Sunday, 5 April 2015

Judges are law-breakers, not law-enforcers

Judges get to be powerful by breaking the laws, not by following them. “Yeah, I did the wrong. I overlooked the obvious. I gave a judgment contrary to law and contrary to precedents. I allowed forgeries to be admitted as evidence. I gave my judgment based on witnesses who were obviously lying. Now you go waste your entire life and money crying before various forums, trying prove that I did wrong,” says your judge.
Review petitions in the same court are a frustrating exercise in futility. And when you go in appeal to a higher court, your appellate judge says, “Prove first why I should hear you? Make it painfully obvious why your appeal should be admitted. Because I have already made up my mind to dismiss your appeal. Dislodge me from my opinion in three minutes if you can.”
But most people don’t even reach the appeal stage. Because they can’t afford to. For advocates and appellants who live in the interiors, reaching the High Court or Supreme Court involves hundreds of kilometers travelling and many days wasted. So this remedy is simply not available to them.
THAT, my friend, is the power of a judge. In their court, they are like kings. They can write in their judgments that black is white, and there’s nothing you and I can do about it!
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