Thursday, 3 April 2014

Judicial Misconduct for Dummies-Part I

have been working for last two years in exposing a Judge of a Court,who has conspired with our own advocate to fail a case filed by us. During this time i have realized that justice is not a right of the citizen of this country,whether a person will get justice or not depends upon the intelligence of the person,if the person is intelligent enough  to understand the law and how the case is proceeding the person surely gets justice. but if a person is not intelligent enough to even be aware that a wrong has happened to him. he will think that whatever decision of the court, its the word of the god.and he becomes a victim of Judicial misconduct.

When one of the party to a case is not smart enough and there is no legal support available to him, except his own advocate,the party is bound to loose,either partially or wholly.

The manipulation of the court proceedings is so subtle that,a person not expecting such misconduct will never find one. In simple words we have grown up to have a complete faith in judiciary and also to never think of any possiblity of
our own advocates defrauding us.

The case proceedings in a Court can be manipulated to come to a pre-decided  conclusion in following ways:

by talking to the party(Brainwashing):
this is done by the advocates engaged by the party,the ignorant people which in legal terminology are called laypersons or laypeople are engaged into discussions about the case,the advocates first try to mine out whatever information they can get about the case and what the client really knows about law and the laws applicable to the particular case.the social status of the client has also to be known because it may be possible that the client may be in contact with other "good" lawyers.
Once the mental and social status of the client is known,next thing is to brainwash the client with facts and information which if he believes will prepare him to withstand loosing his case,accepting his fate , not the real fate but the fate as crafted by his advocate.

The second step is to draft a pleading which does not indicate all the facts and circumstances of the case,and also making statements which the judge and the other party can hold against him.
to give an example i have know an advocate who made a statement "your honor may do what is right thing to do" instead of actively arguing to prove a point.if the judges do what is the right thing to do then why the hearings have to be taken and there is no need of arguments or replies in any court proceedings,because the Judge will do what is the right thing to do!!

this much for this post,but there are still more ways in which judges and advocates subtly manipulate the court proceedings.

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