WHAT TO DO IF JUDGE BECOMES BIASED

It is not a matter of getting rid of or come out of situations. But it become duty against society.

Ravi ji you are absolutely right. People look to judges next to god but when they come to know the reality their whole faith is shaken. You will endorse my view that now a days people have started avoiding the court. This trend is neither in favour of judicial system nor for advocacy. I am of view that if quick and good judgement system is evolved that will not only encourge faith in judicial system but is also in interest of legal profession.

Bar councils at district level should pledge to week out such judicial officers and also the legal professional who encourges tout practices. 

Mr Bechara.........................................seeking justice for innocents

If all witnesses are examined and cross-examined properly and written arguments also submitted with relevant citations, the judge will not have much room to act on bias. Even if he so acts, then the appellate court can find the biased judgment glaring.

Mr Rajasuriya

Think of this situation .Even if all the facts are against the petitioner and accused are convicted malafidely. The affected party can appeal only for wrong judgement. judges intelligence can not be challenged at personal level. It is very easy to say that appeal can be preferred but just imagine the trauma or even jail  suffering which the affected party will suffer due to biased judgement. When some body is commited for wrong doing he will do each and every thing connected wrong. It is possible that at appellate court judgement may be reversed but who is going to repair the damage which will be inflicted on affected party will suffer.

Mr Bechara...........................................

JUST NOW I READ ONE NEWS FROM NEWSPAPER, IN CHINA THE GOVT HAD POWER TO REMOVE THE JUDGES IF THEIR GUILTY IS PROVED THIS METHOD WILL  FOLLOW IN INDIA  , YOU GET A REMEDY UNLESS YOU SIT ON YOUR DOM

right way to file a case transfer petition (CTP) agaist trial court magistrate in the court of disst.&ses. judge. and give the copy CT P in magi. court to stay the proceeding                             

There are no of expert opinion in this subject here.

1) You have to prove bias, otherwise it will boomrang.

2) Unless absolute malafides are proved no transfer is possible.

And even SC may observe its disgust in judgements still it does not have powers to correct the situation.

Just read current observations about Allahabad HC by SC.

YOU MUST EVOLVE TACTICS AT THE PRESENT LEVEL TO PUT THE OPPONENT ON DEFENSIVE. PLEASE DO NOT ASK HOW TO DO IT  ON THIS PUBLIC SITE. AN EXPERT ADVOCATE AT YOUR PLACE CAN GUIDE YOU.

Sh. Shashikumar ji

your replies are always half baked. You never write the things/opinions whole heartedly. This is public platform and also having private message facility so i you want to express your opinions it should be openly.

Mr Bechara....................

Mr. Ravi Soni sir, hassuggested nicely, u may follow him. Apart from transfer of the case, u may go for revision against any unjust order, u may complain at concerning CJ/ Registrar,  of thay HC. u may take help of your lawyer. If he biased then he may pose lot of problem to u, like he may skip some part of the cross examination on record etc.

Be careful about the move of opposite party.

bechara musibat ka mara.

If you do not like any advice keep personal comments to your self and instead try to give proper advice.

Main Bechara doosro ke beinsafi ka mara......................

Shashi Ji

Try to understand the problem. This is not my problem this is the problem of every lawyer or litigant who will deifnately face some time or other during his career. Have u never faced such bais? what was ur reaction? every body can not understand the problem of others.

Apni Antraatama ki awaaz ko suno if you have been in the similar position whether your advice was sufficient.

To my this query wonderful acceptable replies like Ravi Soni or Bhartiya have been given.

This site is wonderful learning site and I am personally thankful to this site for making me atleast some learned.

Can any lawyer get 1000's problems to study or answer? Only this site gives.

Mr Bechara..................doosro ki musibat ka mara

Just because you like some opinion so it will work in courts.  Have you got any results as per the oninons liked by you and why just creating false hopes and misguidance.

Morever you have liberty and so any body else to give any opinion but please avoid making personal comments , it shows your ingnorance , arrogance and contempt.

SHASHIJI

Even in advocate act as well as bar counsil  rules confer a duty to a lawyer that if a judicial officer does not perform his duty or he is biased than he must do complaint to concerning authority...

Whenever we go out of court among general litigants they often talk for lawyers like " Are mera vakil opponent se mil gaya of vakil ne samne wali party se paise kha liye." Despite of honesty our lawyers community despised due to litigants false imaginations. Even judges do so. But we always be far to condemn Judiciary. In current scenario every one knows about corruption of Judiciary. What Judges think what they are?

Now it's time to make our judicial system as well as our lawyer's community fair and transparant.

What do my friends say????

Soni ji

What i have written is the true story. Since this is a public paltform so I can not write what has happened. So I have simply put the query for open discussion. What I have faced is not healthy trend neither for legal profession nor for judicial system.

Even if you are having a winning case there can be no gurantee of winning the case.

Now I remember a story which is like this:

Once a hunter caught a god devoted parrot saying always RAm Ram. The hunter asked the parrot who is great your God Ram or I  and  asked the parrot before god Ram that  tell me the truth other wise I will kill you.

Now dilema before the parrot was if it says God Ram is great it will be killed since he is in the hands of hunter or if he says hunter is great so its loyalty towards Ram is reduced.

Moral of the story is Jiski lathi uski Bhains.

So why people go to court that is the moot question when there is no gurantee of getting fair justice?

Mr Bechara................................