MEMORANDUM TO DJ

MEMORANDUM TO DJ

13-JUNE-ENG 7

RAJIV NAYAN AGRAWAL

ARA---------------------------Pramod Rai, Advocate, Ara Civil Court, in a memorandum to the District and Session Judge demanded immediate cessation of the practice of illegal extortion, over and above prescribed legal fees, in the name of appearances, filling and other judicial proceedings at the Ara Civil Court and also requested for personal inspection and necessary action.

He said that it is with regret that I bring to your notice the prevailing practice of illegal extortion—in addition to the court fees, process fees, and other statutory charges prescribed by law—by various counters, appearance clerks, the filing section, and related staff at the Civil Court, Ara. These illegal demands are made in the name of case appearances, filing, document submission, obtaining orders, and other judicial proceedings. Such practices render the judicial process expensive and inaccessible to ordinary citizens, thereby violating the fundamental principles enshrined in Articles 14, 21, and 39A of the Constitution of India.

This illegal practice manifests in the following forms:

Unnecessary charges levied in the name of 'appearance'.

Additional demands made for filing and the submission of documents.

Illegal extortion in exchange for obtaining orders/copies and other forms of assistance.

Collection of money by clerks and intermediaries under the guise of informal "facilitation fees."

Such illegal extortion not only violates the provisions of the Court Fees Act, 1870, the Bihar Court Fees (Amendment) Rules, and the Code of Civil Procedure, but also constitutes a punishable offense under the Prevention of Corruption Act, 1988. This undermines the dignity of the judicial system and erodes public trust in the courts. Therefore, I humbly request that:

An immediate and complete stop be put to any form of illegal extortion—over and above the prescribed legal fees—across all sections (filing, hearing, copying, decree, etc.) of the Civil Court, Ara.

Strict surveillance be maintained over the concerned staff and counters, and departmental as well as legal action be ensured against anyone found guilty.

You personally conduct a surprise inspection of the entire situation and issue necessary directives to establish complete transparency and the rule of law within the court premises.

A written notification or guideline be issued to inform the general public that only the prescribed fees are to be charged and that they have the right to lodge a complaint if any additional amount is demanded.

Sir, I have full faith in your sensitivity and commitment to justice. Your prompt and effective intervention will help make the judicial process at the Civil Court, Ara, more affordable, simple, and transparent.