Kindly be assured that I do not intend to show any profession in bad light. Nobody and no profession is perfect. My only point was that India is ranking the lowest in the world in contract enforceability, political and bureaucratic class are absolutely hopeless and only hope for India is through judiciary where anyone can approach court and bring about some improvement, whether in personal matter or in matters of national interest (eg recent PIL in supreme court to seek direction to Govt to try to bring back Rs 70 lac crore from Swis. to India). If judical system is not efficient, the only hope for India will have disappeared.
With 2.5 crore cases pending, wasting of time of court by raising useless issues, making apprently false and technical points in courts to seek delays and to frustrate the litigant (like Kasab who earlier admitted to understanding english conversation, now saying he doesn't understand anything or that he is a minor, are clear and but extremely common delay tactics). Defence routinely denies everything and produces false letters purported to have been sent through UPC. If laywer has not suggested the same, by going through legal notice and plaint of the litigant and making very ordinary enquiries with the client, can easily make out the facts.
For example, litigation for winding up is defended with disputing the liability routinely. Whole correspondence, legal notice and petition can easily show defence lawyer that he client is lieing. Pain in heart in almost mandatory with every VIP under arrest now and in full public glare, they walk out without even waiting for test reports as soon as bail is received. All this is a shame for our judicial system and if lawyers are not creating this situation, they are most certainly permitting it to flourish by looking the other way.
If lawyers are officers of court as they argued in Supreme Court defending consumers' courts order recently, they are required to be vigilant and ensure that they are dealing with truth in courts. Spirit of law is more important than letter of law but practice shows that spirit is relevant only for lecturing and not for pracitising.
Point is, can't lawyers bring about a reform by resolving that they will ensure speedy justice whether it goes against their clients or not, and fight any lies spoken in court whosoever speaks it. If cleint speaks it, they should immediatley quit the case. Before accepting a case, they will make reasonable efforts to get to the truth. Sprit of law will be respected as much as the letter, and any lies before court or any delay tacts in courts will be treated as CONTEMPT OF COURT.
In my view, this is the only way we can hope to bring reforms to India and ultimately, force politicians and bureaucrats to mend their ways.
Let us do something positive for India. Laywers have a history of fighting for freedom. Let us fight for reformed India now.