My dear friends,
I would like to share my experience or experiment with the Indian judicial system, I am hailing from the little town Kulithalai in Karur District of Tamil Nadu I am a practicing lawyer.
My uncle was induced by some advocates from karur to file a suit in which the plaintiff signature itself was forged and some fabricated documents like the Will of the existing persons were sought to be relied. Now the matter is subject matter of enquiry by the Vigilance Cell of Madras High Court.
In this matter I filed a petition before the trial court praying for complaint to be made concerned judicial magistrate Court Karur. The learned judge who held the opinion that mere stating in the witness box by the eye witness or pleadings that the plaint was a forged one not sufficient to prove the forgery and false document and also he held that he having parted with his judgment he could not file a criminal case upon the same matter.
Later I preferred a criminal Miscellaneous Appeal under Section 341 of Cr.P.C.,Both civil and criminal appeal were filed on the same day ie 19 th April 2004. But learned judge deliberately held that no civil appeal was stated to have been preferred in the criminal appeal thus the same is liable to be rejected
Then again I preferred an petition under Section 482 of the Cr.P.C. before Madurai Bench of Madras High Court. In which the respondents were called to enter appearance, wherein too they filed a forged vakalth and counter thus I preferred another proceeding for perjury at High Court by way of Cr.M.P.249 of 2005
Now Mr.Justice Kannadasan heard the matter, to shock and surprise held that proceeding in Cr.M.P 249 of 2005 had nothing to do with main relief of perjury and forged documents in the subordinate court thus he dismissed the miscellaneous petition
In all this matter I had arrayed all those advocates who were party to the forgery as the respondents
Subsequently he directed the registry to place the matter on specified date and he dismissed the main petition which sought a direction for enquiry into allegations of forgery , criminal Conspiracy on ground that civil suit was pending , it may noted it is public knowledge that the Civil Cases in our country consume many decades, droppoing of the criminal case in the pretext of pendency of the Civil case will mean giving license to the illegality, this view has been echoed by the Supreme Court in it`s various judgment when the Criminal proceeding was sought intiated to be thwarted on the grounds that matter had civil nature . The Supreme court in many cases questioned proprietory of the counsels to make such arguments, the whether the offender who choose to forge and fabricate the document should be scot free till the disposal of the connected civil case if they were filed in the court . Then court will be shielding the accused from the law.
It is my humble opinion no individual can be held for presenet lumbersome indian judiciary, the root of the rot starts at the Law College itself.
The concerned authorities should see that not only persons of immoral character is permitted to enter into judiciary, they must also very quick to chuck them out.
This exercise is easier said than done, I would like to say that the charity should begin from root, the legal profession itself be reformed.
The disciplinary proceedings of the Bar Councils should be made transparent and open , In present days all the Bar Councils are recreation club, day in day out the advocates call for boycott in violation of directives of Supreme Courts .
There so many cases where the persons against whom criminal cases are pending for long years were allowed to practice.
The Most obnoxious of all this Rules Bar Council permit you to enroll as an advocate even if you have committed murder if 3 years have elapsed from the date of your conviction
Right to information Act 2005:-
Readers of this article are entitled to know the fact even after elapse of more than fortnight from the date of coming into force no judicial authority including the Tamil Nadu and Pondicherry State Bar Council in the state of Tamil Nadu has complied the same by appointing the information Commissioners as required by the Act .