RAJEEV KUMAR Vs. KAILASH NATH BHARGAWA

JUDGEMENT

(1.) NICETIES of law, technicalities of law and the administration of justice has led the people to think that the courts are not the proper forum where justice can be delivered without delay, without cost in its proper way. Our retired Chief Justice and other Judges of the Hon'ble Supreme Court have observed that the surgical treatment is necessary for the improvement of the system.

(2.) COURTS are meant for justice and not for the benefit of those who want to get advantage out of the litigation. In the instant case, Mr. Ranjan appearing on behalf of the petitioner submitted that the cumbersome provisions of withdrawal from the treasury of the amount deposited by the tenant is not effective and the landlords are suffering a loss in the process of withdrawal. Judicial notice can also be taken of the fact that the amounts are not refunded for years together and there is a cumbersome provision. Land-lord's feeling is that the paper of refund will not move as there may not be weight over it. This feeling has been expressed by the members of the Bar particularly at Jaipur, number of times when I had the opportunity to visit the Jaipur Bar.

(3.) AS far as the subordinate Judiciary is concerned, it is clear that the subordinate Judiciary is under the control of the High Court and no administrative instructions can be issued in any respect by the Executive and Subordinate Judiciary is not bound to honour any instructions issued by the Executive unless approved by the High Court. No rules guiding the functions of Subordinate Judiciary can be framed or enacted by the Executive without the approval of the High Court. If the Government is allowed to frame the Rules or to issue the instruction in one way or the other, it may amount to the interference in the foundation of the democracy. In such circumstances, even if there are any Rules, I am of the view that the Rules are not of binding effect and the Courts have a power to plan the administrative functioning under the guidance of the High Court.