Lawyers who are related with judges or with big politicians can easily get appointments as Government Lawyers to defend government cases against government.
People also like to engage lawyers who are "relatives of government lawyers or Judges". They hope that their case will get some undue favours from Judge.
For example, Father may be a Public Prosecutor. His son may be an independant private lawyer.
Now criminals would like to engage "Son of Public Prosecutor" to defend them.
And if the the Son-Lawyer wins, people see corruption.
CONTRARY VIEW :
The Judges say that while deciding cases, they do not see at the faces of lawyers. They only look to the facts appearing on case papers and submissions made to them. They impartially decide each case as per merit of cases.
But it may happen that relatives of government lawyers have usually some advantages of "Family Counsel".
For example, if son-lawyer has some legal confusion in some case, he will naturally ask advice of his father for guidance.
This improves their knowledge, performance and manners in court.
Therefore, since their presentation is based on sound principles of law, their results will be better. If their result will be better, their fees will be naturally high.
Thus, even if each cases are decided on merit impartially by judges, a section of litigants are bound to form perception about corruption in Judiciary.
One Supreme Court Judge gave a judgement deprecating practice of appointing relatives of judges and Big Politicians as government lawyers.
But Judges have hardly any powers to do something about it.
Procedures of appointment of government lawyers are non transparent and highly arbitrary in probably all states.
It is within power of a Government to appoint any lawyers of its choice.
During time of Congress Rule, all government lawyers may be from Congress Party. In times of BJP Rule, all government lawyers are bound to be from BJP.
The issue of insecurity of service of Government Lawyers was once debated in Supreme Court. But I think Supreme Court has not been able to find a way to force transparency and security of government lawyers, since these appointments are in realm of Contract Law.
I think for this main reason some wrong perceptions about Judiciary are formed in mind of people.
Haresh Raichura
9/12/13
(941)
