January 31, 2014

Advice of Judge: In case of personal injustice, do not go to social forums - Just take legal action

A Supreme Court judge was recalling his days as a senior advocate in a High Court.

One of his junior had parked his car on a sideline outside High Court.

A policeman saw the parked car. This was no place for lawyers to park their cars. He just went near the car and deflated air from all its tyres.

When the junior lawyer came out after court work, he saw that policeman had deflated air from tyres of his car.

He was enraged. His work in other courts suffered. His day and his mood was spoiled.

Next day, he told this story to his senior advocate. He had prepared a representation to President of High Court Bar Association. He wanted President to take up the issue with highest police officers to ensure that police do not misbehave with cars of lawyers.

Here, the senior advocate cautioned him and pointed out to him consequences of his action.

If he will gather lawyer community around his problem, then the police man will also gather members of police community against lawyers.

It will become a fight of Lawyers v. Police.

This will not solve problem. This will only aggravate ego issues on both sides.

He suggested his junior advocate to take legal action instead of taking up issue on social and community forums.

The Junior advocate dropped idea of reaching President of Bar and went to a Magistrate and filed a complaint that some unknown police man had deflated tyres of his car ... even if there is no provision in any police laws to permit police to take out air from car tyres. He pleaded that this was a mischief punishable at law.

The Magistrate accepted his complaint and ordered higher police officer to investigate and to file report about the incident.

Then the months passed by. Because the law takes its own time.

After six months, one day, the junior advocate was with his family.

He parked his car outside High Court. It was the same place where his car tyres were deflated by a police six month ago.

He went inside court to take some files.

When he returned, he saw that someone had come and had given lots of flowers and toys to his children and family. On inquiry, his family told him that some police uncle had come to give gifts of these flowers and toys.

Next day, the junior advocate went to the Magistrate and withdrew his complaint against police.

Moral of the story

If you have a problem, take such actions as may be permissible in law. It does not help to complain to social forums and associations. Do not try to convert your own problem into problem of a community. This may left you clueless and you may see no relief. Best thing to do is to take such legal action as may be provided in law.

The senior advocate who gave this advice to his junior advocate, is now a judge of Supreme Court of India.

Haresh Raichura
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