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Published : July 29, 2015 | Author : bhanwaradityajadon
Category : Law - lawyers & legal Profession | Total Views : 943 | Rating :

  
bhanwaradityajadon
have done LLB from Campus law center, university of Delhi , LLM from Indian Law institute, supreme court , New Delhi,CS(F) from ICSI, new Delhi, PGD in IPR from Indian Law institute, New Delhi, Practicing in Supreme Court, Delhi High Court, M.P.High Court, bench at Gwalior, CAT, Consumer Commissions and other Tribunals including M.P. Revenue Board at Gwalior.
 

Litigation: An Inherited Proletarianism

This Article is a contemplation of what could have been thought by a Litigant

Aghast it felt then and aghast it feels now; hallucinated it felt then and aberrated it feels now. I was legal toddler then, I am no better-off now. I can recall those hurly days when my peer group used to wait eagerly for me to make a jest but now look at me, I am waiting in an apprehension of getting justice at least this time but let alone leave justice, I, instead, got another date. On every adjournment, I am recollected of the movie called Damini where an advocate in the movie becomes so disgruntled on dates being given in a perpetual succession in a routine affair compelling an Advocate to assert ”my lord, we have only received dates after dates but justice was never given”. The aforesaid assertions has bestowed upon me an incumbency to nurture the Hypothesis i.e. Judicial procrastination is an antithesis to the theory of Jural Correlativeness and the same be put to test in order to prove its veracity. As I was petrified due to such procrastination, I entered in the premises along with my attorney who readily noticed the stress lines at my forehead. Hardly anyone knew that my neurons are racing among themselves in order to knockdown the Hypothesis which is the brain child of the racing neurons itself and obviously a ramification of all pervasive procrastination.

Good morning your lordship; I am the petitioner before this Hon’ble Court since generations. My father had been bowing down before your Lordship since ages and the same trait of proletarianism have been inculcated in me under an illusion that one day, justice might prevail. My father, in a perpetual succession, kept on chanting and sobriquetting this court as a pious place, similar to any other place of worship. Probably; I visited this court more than any other temples of worship and with each visit, I often wonder as to the change of my character which, as per my earlier apprehension, was of a mere litigant but due to generational efflux of time, has transformed into and inherited proletariat.

According to Marx: there are two types of people living in a society; first being the Bourgeoisie i.e. the ‘Ruler’ and the other being the Proletariat i.e. the ‘Ruled’. This is not just an elaboration of any maxim but a reality to reckon with. A reality whereby the litigants are the puppets in the hands of the legal hierarchy. An inculcation of fear psychosis in the nouminal hemisphere of the litigant like me is the trend which has numerous erstwhile contemporaries. A fiduciary relationship has developed due to efflux of time whereby the will of the one party is dominated by the will of the other dominant party. As per the Jurisprudence, every right has a jurally corresponding duty. If this is so, then why the litigant had been considered a proletariat whereby he has a right to get justice but does not create its respective Jural Corelative when evidenced to reality.

According to Marxist theory; the revolution can only take place through rebellion. Many erudite cognitive faculties would render the aforesaid as being highly preposterous as it would be incongruous of any goal being achieved through rebellion in a nation where the legendry figures like mahatma and Buddha once walked. In fact, on the contrary, I, certainly does not endorse the Gandhian / Buddhist View due to obvious reasons circumventing the procedural, substantive, social, physical, psychological, economical improprieties. There is another school of thought which does not believe either in the Marxism or Gandhian / Buddhism school of thought as both of them eliminated the Burgeoise. The school is of the view that the instantaneous position is different as we are not committed to get rid of the legal fraternity but our aim is to make legal fraternity bereft of the individualistic character of the legal cum judicial fraternity whereby the right shall be accorded its corresponding jural correlative; whereby justice is not delayed neither denied; whereby the legal cum judicial fraternity does not mint pecuniary benefit to its advantage while sitting on the graveyard of justice.

I took a minute off from this hanky-panky Court’s matrix & was recollected of an ancient (due to efflux of time) incident where the judge was about to dismiss my Petition on the ground that such was barred by time. I further recalled that the actual time was overridden by 7 days only and it was only after filing an application for condonation of delay and 5 hearings on that application, the Petition was finally admitted with a levy of exorbitant costs which was eventually paid by my father, a litigant then. I queried my attorney as to the limitation period for the delivery of justice? He laughed as if I made a jest; probably the answer was in the negative. Looking at my attorney, I inculcated a twin-fold indicative presumption; one being of suspicion and other being of apprehension. The former implying an unholy virtual nexus between the legal and the Judicial fraternity to Procrastinate and the latter implying non-delivery of Justice.

The judicial cum politico-legal big wheels are self proclaimed public spirited persons/organizations as they boast of creating numerous substantive, procedural and hierarchical mechanisms, be it horizontal or vertical. At the very outset, a litigant like me would come to know as to who is benefiting from such mechanism. Is it going to benefit the litigant or it manifests yet another evolution of bourgeoisie. Does a fast track court is competent enough or it is an attempt to recruit people after they have been superannuated. This questionnaire itself questions the very legislative intentional edifice of such judicial structures being uplifted to allegedly succoring the legal cum judicial fraternity instead of the litigants.

In all these gasping years, I might not have learned the nitty-gritties of the substance of practicing Law but certainly I mastered the practice of bowing down before the so-called Temple of Justice and how can I ever forget those infamous lines ”AND FOR THIS ACT OF KINDNESS, THE PETITIONER SHALL EVER PRAY AS DUTY BOUND.

The treacherous path between ‘Justice delayed’ and ‘Justice delivered’ has become so tumultuous that whosoever intends to tread on this pathway will probably succumb to ‘Litigant Insomnia’-a state where I am busy in devolving a mechanism by which I can relieve myself of the plights bestowed upon me by virtue of ramifications of the proletarianism which has been inherited by me and of which my father was an unwilling Testator.

Last but not the least; a democratic patronage shall ever prevail over partisanship and there shall be no Burgeoisie as the same is mutually exclusive to the Principles of Jural Correlatives.

Lets’ Jural Correlatives prevail




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