Telling lies in Courts : Problems of Perjury in Courts : It is and will be very difficult for courts to deal with cases of Perjury (Filing false affidavits, false pleadings and filing forged documents in court proceedings.)

In my young age, once I argued before a Judge that Court should take strong steps against respondent Insurance Company because they had filed a deliberate false Reply-Affidavit.

Judge explained to me that this was not Perjury, “You have said your case, they have said their case. It is for us judges to decide what is truth.”

Thereafter, I have seen many cases where parties have lied deliberately on oath, but I never urged Judges to take steps on respondent for Perjury.

The scale at which lies are filed in court is very big and it will difficult for judges to initiate Perjury charges on each cases.

Deciding perjury application delays final disposal of those cases and disposal of perjury applications are not counted when trial judge has to report number of cases decided by him for promotion purpose.

The Courts are more interested in finally deciding the main dispute itself.

There has to be some practical solution to this problem of perjury. I am however unable to see any solution at present.

(C) Haresh Raichura 10/3/19, 10/3/20

law #India

After college, (and for some after high school education) what comes to test is our capacity to earn and our capacity to settle as ‘householer’ and to support a family.

Some are born in rich and well connected families. They have good “starting capital”.

In a book titled “Book of Mirdad”, there is an allegory of people living in rabbit-holes at different heights on a mountain. The world is like this.

Thus, those who are born to parents living near mountain top, can easily reach to mountain top. They need to climb less. They have natural and geographical advantages.

And for those who are born to parents living at the bottom of mountain, it takes a longer time in climbing to the top of mountain.

Sometimes it takes a lifetime.

The life stories of first generation advocates are usually like “stories of climbing upward from the bottom of a mountain”.

Thus, the struggle in legal profession for first generation advocates, is all about climbing to a higher rabbit-hole on a mountain known as “Judicial System”

(C) Haresh Raichura 29/12/19

#law #lawstudents #junioradvocates #lawyers #motivation.