March 10, 2012

Judges said, "First You Learn to Tell Lies, if you want to to become a Lawyer"


 Judges said, "First You Learn to Tell Lies"


30 Years Ago. I had joined as lawyer since hardly a month.

A poor lady, a daily worker was removed from a central government job.

I prepared a petition saying that she has been wrongly removed on such a such date and stay order may be granted to enable her to continue to work as daily worker.

The matter came before two judges of Central Tribunal at Ahmedabad.

They said I should withdraw this petition and file a better petition again after consulting some friends.

They did not tell me what was wrong in my petition. They forced me to withdraw case and gave liberty to file fresh case after consulting friends..

Friends told me, I should not have written that the Lady worker has already been removed from job. I should have written that "she is still continuing in job but since she is likely to be removed, stay may be granted."

Then only Judges can grant you stay order that she may be continued further.

I said, "Isn't it perjury? Isn't it telling lie on oath and filing false affidavit".

Nobody has answered me. But that is the way things are done even today. Will some one in Judiciary answer my question.


Incident 2

Judge said, "Don't tell your opponent a liar. There is nothing wrong in telling lies in pleadings. He states his case, you state your case"


About 8 to 10 Years ago:

I was appearing before the Chairman of National Consumer Forum. New Delhi. I do not remember name.

Insurance company had filed an appeal. The Manager of Insurance Company has filed deliberate false affidavit,giving wrong facts,  because of which my client had to fight for years an appeal which had no merit.

Since years, my clients money were blocked by Insurance company by filing a false affidavit of facts.

I was very very angry. I asked Judge for perjury notice against manager of Insurance Company which had sworn a false affidavit.

The Chairman was wiser than me. He had seen more of this world more than me. He pacified me. Asked me to calm down.

Then he saw lines which I  had pointed out. Then said, " Oh, there is nothing like perjury in it. He states his case. You state your case. If he has made wrong statement you can deny it."

In other words, he said he can state his lies and I can state my lies also. It is for court to decide who is right.


Why judges take false statements on oath very lightly?


I heard a retired Judge saying that so many people are telling lies on oath that if we start taking proceedings of perjury against them, arrears of Judiciary will go upto 6 Crore from 3 Crores.

Well, that is that to that as of now.

Someone my blog commented that "Lawyers are liars.".
Well, I have tried to give some answer.

Harseh Raichura