Sir, John D Maine in his treatise on Hindu Law says that Hindu Law has the oldest known pedigree of any known system of law. With copious quotations from Narada,Bruhaspati, Katyayana, Vyasa and even quoting from Kautilya's Arthasastra, he concludes that a certain form of legal representation was very much in vogue during the Vedic times.
Prof. Phillip Calkins of the University of Chicago says that there was a system of settlement and conciliation and in the Moghul Courts through the parties had to plead their case, there was legal representatives.
It is true that our system which exists now has been taken from British, it cannot be said that we didnt have advocates earlier to them.
The system (and paraphernalia attached with it) we have adopted does not belong to us, it was used by the britishers to fulfill their agenda. The present judicial system is having set of many protocols which only a lawyer is specialised with. It is the failure of executive which has caused floodgate of litigation. Common man comes to court to seek relief. The defeat deepens the wounds caused by the high cost of litigation.
What do we need is a proactive Justice Department with all the necessary wings, like intelligence based investigation agency, Forensic laboratory etc under one roof. It should be like single window system, where people can approach directly.
It is an excerpts of interview of CJ Bilal Nazki -
"Looking back on 36 years of service to the legal profession, Nazki, who is from Srinagar and was a judge of the Bombay high court from January 2008 till November 12 this year, said there are two kinds of judgments. "One may be great for legal and academic purposes," he said. "There is another which may not lay down any theory but will wipe the tears of an aggrieved person."
Nazki said he "purposely" concentrated on the latter. "When a litigant comes to court, he is not interested in how scholarly a judge is," he said. "He just wants relief. Two industrialist brothers fighting with each other can wait. But parents whose child has been killed or lost cannot.""
In a judgment Justice Pradeep Nandrajog, has made following remarks -
“47. There are wheels and wheels within the laws. Niceties, caveats, exceptions to the rule and rules within
rules have unfortunately become a part of every legal system.
48. Whatsoever and howsoever may be the theories of law, the common man understands law by instinct. His instinct guides him that whatever is rational and fair is lawful and anything which is irrational or oppressive is unlawful. But, more often than not, law is discovered in a court room through forensic battles fought at length by legal luminaries. On many an occasion, after hearing arguments, a Judge goes into legal transcendental meditations to unfathom the niceties of the law.”
Lnd. Mr. Shashikumar can u prove in the court that the lady is clever or of bad charactor.
What happens in the court we all know.
Can u prove in the court the crime of a pickpocketer, and how many years it will take. What is the punishment of it.
Plz. Go thro; the following News
Criminal justice system has collapsed: SC
Dhananjay Mahapatra, TNN, Feb 6, 2009, 01.02am IST
NEW DELHI: Supreme Court on Thursday sounded the grim warning that the criminal justice system had been subverted, with witnesses being manipulated and trials being hijacked with judges and lawyers remaining "handicapped witnesses".
Making the chilling observation, which to many only confirmed the widely held perception of the erosion of the system, a Bench comprising Justices B N Agrawal, G S Singhvi and Aftab Alam also said that the lower judiciary had decayed.
"The courts of magistrate and munsif have ceased to be an option for the common man," the Bench said and compared the lower courts to ill-equipped and ill-staffed public health centres (PHCs) in rural areas.
"Only those people go there who have no other option," said the Bench as an apparent indicator of the low measure of public faith in these courts, which are the first points of dispute settlement for the masses.
The comment, perhaps the sharpest-ever from the apex court on the health of the country's judicial administration system, came in a case arising from the appeal filed by two senior advocates — R K Anand and I U Khan — against Delhi High Court's order hauling them up for criminal contempt for influencing a key witness in a hit-and-run case.
The HC's action against the two advocates was based on a sting operation.
It was senior advocate Harish Salve who provided the trigger for the candid comments from the Bench. The advocate said that while it might be fine to fault the journalists involved in the sting operation for the methods they used to record the conversation between the two advocates and the witness, what was really important was that their action had driven home the fact that "the criminal justice system faced a serious challenge from such activity".
Salve's opening provided the perfect vent for the Bench to pour out its anguish. "Over the years, the fact remains that large number of trials have been hijacked by manipulation. The accused have succeeded in manipulating the witnesses. The system in which we are involved, the judges and lawyers have remained handicapped witnesses," the Bench said.
The Bench's expression of helplessness to the apparent pervasiveness of the problem in the criminal justice system took on a more serious dimension as the judges expressed serious doubts about the competence of lower judiciary and waning public faith in it.
Coming to the hit-and-run case and the involvement of two well-known lawyers — defence counsel Anand and public prosecutor Khan — and the manner in which they allegedly manipulated the witness, the Bench said, "What happened in this case is the tip of the iceberg. This is a case of accident. We have seen cases involving smuggling of arms, RDX, narcotics where the accused get away. But we are helpless."
Salve said not only the judicial system, but there was a general tendency in all quarters to disregard the majesty of law and the judgments passed by the judiciary. "The apex court has repeatedly told the lawyer community not to go on strike. But we do not seem to care. The SC has told the police not to handcuff accused, but they have scant regard for it. The single directive principle protecting bureaucrats has been struck down repeatedly, but it still holds good. SC has ordered police reforms, but few states have implemented it," he said.
"I belong to a fraternity which has a lot to answer to society," the leading lawyer, appearing for NDTV, told the Bench in response to its caustic comments on the obnoxious manipulations happening in trials.