At present, the Collegium in most High Courts in India, select advocates from High Court Bar, for appointment as High Court Judges and for Designation of Senior Advocates.
If this process is expanded and if advocates practising in District Courts are also taken into zone of consideration for appointment as High Court Judges, it can inspire millions of advocates who practice in small districts in India.
It can motivate and inspire them to be competitive and to be the best.
Haresh Raichura
1250
April 4, 2014
April 2, 2014
Supreme Court : No one, including media, has courage to discuss role of lawyers in abstaining from cases.
The hearing of criminal appeal was going on.
What was being read from records, was making everyone sitting in courtroom sad.
It appeared that when a criminal trial was going on, when it came for turn of defence counsel to cross examine witnesses, he just stood up and walked away from trial courtroom.
The trial judge had no option but to go on with the case. Ultimately, accused was convicted and sent to jail. His appal was also dismissed by High Court.
Now his appeal was being heard in Supreme Court.
The Judges were extra cautious. Since accused's counsel in trial court had not cross examined witnesses, burden fell on judges to see that the accused is not convicted on basis of any false statement of any witness.
The judges were pained to read about conduct of defence counsel in trial court.
And then one judge suddenly said,"Everyone accuses judiciary for delay in Justice. Judges cannot give reply in public. No one, including media, discusses role of Bar in abstaining from hearing in trial court."
A senior advocate, who was a retired Judge of a High Court, added, that now situation has gone worse. Sometimes entire Bar goes on strike when any member of bar is facing any criminal trial.
For a minute or so, entire court room went into silence.
Everyone was pondering over the issue. But no one knew what to say.
The issue was painful and sad.
A minute later, the judges resumed hearing of appeal without being prejudiced by what may have happened in trial court.
.......
My view: There are problems in trial court. The atmosphere there is very hot. Sometimes, even before the case starts, Judge makes it known to parties that he is going to convict. The counsel for defence does not see any fair chance of defending his client or presenting case of his client properly. Then possibly, such things may be happening. Or perhaps, there may be other serious problems. Some supervisory body to look into such cases is missing.
Restraint of media is understandable. If anyone publishes anything which is derogatory of bar, the next day they may receive a notice from Bar demanding an apology.. ! These are troubled waters.
Haresh Raichura
1249
What was being read from records, was making everyone sitting in courtroom sad.
It appeared that when a criminal trial was going on, when it came for turn of defence counsel to cross examine witnesses, he just stood up and walked away from trial courtroom.
The trial judge had no option but to go on with the case. Ultimately, accused was convicted and sent to jail. His appal was also dismissed by High Court.
Now his appeal was being heard in Supreme Court.
The Judges were extra cautious. Since accused's counsel in trial court had not cross examined witnesses, burden fell on judges to see that the accused is not convicted on basis of any false statement of any witness.
The judges were pained to read about conduct of defence counsel in trial court.
And then one judge suddenly said,"Everyone accuses judiciary for delay in Justice. Judges cannot give reply in public. No one, including media, discusses role of Bar in abstaining from hearing in trial court."
A senior advocate, who was a retired Judge of a High Court, added, that now situation has gone worse. Sometimes entire Bar goes on strike when any member of bar is facing any criminal trial.
For a minute or so, entire court room went into silence.
Everyone was pondering over the issue. But no one knew what to say.
The issue was painful and sad.
A minute later, the judges resumed hearing of appeal without being prejudiced by what may have happened in trial court.
.......
My view: There are problems in trial court. The atmosphere there is very hot. Sometimes, even before the case starts, Judge makes it known to parties that he is going to convict. The counsel for defence does not see any fair chance of defending his client or presenting case of his client properly. Then possibly, such things may be happening. Or perhaps, there may be other serious problems. Some supervisory body to look into such cases is missing.
Restraint of media is understandable. If anyone publishes anything which is derogatory of bar, the next day they may receive a notice from Bar demanding an apology.. ! These are troubled waters.
Haresh Raichura
1249
April 1, 2014
What can you do if some one threatens to file false case on you and threatens to defame you in media?
What can you do if some one threatens to file false case on you and threatens to defame you in media?
When a person threatens to file a false case against you, he may have two motives:
1) One motive may be to harass you, and to force you into litigation expanses and thereby damage you financially.
2) Secondly, after filing a case, he may give copy of case to media and media will publish the content of this case as "News item" and thereby you will be defamed.
The question is what Preventive Steps you can you take.
1) Mark the word "Threatens" in above paragraph. Collect material evidence of such threats i.e. Phone calls, emails, witnesses etc.
2) Seek advice of a lawyer. Show him all the evidence you have got.
3) He may have two options to help you:
A) He may give a legal notice asking your enemy to restrain from doing what he is threatening to do.
He may give him counter notice that your enemy will be liable to criminal cases of malicious cases and will also be liable for damages in civil court.
He may tell him that if he will publish or leak news about filing of case in media or internet, than too he will be liable in criminal as well as civil law.
Because media is protected only if only "Court proceeding or order" is published.. BUT MEDIA IS NOT PROTECTED IF IT PUBLISHES DEFAMATORY STATEMENTS CONTAINED IN SUCH CASE FILED.
The Lawyer may consider about serving copy of this notice to media newspapers and TV channels and Internet Service Providers.
This can be one preventive step.
2) If threat is serious, if your enemy and media houses ignore legal notice of lawyer, then the lawyer can consider second option.
He can file a case on your behalf in court.
He can say to court that your enemy is required to be restrained from defaming you from doing oral false propaganda against you on internet, and in media etc.
If court is satisfied with evidence shown by your lawyer, it will immediately order your enemy to restrain from publishing any defamatory material either on internet or in media or in otherwise in any manner. It can pass orders against media houses also.
If evidence will show that Threats were coupled with demand of money, than lawyer may also consider filing criminal cases against your enemy for extortion and blackmailing etc.
3) There is also a third option with your lawyer. He can advice you to give PUBLIC. NOTICE IN LEADING NEWSPAPERS, warning people about proposed activity of your enemy and can ask public not to be misguided by your enemy if he publishes false propaganda against you.
These are some of the precautionary steps which your lawyer may advice you.
These are serious steps involving legal coats, benefits as well as consequences.
Your lawyer will weigh everything and will try to advice you what he may consider best for your case.
Haresh Raichura
1248
When a person threatens to file a false case against you, he may have two motives:
1) One motive may be to harass you, and to force you into litigation expanses and thereby damage you financially.
2) Secondly, after filing a case, he may give copy of case to media and media will publish the content of this case as "News item" and thereby you will be defamed.
The question is what Preventive Steps you can you take.
1) Mark the word "Threatens" in above paragraph. Collect material evidence of such threats i.e. Phone calls, emails, witnesses etc.
2) Seek advice of a lawyer. Show him all the evidence you have got.
3) He may have two options to help you:
A) He may give a legal notice asking your enemy to restrain from doing what he is threatening to do.
He may give him counter notice that your enemy will be liable to criminal cases of malicious cases and will also be liable for damages in civil court.
He may tell him that if he will publish or leak news about filing of case in media or internet, than too he will be liable in criminal as well as civil law.
Because media is protected only if only "Court proceeding or order" is published.. BUT MEDIA IS NOT PROTECTED IF IT PUBLISHES DEFAMATORY STATEMENTS CONTAINED IN SUCH CASE FILED.
The Lawyer may consider about serving copy of this notice to media newspapers and TV channels and Internet Service Providers.
This can be one preventive step.
2) If threat is serious, if your enemy and media houses ignore legal notice of lawyer, then the lawyer can consider second option.
He can file a case on your behalf in court.
He can say to court that your enemy is required to be restrained from defaming you from doing oral false propaganda against you on internet, and in media etc.
If court is satisfied with evidence shown by your lawyer, it will immediately order your enemy to restrain from publishing any defamatory material either on internet or in media or in otherwise in any manner. It can pass orders against media houses also.
If evidence will show that Threats were coupled with demand of money, than lawyer may also consider filing criminal cases against your enemy for extortion and blackmailing etc.
3) There is also a third option with your lawyer. He can advice you to give PUBLIC. NOTICE IN LEADING NEWSPAPERS, warning people about proposed activity of your enemy and can ask public not to be misguided by your enemy if he publishes false propaganda against you.
These are some of the precautionary steps which your lawyer may advice you.
These are serious steps involving legal coats, benefits as well as consequences.
Your lawyer will weigh everything and will try to advice you what he may consider best for your case.
Haresh Raichura
1248
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