law and Life. VII

What Happens - Now

Atleast one incident that had come to my knowledge has upset me and it is my bounden duty to record it here.

An orderly brought a middle aged couple to a Deputy Commissioner of Police, Chennai saying that they were waiting to see him for hours. The man complained that the Inspector of his area was not cordial and co-operative and was not interested in saving his life. The lady fell at his feet weeping
and prayed that her husband’s life be saved. A perplexed and tired Deputy Commissioner asked what it was all about. The sum and substance without elaboration was thus

a)  this fellow lives on the periphery of law and another rowdy (Dadha) has vowed to finish him in a day or two and he is capable as he had a few such murders to his credit

(b) despite repeated requests and some pressure the
Inspector of Police is not willing to help him (to arrest and remand the husband).

(c) He is willing to spend upto ten lakhs to save his life and he must be arrested immediately and put in central prison.

(d)         He wants such life protection only for two weeks as his political boss who is all powerful would return after a bye-election in two weeks and once he comes to Chennai he would solve all problems.

(e) He would be very safe in the prison as he had already sent five or six of his boys into prison and there are co-operative officers in the prison who would take care of him.

The Deputy Commissioner could not believe what washappening. Nor I am. The rowdy executed the above plan, was in prison and is o.k. now.

But this has raised questions within myself regarding

a)  The maintenance of prisons

b)  Administration of law and order

c)  How casually courts remand accused to prisons.

The Court of a Magistrate -

Value and Significance

About 28 years back one of my lawyer friends got married and the marriage reception was held at a hall in Egmore. A Judicial Officer working in Egmore Court then, also our class mate, too desired to attend the reception along with me. I promised to go in an auto, pick him up from court and go to the hall for reception. I went around 6.45 p.m. The Judicial Officer introduced me to his bench clerk saying I was practising in the High Court. The said clerk for some reason had no respect for High Court and exhibited his hatred in no small measure. He said

“What Sir, what high court or a lawyer there does, they always grant or get a stay against collection of taxes and other levies. Sometimes it is absolute stay and sometimes it is conditional. They sometime even stay statutes.”

Only we work here for 12 hours, you know sir, in the morning in one hour we collect atleast Rs. 10,000/- by way of fine every day in petty cases. (Rs. 10,000/- was indeed a big sum then). It is like collection in Lord Balaji’s temple at Thirumala. It is with our collection only other courts, why even your High Court  is run. If we do not show this revenue, courts would be closed.

We face atleast 50/60 criminals everyday; there is no security here; Anyone can attack us. In short, we run the judiciary and you the High Court lawyers and Judges find out our faults and thrive on that.”

My friend, the Magistrate, instructed his clerk to stop the lecture. I must confess in all fairness, most of what the clerk spoke were/are not wrong.

For the Bar - A Few Things

It has been my long term grievance that the BAR often agitates for reasons and causes not very much connected with the Bar. As a ritual once in 3 months (atleast) an agitation is announced. That too either on a Friday or Monday for reasons not so decent to mention. But, there are bonafide grievances for which the Bar has a duty to agitate and demonstrate.

a)  There is no parity in court fees levied in the moffusil and in Chennai City and also within the City. The court fee due on a claim of Rs. 5 lakhs before a Chennai City Court or a Sub Court in moffusil need only to be paid for a suit or claim of about Rs. 30 lakhs before High Court. To say the least it is a robbery by the State from its own citizens. In my humble view the very payment of court fee is throwing good money on bad debt since in 80% of cases the decree can not be executed and the money realized. When I probed into this disparity I
gathered that mostly ‘whites’ lived in the Madras City earlier and ‘the whites’ enjoyed a concession in everything which included the court fee. It is unfortunate this continues. The ill effects of this system are too many viz.,

     i)  By maintaining a lower tariff parties are tempted to value their suits higher so that they file it in the High Court thereby increasing the pendency in the original side of the High Court.

     ii) The irony is that a decision on the same cause of action is available at a cheaper court fee but it is decided at the level of a constitutional court which is expected to have higher expertise, knowledge and assistance from lawyers.

     iii)    Periodically the pecuniary jurisdiction is varied and the suits pending in the High Court are transferred to lower judiciary. The interim order granted by High Court Judges are vacated by Subordinate Judges. Some subordinate Judicial officers decline to vocate since the interim order was granted by the Hon’ble High Court.

     iv) Once it is transferred the High Court lawyer returns the bundle and another lawyer who normally appears before that court has to be engaged, of course after paying his fee. A month back a case has been transferred to a Fast Track Court and a lady lawyer quietly handed over the bundle saying she does not appear before Fast Track Court. The client has been made to pay again. In fact, I know the facts of this case well form the beginning. How to use the common area in an apartment is the question involved in the case and it is the lawyer who suggested that the suit be valued high and filed in the High Court. Now on change of pecuniary limits this lawyer has handed over the bundle.

     v) If a suit were filed in the City Court there is bound to be a first appeal and then a second appeal which would only add to the litigation. For High Court suits no second appeal (with a gestation of atleast 10 years) is available.

         Now, there are about 10 Corporations in our State and the benefit of tapering court fee should be atleast extended to all Coporations as the first step.

b)  In majority of the courts most of what the learned Judge says or asks is not audible. There are several reasons for the same. At times, the orders we hear in the court and the one communicated to the clients vary. When the copy of the orders are received, we are embarrassed. Sometimes even the stenographers make mistakes. As the President of the Madras Bar Association I used every possible opportunity including welcome addresses for the new Judges to press for the installation of public address systems in the court. In some courts it was followed earlier. I must say in
all fairness the Hon’ble Mr. Justice
E. Padmanabhan was very keen in wearing the mikes before commencing the court works.

     Once I told the Hon’ble Mr. Justice Subhasan B. Reddi that lawyers particularly above 50/60 years have some hearing deficiency and PAS is a must.

     The Chief Justice said “Why 50 or 60 years old
lawyers, even Judges who hear continuously for two/three years lawyers like you with a loud voice loose their hearing capacity.” I replied “Yes Chief, Now only I understand, how and why learned Judges decide issues and points that were never argued before them.”

     “Mr. Tamizhmani, your mischief has no limits.”

     “No chief, I only admitted my ignorance has no limits.”

     The Chief Justice smiled not happily as he realized that any reply would land him in terrains not so comfortable. In my considered opinion PAS is absolutely necessary in our court halls.

c)  With the increase of the strength of Judges we do not get adequate and spacious court halls. Often the litigants and practitioners jostle. When we wait outside there are no benches or chairs to sit. Sometimes women wait with their babies for hours.

d) Now that we have one main building and one annex building, court halls and areas in the buildings could be earmarked viz., one area for original and company side; another for writs; yet another area for civil, criminal and writ appeals and for other miscellaneous works. This in my opinion, would, to some extent reduce the strain. Now, one writ court is in 3rd floor in the annex and another in the main building. When we hear the case is reaching fast, we tend to rush and cover quickly the
distance (hundreds of meters). All of us know that in undertaking such an exercise only, an advocate collapsed. Let there not be any more.

The learned Judges, I hope, would not insist in sitting in halls close to their chambers; nor the seniority should stand in the way of selecting the court halls. If the learned Judges are willing to co-operate subject wise areas and court halls could be earmarked permanently. There are many such genuine grievances and the Bar has a duty to ask for and agitate. They do not.