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Damayanti (Unemployed)     21 February 2011

Can I demand to change 'opposition's lawyer'?

Please understand the harrasement that I have been going through, But I am ready to buckle under any pressure.

 

I am afraid that my application should not sound as I am unncessarily making a fuss. But I have some important hings in my case suggest 'there is definitely something more than it meets the eyes'.

 

I also do not want to say anything about any judge as well as any previous decision (which is a contempt) but I also want to fetch attension of Principle Judge at least about malpractices that are going on.....

 

My Query as follows:-

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Can a litigant demand to 'change' lawyer of opposite party? Or the bench clerk? Owing to suspecious nexus between the two.

 


If the answer is  'No' , then, Can it be at least be a ground to ask for 'transfer' of petition to other court, like the court of Prin Judge, where lawyers also have a limited influence obviously.

 


The lawyer being very influencial one and seen to be frequenting the Hon Judges chambers as well at times.

 


Vide transfer Petition, as I am unsure whether I would be delivered the justice and a fair trial.

 


Only one ground of 'a biased judge', to ask for transfer of case to other court, is very restrictive....

 

 

There are many actors and factors in the whole judicial  apparatus  which are involved in the court room...and bench clerk is one of the crucial element where the even judges don't have the complete control as well as many things don't reach to the judge, and hence even though the judge is not directly responsible (and hence no direct imputation) for any bias created against me, there may be a case of 'constructive bias/Indirectly induced bias' due to all other circumstance and by comments passed by the bench clerk (who is also supposed to be equitable and unbiased...this is a gray area which is not addresed before in any case...and nobody tried may be especially any appointed lawyer won't do against the 'system' but people such as 'party-in-person' shouldn't feel scared to raise the voice against this gray area!!)

 

 

Can't I seek to recuse myself instead to change the overall apparatus of 'Justice'

 


If I am subjected to prove only the 'judge's bias' against me then I can't prove it as well as I would be afraid to take such measures in the first place. This leaves me remedyless which is injustice to me.

 


Does my transfer petition has merits?

 

Please give me a right/mature advise and your comments would be appreciated.

 

Would I be inviting wrath/some more trouble (Judge, clerk, lawyer), if transfer petition gets dismissed against me.


Thanks

 



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