Chapter 3
“There is no greater
tyranny than that which is perpetrated under the shield of the law and in the
name of justice.”
-
Montesquieu
January, 2023
Aloknagri
One fine morning, the
summon from the Aloknagri Court reached me. I was shellshocked to find that
while the server of the Aloknagri Court showed 24th February, 2023
as the next date of hearing, someone had very carefully applied whitener on the
date and had written the date of 17th January, 2023 as the next date
of hearing. Both Girindranath and Nishapati were representing Debjyoti.
The judiciary of our
country is often accused of procrastination. We have all come across reports of
how the backlog of cases is one of the most severe issues with the Indian
judicial system. According to a recent report, the pendency across courts in
India rose to a whopping five crores after Covid (published in “The Probe”, an
independent news media platform on April 30, 2023).
Quite naturally, my
surprise knew no bounds as in my case, the hearing date was preponed by around
a month, “considering the nature and urgency of this case.” To my
horror, I couldn’t find a lawyer to defend my case as there were threats of
physical assault from the opponent.
The case was heard on an
urgent basis on 17th January, 2023 in my absence and arrest warrant
was issued against me by the Judicial Magistrate of 2nd Court,
Aloknagri Court. Both Girindranath and Nishapati were representing Debjyoti.
But more surprise was
waiting for me. As the improbability of getting justice from the Aloknagri
Court dawned on me, I tried to obtain the certified copies of the court orders
so that I could appeal to the High Court of Calcutta. But to my utter surprise,
all attempts to obtain certified copies proved futile. And Debjyoti’s lawyers
were trying their best not only to bring him justice by hook or by crook, they
were also not leaving no stone unturned to ensure that no certified copies of
this particular case were issued, so that there would be no possibility of the
case being heard at the High court of Calcutta. Ensuring that all the doors to
get justice was closed for the opposite party, the so-called legal luminaries
of the Aloknagri Criminal Bar Association demanded a written apology from the
officer. They didn’t want to linger the case, they royally proclaimed. “Let her
submit a written apology to us and we’ll withdraw the case. What’s the point of
dragging the matter?” With this, they gleefully thought, they have sealed the
fate of the case.
(Note: Every
judgment passed by a court of law has to be on merits, irrespective of the
fact, whether or not, the defendant appears before the court of law and defends
himself. In the matter of Maya Devi v/s Lalta Prasad (2015) 5 SCC 588 it
was held that the absence of defendant to contest the suit does not invite a
punishment in the form of an automatic decree.)
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