BUSINESS OF FALSE CASES AND ACCOUNTABILITY OF LAWYERS WHEN THE SENTINELS OF JUSTICE THEMSELVES BECOME CRIMINALS, HOW CAN THE FAITH IN LAW BE SAVED ?

BUSINESS OF FALSE CASES AND ACCOUNTABILITY OF LAWYERS

WHEN THE SENTINELS OF JUSTICE THEMSELVES BECOME CRIMINALS, HOW CAN THE FAITH IN LAW BE SAVED ?

23-AUG-ENG 17

RAJIV NAYAN AGRAWAL

ARA---------------------------False cases not only torment the innocent but also shake the foundations of the justice system. When lawyers themselves are involved in this business, both the dignity of advocacy and the credibility of the judiciary suffer a deep blow. It is necessary to file criminal cases against such lawyers so that misuse of law can be stopped. Justice is not just a provision recorded in books, but is the faith of crores of people. This faith will be saved only when the sentinels of justice – lawyers and courts – themselves set an example of transparency and honesty through their conduct.

The foundation of the Indian judicial system is based on truth and justice. The court has always been considered the biggest support of the society. When a person suffering from injustice gets tired of knocking at every door, then he has hope only from the court. But this hope weakens when the people who become the support of justice make it a means of their selfishness and greed. Recently, a Lucknow court sentenced a lawyer Parmanand Gupta to life imprisonment and a fine of Rs 5 lakh for filing 29 false cases. This verdict is an example that the judiciary will not spare those who misuse the law. This is not just a punishment for one person, but a warning to the entire society and the judicial system that there is no place for those who make fun of the law.

The profession of a lawyer is always viewed with respect in society. A lawyer is not only considered a representative of the client, but also an officer of the court. He is expected to fight for truth and justice. But when the same lawyer starts fabricating false cases, trapping innocent people, and using his profession for personal enmity or financial gain, then it is not only a violation of his code of conduct but also a question mark on the dignity of the entire profession. If a lawyer who should be a supporter of truth in the court becomes the biggest weapon of untruth, then there is no guarantee of justice in society.

The impact of false cases is not limited to the accused person. It shakes his family, his social status and his financial condition. One has to visit courts for years, gather evidence to prove innocence and has to suffer mental torture. Society also starts looking at such a person with suspicion. This breaks his self-confidence and gradually he starts losing faith in law and court. This is the biggest loss, because losing faith in justice is the most dangerous situation for any society.

The problem of false cases is also that it weakens the cases of real victims. When a law, like SC-ST Act, which aims to protect the weaker sections, is used in false cases, the voice of real victims is suppressed. The courts take more time to decide which case is true and which is false. The result is that real victims are late in getting justice and their pain increases.

Therefore, today there is a need to take strict action against lawyers who fabricate false cases and pursue them in court. If a doctor is negligent, a case is filed against him. If an engineer does poor construction, he is punished. Then if lawyers, who are the watchdogs of justice, do the business of filing false cases, they should also be punished under sections like criminal conspiracy, fraud and obstruction of justice. Their practice should be banned and the Bar Council should cancel their licenses.

This is not just a matter of strictness of law, but a question of the dignity of the profession of advocacy. Till the time the lawyers involved in fabricating and running false cases are not prosecuted, this evil practice will not stop. The more severe the punishment the courts give, the more the message will go to the society that there is no place for those who misuse the law.

To save the justice system, it is necessary that there should be such provisions in the law so that immediate action is taken when false cases are identified. Accountability of lawyers has to be fixed. If it is proved that a lawyer deliberately instigated a client to file a false case, not only professional action should be taken against him but a criminal case should also be registered against him. This step will not only protect innocent people but the profession of law will also be known for its real purpose – service of justice.

Today, the decision of the Lucknow court is an example for the whole country. It has proved that the court is not only an institution to decide between the accused and the criminal, but is also a watchdog to protect the sanctity of the justice system. If lawyers deviate from their duty, they will also fall in the category of criminals and will be punished in the same way as other criminals.

Now the time has come that both society and judiciary should together save the profession of law from becoming a tool of crime. The Bar Council of India should implement a strict code of conduct for lawyers and immediately cancel the license if found involved in false cases. The courts should complete the hearing of such cases quickly so that justice is not only seen to be done but is also delivered at the right time.

Lawyers will also have to introspect. They will have to understand that their first duty is not only the victory of the client but the victory of justice. If this thinking is adopted, then every lawyer appearing in the court will be truly honest in the eyes of the society. Justice will be a watchdog and not a partner in crime. Justice is not just a word written on paper, but the faith of crores of people. And this faith will remain only when the protectors of justice will also perform their duty with full honesty and responsibility.

False cases not only increase the burden of courts but also break the trust of the society. When innocent people rot in jails for years, their families are ruined. Their innocent lives are ruined. At such a time, getting a strict and clear message from the courts only assures the society that justice is alive and is being protected.

The Lucknow verdict is a historic step in this direction. This is not only a matter of punishing a criminal lawyer but it is a warning to the entire country that there is no place left for those who fabricate and run false cases. This message should remind every lawyer who will ever try to go on the path of falsehood. The law and the court will not come under anyone's pressure or deception.

Therefore, it is important that the society sees this decision as an ideal and efforts should be made to implement it in the entire country. Lawyers should also learn from this incident and take a pledge that they will never let the dignity of their profession be tarnished. Only then will justice be truly called justice and courts will become the biggest basis of trust for the common man.