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(Guest)

No Need of Advocates at All for Justice !!!

Before the era of Britishers, justice was done without Advocates.Parties used to go directly to the courts of Kings and Emperors.

The present system of so many laws,Bye laws came with Britishers and with this system came a system of Advocating.

Advocates just make their parties shrewd.Beforehandedly they train their clients what to say or what not to say in the courts.This way they just create hinderances in the way of justice.

Rich people hire better advocates --advocates who pay more attention to their cases--so they hardly get punished.

Poor people get it difficult even to hire advocates Or even if they hire one,that advocate just does not pay proper attention to their cases .In this situation how can justice prevail in the society ?

Why not let this system of Advocating be abolished and let all the parties go to the courts directly ?



Learning

 65 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     05 July 2010

GOOD EFFECT ON YOU ABOUT MY ADVICE AT DEFFERENT THREAD IN THIS YOUR EFFORTS.

By the way from where you have read that in British days no advocates were there.

Now suppose a clever lady blames a gantelman in revenge about continous rape , the man will be arrested and kept in jail to how this innocent person can be saved.

Satya Narayana Palukuru (Advocates & Mediators.)     05 July 2010

Hi Madhu  every day i see one  contribution by you.

what is your idea ?  you want some change in the system ? or ---

every system has its merits if u look into it  in minute

why u see dark side ?

each party  to the issue tries to present their case  through their advocate

the presence of advocate gives confidence for a client and gives vakalat pl

 

 

2 Like

Suchitra. S (Advocate)     05 July 2010

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. 

1 Like

Arvind Singh Chauhan (advocate)     05 July 2010

Yes! There is no need of doctor before taking a pill, but get ready for reaction.?
 

2 Like

Kanaksinh P.Boda (Educationist/Lawyer)     05 July 2010

In fact we do not need Judges also who are also lawyers. We can appoint some muscle man like under worlds do to deliver justice. It will be quick and some times even instant.

Sorry if it sound rude, but I do not see any solution to the present system.

1 Like

Yashsavi (Student)     05 July 2010

No offence madhu but one without  knowledge of law can never get justice ................................

2 Like

Bhartiya No. 1 (Nationalist)     05 July 2010

 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.”

 

1 Like

Bhartiya No. 1 (Nationalist)     05 July 2010

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.

 

Source: The 
Times of India

1 Like

Bhartiya No. 1 (Nationalist)     05 July 2010

There are numerous such examples there. Even as per the international also our legal system is a failure.

"Now suppose a clever lady blames a gantelman in revenge about continous rape , the man will be arrested and kept in jail to how this innocent person can be saved."

If only one fake eyewitness depose intelligently in favour of that lady, no one can save that gentleman with present system.

Even lawyers too suggest their client to bribe police to get a favorable report, and to manage the listed eyewitnesses of the opposite party.

We all know about malicious prosecution


(Guest)

ShahshiKumar,This Topic I raised not because of What while answering on my other thread.When Einstien declared theory of relativity ,he was not the only one who was working on that subject,several other people were working independltly on the same subject,infact it is also said that the same theory was discovered by someone else even before Einstien,but that one could not publish it due to some reasons so the world knew about this theory through Einstien.

In day to day life you may notice that the ideas publicized by others were thought by you long ago.So it happens like that many times.

And perhaps you did not read this thread carefully,I have not said that in Britisher's time there were no Advocates rather I have said that the present system of advocating cane with Britishers.

Now about "Claver lady" who can accuse and trap a "gentleman" for raping without being raped.So you think that in present system such things will/do not happen.What I intend to say that in present system such things happen more because present system and system of Advocacy does no help to the poor and simple people.

And one more thing --understand the difference of a "woman" and a "Lady" ---a lady is not simply any woman,she is a "gentle woman".And a "gentle woman" would never blame and frame any "gentle man".

Hope you will understand the fine difference.


(Guest)

Ashutosh Ji,I have just answered the logic given by Mr. Shashi and again raised by--here is the answer for you.

 

"Now about "Claver lady" who can accuse and trap a "gentleman" for raping without being raped.So you think that in present system such things will/do not happen.What I intend to say that in present system such things happen more because present system and system of Advocacy does no help to the poor and simple people.

And one more thing --understand the difference of a "woman" and a "Lady" ---a lady is not simply any woman,she is a "gentle woman".And a "gentle woman" would never blame and frame any "gentle man".

Hope you will understand the fine difference."



(Guest)

Yashasvi,With respect I differ with you.

Do you think that with all the Acts,laws By-laws,Police,Law Ministry etc. common people are getting Justice ?

Just think of ordinary people like me (Common folks/Public) and then reply.


(Guest)

Pulukaru,If a tree's fruits are poisonous that means tree is not useful for us.If the results of present Legal system are not good for our society that means that system is worthless.

And without demolishing old dangerous buildings it becomes difficult to raise new ones.

63 years we have seen that this system is no good for our people ,so it is high time to think of something else.

Not only legal but all the system are worthless---If with all the technical progress humanity is restless and majority of humanity is not happy why not think of some new ways of living for all the human beings ?

I am     tusharcosmic ----on youtube.Very much abused everyday.


(Guest)

What if without taking a pill there were chances of survival of patient but after taking pills not only patient became poorer by paying heavy fees to the  Doctor continuously  but ultimately died also .


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