You will not find any law books on this subject. A friend on twitter tweeted about serious complaint against a sitting judge of a High Court, hence I write this.

Following are tips:

1) Make no allegations of partiality or bias against judge.

2) Do not use harsh words in your complaint.

3) Just state exact words spoken by judge or exact action taken by judge which is wrong according to you. The details should be so specific that concerned judge can reply to it.

4) State clearly in your complaint that you are not making this complaint to make pressure on judge to give some favorable judgement in any case.

5) State clearly that you have no case pending in his court or in any other court. If you have any case, disclose full details.

6) State that you have utmost respect to judiciary.

7) Post it to Chief Justice of High Court and to Chief Justice of India. They have some powers to take action if they think fit.

8) Do not leak details of your complaints to press. It will amount to contempt.

9) Then give time to the Judiciary to correct itself.

10) Do not use contemptuous words.

11) After sending complaint, do not wait for reply. No one will reply you. These complaints are handled discreetly to maintain high image of Judiciary. Do not send reminders.

12) Treat your complaint as “Closed and forgotten”.

Haresh Raichura
1/9/2012

Almost every mobile phone has voice recording functions. Technology has armed us with weapons of Voice Recording and Video Recording.

But can court convict someone by relying on such recorded evidence?

There are cases and cases where courts have convicted criminals on basis of tape recording.

Court usually wants to know following things before relying on such evidence.

1) Was recording done under controlled conditions? Has anyone come in witness box to say that he himself has recorded or that he was a witness to recording?

2) Are the content of recording same as they were when it was recorded? Is there any possibility that the recording could have been tempered with or doctored with after it was recorded?

3) Has any one come in witness box to say that “After recording was made, recording was kept in his safe custody till it was produced in court” ?

If Court satisfies, it can rely on recording.

(Some mobile phone may have “Non editable Recording Software”. If there is such an application, court can rely on it without any hesitation.)

Haresh Raichura

28/8/2012