Wednesday, 1 April 2015

Yes, lawyers lie in court. So what?

The biggest problem for litigants is judges who knowingly allow lawyers (and other parties, witnesses etc.) to misrepresent facts, present forged documents and openly tell lies in court. Judges who don’t take action against those mislead the court derail the course of the entire case, give an unfair advantage to crooks, and deprive honest litigants of justice.
The damage is often permanent, as neither appealing nor complaining is sufficient to undo the damage. Approaching higher courts is costly, time-consuming and usually not feasible. For most people of India (and also the lawyers representing them) who stay in the rural areas or small towns, travelling to the capital cities for High Court or Supreme Court hearings is not feasible.
Appealing is an imperfect remedy in our judicial system. Some things such as recording of evidence is done only in the lower courts, and the higher judiciary does not review the evidence or call for a retrial.
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