Nazaria -13 Articles Posted on: 2013-09-26
Lawful – Lip sympathy to Litigant constituency – an opportunity to affect change in the mind set of Judicial System Operations!
“Litigation today has become for the RICH and by the RICH” a news paper wrote in context of the statement made by Union Law Minister during his visit to Chandigarh for inauguration for the Bar Complex II on the premises of Punjab & Haryana High court, Chandigarh.
The IRONY of the system is that we, long – long ago, got down from the PATH of REAL LIFE – HONEST GOVERNANCE to the difficulties of huge economical difference between : Have or Have not’s and developed Filmy kind of life, displaying imaginary wishful desires of the operators with unending list of excuses that opposition party ,Press ,foreign powers ,bad elements of society ,British – Indian rule book adopted, do not permit them to do good for welfare of society on larger scale .The writer has gone through litigation for a land dispute over a small piece of land developed in 1972 from the lower court of S.D.M. & than in Civil court at Ajnala ,Amritsar, Punjab .Despite basic law on our side, the operational management of law suits by other party, while living near place of dispute , got advantage to be successful .So called caveat after the High Court judgment favoring us was filed in Supreme court for initial period of six months ,the standard period for likely appeal by other party .The other party came to SUPREME COURT after lapse of six months & affect of caveat was over but the other party managed to get their views heard resulting in interim stay confirmed without reference to caveat filed or reasonable time provided to the counsel ,having spent substantial amount for hiring services of an advocate in Delhi.
We, both brothers, one retired & other one close to the time of retirement, went to Delhi through a reference, got engaged advocate who quoted standard fee for Rs. One Lack to Rs 1,25,000/- but agreed to do our case for Rs. ‘X’ amount , paid the money on next visit to Delhi .When draft facts filed were disclosed to us ,found major deficiencies & we got annoyed ,withdrew case ,took back about 75% amount & looked for other advocate .We made another plan to visit Delhi & fixed new advocate who finalized fee for ‘Y’ sum & paid to represent us in the Supreme court .Made a couple of visits to Delhi showing records ,finalizing contents of the case .We finally got in line to be heard .There were about Four visits to Delhi for likely case hearing but on three occasions :Hon’ble Judge remained busy for larger Bench being member for Constitutional Bench & our case could not be taken up ,hence returned back .Final opportunity got last occasion when our counsel stood up to state that the stay granted is on the basis of misleading evidence ,which was not relevant & applicable for case on hand ,the advocate for other side stood up that it is his privilege to be heard first , hence was allowed and our counsel was virtually reprimanded from body language by his majesty to sit down .
The total OPERATIVE ACTION may not be for more than FIVE minutes and interim /adhoc stay confirmed by Lordship .We brothers standing there inside were bewildered on actual scene for a while on our effort put in : to muster funds for hiring advocate ,taking out time to visit Delhi but having been allowed just less than Five minutes to our case & most time given to the other advocate and less than HALF A MINUTE to our counsel .We saw another real side of methodology for JUSTICE DISPENSATION at the hands of over occupied ,appearing to be in great hurry to attend other important or very important subjects on their bench but we felt that even TIME allocation by Hon’ble Bench gets allocated in view of the unknown VALUES in the cases leading to development of new methods of JUSTICE dispensations. Two generations have gone from our grandparents to parent side but case goes on in the court for Justice we believe is not taking place since 1972 .The Law operators may have their own reasons to justify the present methodology which got constructed with passage of times or many other reasons explaining their side for delays but definitely the views expressed by Hon’ble Minister that Litigation today has become RICH & by the RICH has many other facet of life as narrated above including he not being aware the difficulties faced when made to pay fee by selling certain assets Hon’ble Minister has inaugurated new Bar Complex extension – I on 25th Sept 2013.
The news reported that there is a strength of about 7000 advocates in High Court .The High court is meant for litigants, who otherwise pay – hire services of advocates listed among registered strength disclosed .Exclusive rights for Parking to advocates, sitting place for advocates are developed & delivered within standard frame work. One wonders that who is to speak for basic proportionate space & services facility allocations for litigants. Let us get back to the consumer angle or cause of common people, how much the legal fraternity care for them considering development of another new court complex in Chandigarh .Public is informed to have been provided the latest – modern court complex constructed in sector 43 ,Chandigarh .