Is Judiciary not answerable?

Background

Few months back some top lawyers of Punjab and Haryana High court had beaten up a policeman on security check duty at the high court entrance. FIR was filed against those lawyers. But instead of challenging that FIR in court of Law, all lawyers of the high court went on strike and protested on the streets of Chandigarh and in front of the governor house. And the FIR was cancelled .Their protest had Won. But did the keepers of justice, did Justice?

It raised certain questions in my mind. I raised those questions in my letter to more than 100 honourable judges of the Punjab and Haryana high Court, Judges of Supreme Court of India, Bar association, and top activist lawyers of High court.

But I received reply from only one honourable judge of Punjab and Haryana high court.

I am sharing with you the questions I raised in my Letter.

Copy of the Letter to Honourable judges-:

The recent strike by the advocates gave me a feeling of being cheated (in the form of yet another ‘date’) as a child waiting for his turn to get the medicine when the ‘Doctor’ suddenly closed his shop (Clinic of Justice) when he saw that ‘his own child’ is also in the same queue and the doctor, knowing well the truth of his medicine, dared not to give ‘his own child’ the same medicine which he has been prescribing since freedom of the nation.

This strike has raised many bitter questions:

1.            Have the members of the Bar ever advised any victim of a FIR that he should get it quashed by using muscle power of his own tribe or have they ever advised him to have faith in the law and engage him as a lawyer?

2.            That the lawyers have no faith in the system.

3.            Long back I asked two legal luminaries “why lawyers help each other on getting adjournments” One of the luminaries stated that it is a matter of ‘Legal Ethics’ and other said it is ‘Mutual Conspiracy’.

4.            Are you aware that there are lawyers who get the stay by misinforming the court and then keep on getting adjournments till the subject matter becomes infructuous and then both the lawyers suddenly appear in the court as if they were waiting for that day. What should we call it?

5.            Does the court judgment depend on-?

 a) Merit

b) Face and Fee of the Lawyer

c) Mood of the Judge

6.            Do you know that there are lawyers who encourage people to file false criminal cases (lodge false FIRs) and when police refuses to oblige them they file a case in court where they being in the control of things can manage and get everything decided in their favour?

7.            Does it mean that in order to get an FIR (false or otherwise) stayed or quashed, in future, one has to use muscle power of his tribe, the way it has been amply demonstrated by the hon’ble Bar and equally encouraged by the Hon’ble Bench, which was headed by none other than the Hon’ble Chief Justice of this Hon’ble Court.

8.            How can the court be discriminatory and selective that for the cases of other clients (who have paid lawyers heavy fee) do not get any stay but for their own fraternity case the DB of the Hon’ble Chief Justice and stayed the FIR?

9.            In fact, I was just thinking of bringing this unfortunate incident to the notice of the All India Bar council so that they may advise the members of the Punjab and Haryana Bar Association ‘to have faith in the justice system of India’ but to my utter shock I read in the newspapers that they had not only supported the lawlessness of the Punjab and Haryana Bar but also advised the advocates across whole of India to follow in the footsteps of the Punjab and Haryana High Court Bar Association.

10.          As a door which opens only once in a year should it be called a ‘wall’ similarly a ‘Nayalya’ which keeps on giving ‘Tareekhs’ should be called a ‘Tareekhalya’.

11.          Above revelations give me an impression that the injustice that ‘Aam Admi’ is getting in India is not only because of the Hon’ble Judges but also hugely because of the role played by the hon’ble members of the Bar who are our own brothers, uncles, nephews, etc.

12.          Will the hon’ble BAR discuss debate, argue and enlighten the ‘Aam Admi’ as to how the system can be made just and fair for him?

13.          As a patient approaches the doctor for his physical injuries he approaches the ‘Clinic of Justice’ for not only physical injuries but also for emotional injuries. Can a doctor take full fee in advance for the surgery which he may never do on his patient and keep on giving dates in future till the patient dies without the doctor having to return the fee?

Important- This is not a Satire or in Lighter vein 

Most humbly daring ‘Aam Admi’,

Meekly yours,

Prof. K K Garg

PEC Campus

Sector 12, Chandigarh