Justice in Dilemma
“Justice? — You get justice in the next world. In this one you have the law.” –William Gaddis
As a lawyer when I ponder upon justice and truth I found blatant lies. Our judicial system is based on manipulative finesse and exploitative abilities of the lawyers. Smartness of the advocate or solicitor may allow the criminals to walk freely. Fairness of judicial system resuscitates the entire national edifice through distinguished and valuable verdicts, while maintaining symmetrical impartiality. The system ensures provision of justice to every citizen, irrespective of color, creed, caste, political affiliation, socio-economic status, prestige and degree of influence.
It is judiciary on which millions of people have struck their faith of getting justice. It has the capability of imparting justice to the aggrieved. As a lawyer I can say , “ Verdict has no meaning it is only for the rich and powerful . “ A question arises, “Does our justice system give equal treatment to rich and poor, equality of Justice? Our legal system is based upon dispute resolution between parties and not to determine right or wrong. An individual is either guilty or not guilty. The use of the term “innocent” is vastly incorrect and the general media should cease the practice when reporting. Within our system, the more money you have, the greater your chances of having access to expert legal advice. Access to savvy legal advice increases your chances of receiving an outcome that is more favourable to you. Lack of money results in the poor rarely has the same level of access to legal services, or favourable outcomes, as the privileged.
My Experience — 4 years back I was fighting a case on behalf of the students pursuing MBA distant learning ICFAI, sambalpur . The ICFAI, duped the money of the students and wanted to shift the institute to some other place . On ICFAI side other associate of Lawyers and they thrive under a political umbrella , there Chief is a National Secretary of a prominent national party, started creating delays… giving time petitions. I was calmly witnessing everything. They gave number of pleas that they were busy in some other courts and couldn’t come, so time may be allowed . I immediately inquired whether the concerned lawyer was in the mentioned court or not. However, after facing much of obstacles I won the cases & the students recovered there hard earned money. They assaulted me because I was creating obstacles in their path. They manipulate judiciary by putting pressure on the lower court through Justices at the upper court. They do under table business. Whenever before approaching for a case, I pray to God , whether I am fighting for a cause or just for earning money. Since 7 years I am working on my conscience. I have faith on my God’s timing. The emphasis is more on winning the case rather than ensuring that justice has been done. It is more important to see how smartly the case has been presented and how strong were the support arguments to influence the concerned honourable judge.
Our “justice” system is all about lawyers making money, people remaining in elected positions of power, and winning an argument. We are far more concerned about the rights of perpetrators rather than victims and over the years interpreting law has become an exercise in creative writing, such as defining what the word “is” is. Mr. Nikhil Wagle, an eminent Journalist rightly tweeted, “When u defend corrupt corporates/netas you have no moral right to speak about corruption free India.Big lawyers must understand this.”
India is free from the so called British Rule. From Cricket to
Judiciary India excels even Great Britain today. Naturally we are more British today than ever before. India badly needs today Indian Home Rule than ever before. The stumbling block for this Home Rule will be right from Indian Judiciary to Indian Lawyers down to political and apolitical elites sitting in National Capital Territory Delhi and State Capitals and exploiting the millions denizens. A Judge needs vacation. A Lawyer needs vacation. Both needs court rooms and files. Judges need salary enhancements and privileges and pensions. Lawyers need their fees whether the case is admitted or not and the judgment is in the litigants favor or not. They can dare for a Court Bandh or National Bandh. Where courts are busy in attending the appeals of their lower ones, and other such issues far away from the scope of the courts, humanity somewhere is left buried below the bunch of files which no one dares to uncover or we can say do anyone wants to extract these files out unless some political issue is attached to it.
Thus courts and judicial system transpire lifeline of every nation by providing breathing space and steadfast foundation for the victims and the feeble. The social order gets reinforced by excellence of judicial system and so is the case of moral values.
But still, I have hope on Gandhiji’s saying , ““Let the first act of every morning be to make the following resolve for the day:
– I shall not fear anyone on Earth.
– I shall fear only God.
– I shall not bear ill will toward anyone.
– I shall not submit to injustice from anyone.
– I shall conquer untruth by truth. And in resisting untruth, I shall put up with all suffering.”