The Brave Pedestrian

The judiciary as an institution is only as good as its judges... and judges, being human, can easily be offered temptations by government. Judges nearing retirement age hear PILs against government, knowing that after retiring, they may be given lucrative & prestigious jobs by government. So they openly favour government and politicians, and frown at public interest litigants and activist citizens. Judicial independence can exist under ideal conditions... but conditions in India are far from ideal. Like  ·  Comment  ·  Share

Remember: Many litigants seeking remedies in court for HEADACHES, develop HEART ACHES after going to court, thanks to their lawyers. Many lawyers take on scores (or even hundreds) of cases, charge a chunk of money upfront, take the original documents, put the matter in court... and then completely lose interest. Then they start taking tareekh pe tareekh to suit their own busy timetable, or alternatively, fail to turn up in court. Some enter into needless or wrong procedures, and misinform the client about the case status. And some turn up in court and accept consent terms that are completely not in favour of the client. Or they keep quiet at critical junctures and lose the case. Many small and cheap lawyers behave like this. But reputed lawyers and senior counsels are also no exception; in fact, they are well-known for this. Many reputed lawyers speak rudely to the clients from the very start of their relationship! Nevertheless, they have a steady flow of bu...

Seeking judicial remedy is almost impossible for the common man. It is not just an uphill task, it is a Himalayan task. Our courts are NOT a viable option for dependent persons. It is also NOT for the poor, the very young, the elderly, and other disadvantaged sections. Judiciary is therefore accessible to a very small proportion of Indian citizens; arguably, less than 5% of India’s population can actually hope to get some remedies from the courts. Surely, this is NOT how the  Constitution intended it to be! So, must we still maintain a respectful silence, while we suffer without any hope of improvement in court functioning? Is this what is expected of us now? No. Never. Discussion about the need for judicial reform CANNOT be the sole preserve of eminent jurists. The unavailability of judiciary to the common man and his family members deeply concerns their Life & Liberty. If nothing else, this alone gives common people every right to discuss the deficiencies of the ...

The money-power and clout of corporates distorts our governance and judiciary. The common man's fundamental rights go for a toss wherever they are in conflict with the commercial interests of companies. For a variety of reasons, the entire judicial mechanism works in favour of corporates, leaving citizens with no genuine judicial remedies. Generally, courts are against "piercing the corporate veil" -- a handy excuse for not entering into the many wrongdoings of a company, its subsidiaries, associates and its holding companies. If courts started doing that, many false claims being made would stand unveiled! Like  ·  Comment  ·  Share

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 hig her 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. Like  ·  Com...

“Go to court” is nowadays a challenge and a taunt from wrongdoers, both in civil society and in the administration. They know how difficult, how frustrating and how fruitless litigation generally is... and this makes them confident to flout the law. Contracts and agreements are not worth the paper they are written on; for a common man, they are unenforceable. It’s like saying, “Go to hell". Like  ·  Comment  ·  Share

Successful lawyers usually have many more cases than they can handle. So they behave callously and unprofessionally. If you are unlucky enough to get stuck with one, your lawyer can easily become your biggest nightmare – far bigger than the original “cause of action” for which you went to court. Sadly, there is no realistic remedy against profiteering lawyers. In fact, some lawyers with the strongest reputations are the worst offenders. Complaint to the bar council or bar associations are rarely effective. A big chunk of Indian judiciary's backlogs is caused by lawyers who take cunningly take multiple adjournments, multiply litigations and complicate matters in order to maximize profits. Because of them, the court's valuable time is lost in hearing needless matters, and the whole nation suffers from loss of justice. Like  ·  Comment  ·  Share