AJRI request your lordship kindly take urgent and prompt required action at earliest in the interest of justice and for further enhancing the public trust on one of fairest and independent justice delivery systems in prevailing the world.

                Keeping in view the above mentioned humble submissions it is kindly requested to consider the suggested suggestions in the interest of justice, in case of suggestive measure are positively implemented in the interest of fairness an independency of Indian Judiciary, assistance from our side is always at the disposal of one of fairest and independent justice delivery systems in prevailing world.

                                      Dinesh Singh Rawat                    Mrs. Jatinder Kaur

                                                    Trustee                          Managing Trustee

Copy to Hon’ble Chief Justice of India and Justices of the Supreme Court of India with humble request for considering of submissions made in our communication in the interest of Justice.

 

                                       Dinesh Singh Rawat                    Mrs. Jatinder Kaur

                                                    Trustee                       Managing Trustee