Allahabad High Court Calendar- 2020

Undeclared holiday on 25/Jan/2020 caused trouble to litigants and respondents in district court.

Sunday, January 26, 2020

1:59 PM

Subject Undeclared holiday on 25/Jan/2020 caused trouble to litigants and respondents in district court. From Mahesh Pratap Singh Yogi M. P. Singh To supremecourt; presidentofindia@rb.nic.in; pmosb; urgent-action@ohchr.org; cmup; csup@up.nic.in; hgovup@up.nic.in; uphrclko@yahoo.co.in Sent Sunday, January 26, 2020 1:51 PM

An application under Article 51 A of the constitution of India.

To

Hon’ble Chief Justice of India/ Companion Judges

Supreme court of India, New Delhi, India

Honourable Sir, Mauni Amavasya was on Friday but in the name off Mauni Amavasya why District Court Mirzapur remained closed on Saturday and your applicant suffered because of undeclared holiday on Saturday in the name of Mauni Amavasya now he has to again visit to the court on Monday in order to take a new date in the court case pending before the additional chief judicial magistrate first Mirzapur. Sir, Mauni Amavasya is not a gazetted holiday and it was on Friday, the holiday was declared on Saturday and think about those who are coming from far away areas in order to attend their cases? Undoubtedly it is prerogative of district judge Mirzapur but he must use his discretionary power by applying it’s a rational mind as his decision only benefited the elite class. Sir, offices remained functional, security personnel were present there but no office work was taking place and those coming from the remote areas in order to take the dates were returning back as concerned clerk directing them to come on Monday.

Most revered Sir –Your applicant invites the kind attention of Hon’ble Sir with due respect to the following submissions as follows.

1-It is submitted before the Hon’ble Sir that 51A. Fundamental duties It shall be the duty of every citizen of India (a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;

(i) to safeguard public property and to abjure violence;

(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.

2-It is submitted before the Hon’ble Sir that during strikes in the court, next date is provided to parties by the office clerk while other works remain paralysed but in this holiday there was no job to the clerks in order to perform except to tell the parties to come on next day i.e. on Monday. When the holiday was declared actually, then this job could be performed by hanging a notice on the gate of the court. At least clerks had been granted a leave and security personnel as well so that they may perform their outstanding duties concerned to households.

3-It is submitted before the Hon’ble Sir that whether our law of the land allows any public functionary to use discretionary powers arbitrarily without application of mind. Undoubtedly local holiday can be declared in the name of Mauni Amavasya but it was on Friday not on Saturday. When the next date is provided by the clerk then it was an obligatory duty of concerned public staff to ensure a proper mechanism to lookout the problems of those who were coming as the date of the case was fixed in court such and such.

4-It is submitted before the Hon’ble Sir that Dicey’s theory has three pillars based on the concept that “a government should be based on principles of law and not of men”, these are:

The supremacy of Law:

This has always been the basic understanding of the rule of law that propounds that the law rules over all people including the persons administering the law. The lawmakers need to give reasons that can be justified under the law while exercising their powers to make and administer the law.

Equality before the Law:

While the principle of supremacy of law sets in place cheques and balances over the government on making and administering the law, the principle of equality before the law seeks to ensure that the law is administered and enforced in a just manner. It is not enough to have a fair law but the law must be applied in a just manner as well. The law cannot discriminate between people in matters of sex, religion, race etc. This concept of the rule of law has been codified in the Indian Constitution under Article 14 and the Universal Declaration of Human Rights under the preamble and Article 7.

The predominance of the legal spirit:

In including this as a requirement for the rule of law, Dicey’s belief was that it was insufficient to simply include the above two principles in the constitution of the country or in its other laws for the state to be one in which the principles of rule of law are being followed. There must be an enforcing authority and Dicey believed that this authority could be found in the courts. The courts are the enforcers of the rule of law and they must be both impartial and free from all external influences. Thus the freedom of the judicial becomes an important pillar to the rule of law.

In modern parlance Rule of Law has come to be understood as a system which has safeguards against official arbitrariness, prevents anarchy and allows people to plan the legal consequences of their actions.

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 the 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.

Date-26/01/2020 Yours sincerely

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

.

25.1388133 82.5672727

Share this: LinkedIn

WhatsApp

Twitter

Facebook

Tumblr

More

Pinterest

Pocket



Print

Reddit



Telegram

Skype



Email



Like this: Like Loading...