I didn’t sleep last night, again. My friends who know me, know well that this is a common thing of my lifestyle and some call me insomniac (I don’t complain as I really don’t know whether they are wrong or not!). They must be wondering why I am writing this particularly at the beginning! The reason is simple, I wish to make them aware that in most of the morning I wait for the newspaper thirstily and unless I have a look on it, I can’t think of sleep. Every day I hope that something great would be there in the paper and almost every day I get disheartened with the news. And this story has been continuing for last couple of years.
Today I was desperate (as always) that I would simply run my eyes on the paper while smoking the last cigarette of the day (or night or whatever you call it) and would finish both of these together and go to sleep. After opening the paper two news of front page instantly caught my attention. I have tried hard to brush aside them from my mind…… but failed. And here I am writing this post for my friends to make them know about it (though I know very well that they would hardly give any attention to this).
First News is- “HC bars top lawyers from court- R K Anand, I U Khan Hauled Up For ‘Criminal Contempt’ in BMW Case”; and
Second News is- “Ask mum to step in, court tells Ambanis”.
Briefly the news are as follows:
First News: The Delhi High Court convicts two high profile advocates- former Congress MP R K Anand (accused Sanjeeb Nanda’s Lawyer) and ace criminal lawyer, I U Khan (former public prosecuter in the case) for trying to influence key witness, Sunil Kulkarni, in BMW hit-and-run case. The collusion was exposed in a sting operation conducted last year jointly by a key witness in the case and a TV channel and the tapes were used as evidence by the court. Anand and Khan were found to have been “somehow or the other more than mixed up” in a bid to influence key witness Sunil Kulkarni to turn hostile and shield Sanjeeb Nanda who is facing trial on the charge of killing six persons in a road accident. Anand and Khan stripped of their ‘Senior Advocate’ tags and barred from appearing in high court and other subordinate courts for four months.
HC said about R K Anand in its 112 page verdict: “that he should indulge in sharp practices may have taken many in the legal fraternity by surprise.” As regards Khan who had been specially appointed a prosecutor in the case, HC said: “that he would betray the trust that the prosecution proposed in him, in the manner that he did, was perhaps beyond realm of contemplation of the prosecuting agency.” Referring to the principle of responsibility increasing with position, HC said: “We are dealing with senior advocates, who are expected to conduct themselves as gentlemen and role models for younger member of the Bar……they have not tendered any apology conditional or unconditional, expressed any contrition or repentance for their conduct.”
Second News: A Mumbai HC bench has asked the Ambani brothers, who have been squabbling since 2005 over an agreement for supply of natural gas from Krishna Godavari basin. The dispute concerns the agreement for supply of gas by RIL to Anil’s Reliance Natural Resource Ltd power plant. The court was hearing an appeal filed by RIL challenging a judgment came last October by the company court which directed the companies to negotiate and arrive at an acceptable agreement for supply of gas. Anil filed a cross-appeal questioning the direction for a negotiation. A bench headed by Justice J N Patel said: “Why don’t you go back to your mother? Both parties should settle. It’s not a family dispute. It’s a matter of national importance and a resolution will be in the public interest since natural gas is a national asset.”
Friends, the collusion exposed in the high profile case and the family dispute is not of my concern. Powerful accused would create pressure (forceful or monetary) on the victims or the witnesses to prove himself innocent and advocates would always be hired as a mean of pressure, that’s what they are meant for and siblings would fight over the possession of property and after every single case’s decision another case would be filed to secure their best interest. These are very common things and every aam-admi knows it very well. What happened in these cases are not very rare in our society and these are happening all around. So, what’s the big deal? The only difference is, in these cases big names are involved and media has brought the news in limelight, otherwise such cases are taking place everywhere in the country and no one is giving their slightest attention.
What has happened and what else could have been done is also not of my concern and I don’t want to add my opinion here as know nothing of the Acts, Sections Clause, etc. and fearing to type every single word as I sincerely wish not to contempt our judicial system unknowingly. The only and only thought came to my mind after reading these news is- how helpless must have our judges felt during the proceedings of the cases! Though collusion has become a part and parcel of our judicial system and no one is unaware of the practice, but the court has been forced to give verdicts after finding it’s senior advocates (R K Anand and I U Khan) involved in malpractice which has surely shaken the belief of common men again and in second case after three years continuous trial, when the court has failed to reach any result, it’s been forced to request the brothers to settle the issue with the help of their mother so that a matter of national interest can be solved.
Some people surely would not agree with the court’s decision and some would call these two verdicts as trend setter where the HCs have taken the practical route. But everyone would surely remember these two cases where the helplessness of the court has again come in front of the people, officially. It’s definitely another sad day for our Judiciary.
But guys, those who have started thinking that ‘achcha hua’ at least in two cases among the lakhs of cases pending nationwide wait…… (Picture abhi khatam nahi hua, kahani abhi baki hai mere dost), both the news concludes as follows:
First News: The district Bar Associations of Delhi have called for a strike on August 22, opposing the high court judgment. The coordination committee of all bar associations of Delhi said, ”courts don’t have the power to suspend the license of an advocate and therefore the direction issued by Delhi HC debarring the two senior advocates from practicing in Delhi Courts for a period of four months is a clear overstepping of its jurisdictional competence.”
Second News: The hearing in legal battle between the brothers turned high-octane with Jethmalani throwing in allegations of corruption against petroleum ministry. Jethmalani questioned the government’s opposition to a suggestion that RNRL be allowed to sell gas till such time that its plant is not fully set up. Jethmalani pointed out that “Government seems to be more concerned with the private interest of RIL than the commercial interest of a government company. This is scandalous.”
It’s now up to you to think again about our judiciary. Advocates and lawyers whom we believe as savior are acting as agents of the criminals. Matters of national interest are being fought between siblings over the years without any foreseeable result and government’s involvement is being seen with suspicion. Laws and Acts which are made for a securing the rights are not helpful enough to find a quick solution and appeal and cross appeal are making the situation more complex and lengthy. These are the reason that every common man fear the court and judiciary what has been built for justice.
I am not able to write anything strongly as I don’t have the knowledge of law but there are lakhs of people in India who know the laws and provisions well and can raise their voices to change the situation. We, the aam-admi have always supported the good things and this time also we won’t hesitate to appreciate your initiative. It’s your responsibility to help us to empathise the system. Sincerely, on behalf of every aam-admi I am appealing you to think again so that people’s faith on the Judiciary can be resumed and we can make a secured society altogether and also no such sad day comes again for our judiciary.
I am going to sleep now buddies. Hope, there would be some great news in tomorrow’s newspaper.
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