Hi There,
An old lady named Sunita who is a friend of mine has become senile and is completely unaware of what she signs on. A civil case was filed by a Trustee of a private trust created by her father 30 yers to protect certain property of that lady. The opponents in this case were none other than the borther of Sharad Pawar, Pratap G Pawar. Sunita's lawyer has become a pawn in hands of opposition and doing as per the convinience of the opposition.
It came to my notice that her affidavits and written say supposedly by this lady to dismiss the suit as she did not like this Trustee. I therefore made an application to the courtwith medial certificate and other evidences about her mental capacity. I urged the court to examine this lady for her mental capacity and if she was incapable, I be appointed as a guardian ad litem. The advocate of Sunita produced a letter written by Sunita that she is well capable and I have adverse interest to her and she does not need a guardian. I insisted that if my interest is adverse anyone else may be her guardian.
The court dismissed my application on basis of the letter, it also ruled that the lady is fit as she as written the letter herself. I immedeatly approached the High Court for relief but by the time the case could be heard the High court was due for vacation and so matter was kept after vacation.
In the meantime The District Judge decided to continue the case even during vacation. The court changed its mind and decided to examine the lady Sunita. The court summoned the lady in court, when she did not turn up thrice, the court decided to visit her residence.
The court went to her home and posed around 13 questions, the plantiff's lawyer posed 3-4 questions and 3-4 questions were posed by Sunita's own lawyer who was with Lila before the proceedings started. Sunita could not answer any of the questions posed by the District Court or the Plantiff's lawyer... her standard answer was "i don't know" "I do not remember" "I will have to study". She gave a few 4-5 words answer to the questions posed by her lawyer.
It is also notable that during the question answers the respondent no.9 was unable to answer the key questions and indicated clearly that she was completely alien the proceedings, written says, plaintiffs, defendants and even could not tell who her lawyer was. She was unable to state who her family doctor was, whether any doctor was treating her, why she could not attend the court, whether she goes to the hospital or not, she was aware if any case has been filed, was unaware of the property in the case, whether she was shareholder of the company in question and if she knew who the trustees of her trust were . The learned District Court in its order mentions that the respondent no.9 stated that the response to the question whether she is director of the company was “affirmative” while as per the records of the court the answers were “I don’t know / I am not”. In striking contrast to the responses before the Hon’ble court, the written says by her are completely detailed and of a kind that could have not been instructed by a person with Dementia that is so severe.
So of 24 odd questions she could answer only 3-4 questions posed by her lawyer and those answers were also not fully coherent, they were somewhat close to an answer. The court did not consider any medical opinion.
The court later thought it fit to decide that the lady sunita was mentally fit and capable of fighting her case and so she can fight her case through her lawyer.
I have already filed my appeal in the High Court and I shall continue my battle in the High Court. My bigger concern is the conduct of the Judge in the matter. As this court is also hearing the multi-crore Telgi fake Stamps case and a series of anti-corruption cases it is a matter of grave concern for me. The accused in all these cases are high profile police officers who have no ethics what so ever.
Would it be appropriate for me to write to the High Court Chief Justice with a complaint regarding conduct of this Judge? Can this affect my other appeal in the case? Can this invite contempt of court against me?
