City of Lights & (Il)legal vibes (10)

 

Epilogue

The most striking feature in my quest for justice is that stumbling blocks have come from the very institutions designed to protect citizens like me. These institutions failed miserably to perform their duty. It took HC intervention for justice to be delivered. Along the way, there were immense mental harassment and unspeakable public humiliation.

 

This incident is remarkable for various reasons. First and the most obvious is that justice was restored only after HC intervention whereas it's loss was egregious in the lower court. Secondly, if I being a government official have to wage such a battle to get the justice that is my right, what happens to ordinary citizens seeking justice can easily be comprehended. Thirdly, this is a blatant instance of connivance between the lower judiciary and the lawyers, which underscores the fact that lawyers are above the law of the land. This unholy nexus is truly alarming.

 

The rule of law prevailed at the end, but it should not be denied in the first place.

Acknowledgements

This story is very close to my heart because it’s based on my real-life experience. Maya Angelou wrote, “There is no greater agony than bearing an untold story inside you.” As I bare my heart in this story, I become free of that agony.

Some thank yous are in order:

Fellow officers of Hooghly district, Moumita, Manasree, Sreanwita, Jayanti di, Hooghly District Registration Employees Association and all my well-wishers in the department for their unwavering support during trying times. I owe a lot to all of you.

Lawyers of Diamond Harbour Sub-Divisional Court for always standing by me through thick and thin.

Moumita, Manasree, Sreanwita and Dipayan for reading the manuscript of this story and giving thoughtful feedback.

References

·  “Investigation to Trial: The Book for a Common Man: Criminal Law” by Abhilash Malhotra

·       West Bengal Legal Services Authority (https://wbslsa.bangla.gov.in)

·       https://www.criminaladvocate.in

·       Shivam Goel: LinkedIn

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City of Lights & (Il)legal vibes (9)

 

Chapter 7

“It has been said, ‘time heals all wounds.’ I do not agree. The wounds remain. In time, the mind, protecting its sanity, covers them with scar tissue and the pain lessens. But it is never gone.”

-         Rose Fitzgerald Kennedy

No matter how hard you try, some wounds never heal. And some humiliations never pass into oblivion. They remain with you. In time, they become a part of you. At times, they try to embitter you. At other times, they try to make you vengeful. You wonder whether in your quest to exact revenge, you are becoming more like the person you always hated. This thought humbles you, once again.

 

But what about the professional ethics? Isn’t it applicable to the so-called noble profession of practising law? Or has the profession lost it’s dignity because of some unworthy practitioners? You wonder.

 

(Note: Section 35(1) of the Advocates Act, 1961, says, “Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee.)

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City of Lights & (Il)legal vibes (8)

 

Chapter 6

“I swore never to be silent whenever and wherever human beings endure suffering and humiliation. We must take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented.”

-         Elie Wiesel

March, 2023

Aloknagri Civil Bar Library

A meeting was in progress, chaired by the Learned Additional District Judge. He was an erudite man, well-versed in law and could recall in vivid detail the recent developments and orders passed by the Supreme Court of India. He was explaining how a public servant should not use his/her official position to exact personal revenge against those he spites. He added for good measure that the learned lawyers of his court might face troubles in my office because of the hostility that had arisen. At this point, I couldn’t help but wonder aloud whether withholding certified copies of a case was also of the same kind: using one’s official position to harass another. He was visibly embarrassed and said that he would ensure that the certified copies of all the case orders were delivered to me. But it was too late. I didn’t need any of those documents any more, I informed him. He hastily concluded the meeting, urging all the stake-holders to participate in the work with open heart and without any reservations.

 

25^th April, 2023

High Court, Calcutta

In the second hearing, The Hon’ble High Court of Calcutta directed the learned Judicial Magistrate, 2^nd Court at Aloknagri to prepone the date for the hearing of the joint Compromise petition sometimes in the first week of May, 2023. And mentioned in it’s order that “if no such settlement is effected, the instant revision shall continue.”

 

4^th May, 2023

2^nd Court, Aloknagri

It was a hot, humid day. The court-room was bursting at the seams as many legal luminaries of the Aloknagri Bar Association was present inside the court-room. They didn’t want to miss the chance to witness the hearing of the historic case that was going on inside the court-room. May be, they were chuckling silently thinking how they were able to harass a government official. Nishapati, the famed Vice-President of Aloknagri Bar Association was arguing in favour of Debjyoti. He was saying how the insolent officer was “harassing and humiliating” the poor Debjyoti and how he would not spare even the Prime Minister of India if he dared to harass his poor brethren of Aloknagri Court. Accordingly, the judge fixed another date for another hearing.

 

Meanwhile, after the hearing was over, few legal luminaries accosted the lawyer appointed by me and demanded an apology (at least verbal, if not written) from the officer, as a pre-condition for withdrawing the case.

 

Needless to they, all of them were disappointed.

 

15^th May, 2023

2^nd Court, Aloknagri

The case was finally withdrawn as the summer vacation was about to start and after re-opening of the court, as per the directive of the Hon’ble High Court of Calcutta, the case was supposed to continue in the High Court itself. And Debjyoti was willing to further visit the High Court as unlike Aloknagri Court, it was not his familiar turf.

 

My six-months-long ordeal finally came to an end.

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City of Lights & (Il)legal vibes (7)

 

Chapter 5

“The beauty of standing up for your rights is others will see you standing and stand up as well.”

-         Cassandra Duffy

March, 2023

Finally, a quash petition was filed in the High Court of Calcutta in spite of all efforts by the opposite party to persuade my lawyer not to take up the case. But just the day before the hearing, the case number was found missing from the next day’s Cause List. By this time, I had lost all hope.

 

Still, the next day, I dragged myself to the High Court, praying fervently to all the gods for their blessings. The lawyer mentioned before His Lordship how, all of a sudden, the case went missing from the Cause List. Luckily, the next day was fixed as the date of hearing. Surprisingly, when I came out of the court, the opposite party’s lawyer accosted me for an out-of-the-court settlement. How I tried for the settlement of the dispute for all these months and how it failed! Now, outside the High Court, a different drama was unfolding.

 

Next day, on the 15^th of March, the opposite party’s lawyer appealed for an amicable settlement of the dispute during the hearing. The warrant of arrest was recalled and a timeframe of 15 days was set for the amicable settlement of the dispute.

 

(Note: The legal system generally uses the term “quash” to question the legitimacy of a specific legal action, order, or document.

One can quash a criminal complaint if it is found to be filed with an ulterior motive.

The High Court has wide powers to quash criminal processes in specific cases. This will prevent abuse of the legal process and ensure justice.)

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