New Delhi, Nov 28: It is “futile” to file a grievance with the government against a court order as it can only be challenged before an appropriate court, the law ministry has told citizens.
It has also told the people that the government cannot ask a court to expedite proceedings of any particular case.
No administrative action can be taken on a grievance for which the court has already been approached, the department of justice in the law ministry has said.
“…No action can be taken by the government where the petitioner is aggrieved of the fact that there has been inordinate delay in disposal of the case,” according to the ‘general guidance’ issued by the department of justice for ‘aggrieved grievance holders’.
The document states that a grievance regarding a complaint against a judge can be taken up for inquiry by the concerned high court or the Supreme Court as per the in-house procedure adopted by them.
“There is no role of government in disposal of such grievances,” the guideline states. The document comes against the backdrop of the office of the law minister and the ministry itself receiving thousands of complaints over the past several years relating to the delay in justice and grievances against a court order.
The guideline states that a judicial order can be challenged only before an appropriate court as per prescribed legal procedure. “Therefore, it is a futile exercise to file a grievance against a judicial order/judgement,” it states.
It points out that the judiciary is an independent organ of the state under the Constitution and the government does not interfere in the functioning of the judiciary.
As per the guidelines issued by the Supreme Court, grievances against judicial officers are required to be sent on sworn affidavit with verifiable facts to the Registrar General of the concerned high court, the guideline tells people.
“As judiciary is independent and government does not interfere in the functioning of the judiciary, no further follow-up or correspondence is made by the government after forwarding of grievance to the concerned high court or Supreme Court, as the case may be,” the guideline says. (PTI)
