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CATCH THE REAL CROOK

It was a sad occasion. At a seminar, when the audience was asked if it thought whether lawyers were honest, not one hand was raised. That prompts us to bring you a heart-warming story, of not only lawyerly Good Samatarianism but also of judicial sympathy.

A man gets arrested for drug related offences and turning black money into white. The prosecution throws the book at him. His lawyers, obviously involved in fast-track court proceedings, lose the case in two months. However, to compensate themselves for their “effort”, they charge the culprit more than aCrore and a half. Their argument must have been that the amount is small change for a narco-crook. Not satisfied, they take away his house too. AND his wife’s wedding band and engagement ring.

The convict gets 14 years in prison. MAX. But there was a catch. The man had pleaded guilty. This cannot be done without the consent and knowledge of his lawyers. Pleading guilty is what is called plea-bargaining. In exchange for a lengthy and expensive trial, bruising to all sides, everybody compromises. A bit of give-and-take.

Conviction is first handed out. Then comes the negotiations on the amount of the fine or the length of the sentence. All parties get into a huddle and come to a workable solution. It usually halves the sentence, calls for rehabilitation, things like counselling and yoga sessions, learning legitimate crafts; all intended to make a model citizen out of an outright thug.

The operative term is “all parties”. That includes the lawyers for the convict. A sort of post-conviction LokAdalat.Only this time, the lawyers for the man did not co-operate. The prosecution wanted to keep its word, the drug dealer wanted out. 14 years? What did he get out of copping a plea? He mayeven have been acquitted had he stood trial.

Enter a white knight. A lawyer, in the Shahid mould, takes up the matter. He does a free job. He convinces the judge that the convict was let down by his own advocates. “Why”?, you may ask. The simple reason is that the lawyers did not want the client out in a short time. He would then be a menace to them.

YOU BE THE JUDGE.

Judges are no fools. While lawyers handle a case or two a day, judges go through dozens of them. When they nod, it means they “understand the argument”, not that they agree with it. This time the judge saw through the lawyers’ game plan. He not only reduced the sentence, he ordered the lawyers to pay back. He also made the lawyerspay the next advocate; for exposing them and taking on their burden.The amount? Nearly Rs. 6 lakhs.

The story does not end here. Easy come, easy go. The lawyers had spent his money. When the man had served his term, he had no place to go. Solution? He took over one of the lawyers’ homes. They had to pay him back, remember? What business he is in now is not reported but he is certain of one thing. Justice may be delayed, it may be blind-folded, but it is not blind.

Many may ask why the judge did not take corrective action in the first place. Judges’ hands are tied. They can only give what you ask for, usually called prayers. If your lawyer asks for Rs. 10, you may get Rs. 5. But rarely Rs. 15. That is why prayers are often couched in vague terms, “……….. and any other reliefs that the Hon. Court may deem fit”.


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