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Legal Needs
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| Dec 27, 2008 2:32 am |
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re: re: re: re: "Writing in Anger against the lawyers n judges" |
Vijay Nair
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Hmmm...Angst!!
Rashmi, you said - "Well we have hired very good experienced high/Supreme court lawyers. They are available on every hearing and doing best to what one can do at any point of time during hearing."
There are many factors that govern delay. Major of them is, like someone pointed before me, the outdated procedural laws and the reluctance of the Legislature for a review.
Like good Doctors and bad Doctors, good CAs and bad CAs, good Policemen and bad Policemen, there are good Lawyers and bad Lawyers. When we go to the best of the Doctors when we are not well, why not go to the best Lawyer when we are in need of Legal help? Of course, there is a price one has to pay for it, but that is always commensurate with the services that you are expected to receive.
From a lawyer's point of view, delay is a possible hazard when you contract with a lawyer on an "hourly" or "per-date" fees.
As for Judges, it is a thumb-rule that lawyers who are doing well professionally never opt for becoming judges. Except for the "sarkari show-off" there is nothing a judge gets more that a Babu. Add to that, if a judge is seen spending money or living a decent life, people brand him as corrupt. Back-log of cases, acting under pressure in certain matters from the higher courts, maintaining decorum of the court, bound within the four corners of law, the life of a judge is not easy or enviable.
One another interesting aspect. In recent years the number of judicial officers have increased in Delhi and after the Supreme Court's green light, the Government has bifurcated Delhi into 9 Districts. While as of now, 5 District Courts are functional, the other four would be in place soon. The increase in the number of judicial officers has seen cases being disposed off sooner and more effectively. Location of the Courts nearer to the litigants have also helped in reducing inconvenience to litigants.
Further, Delhi High Courts and District Courts proactively encourage mediating and conciliation with special cells created for this purpose. Believe me, a lot of "unsolved" cases have been resolve through mediation and conciliation in the past two years.
Judges and Lawyers cannot be blamed in isolation for the delay. In majority of cases, it is the Plaintiff or defendant himself who needs adjournment (for a good or a bad reason).
It is we, as in people, who have to change; change ourselves and change the system we have worked in. 62 years of independence have been spent in experimenting with the laws that British thrust upon us while they ruled. We have tried to amend and adapt the same laws over the years. Now is the time to send some proactive people to the parliament, who can, if they cant ensure how we behave, at least put rules in place for all of us to behave more appropriately.
Regards,
Vijay Nair, Partner
KNM & Partners, Law Offices
http://www.knm.in/Private Reply to Vijay Nair (new win) |
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