One thing which pains in heart of every law student, lawyer and Judge :- Whenever a politician brazenly breaks order of court or verbally attacks courts, his political popularity increases and he

One thing which pains in heart of every law student, lawyer and Judge :- Whenever a politician brazenly  breaks order of court or verbally attacks courts, his political popularity increases and he is soon elected with majority votes by people.

An Analysis : This shows that 1) there is deep resentment towards courts, lawyers and judges in heart of people 2) but they do not speak against courts, lawyers and judges because of fear of contempt of court laws.

Two Suggested solutions :

(1) Resentment in heart of people cannot be removed by logic or by force. Rohde Island Judge Frank Caprio has shown a way. Search on You Tube "Rohde Island Judge" and you will see a series of videos which have gone viral on social media. Each video has effect of removing resentment from heart of people. If such videos are made in India, they can remove resentment of people.

(2) Recently a Gujarat court punished three politicians that for one month, they will keep sweeping local civil hospital. And at their expanses complete video of their sweeping will be made. A CD of these video shall be daily deposited in evening with Civil Surgeon of Hospital.

I believe that such measures can remove resentment from heart of people of India.

When we write an article on any topic of law,lfirst thing we should consider is from whom we are writing for.

If we are writing to educate people, then our language should be simple. Use of technical words should be avoided so far as possible.

If we are writing for professional colleagues, then the words and the phrases we use should be specific. The statements we make should be authentic and, preferably references for verification should be given.

If we are writing for law students and new junior lawyers, then our words should inspire and motivate them for study of deeper aspects of law.

The point is, "Mind your audience" while writing any article on any topic of law.

In a Society where there is no checking on Ethics of Legal Profession, the lawyers who follow ethics are bound to suffer and lawyers who follow no ethics are bound to prosper.

Please note that "Misconduct" and "Standards of Ethics" are two different things. For checking "Misconduct" of a lawyer, there are provisions in Advocates Act. But there are no provisions for checking "Standards of Ethics"

Unless "Professional Ethics Boards" are set up separately, there is no way to upgrade standards of Ethics. Such Boards should consist of Panels of Senior Advocates and Retired Supreme Court and High Court Judges.". The boards need not have any powers to punish any lawyer.

It is enough if they have powers "To receive complaints", "Power to call for explanation from erring lawyers" and "Power to make recommendations to authorities already set up under Advocates Act."

At present, in India, it seems that much needs to be done.

Is Right to Justice a Fundamental Right? I have vague memories that in or around 1995, some foreign judges came to India to study why Supreme Court of India is considered strongest in the world

I have vague memories that in or around 1995, some foreign judges came to India to study why Supreme Court of India is considered strongest in the world and how they evolved "Judges appoint Judges Principle".

They were told how this Principle came about and they were further told by our judges that, "We are working on how we can have access to power to allocate necessary budgetary funds to Judiciary".

Thereafter, I saw no further progress in this direction.

I often wonder if "Right to Justice is a Fundamental Right". Only if it is held to be one of the Fundamental Rights, than only courts get power to enforce it by ordering setting up of suitable number of courts and by ordering appointments of suitable number of judges in proportion to demand for Justice and size of population.

I think this is a huge issue. A large population is involved. Evolution of laws also takes time

🤔 A Practical Way To Seek Help from Glorious and Strong Persons (Reposted)

SP- 4 My favourite and Practical Lines from Bhagwad GITA :

1)  I have made many  experiments with following lines :

" I am immortal. All Glorious and Strong Persons are Parts of Me. Whoever shall express his wishes before any Glorious and Strong Persons, his wishes shall be fulfilled by Me......in accordance with his merits and in accordance with nature and strength of those  Glorious and Strong Persons....!

2) A Glorious and Strong Petson is defined as a "Person in whose  presence  evil Persons refrain from doing evil on their own"

3) These lines are based on Vibhuti Yoga of Gita.

4) Whenever I have a problem which I cannot overcome, I write about my problem to few unknown Glorious and Strong Persons with minimum but sufficient details of my problem. 

5) If my wishes have merits, and if it is possible for those Glorious and Strong Persons to help me, I usually find my problem solved on its own. 

6) I see nothing happening when either my wishes have no merit or......when my wishes are beyond strength of those Glorious and Strong Persons to grant my wishes.

- Haresh Raichura 29/9/2016 (Reposted on 29/9/2018)

#inspiration #law #mentoring #politics #ethics #god #GITA #Religion

Law of Malicious Prosecution ....Damages in public law in addition to damages in suit..

S Nambi Narayanan  2018 (11)SCALE page 171 on page 184 in para 31, when criminal law is set into motion without basis, Art 21 is violated and a person against whom a false case is filed is entitled to compensation, this us under Public Law under Art 226 or Art 32... The damage he can claim in suit could be additional. Because in this case, even if suit for damage was pending, Supreme Court awarded damage of Rs.50 Lakh for malicious prosecution.

An Example of Hard Work : Year 1982 : A Journey to a Village Court..

In 1982, I had just joined district court Bar at Junagadh. Though I was breifless, I was regularly coming to Court to sit in Bar Room.

One day a colleague asked me if I would go to a small village court to seek adjournment in his case.

I said yes and asked for directions about how to reach there.

He said "There is no direct bus or train to this village. You have to board on a bus to Jamnagar. The bus will drop you on highway near exit to Lalpur. From there you will find small goods tempo, which will be carrying passengers from main road to an interior village called Lalpur."

I went.

The bus dropped me on main road near exit to Lalpur. From there I found a small open carriage goods rixa which was carrying 10 passengers at a time. Five could sit on floor of rixa and other five could stand in rixa. I sat with them. All were poor villagers.

The Court of a Magistrate was sitting in one room in a house.

The compound was full of villagers. In courtroom, I could hardly see five to six lawyers at that time.

I got case adjourned and returned by same route.

It was my first direct exposure to poverty of litigants in village courts.

This court was a circuit court from main court of District Jamnagar.

At that time, in 1982, the Justice in India could reached where the Buses and Trains could not reach.

I hope today also, justice is available to villages where buses and trains do not reach. 🙏