When & How Also You Can file Writ /PIL /Petition in High Court

Dr. Subramniam Swamy was right when he said on India TV, Aap Ki Adalat, Rajat Sharma TV show, that "It is good if Janlokpal Bill is passed, but even if it is not passed, I can show you that the existing laws are enough in this country to deal with corruption".

Here, I will try to simplify to you, how tomorrow you can go in any high court and file any writ/petition/PIL.

No High Court is likely to refuse your petition if you meet certain simple requirements.

What is a Writ Petition?

It is a simple application to High Court which basically says FOUR things most clearly

1) Look, this Authority is not doing ..............................................................

2) Inaction of authority violates my Fundamental Rights .........................................................

3) Though, I made several applications to Authority, it is not giving reply or it has given a wrong reply.

4) I have paid Rs.50/-Court fee on this application.

That's it. Nothing more. Don't write Mahabharat or Ramayan or your entire story. The Judges have hardly time to read long stories. Be brief.

How to File a PIL?

PIL is nothing but a Writ Petition. In addition, you may have to satisfy court that you are not a busybody.

At present don't think about this. This is a complicated issue. If you go to file PIL just for publicity, High Court may fine you about Rs.10,000/-to Rs.50,000/-

An Example of How to File a Writ Petition:

Suppose you are not getting clean and clear Drinking Water in your area.

1) Go to Supreme Court of India website. Find Judgement of 2010 which says that "To get free Drinking water is a Fundamental Right.

2) Now file writ petition in High Court. Say that you are not getting free drinking supply. Show High Court judgement which says that Drinking water is fundamental right. Then, show that though you wrote repeated letters to authority, no one is taking proper steps.

That is enough. High Court will help you.

Is this as easy as filing an RTI Application?

Yes. But do take assistance of a lawyer. And file through an advocate. (An RTI officer is bound to give you reply, High Court is not bound to accept your application. It can reject it without giving you any reason. These are their special powers! So be very very humble in drafting your application and while making submission in High Court).

But What about Filing PIL Petitions to Expose 4G,5G,6G ...1000G Scams?

Don't be in a hurry to become Dr. Subramaniam Swamy in one day.

It takes time to develop muscles to fight against corruption. Justice A.K.Ganguli has already given a judgement with which you can file complaint before any Magistrate.

But these are all Life Risking and Dangerous litigations. Don't do this. Instead, just send your complaint to Commissioner of Police, and if he does not take action, then seek help of High Court.

Haresh Raichura

30/4/2012

Inspired by Interview of Dr. Subramaniam Swami, seen on India TV on 28/4/2012

What may happen to your properties when Lawyers Will Enter in Business of Buying and Selling Disputed Properties?

Legal Horrors have started Surfacing in India!! Two brothers have disputes about their properties. Their Court case is going on. They both hope for justice. Now imagine the horror!! Some lawyers who have no connections with the case, arrive and make spot survey of property from a distance. They estimate market value of property. It will be usually in millions of rupees.

Then they start looking for buyer for the disputed property. Some one invests. Someone agrees to buy. The two brothers, real owners, will know nothing until a legal rope will come around their neck, which will force, them to sell their property and to accept price offered to them!

If you have any property dispute in any court, well, I have nothing to say. I can say nothing. Take care.

I am not a reformist. I have nothing against lawyers who earn in their own way.
I write this post only because today, during lunch break, one of my former stenographers came to seek my advice. He asked me if it is OK to join business with some such lawyers.

I advised him to stay away from such things.

Haresh Raichura
30/4/2012

Do Frogs have Right to Live under Article 21 of Constitution of India ?

Some Jain Community people wanted that Dissection of Frogs in Medical Courses(in those days) should be banned. They filed a writ petition through me in Supreme Court, many years ago.

Matter was drafted on lines suggested by a senior advocate and retired Chief Justice. We also engaged a senior advocate to argue pro bono.

The writ petition was listed before Non-vegetarian Bench of Judges.( It makes little difference whether your cases is listed before vegetarian or non vegetarian judges)

We argued for Right to Live for frogs. But we failed and matter was dismissed summarily.

But I think question of Law is still open.

I remembered this case again when I noticed that a twitter-friend in Japan is trying to persuade people not to eat fishes as the sea is polluted by nuclear accident there.

I think frogs and fishes have Right to Live as much as we have. But then question will arise what some people eat? It will affect their right to Eat also.

45 Years ago, I read a question for which till today I have not found any answer.

The question was : "Rice makes the people grow and people make the rice grow. But why people grow too many for rice?

Haresh Raichura
30/42012

New Child Abuse Law Warning: If law to provide for Life Imprisonment for rape on minor is passed, murders of minor girls will increase.

If you doubt, you can re-read this post after one year. Today's Times of India front page news reads,"Woman's  body found in capital, 3rd in 5 days."... If criminal laws are passed without consulting Judiciary and without obtaining opinions of Qualified Criminologists, every law passed to decrease a crime, is bound increase that crime.


If I am not mistaken, a Bill is already approved by Government to Punish with Life Imprisonment for rapes on minor. Soon this will become law.

Next time when any criminal will rape a minor, after committing rape, he will think like this; "Punishment for this rape is life imprisonment. Punishment for murder is also life Imprisonment. If I murder this girl now, she will no more be available to be witness against me. I will have better chances to escape law if I murder this girl now".

Then we will hear more stories of "Murder and Rape of minor girl".

I think before this law is passed, Government should take opinion of some judges, lawyers and criminologists.

Haresh Raichura
29/4/2012

80% Civil Court Cases can be REDUCED by Minor change in Contract Act.

Unfortunately, we are living in country of 1.21 billion ill-informed people. Justice Katju said 90% of us are fools. We thought he was insulting us. (Actually, he was trying to tell us that 90% of us (including intellectuals and media people) need training lessons in Critical Thinking skill).

Here I want to say that 80% civil litigation can be reduced by making a minor change in Contract Act.

Before that I wish to say Three Things: (Please understand seriousness of next Three Statements)

1) In this country, there are thousands of provision of law which have become outdated and obsolete. No one bothers to abolish and repeal them. In a previous blog, I have given example of Sec.166 of Evidence Act relating to powers of Jury. Jury system abolished more than 40 years ago. But till now, no one has time to repeal this section.There are thousands of such obsolete provisions in law books.

2) No one in this country knows, how and why and at whose instance certain laws are being passed. No one seeks opinion of Supreme Court or any other Judicial bodies before passing any law.

3) Now, this third is a little harsh statement. It may hurt some good people. With due apology to them, I have to say this. "LAW COMMISSION OF INDIA is a FAKE BODY".  Just request its Chairman and members to come live on any TV Channel and explain to people what they are doing and what are they supposed to do, apart from taking salaries and perks. I will be glad if my perception is proved wrong.

Now Why I say that 80% Civil Cases can be reduced by making a minor change in Contract Act.

In India, Oral Contracts are permissible. People can go to court and file suits by saying that some person ORALLY told me such and such thing now he is not keeping his ORAL promise. 

In other countries, situation is different. Only Written and Signed agreements are valid. If you want to go to court, you must have written and signed agreement of whatever you want to allege. 

Once such a change is made, people will become more clear in their dealings. 80% civil litigation can be reduced. (This is my perception.)

This issue can be explored in detail. But for you to understand my point, I think this much is enough.

Haresh Raichura

29/4/2012

When Justice KATJU was retiring as Judge of Supreme Court...A six-part poem

When Justice Markendey Katju was retiring as judge of Supreme Court of India, I composed following images in form of a six part poem. 

An Imaginary Piece

Inspired by

Hon’ble Mr. Justice Markandey Katju

Judge Supreme Court of India

(Six Parts)

(1)

A Vibrant Judge

In the Mountains of Tibet

Younger Lama asked Elder Lama

“What is the definition of

A Vibrant Judiciary?”

“A ‘Judiciary’ which emits

Strong and resonate sounds

Is called a Vibrant Judiciary.”

Replied Elder Lama

“Which Judge of Supreme Court is the most vibrant judge?

Which Judge is the most liked

By the young generation?”

Younger Lama asked further two questions

“First question is difficult to answer.

Because each judge emits strong vibrations

According to merits of case.”

“But second question can be easily answered.

Justice Katju is the most liked Judge

Among the users of Facebook on Internet.

Number of his fans on Facebook

Is the highest in India”

Elder Lama gave a verifiable answer.

(2)

His Comments

An imaginary Day

In an Imaginary Parliament

                            The members were discussing

A controversial clause in

Judges Accountability Bill which proposed

to make judges accountable

for making unwarranted comments in courts

A Member stood up and asked the Minister,

“Are we not encroaching

Upon Freedom of Expression of Judges?”

“No.” Minister replied,

“We are placing only Reasonable Restrictions

Which are permissible in law.

A judge does not become accountable per se

When he makes an unwarranted comment.

But he becomes liable only when his comment

Hurts or places into difficulty

Some senior leaders of the country.”

The Member then asked again,

“A Judge has made following two comments in Court:

1)    Husbands are well advised to obey their wives

2)    The Corrupt should be hanged on a lamp post.

Will he be accountable for such unwarranted comments?

Can a he be made liable for his comments

Even after his retirement?”

The Member wanted to know.

 “For first statement, any husband can file complaint

Against the Judge.

For second statement, any corrupt officer

Can file complaint against the Judge under the New Act.

The complaints can also be filed even after

The judge has retired.

“But we will put adequate safeguards in the Act

To protect judges against

‘Hired Complainants who may be acting at behest of others’

And also to provide for dropping of proceedings

If judge resigns or retires.”

The Minister assured the Member

 (3)

Hearings before the Judge

“There are many lawyers who say

That the Judge did not allow them to speak.

Is it true?”

Younger Lama asked Elder Lama

“The Judge also used to say that

The lawyers were not allowing him to speak”

Elder Lama pointed out the other view

After a pause, Elder Lama added,

“The Judge and the lawyers

Always disagreed on Rules of the Game.

But they still kept playing on harmoniously.

The Judge wanted to lay down following rules of the game:

“First, Learn to Think like a Lawyer.

Second, Learn how to address the Court,

Third, Argue only matters which are fit

For arguing in Supreme Court.”

The lawyers could never agree with these rules!

 For the reasons they cannot say in court!

And for the reasons which a Judge can never understand!

(4)

His Humour

Levity At Work Place

“What is the new concept of ‘Levity at Workplace’?

Younger Lama asked

“The word Levity is opposite of word Gravity.

It means Lightness.

The concept means that

 You should not be serious-faced at workplace.

One should have fun

while working at his workplace.

                                    And now and then,

There should be smiles and laughter in the courtrooms.

For example,

In Court of Justice Katju,

One cannot sit without smiling

for more than five minutes.

This is called concept of Levity at Workplace”

Elder Lama explained

(5)

His Fearlessness

The Taboo-Breaker

“In all societies, it is taboo

To talk about certain things.

What discussions are considered taboo

In community of Lawyers and Judges?”

Asked Younger Lama

“To discuss about

Incomes Of relatives of Lawyers and Judges

Is considered taboo in the community

Of lawyers and Judges.

The moment you discuss it,

You run the risk of being beaten up.”

Elder Lama replied.

After a pause he added.

“Once Justice Katju broke this taboo

And he discussed about incomes of relatives

Of judges of some High Court.

He went further to record the state of affairs

In his judgement.

He thus broke a Taboo”

(6)

His Memories

Fifteen Years After

The Judge had  retired

In Supreme Court Bar Room,

Lawyers were discussing

What happened the other day in a court.

One 80 year old advocate interrupted,

“Oh! This is nothing,

You don’t know what Justice Katju used to do.

I had appeared before him.

He used to………”

And so on, the stories of Justice Katju

Lived on for many years.

                                                     -Haresh Raichura

                                Advocate on Record

Supreme Court

Dt.17/9/2011

Uploaded  on blog  

28/4/2012

Law to Receive Divine Grace and Election of Justice Dalveer Bhandari as Judge of International Court of Justice

This is a philosophical discussion between two imaginary Lama on Election of Justice Dalveer Bhandari, a sitting Judge of Supreme Court, to a Judge of International Court of Justice. (27/4/2012)

This is a moment of pride for advocates practising in Supreme Court. One day, he was just an advocate like us.  Today he has reached summit. Here I do not want to describe work, judgement, qualities etc of this humanitarian judge. I just want to write down some thoughts which came to my mind, in form of an imaginary conversation between two lama.

In the Mountains of Tibet


Two Lama were sitting outside their hut
to bask in the morning sunlight

Younger Lama asked Elder lama,
"What can you say about election of Justice Dalveer Bhandari
as Judge of International Court of Justice?"

Elder Lama thought for some minutes
and then he pointed out to a mountain summit and said,

"There are three routes by which people reach to summit.
One is air route. You reach there through helicopter.

Second route is through climbing stairs or rocks.
You climb stairs and rocks.

He reached there by third route.
Many people since centuries know about existence of this third route.
But very few can see it.
In the whole world, there could be less than a thousand people
who can actually see this route!

Those who have seen this route cannot describe it through words.
Even poets cannot find words to describe this route.

Even if I tell you about this route, you will not be able to see it."
Elder Lama mystified the issue.

After some time, Younger Lama asked again,
"Please do tell me about this third route by which people reach to summit.
Even though I may not be able to see it,
I will try my best to understand it"

Elder Lama tried to explain,
"When a river reaches from Summit of mountain to ground,
it flows effortlessly.
At times flow is blocked,
At times rocks stop river flow,
At times it falls into valley,
At times it moves right or left,
but it flows on and reaches ground effortlessly.
This happens because of an invisible power called Gravitational Force.

Now think this in reverse.
Some people effortlessly flow from ground to summit
by an invisible power called Divine Grace.

This is the third route.


By some invisible Law of Divine Grace,
a man continues to flow from ground to summit''
Elder Lama replied

Younger lama paused for sometime,
and then asked,

"Please tell me more about this "Law of Divine Grace"
If it is a Law just like Law of Gravitation,
It must work for everyone.
It must work on me also!
Please tell me more about this Law
And also tell me how I can come under pull of this Law"

Elder Lama said,
"When you are in pull of Divine Grace
you feel as if you are floating towards Divine Grace
And all things which are fit to be offered to Gods,
start coming in your path.

"When you do things which Divine approves
you start drawing towards Pull of Divine Grace

"When you do things which are disapproved by Divine Grace
You start floating away from the Pull of Divine Grace

"It is your doings every minute which decides
whether you will float towards Divine Grace,
Or, whether you will float away from Divine Grace."

Younger Lama said,"Oh ! This looks very simple!
Why did you say that less then a thousand people in world
only can see this?"

To this question, Elder lama gave no answer.

Haresh Raichura
28/4/2012

If Corruption is name of a Blood Group in Human Beings, what are we fighting against?

I think basically India is fighting against "Excess of Corruption". Not against each and every act of corruption.

I can say following    7   points to show that it is impossible to fight against total corruption in public life.

1. Killer Shark Fishes :  It was found that DNA of Killer Sharks and human being are almost similar. Human being are the most dangerous animals (species) on planet. We have controlled and overpowered all other animals. Some vices are bound to be in us.

2. If you go to do business with any Government or company officer, in the entire world (including India), the official will check your proposal with TWO question in mind; 1) What is in this for My Company or Country; and second question will be 2) What is in this for ME or My Family members? All answer to second question, are bound to be looked upon as corruption. It is almost difficult to remove DNA of this second question in human blood. If it is so, then there is no question of anyone ever being able to remove corruption totally. Look around the world, the Corruption is a raging issue in all over world.

3. Then it is a question of "Permissible Corruption" and "Non-Permissible Corruption". Whenever, the Corruption exceeds tolerance of people, someone comes up from somewhere, fights against corruption and brings it permissible levels. Then relapse follows. Then after another 40 Years, the corruption will again reach "Non-permissible" Limits and another fight will begin. The cycle will go on.

4. What people can to do is to press for more transparency and punishments for "Excessive -Non permissible limits of corruption." We cannot fight with corruption unless the word 'corruption' is defined in such a way that we can deal with. We cannot fight with an issue which is not defined first.

5. Our Courts are GAGED with thousands of corruption cases where bribe amount is less than Rs.500/-. When will the Courts get time to do deal with "Big Corruption Cases" which are never FILED before them except when Supreme Court directs?


6.  Instead of killing the "Corrupt", the focus should be on "Killing The Process Which Permits a Person to become Corrupt."

7. Seeking more and more transparency in Public affair and asking more and more questions in public deals can be the realizable goals.

Haresh Raichura
28/4/2012

In 70% Cases Lawyers are not ready, in 20% Judges are not ready when cases are called out

The Court Room Procedures (Manners) are not well defined in India. Supreme Court has its own procedures and conventions. Each High Court in India has its own rules. And each judge has his own methods of hearing cases.

You are a lucky and legally healthy person if you have no case in any court. If you have a case in court and if you go to court and if you return with only date you may feel a little disappointed.

There is no survey is made, but it is my feeling that in 70% matters Lawyers are not ready, (Because client may not have sent agreed fees in advance, he may not have send some papers or signatures etc.) In 20% Judges may not be ready (if facts and laws are complicated and big heavy weight senior advocates are appearing). In 10% matters (where lawyers on both sides and Judge also is ready), matters go smoothly.

It is not possible for a judge to decide case without assistance and co-operation of both side lawyers. Perhaps, if he insist, and if there is pressure from above to finish certain cases per month, he may decide case but it will not be a just order. He can't grasp whole case unless assisted by minimum two lawyers.

Perhaps the problems lay in reluctance of Judiciary to seek opinion of Management Consultants. They are the best persons to suggest protocols for courts.


In some foreign countries, 90% issues are decided before case is called out because Lawyers are free to issue Interrogatory Letters/proceedings, without need of listing a matter in court and without any order from courts. 


This can solve lot of problems if Judiciary considers these aspects.

Haresh Raichura
27/04/2012

Gandhiji (4) Fourth Monkey of Gandhiji - A Story to explain Why laws with Loopholes are passed

A small story can easily explain to you why so many Laws passed by Law-makers contain Loopholes because of  which 'Monkeys' cannot be convicted.

Gandhiji told us about Three Monkeys. One did not speak evil, Second did not see evil and Third did not hear evil..

There was however a Fourth Monkey also. His qualities were combination all three + 1 more quality. He will never speak evil, he will never see evil, he will never hear evil things but he will just keep doing evil things, silently, without leaving evidence.


After 1950, many monkeys were being killed by people. So the Fourth Monkey went to Himalayas Mountain Range. He selected a lonely peak and started chanting name of God for many years.

After his Tapasya of several years, God become pleased with him, appeared to him and asked him to ask for anything.

Fourth Monkey immediately requested God to grant such a promise that "No Fourth Monkey shall ever be killed by any person."


God said, "Such absolute promise cannot be granted. Ask something else"

Fourth Monkey, thought for a minute and than asked, "Grant me promise that No Fourth Monkey will be killed by people except in accordance with law."


The God granted promise and Fourth Monkey returned to India with happiness. He applied for job in Law Ministry, in department of 'Legislative Drafting".

He got job. Since then, while drafting every law, Fourth Monkey creates some loopholes in each law so that no fourth monkey can be convicted in accordance with law."



This story is told to me by a fourth monkey.

There is no evidence that this story is true.

Haresh Raichura
27-4-2012

Because of planted evidences, many Amitabh Bachhans are Languishing in Jails.... Who will care for these poor?

On TV when story broke out that Amitabh Bachhan has to spend 25 years with stigma because someone tried to plant his name in a scam, the whole nation stood up and everyone began to fold up his sleeves.

I am apologize for using name of Amitabh Bachhan, to drive a point once again that 40% poor people languishing in Jail are INNOCENT people. They are victims of PLANTED evidence. And yet, nobody cares for them. Their appeals(SLPs) have been dismissed by Supreme Court, and there is no hope for them.

No one is speaking about setting up of any permanent panel or commission headed by three retired Supreme Court Judges to inquire and recommend appropriate relief to such poor. (This does not mean rehearing of cases. It only means that, if something has gone wrong somewhere, outside legal frame work, there is some Human Forum who is there to listen.)

EVIDENCE ? What is the evidence that 40% innocent people are in jail?

1. You must have recently read in newspapers that three person were undergoing life imprisonment since 10 years for a murder they never committed. The "Murdered Man" was found alive after 10 years and as soon as this story came to notice of Supreme Court, these three were released on bail.


2. Amitabh Bachhan starring film MAJBOOR, was entirely on how evidence can be planted and how a man can be sentenced to death for crime he may never committed. Majboori, is the name of real culprit.


3. A crime may have been committed by one person, but if complainant is rich and has influential, police implicates and finds evidence against all the family members of accused. The Court, relying on "Lie Telling Complainant and planted evidence convicts these innocent persons also.

Lawyers and retired judges can tell you a hundred such true stories.


4. A client of mine is very poor. Almost a pauper. He has been ordered to pay of Rs.6,00,000 fine in addition imprisionment. Since he can't pay, he will have to undergo further imprisonment. Since when poverty has become a crime in India?


5. I do not want to take up your further time. If you are more interested, you can check other posts on this blog titled (a)Business of Filing False Civil and Criminal Cases in India (6 March,2012), (b) How innocent person can be sent to jail by Police (22 Feb,2012), where I have tried to elaborate these issues which no one wants to answer.

I once again apologize for using name of Amitabh Bachhan to attract your attention to plight of innocent persons languishing in jail.

Haresh Raichura
27/4/2012

PS. If anyone has objection to my using name of Shri Amitabh Bachhan, in this article, please let me know, I will remove this post immediately.

If you are parents of marriageable boy or girl, you may like to know effect of proposed law (Ban on sex below 18) on your daughter or son.

If legal age of marriage of a girl is 18 years, than all girls below 18 and boys below 21, who enter into sexual relationship are offenders. And may be liable to Three Years or may be life imprisonment. New Criminal Laws are coming for them. 


Even if there may be mutual consent for sex, the boy may have to go to jail, if the girl complains.

If caught, first their parents will have to pay heavy bribes to many persons for avoiding publicity and harassment by police. 

Then they will be brought to courts to be tried along with other criminals. Here, there will be lawyers to protect them. This is all fine.

But is it proper to expose this teenage sexual offenders or victims  to normal atmosphere of criminal courts? If we really want to protect their welfare, should we not conduct cases against them in separate court buildings?

Parliamentary Panel appears to have passed some Bill on the issue and it may be passed without much or any discussion. (Cabinet approved barring Sex below age 18 on 26/4/2012 TOI)

I have not seen the Bill. But I hope that good senior lawyers and judges will examine provisions of Bill before it is passed.

Haresh Raichura

26/4/2012

PS. In a survey of about 22000 married women, it was found that 47% of them had entered into sexual relationships before age of 18. Now try to imagine how many people will be hit by the new law.

In case of rape, the first thought that will come in the mind of rapist after committing rape may be like this,"If I allow this girl to live, they may send me to life imprisonment. If I kill this girl, then also they may send me to Life Imprisonment. So it is better to kill this girl." And he will kill also.

The law to protect Rape-Victims can in fact, start KILLING Rape victims!

We remain asleep when laws are passed and then we complain for years about bad laws!

Where Are The Brains of India?

During day time, he was holding a lantern in his hand and was searching for someone in the streets. When he saw me, he came near me and asked, "Where are The Brains of India?". I said I do not know. I pointed out to a traffic policeman and asked this Voltaire to go and ask him.

Traffic Policeman also did not know where were The Brains of India.

This Voltaire again came to me. I suggested to him  "If you can't find Brains of India anywhere, you can consider me as Brains of India. I know how to solve all problems of India."

He lifted his lantern near my face and looked suspiciously at me, as if to assess my intelligence.

Then he pulled out a plastic comb from his bag and challenged me, "Can you sell this plastic comb for Rs.1 Lakh?

I said no.

Then he put second challenge to me, "It is al'right if you can't sell this comb for Rs.1 Lakh. Can you buy this for Rs. 1 Lakh?"

Again I said no. He said, "Then how can I believe that you are the Brains of India?"

What he was saying looked reasonable to me. So I told him to go to America and find 'Brains of India" there.

Haresh Raichura
26/4/2012

The God and The Internet know Everything About Us

Whatever we do on internet, is recoded on servers as "Digital Signatures". In Hindu mythology, there is a God called CHITRAGUPT.  An invisible God who keeps record of every good and bad things we do. And after our death, our report card is placed before God YamaRaj, who looks up our report card and decides whether we should go to Hell or Heavean.

There are now analytical sites on internet who offer information by looking up in diary of ChitraGupt. If you visit any page on web, they can tell 1) All your personal details 2) Your Address and numbers 3) Your School friends 4) Your Family members 5) Details of all sites visited by you since Internet is born. 6) Also how much minutes you viewed a particular site 7) How much money you have 8) What are spending patterns and almost......A to Z about you.

Neither Passwords nor any Privacy Policy can help you. They know everything about us as much as God knows about us.

I think we should accept this fact. And start living in an open world. The secrecy or privacy is a matter of past.

Haresh Raichura
26/4/2012

Our Judges Are the Most Pitiable Judges in the world....?

Here, I must be wrong. There are miles long queues of "People who want to become judges". Some of them are willing to pay lakhs/crores of bribe if someone can promise to make them Judge of High Court or Supreme Court judge.

Then, how do I justify to say that our judges are the most pitiable judges in world?.... In fact, I have never gone outside India, and then how can I say that there are no more pitiable judges in the world?

A twitter friend @AnniMukkala recently visited a court and tweeted than nothing was happening there except dates! This prompted me to write this article.

Two days ago, I was sitting in Supreme Court. I was just observing the judges. Then  also suddenly this thought had came in my mind that, "Our Judges are the most pitiable judges in world".

Fortunately, Judges do not know this. Therefore they are happy.

1) I saw a young man who enjoyed solving all kinds of puzzles, crossword puzzles, magic cube puzzles. He was enjoying. Every time he solved a puzzle, he felt a sense of intellectual victory.

Then one day someone came and told him,"Here are 3 Crore puzzles. Everyday from 10AM to 5PM, you will keep solving these puzzles". He is still solving these puzzles. Isn't this pitiable?

2) When a Judge enters in Court, 10 minute before him, him a clerk comes in court with heaps of files on is shoulders. Who is carrying heavy heaps of file on his shoulders? Not the clerk. It is the Judge who is carrying heaps of Cases on his shoulders and on his mind.

3) Years ago in 1985, in  a Magistrate Court, a lawyer asked me, do you know how much a judge is paid for each signature he puts on case papers, proceedings and orders? He has to put so many signatures that even if he is paid 10 paise per signature, his total salary is still less.

4) A friend of mine was selected as judge. He was used to be happy. From seat of judge, he used to give all kind of moral lectures to lawyers. 

One day, a sitting High Court Judge telephoned him that in certain triple murder trial, he should acquit all accused. 

He did not oblige HC judge. Thereafter, all his promotions got into troubles. He was transferred at places where there were lots of problem. Anonymous complaints against him  raised. 

There was no place, there is no place where he can explain that all these were due to not obliging a sitting of HC. 

From that day till today, he is burning in flames of Injustice.

5) Then one day, I was sitting in Supreme Court and watching body language of judges and arguing counsel. 

The advocate had previously told his client, "Look, this judge is Fixed by Government. Whatever may I argue, the judge will not listen. This judge was also fixed by Government when he dismissed similar earlier case."

Having prepared client in advance in this way, the counsel stood up to argue.

Now also judges can read body language of lawyers.

Judge learned instantly what this counsel had tutored his client in advance.

Since judge had already dismissed similar case few days ago, this time he wanted to hear the matter with more open mind without being influenced by his earlier dismissal.

But the moment he saw body language of advocate, a strong dislike swelled up in his mind. And yet, he smiled and started hearing case.

The point is this.

The counsel argued and in a high pitched voice, as if he was arguing against a wall. His sole goal was to play to the gallery.


The judge patiently kept hearing, so that his client does not get impression that his advocate is not heard and whatever negative tutoring advocate may have done can be washed out.....

And once, while listening argument, the Judge yawned. I could imagine mental torture he might be going through. And then I pitied him. 

I pitied him even more when he started dictating order. This Judge has some kind of dogma or resolution in his mind that, "Every word I dictate, must be clear and correct." This requires full 100% attention of mind.

In spite of his strong dislikes and yawning, he had to collect all his mental strength to make sure that every word he dictates is correct.  This is a very extracting job. I just wondered how much mental energy he may have to spend each day.

I saw no difference between a judge and a grain market labourer who carries 100Kg jute bags on his back and keeps shifting from one place to another, whole day.

A labourer, can now and then, take a break, take a rest and can smoke a bidi. or a cigartte. But a judge can't even do that! 

Therefore I said that our Judges are most pitiable judges in world.

Haresh Raichura

26/4/2012

Power of Courts to restrict Press, TV and Social Media

On one hand, people are demanding that court proceedings be televised LIVE through internet and audio recordings of all Constitutional Bench Case hearings be made available to people through internet, on the other hand, too much media attention on criminal cases, is interfering in administration of justice.

In principle,all  the Courts have power to restrain media, in specific cases, from reporting proceedings in certain cases. But to implement this principle is very difficult.

1976 U.S. Supreme Court pondered over these difficulties in case of NEBRASKA PRESS ASSN V. STUART 427 US 539 (1976).

The issue today has become more complicated after arrival of "YOU TUBE" and "PIRATED WEBSITE WHICH ARE BEYOND REACH OF LAW OF ANY COUNTRY".

SITUATION IN OUR COUNTRY (INDIA)

THE PRESS COUNCILS


1)     We have Press Council of India. They have issued guidelines. But what is to be done, if a section of Press knowingly violates these guidelines? And after Twitter and Blog, the millions of users have become "Social Media Press Reporters". How Press Council can guide them all?

THE COURTS


2)      A court has inherent power to pass order that court proceedings of certain criminal case, i.e. child abuse case, rape case may not be reported by any media or any medium of public broadcast, till the evidence is over. 

But it can do so only,......

a) If there is an application, stating grounds to show that if restrain/ gag order is not passed, fair trial will be prejudiced. 

b) Then Applicant will have to show evidence in support of his apprehension that his apprehension are reasonable, some damage has already happened by bad reporting.

c) In any case, proceedings in point a) and point b) above have to be in public. Then only they can bind public in rem.

d) Once reporting of a) and b) above is done, certain damage is bound to happen to accused. But it will be necessary if and order is sought to be in rem, binding on everybody.

Remedy to Press if order is wrongly passed by any court

Any press reporter will have right to challenge such order in immediate superior court.

Remedy to Accused Person, ...... if Press,TV and Social Media reports in defiance of stay/gag order.

He will have mainly two types of formal remedies.

1) To take out contempt proceeding against whoever may have violated order, including against Social Media.

2) To take out damage-proceeding against violators.

If the Offensive Reporting is uploaded through a pirate website, beyond laws of every country, it doesn't matter. Because it is the DOWNLOADING of reporting which makes it offence. Whichever computer or IP number has downloaded contents, will be liable.  

Practical Use Of This Law

Most probably, this law will be invoked in rare cases and mostly by rich people. It will be beyond reach of poor accused to take out contempt or damage proceedings against media houses.

So far as poor accused are concerned

There is a saying that God always takes care of the Poor and the Drunkard. He will take their care.

Haresh Raichura

25/4/2012

How to read a persons from slips of pen, slips of tongue and from his tweets?

I first learned words "Slips of Pen" and "Slips of Tongue" in Dr.Sigmund Freud's book, "Psychoanalysis in Everyday Life". I read this book in my college days, 40 years ago. But since then this knowledge has helped me many times and at times, it had been a life-saving for me.

This knowledge can be stated in simple words like this:

Many times, while writing something, we make mistakes. We immediately cross off it and use another word which we wish to use. Freud says that the word which we crossed off, was reflecting our true intention.

He gave many examples in his book. One example I still remember is about a man who goes to a chemist shop and asks for poison to kill mice. While asking for poison, his tongue slipped and my mistake he used word "Man" instead of "Mice". He immediately corrected his slip of tongue and said that he needed poison to get rid of mice in his field. The chemist asked him to come in evening.

After the man left, the Chemist reported this incident to police. The police caught hold of the man and interrogated him. It turned out that he had plans to inject the poison in city water supply.

Then Freud gave various examples to make of a point that every slip of pen or tongue we make, could indicate true things going on in our inner head.

SOMETHING FURTHER

Because of this knowledge in book, over years, I used to look at every slip of tongue of others with curiosity. 

I roughly learned that,

Just like every person has his own unique signature, every person has his own patterns of speaking and writing. When he is lying, his pattern deflects. And it is very easy to notice it"

As lawyers, we have to read reported judgements of courts. 

It must be experience of many lawyers and judges, that while reading these cases, 

(1) Sometimes by reading a paragraph, we can say which Judge has dictated judgement. 

(2) We can see paragraphs where judge is struggling to give wrong reasons. 

(3) For this very reason, if trial court judge has written some wrong judgement with some ulterior motive, the Superior Court can easily see it.

Years ago, I argued before one Bench in Supreme Court, that "The Trial Court Judgement, by which my client was sent to life imprisonment, was actually written 80% by this Trial judge's steno and only 20% by the trial Court Judge himself. The language of judgement says so!" 

My argument was based on my knowledge of patterns and slips of pen in judgement. Fortunately, the Court dismissed my argument. Because even if I may be right about trial court judgement, it does not prove that my client was not guilty. 

But the fact remains that, each one of us has our own patterns of writing and speaking. And these patterns deflect a little, when we are lying.

Now About Reading Minds of a Person through his tweets.

I have only one experience. Someone from a neighbour country tweeted and asked that, since his ancestors were Indian, whether he can now become Indian citizen. I looked up law and tweeted him. A couple of days later, a thought came to my mind, and I checked other tweets of this friend. One of his tweet to his other friend, read, "Why only Hindu girls are converting? Why Hindu boys are not converting?"

I discontinued following him and stopped further communication. This friend may be good and pious person but personally,  I do not support attempts to convert by Any Religious people. 

All these lead to only miseries for mankind and bad reputations for all Gods.

Final Conclusion

It is possible to read people through their tweet, slips of pen, slips of tongue, patterns of grammatical mistakes, patterns of sentence structure and through deflections in this patterns. 

It is a good idea to study tweets of some person to know his overall mental aptitudes. 

Haresh Raichura

24/4/2012

Do you belong to any Micro-Voter-Groups? New Political Power Centers?

Both National Political Parties are losing their relevance.
Both of them are losing their Grip over their Party-Workers-in-Streets.

U.P. Elections has proved it.

An Individual voter has no influence. Whether as an Individual, I vote for  A Party or B Party makes no difference.

Political Powers Seems to be descending in the hands of "Micro-Voting-Groups".

You may have a group of 10 friends. Let us label as G-10.

 Each of your group can have different and independent views on every matter. But during any kind of voting, do all voter of G-10 group vote for a any same candidate? This is very important. This turns your Group Of 10 Friends into a Micro-Voting-Party.

It is not necessary that one of you should be leader and other 9 friends should be followers. One of then can be designated as "First among the equal" who will be a nominal head of group. He will have power only to speak majority verdict of Group of 10.

And there should be a neutral label of your group which does not indicate in which way this group will vote. If the label of your Group of 10 voting-friends, disclose the way you 10 were going to vote, it will lose it power.

The power which national parties are losing, must go somewhere. May be the power start will going into hands of  Micro-Voters-Groups, which may have different opinions in all matters, but they still are united when Voting on any Respect is concerned. 


Haresh Raichura
25/4/2012

Three Senior Advocates (About deteriorating Standards in Supreme Court) - A poem

This may interest only to Lawyers and Judges. 

When a Senior Advocate argues in Court, certain standards are expected from him. One Such standard is an assurance that Senior Advocate will not make a false statement and will not actively or passively try to mislead court. 

This poem gives one sided, rather dull view. There are very high standard Senior Advocates also.One day, I will try to write about them also in order to balance the picture.

Three Senior Advocates

                                                                         

(An Imaginary Piece

Inspired by three hearings

In Supreme Court some months ago)

(1)

A day in Court

Judges were hearing a multicomplicated group of cases

One judge looked at the Prominent Senior Advocate

Who was arguing lucidly

Since last three days

And then the Judge confronted him,

"Yesterday we put a specific question to you

Whether matters of Mr.X petitioner

Are also part of this group.

Junior advocate on other side said 'No'

But you empathetically said YES.

We proceeded on basis of what you said.

And now you are saying that

Petitions of Mr.X are not part of this group.

Explain this."

Senior Advocate denied that he had ever

made any such statement

And then he tried to explain

what he had actually meant by what he had said.

And then,

he gave up futile efforts

and  candidly admitted,

'Al'right. If i said that I said that.

I cannot escape away from that.

But the fact remains,

Petitions of Mr. X are not part of this group,

And they have to be heard separately

As they are led by other prominent senior advocate'

Judges recomposed their thinking

And continued to focus on merits of case.

(2)

Another  Day in Court

Matters were listed for admission hearing

As the matter called out,

Judge said to Senior Advocate,

"Your appeal is pending.

You argue your merits there.

Why should we interfere here.

You better go there."

"Appellate Court has already found in my favour"

Senior Advocate emphasized

For a split second,

The judge was taken aback.

He re-looked at his notes and shot back,

"Mr. Counsel, why do you say so?

That finding was in an appeal from an interim order.

Your main appeal is still pending.

How can you say that

Appellate Court has already found in your favour?"

After an anguished pause,

Judge dismissed the matter and said,

"Mr. Counsel why do you make such statements

When you know  that we come thoroughly prepared?"

Counsel said nothing and moved on

There were some other matters to do

in some other courts.

(3)

A Final Hearing Day

As the case was called,

A junior lady advocate started her case

And started to explain what was the appeal about.

Immediately, a young Senior Advocate rose from other side

And interrupted bluntly,

"An another appeal arising from the same impugned judgement

Has been already Dismissed by this Court."

His three other assisting advocates also nodded to support him.

Judges turned to listen  to the senior advocate.

Lady advocate tried to say something

But judges asked her to wait.

"Did you say that another appeal arising from the same impugned judgement

Has already been dismissed by this Court?"

Judge wanted to be sure.

"YES. An another appeal arising from same judgement

Has already been dismissed by this Court"

Senior Advocate vehemently submitted.

His three assisting advocates also nodded vehemently to support him.

Judges turned to the young lady advocate asked,

"Then what is the point in hearing this appeal

When other appeal has already been dismissed".

"It is pending. My Lords."

said the young lady advocate

And handed over computer report.

Judges looked at the report and then asked Senior Advocate,

"She says that it is pending.

What have you to say?"

Senior Advocate looked puzzled.

He started looking at three assisting advocates

And three assisting advocates

Started looking at one another.

No one had any answer.

Judge gave them an advice

“Never make a false statement in Court.

The Judge will always remember you.”

Young Senior Advocate just smiled.

The Judge himself was going to retire in a month.

What difference does it make!

He thought.

The Judges again turned to young lady advocate

And started hearing her appeal.

                                                                

-Haresh Raichura

             18.11.2011

P.S. I have forgotten names.

(Uploaded on blog on 24/4/2012