bharat khatwani 04 July 2024
P. Venu (Advocate) 04 July 2024
T. Kalaiselvan, Advocate (Advocate) 04 July 2024
bharat khatwani 23 July 2024
The petitioner's lawyer had ample opportunity to raise objections during the seven or eight hearings, yet no objections were made, allowing the defendant to easily obtain interim relief. So despite being filed in 2017, the case remains unresolved. Does the legal system tolerate baseless claims built on forged documents? Is an advocate's duty solely confined to following dress codes and respectful courtroom conduct? Should a civil court judge remain silent and permit a potential criminal act (presentation of forged documents) to occur? After dedicating a decade or more to this civil case, should the petitioner be expected to endure the additional time and expense of filing a separate criminal case? Though Section 209 clearly states that making a knowingly false claim can result in imprisonment and a fine. Why petitioner is expected to enforce it by filing criminal case? Isn't it UNETHICAL behaviour of advocate of defender who presents BANAKHAT on plain paper? Swift and decisive action by judges could significantly reduce these occurrences. Imagine a scenario where judges are mandated to report suspected misconduct to bar councils. This increased scrutiny would make advocates think twice before presenting dubious evidence like a 'banakhat' on plain paper. The threat of disciplinary action, ranging from suspension to disbarment, by bar councils upon receiving such reports would undoubtedly serve as a strong deterrent. A culture of accountability fostered by judges could lead to a positive shift in advocate conduct, with greater emphasis on ensuring the legitimacy of presented evidence and adherence to ethical guidelines. This, in turn, would bolster the fairness and integrity of the legal system.