I dont know if normal souls like me and you have the right to criticise the court, but there are a few things that has to be said about the way courts operate. They are not user friendly, and judges are like gods. They still live in the 18th century with their silly uniforms and code of conduct. The following was sent to me by my friend Rajesh Venugopal, who is the founder of Young Kerala.
I have to share an experience I had today in the Consumer Commission in Trivandrum. I am the complainant and the claim is a Rs. 47 lacs. For want of a good lawyer and affording his fees, I represent the case myself. After many postponements, the admission was heard today. The issue of my not being self employed comes up. I request the Commission to browse through the articles of association of my Pvt Ltd Co and other materials.
The judicial member retorts, “First learn to address the Commssion properly”. I apologize for my ignorance profusely and tell them its my first time. “Learn from others”, comes the reply. I apologize and begin to pack up. The judicial member in his 60s calls me back for another round of beating down my self esteem. Here goes, ” you are the MD of a big company, you need to know how to conduct yourself in a judicial forum. I say Sorry, its my first time. Honorable Justice wont stop, “you are young person and you need to know how to conduct yourself in a judicial forum. You are talking to us as if we are your servants, we are not your servants, it is a Judicial Commission.” I apologize with folded hands and return back from Trivandrum sulking big time.
My questions are:
a) Was there a need for the above drama?
b) There is no information on protocols on any website on how to address these revered folks.
c) there were no pamphlets available to first timers.
d) there is no toll free help line. there is one for the National Commission.
e) before giving me an opportunity to talk, they could have explained the protocols.
f) what was the exact misconduct on my part? my need to try for justice ?
What did this Hon’ble Lorship achieve by extreme sarcasm ?
Am I the problem here ? As a Complainant in that Forum, I have already been let down badly by an Ethical Corporate with its unethical practises and here I was seeking justice and getting my own self esteem beaten down. I am lost completely. Is this the Kerala that we want to live in ?
As a matter of fact, the hounourable judge is a servant who lives off the tax money that we pay.
Never thought judges would behave this way. I have seen public officers behave this way, but not judges. And how could he forget that he was after all a public servant!!
Comment by Ashwin Upadhyaya — June 10, 2009 @ 9:15 am
seems like the judge went harsh on u…
i too am not aware of any protocols, mayb u shud call him ‘Your Honour’
it is better if v go to the court with some trained liers oops… lawyers
they wud know how to handle judges
Comment by Varun Anand — June 10, 2009 @ 9:29 am
I have DM you two names & email ID you may be able to assist without any cost:) of course except a plain Thank you.
However, my two bits to your Questions:
a) Was there a need for the above drama?
Absolutely Not. On a lighter note, must have got hammered by his wife/family. But seriously this is not done. Even in courts now addressing by Sir or Madam is accepted & if rebuked, gently & politely.
b) There is no information on protocols on any website on how to address these revered folks.
Because as far as my limited knowledge goes….India is a Democracy. Yes in the High Court/Supreme Court the lawyers address in a different manner; but even there if you are representing yourself without access to a lawyer, leniency is definite.
c) there were no pamphlets available to first timers.
Because there is nothing to be printed. Most of the time they function under old anarchic rules by default.
d) there is no toll free help line. there is one for the National Commission.
Does that work too???
e) before giving me an opportunity to talk, they could have explained the protocols.
Absolutely!
f) what was the exact misconduct on my part? my need to try for justice ?
YES!
What did this Hon’ble Lorship achieve by extreme sarcasm ?
Felt good to himself, which he would share with others during Tea Break.
Am I the problem here ? As a Complainant in that Forum, I have already been let down badly by an Ethical Corporate with its unethical practises and here I was seeking justice and getting my own self esteem beaten down. I am lost completely. Is this the Kerala that we want to live in ?
No. Possibly; but one person/people cannot beat down your self esteem. Only you control that, so do not even bother about this episode. On the contrary use forums, online & offline to turn this into a joke, that eventually should be written about crucifying his/their self esteem. AND YES! Because 1 person cannot dictate where, what should you do. And keep fighting, This is the Kerala which is just getting better.
As a matter of fact, the hounourable judge is a servant who lives off the tax money that we pay.
NOW You’re talking:) All the best & Keep this going.
Comment by Anaggh A. Desai — June 10, 2009 @ 10:00 am
Moral of the story is going legal in India is not a good choice. One has to be commercially astute and avoid such situations.
I found a link on “how to conduct yourself in Court”.
http://public.findlaw.com/litigation_appeals/how-to-conduct-yourself-in-court.html
Comment by Rajesh Venugopal — June 10, 2009 @ 10:03 pm
tread carefully… foreign land… [:)]
Comment by naveenj — June 10, 2009 @ 10:54 pm
This is a vestige of British culture dutifully continued in all commonwealth countries. In the US you can simply address Judge so and so. See
http://www.cftech.com/BrainBank/OTHERREFERENCE/FORMSOFADDRESS/SpkWritFrmsAddr.html.
No wonder about this when there are still people supporting British values. Remember the furore when Sasi Tharoor urged people to place the hand on the heart when the national anthem was played!
Also I reckon technically in India you can address a judge Sir/Madam.In fact the Bar Council of India had notified in 2006 a new rule saying that the Judges in Supreme court and /high courts can be addressed as Sir/Madam. Of course the “Lordship” in question is not in either of these courts.
See http://in.news.yahoo.com/43/20090603/812/tnl-a-little-matter-of-language-me-lord.html for more examples of outburts.
Comment by Anand Antony (Sydney) — June 14, 2009 @ 6:11 pm