CONFIDENTIAL

24-Aug-2018

To,
The Chief Metropolitan Magistrate (I/C),
(3rd Crt Esplanade – Shri. Gopal Bhansali)
Esplanade Centre of Courts,
Mumbai – 400001.

Sub: Grievance regarding court room # 67.

Dear Sir,

1. Further to our conversation during grievance redressal day at the

Esplanade Court regarding the conduct of proceedings since new MM Shri.
Bawaskar in court#67 and our previous grievance dated 24-Aug-2018, wherein
the lack of judicial prudence leading to multiplicity of litigation was brought to
your attention.

2. In this regard, it is further brought to your attention that there is no

improvement in the working and orders are passed mechanically without
application of mind and CONTEMPT OF SUPREME COURT CITITATIONS in the
following manner.
a. In CC 442/SW/2018 the Ld. 67th MM instead of directing FIR based on
the ruling of Apex Court in Surnder Kaushik vs State of U.P dated 14-
Feb-2013, the Ld. 67th MM directed verification on 29-Sep-18 and
further adjourned it late to 17-Nov-2018 thus committing contempt of
Apex Court ruling and also not giving any reasons whatsoever why
second FIR was not directed except that “this is not fit case” without
giving any reason why this is not fit. Thus relieving the accused from
repeat offence(s) from the enhanced punishment for repeat offenders
in our penal system.

b. In CC 379/SW/2018 also the Ld. 67th MM again in CONTEMPT OF

SUPREME COURT ruling in Sakiri Vasu vs State of U.P dated 07-Dec-
2007 only asked for report and despite pointing out flaws in
 CONFIDENTIAL
investigation did not give any specific direction(s) to police properly
investigate the matter and allowed around three months time that too
as per police request. No show cause notice was issued as to why;

i.The IO was becoming messenger of accused and trying to broker a deal

with the complainant to withdraw the case for reversal/return of legal
charges applied in the bill? OR any directions to Superior Officers?
ii.The original documents were not seized to prevent repeat of crime?

3. Earlier we had brought to your attention the grievance that the Ld. 67th
MM appears to pass orders without listening to parties and thereby displays lack
of reliefs sought in the application and also makes errors which then leave us to
go for revision for small things like issue of summons/ warrant/ show cause
notices etc. This is now conclusively proved as the Ld. 67th MM has passed
orders in contrast to Hon’ble Supreme Court rulings further also not even
mentioned about these rulings t.o.r in his order – let alone give reasons why it
was not applicable.

4. Earlier we had brought grievance that the manner in which the

applications are dealt now make us to apprehend, that the outcome will be a
matter of chance rather than appreciation of law and precedents and how we
have been compelled to provide citations on routine matters apprehending
delayed handling and/or dismissal of reliefs. Now even these citations appear to
be blatantly ignored and orders passed in violation of settled position of law.

5. To give effect to the legislative policy and the mandate of Article 21 for
speedy justice recently the Supreme Court in Asian Resurfacing Of Road Agency ...
vs Central Bureau Of Investigation dated 28-Mar-2018 has even directed the
Hon’ble High courts from staying trial beyond six months.
 CONFIDENTIAL
Wherever stay is granted, a speaking order must be passed showing that the
case was of exceptional nature and delay on account of stay will not
prejudice the interest.

Para 28 - It is well accepted that delay in a criminal trial, particularly in the

PC Act cases, has deleterious effect on the administration of justice in which
the society has a vital interest. Delay in trials affects the faith in Rule of Law
and efficacy of the legal system. It affects social welfare and development.

6. Needless to state, the above principle applies to trials also. In this context
the Ld. 67th MM, Borivali by giving long adjournments has undermined the
above principle.

7. Therefore it is requested that appropriate training and directions be given

to the Ld. 67th MM, Borivali to conduct the proceedings as per interest of justice
and directions of the Hon’ble Apex Court and take EFFECTIVE steps to avoid
multiplicity of litigation and repeat of offences.

Regards,

Adv. Abhilash Panickar

9820720759