Make your own free website on Tripod.com
RAJYASABHA
Home
PETITION BEFORE PARLIAMENT
After Para 51
After Para 71
After Para 101
After Para 126
VOHRA COMMITTEE REPORT
LETTER TO PRESIDENT, VP, PM AND HM OF INDIA

Welcome!

(DRAFT)

"RIGHTS OF THE CITIZENS AND ACCOUNTABILITY OF PUBLIC SERVANTS ACT 2003"

 

PREAMBLE AND OBJECTS

The basic object of the Act is to ensure Fundamental Rights of the Remedies and Justice of the Citizen, deprived under the impact of the Politics-Bureaucratic-Crime-Nexus.

ACT

  1. The Act of Rights of the Citizens and Accountability of Public Servants Act 2003 shall be applicable in whole of India, from the date of accent given by the President, and hereinafter, shall be called or referred as "the act".

  2. Definition

    1. The definition of the "State" shall be the same as provided by Article 12 of the Constitution of India.

    2. The definition of the "Public Servant" shall be also the same as provided by any law prevailing in any part of India including Jammu & Kashmir, besides, any person, at the material time, may have holds any of the following office:

      1. The Prime Minister of India and any Member of Union Cabinet;

      2. Judges of Supreme Court or any of the High Court, including Chief Justice(s) or any other judge worked at any Court of any level or Tribunal or as a Arbitrator;

      3. Chief Minister(s) or Member(s) of State Cabinets;

      4. Members of Parliament or State Legislatures;

      5. Bureaucrat holds any office or worked at the Central or the State Governments;

      6. Members of any elected body, constituted under Constitution or any Central or State Law for public good and interests; and

      7. Advocates.

  1. Right to Sue under the Act.

    1. When from any part of India, under direct or indirect Nexus between Politician(s), and / or Member(s) of the Judicial Services and / or Bureaucrat(s) and / or Criminal element(s), rights of remedies or justice of any citizen, infringed and / or when "The State" ignoring the informations provided to it in respect of such nexus, and / or failed or neglect to take appropriate actions in the matter of nexus, citizen is entitled to file a civil suit, for recovery of the damages caused by such Nexus.

    2. Suit can be filed before any High Court in India, irrespective of the area of the cause of action may be out of the jurisdiction of Such High Court.

    3. Suit shall be for recovery of the minimum damages of Rs.10, 00,000.00 (Rupees Ten lakhs) only.

4. Plaint and its contents

  1. Plaint of the Suit shall contain all true facts in detail, with attested photocopies of the supportive documents, if any, attested by the plaintiff, as true copy of the original document or as the case may be. The respective Court, without any immunity, shall treat reference of any false fact or attestation, Under Section 340 of criminal Procedure Code.

  2. Plaintiff(s) should file one original copy of the Plaint with Affidavit, plus six extra copies. All these copies must be clear and should be clearly visible and readable. In case any original document, referred in the Plaint, is not readable, plaintiff should file one typed copy of the document along with the photocopy of such document.

  3. Out of extra six copies, the five copies shall be for the Bench Members of the Court.

  4. Rest one extra copy should be used by the Court Registry to prepare required number of the photocopies of the plaint to serve upon the respective defendants.

  5. After receipt and Registration of the Suit Court Registry cannot claim that Plaintiff has filed less-copies from the required number.

5. State Defendants

  1. The Public Servants holding any office of the State at the material time of the respective matter shall be made the State Defendants, with the personal name of the Public Servant and office then holds with the address of such office shall be referred in the body of the plaint.

  2. All State Defendants referred in the body of the plaint from the Central Government shall be addressed through Cabinet Secretary to the Government of India and all the State Defendants from any State referred in the body of the plaint shall be addressed through Chief Secretary of such State(s) and retired or working Supreme Court Judges, and High Court(s) shall be addressed through the Registrar-General or Registrar as the case may be or Principal Administrative Officer of the respective Court.

    1. Service of the Summons upon the Defendant(s).

    1. After filing of the Suit, Court Registry should publish a Notice, with ditto details referred in the body of the plaint including their addresses, in the Newspapers covering the area of the defendants, at the cost of the Suit.

    2. At the same time, Court Registry should serve a Notice by Registered Post upon all the defendants at given addresses, as per Section 6, informing thereby that suit is filed in the Court. The cost of service of such Notice(s) should be at the Suit.

    3. After publication of such Notice, and service of such Notice(s), respective defendant(s) either appoints their respective "Advocate(s) on Record", or himself should collect copy of the Plaint upon payment of actual cost of the Photocopy of the Plaint from Court Registry.

    4. In case any defendant do not collect copy of the Plaint from Court Registry through Advocate or himself within 30 days from the date of publication of such Notice in Newspaper, the summon of the Suit shall be treated as served upon him.

    1. Bar to declare a Suit barred by law of limitation or void under any prevailing law.

  1. Irrespective of any law or law of limitation, Suit cannot be declared as void on any ground of law or law of limitation or any other ground except reference of any false statement, in clear terms.

  2. After adjudication of the Suit on merit, claims of the plaintiff if proved as false or baseless, the plaintiff of the Suit shall be debarred from taking benefit of the Act in future, besides he shall pay entire actual cost of the Suit, and shall be punished in accordance with the procedure laid down Under Section 340 of criminal Procedure Code, without any mercy or immunity.

7. Admission of the Suit under the Act.

    1. Any Suit filed under the Act shall be admitted by the respective High Court after preliminary hearing of the matter by a Bench comprised of Five Senior Judges of High Court headed by Chief Justice or next to Chief Justice of such High Court.

    2. The Plaintiff is entitled to contest his case with or without help of any Advocate.

    3. The Suit should be admitted, unless any statement of the fact in clear terms appears as untrue.

    4. The Defendants can oppose admission of suit at preliminary stage, only on single ground that any particular fact referred in the plaint is false. He cannot take any advantage to oppose suit’s admissibility at the preliminary stage on any other grounds, and should not plead his case of defence in his "Affidavit-in-opposition-to-admission-of-the-Suit", on legal or other grounds. Otherwise, his Affidavit should be treated as not filed.

    5. Suit filed under the Act can be refused to admit by such High Court after preliminary hearing under clause (1) by a speaking order against reference of any false fact in the plaint.

    6. The Order of refuse to admit the suit under Clause (3) should be forwarded to Supreme Court for approval, where it should be heard a Bench constituted similarly to clause (1).

    1. Defence of the defendants.

    1. The Competent Person(s) appointed by the Cabinet Secretary, and Chief secretary and Registrar-General or Registrar as the case may be or Principal Administrative Officer of the respective Court shall collect all informations, in writing from the respective Public Servants holding any office of the State at the material time of the respective matter, before filing of defence. Collected information in writing from the respective public servants should be accompanied with the defence, after attestation of each page with numbering of pages.

    2. The Competent Person(s) appointed by the Cabinet Secretary, and Chief secretary and Registrar-General or Registrar as the case may be or Principal Administrative Officer of the respective Court after collection of informations in writing from the respective Public Servants holding any office of the State at the material time of the respective matter, should go to the records government or respective Court(s) and prepare respective defenses, if any. Hiding of any fact shall be treated as failure of his duty besides failure to deny such allegations of the respective State Defendant(s), and Court can presume admission of the facts referred in the Plaint.

    3. Every private defendant should file his case of the defence separately, with documentary support, if any. His defence should be limited to the facts referred in respect of his conduct in the plaint, nothing more. He should not say any thing in respect of any other paragraphs of the plaint, which directly not relates to him.

    4. The simple denial of any allegation would be treated as "no defence".

    5. The Plaintiff is entitled to file his "Affidavit-in-Reply" against each defence, strictly limited to the denial of the each defendant.

    6. Time limit to file defence and reply should be fixed by the Two Judge bench of the Court.

      9. That wherever, any High Court, at the time of adjudication of any suit under the Act feels it necessary to ensure rights of remedy or rights of justice, that the respective matter is needed to be clarified by the Supreme Court or any other High Court, can refer the same to such Court, which shall be returned back to the Court as early as possible. The Higher Bench must forward its clarification from the correct records of the matter of the Bench of which Order or Judgment is subject matter for clarification.

      1. In the plaint of the Suit, any fact can be referred to prove that rights of the Plaintiff to get justice have been deprived. Just reference of such facts cannot tent amounts as the Contempt of respective Hon’ble Court, unless such reference is based on false statement(s).

11. Adjudication of the Fact and Judgment under the Act.

  1. After admitting the Suit by a High Court Under Section 7 of the Act, Suit shall be forwarded for adjudication by a Bench of Two Senior Judges of the same High Court, where Suit is filed.

  2. No Judge of High Court shall refuse to sit in any Bench Constituted for the purpose of this Act.

  3. The Bench can appoint a penal of Advocates to help the Court to accumulate all the facts and denials in a scientific manner to find out the truth.

  4. After going by the facts referred in the Plaint and defence(s), and after satisfying with the facts referred in the Plaint, Two Judges Bench shall make its detailed recommendations for Five Judges Bench and Plaint shall be returned to Five Judges Bench for Judgment.

  5. The Five Judges Bench after going through and satisfied with the recommendations of Two Judges Bench, shall appoint "Commission" of Five Experts to determine the actual damage caused to the Plaintiff, and sharing of such damages by the different defendants, and actions to be taken against public servants accountable for such Nexus.

  6. No person can refuse to accept assignment of Chairman or Member of Commission made by High Court, under Clause (6) and such refusal shall be sufficient to debar such person from his respective profession in future.

  7. If Chairman or Member of the Commission appointed by the High Court acts under any bias, he shall be liable to debarred from his Profession in future.

  8. The remunerations or allowances, as may be fixed by the High Court shall be paid to the Chairman and / or Members of such Commission, from the Consolidated Fund of India.

  9. The Commission shall sit at the fixed time and place and act on the day-by-day basis, till its work is not finished. Commission shall maintained complete records of its proceedings with, place, time and date and persons presenting before it, with their signature on each page of proceedings completed in their presence. Commission shall supply "Attested" photocopy of such proceedings to the Plaintiff and defendants presents during the respective proceedings.

  10. No person can refuse to attend the proceedings of the Commission if his presence is required. The Commission can allow the absence for limited period on the health grounds or any other grounds, if Commission satisfies with the validity of such Grounds. Otherwise, such absence will be tantamount as the admission of the proceeding of the day. No Appeal against such admission can be filed.

  11. That Commission shall adopt transparent mechanism to determine the damage caused to the plaintiff with sharing of the same by the respective defendants.

  12. After receipt of the Report, from the Commission, Five Judge bench should pronounce its judgment deciding the amount of damage, with sharing of the payment of such amount by the respective defendants or departments, actions to be taken under the Criminal Laws, against public servants involved in the Nexus, and order for payment to be made to the plaintiff from Consolidated Fund of India and thereafter its recovery from the respective defendants.

    1. Immunity against violation of the law, during suffering from the Nexus.

      When Court satisfied that a plaintiff of the Suit is victim of Nexus between Politician(s) and / or Bureaucrat(s) and / or Judicial Officer(s) and / or Criinal(s), and as a result of suffering fro such Nexus, if he fails to comply any law, Rules or regulations, Court shall pass a decree that he should not be punioshed for such non-compliance for the period he suffers such nexus, and he can be allowed to comply if possible to any such law, rules or regulation as the case ay be.

    2. Properties of all person(s) involved in the Nexus to be vest with the State

      (1) All rights or claims over all moveable or immoveable properties exists in the personal names or in the names of the relations of any defendant(s) including Public Servant(s) in the Suit, proved as party to Nexus between the Politicians and /or Bureaucrats and /or Judicial Officers and / or Criminal elements, and responsible for any kind of infringement of the rights to justice or remedies -besides any other action under Section 11 of the Act-, shall be vest with the State, without any compensation, whether such properties acquired through such Nexus or not.

    3. Appeal

    1. The aggrieved party from any Order or Judgment in the Suit under the Act can prefer Appeal, within 30 days from the order or Judgment, before Supreme Court of India.

    2. Three Judge Bench shall hear the Appeal against order of the Two Judge Bench.

    3. Seven Judge Bench shall hear the Appeal against order or Judgment of the Five Judge Bench.

Draft of the proposed Law is innovated by the Petitioner (Milap Choraria) for kind considerations by the Petition Committee of the Parliament (Rajya Sabha).

(Milap Choraria)

On this home page, I'll introduce myself and talk about my reasons for wanting a web site. I might put a picture of myself on this page...or just a picture that I especially like.

What's New?

Here I might add an entry whenever I make an update to my web site. Where appropriate, I'll include a link to the change. For example:

11/1/01 - Added new photos to Vacation Album page.

People shouting at the world over megaphones; Size=240 pixels wide

Please get in touch with any comments or reactions to my site.

PETITION BEFORE PARLIAMENT WITH DRAFT OF A LAW PROPOSED BY MILAP CHORARIA
“RIGHTS OF THE CITIZENS AND ACCOUNTABILITY OF PUBLIC SERVANTS ACT 2003”

PREAMBLE AND OBJECTS

The basic object of the Act is to ensure Fundamental Rights of the Remedies and Justice of the Citizen, deprived under the impact of the Politics-Bureaucratic-Crime-Nexus.