The Brave Pedestrian

Indian judiciary is NOT acting like a justice delivery system of a democratic country. It is acting like a colonial ruler, an absolute power over Indian citizens. Whatever our courts are delivering cannot be called JUSTICE --    they can only be called "orders" or "judgments". For there to be justice, there must necessarily be timeliness, uniform application of laws and availability to all sections of society. http://tinyurl.com/Indian-judge-scales Krishnaraj Rao 9821588114

High Court and Supreme Court judges routinely give the finger to lower courts & competent authorities, on many matters that they obviously have no understanding of. They issue stay orders against the execution of the lower court's (often well-argued) orders without any clear reasoning, and often without even hearing out the other side. This undermines the entire judicial system, and demoralizes litigants who have worked hard for months, and spent pots of money, on their case. Because it all amounts to a big zero if some judge with a big ego presses the pause-button on the whole thing, indefinitely. Getting such stay-orders vacated is a huge uphill task, for procedural reasons and because of the huge hardships that litigants face in approaching High Courts and Supreme Court, because they are hundreds or thousands of kilometres away. Litigants and well-meaning lawyers are reduced to tears of helplessness. Like  ·  Comment  ·  Share   ...

It is amusing to find the Supreme Court lamenting that its writ does not run over High Courts. (See  http://tinyurl.com/HCs-not-listening  ) The fact is that the writ of Supreme Court and High Courts does not run over ANY LOWER COURTS. Litigants have learned the hard way that citing Supreme Court and High Court judgments is of doubtful value in any court, because judges freely ignore them. The belief that Supreme Court judgments establish a firm precedent to be obeyed by every court in the land, is total rubbish. Only idealistic civil-society members and activists still believe in the Law of Precedents. (See http://tinyurl.com/law-of-precedents-India ) Like  ·  Comment  ·  Share  ·

When members of the bar become judges in the same court (as is normal), their friendly relations or professional rivalries with their fellow-advocates will not suddenly cease. They don't stop being awestruck by their seniors, despising their juniors or hating their rivals. So, how can they be impartial? This is a structural defect in the judiciary. Like  ·  Comment  ·  Share

Unlike the US justice system which has a "witness PROTECTION program", Indian judiciary has a "witness ELIMINATION program". Our courts systematically defeat the good intentions of witnesses, failing which they eliminate the witnesses themselves. They create conditions where witnesses are rewarded for turning hostile, and severely punished for being honest. At great personal risk and inconvenience, witnesses appear before the court in murder trials or trials involving offense s committed by rich and influential people (such as Salman Khan's hit-and-run case). But rather than recording the witnesses' statement at the earliest, judges mechanically give tareekh pe tareekh for many months and years... until the witnesses' stop being cooperative, or their memory fades, or they are intimidated and choose to keep quiet, or they sink into debt and financial distress, and stop coming to court, or they accept money to change their story, or they are silen...

The Judiciary is acting almost like an alien ruler, giving its own STRANGE INTERPRETATION & TWIST to the laws passed by our elected legislature. With inscrutable orders, reliefs, judgments & procedures, judiciary makes our own laws incomprehensible to the Indian citizen and even our elected government. Implementing agencies and citizens alike are paralyzed by uncertainty, thanks to judiciary's unpredictability... because judiciary often upholds and protects obvious wrongdoers who encroach on the rights of the common man, e.g. big corporates and builders. "Independent judiciary" cannot be independent of WE THE PEOPLE. Otherwise, it amounts to a loss of Indian citizens' sovereignty. Like  ·  Comment  ·  Share

Knowledgeable court insiders understand that the merits of your case are of little importance. Their first question is, "Who is appearing for you?" Their second question is, "You are before which bench?" Third question: "Who is appearing for the other side?" Based on your replies to these questions, they sometimes shake their head in sympathy for you. "No chance, you will be dismissed," they say sadly, without even looking at your prayers, interim reliefs sought and case laws cited. Surprisingly, their predictions are quite accurate. Why is this so? Let us understand. Like  ·  Comment  ·  Share

Lawyers and court insiders have detailed knowledge of how citizens are wrongfully deprived of their life, liberty, justice and hope. They know of various judges' corruption, malpractices and bad habits. And yet, even the honest ones among them suppress their conscience and keep quiet. This is because they have much to lose if they open their mouths, and much to gain by keeping their mouths shut and taking advantage of the faults in the system. Like  ·  Comment  ·  Share

Many lawyers who defend habitual criminals BECOME JUDGES in the normal course of events. Our justice system mandates lawyers to defend criminals by using all methods fair and foul. Successful lawyers are invited by the Bar Council to become judges. Such judges have an inclination to obstruct the prosecution, enable destruction of evidence and intimidation of witnesses, to help criminals go scot-free... don't they? Many judges at all levels of judiciary, including chief justic es, have such track records. By throwing procedural obstructions in the path of prosecution with endless adjournments and stay orders, and knowingly creating circumstances for destruction of evidence and intimidation of prosecution witnesses, they help criminals escape punishment. This fatal flaw in our judicial system is generally overlooked. We need to change this grave flaw in the system of appointing judges.   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...

Judiciary is the clearest sign that India’s intellectuals are still steeped in dogma and superstition. The entire legal process is commercial exploitation of our blind faith. Lawyers and judges thrive on INTELLECTUAL DISHONESTY... and the best brains in the nation are cowed down by the sheer brazenness of this dishonesty. Please ask: How can three sets of lies cancel each other and lead you to truth and justice? But this is exactly what you are supposed to believe when you sa y, “I have full faith in judiciary”. Otherwise, it is contempt! Everybody in the courts -- and especially judges – know that both defense and prosecution-side lawyers earn their fees by telling half-truths, misleading the court and the client, tutoring witnesses or intimidating them, seeking adjournments and stay orders, suppressing material facts, ensuring placement of their case before “friendly” benches, etc. etc... And yet we are supposed to believe that the whole thing ends in discovery of truth and ...