Wednesday, July 28, 2010

the 99 trouble (a court incident)

(for the one who told me few hours back why i was not writing anythin..u do motivate me buddy)
So what have i been up to lately?.. office.home..movies...coupled with few more court visits.. would like to share a small incident which happened few days ago in one of the lower courts..i had gone to attend my company matter but turned out the judge of our court was on leave.. his junior was hearing our matters- a small young girl (must be my age) sitting on that chair did burst my ego a bit.. 

anyhow when she heard our matter she decided it needed a good hearing from someone senior and thought it best to forward it to some other judge who usually takes up evening court matters..n it was fixed for 11.30 am.. we had one hour to kill and considering the weather and how hot and sticky it was there with no place to sit ..nor stand, we decided to sit in that court itself and waited for our chance to come..

as usual i involved myself with something i enjoy most..looking around, observing things, scenes, watching people behave the way they do and while i was busy doing this, i saw a very old fragile lady sitting behind me..must be here some family dispute i thought..true it was.. and when the judge came and called her the poor lady got up accompanied by her lawyer with 2 hefty looking opposite counsels ..the stage was of cross examination..i.e. the lawyers of the opposite party were going to examine her..for the non-legal pals, this comes after examination-in-chief, when your own lawyer shall ask you as the rules suggest, while the cross-examination is going on, the lady's own counsel cannot utter a single word or it would amount to him putting words in her mouth..i was beginning to feel this was going to be one weird sight.. she being old, hard of hearing, would need some help after was some property matter i am sure the sons/daughters must be fighting over it now that she was a widow.. she was made to sit in a chair at a side..the judge told her that "mata ji, har sawaal dhyaan se suniyega aur soch kar jawab dijiega".. her lawyer on the left, she sitting in the middle, the 2 strong hefty ones on her right.. i could not feel but pity for her to be in such a situation at her age which would be more than 80-85years.

so, the cross started.. to my surprise, the judge started calling other matters in the hope that the lawyers would do their job pretty well and he did not have to focus his attentions completely upon them.. but..seldom does that happen here.. she was asked questions which were striked towards her minute after minute,, in between i could see her remove her specs, stop those tears which were about to shed with the pallu of her saree, and move on with the next question.. 
in that span of 5minutes itself, the opposite counsels were often getting loud and warning the lady's lawyer not to say anything.. and then the weirdest thing happened..
she was asked how old the lease deed was..she said.. 99 in hindi.. that is NINYAANVE.. in a second her lawyer repeated her word for the typist to type it and said 99.. little did anyone know this was gonna lead into a scuffle..

the whole conversation went like this
"opposite lawyers: aapne 99 kaise kaha, apko humne itni baar kaha ki aap kuch nahi kahenge jab mataji ne ninyaanve kaha toh apa kyu bole"
lady's lawyer: sir what really is the difference between the two, she said it in hindi i just converted it into english for the court's convenience to record does it lead to me influencing her or trying to tell her what to say?

the other lawyers in a much angry tone filled with rage and disgust

"nahi aap limit cross kar rahe hain judge sab dekh rahe hain kaise aap har baar beech me keh rahe hain and ab aap unhe bolne dijiye aap 99 kyun keh rahe hain"

lady's lawyer to one of the opposite counsels: i am telling you mister xyz please tell your friend yo keep quiet i have been tolerating him for the past 15minutes he does this everytime i am telling you this is gonna happen again so u better tell him to remain calm..what kind of advocacy are we practicing here..we are making a mockery of the system...etc etc etc

and all this is happening in front of the judge who seems to have lost his voice and cannot bring the situation in control.. their voices echo in the whole room and everyone's attention is on these few people.. the judge tries to calm the lawyers down but he also knows this is common and will happen again for sure..

in the end to settle things once and for all.. the old lady is asked again..aapne kya kaha tha mataji kitne saal..
to which she sadly replied.. "maine ninyaanve kaha tha aur mere vakil ne 99.. ".. i felt like getting up from my seat and giving her  a tight hug..but then..

1 comment:

  1. Although we are the only nation where younger ones touch the feet of elders in respect but maltreatment of elders is also such a common site in our PROUD country........ it is good that whatever we say about courts atleast it treats persons of all ages equally...