And this is why no one wants to fight a lawyer: Advocate litigates for 7 years to overturn Rs 500 rash driving fine

‘Never mud-wrestle a pig: you both get dirty and besides, the pig likes it.’ That old adage was highly probably talking about lawyers....
‘Never mud-wrestle a pig: you both get dirty and besides, the pig likes it.’ That old adage was highly probably talking about lawyers....

Nearly every lawyer (particularly in Delhi) has their story to tell about how after a bit of drink driving or minor traffic violations, they managed to escape a fine by waving their advocates license at a traffic cop.

The main reason this works, is because policeman know that there are few things as troublesome as an Indian lawyer who wants to make your life miserable by appealing your fine to the final instance.

In some cases for years. One that is in point, according to a report in the Pune Mirror, is apparently that of advocate Pramod Patil who had suffered injuries in an accident in 2005, and was fined Rs 500 and sentenced for rash driving in 2010.

Patil claimed he was not at fault and fought the case up to the district and sessions court for another seven years, having won last week (ostensibly to “erase the stigma that befell” him).

In 2010, Patil appealed against the judgment in the sessions court. In the same year, the Judicial Magistrate, First Class (JMFC) concluded that the prosecution had failed to prove the offences punishable under sections 279 and 427 of the IPC, but the magistrate had found Patil guilty under Section 184. The magistrate stated that he was driving his car in a manner which was dangerous to the public, and subsequently sentenced him with a fine of Rs 500.

“This was very painful for me. I was sentenced with a fine of Rs 500 for dangerous driving, but how a person can drive his vehicle dangerously at the turning point of the ghat? I had paid the fine but as a lawyer, this continued to pinch me. I fight for so many people — from the sessions court to the Supreme Court — and here I was being wrongfully victimised,” said Patil. “The truck driver dashed my car while he was rolling his truck back. I was booked under the offence of rash driving while I was admitted in hospital. I was steadfast in my drive to appeal in the sessions court in order to prove myself innocent,” he added.

reported the Pune Mirror.

Congratulations are due to Mr Patil!

But the obvious question to also ask is: would anyone but a lawyer have had the stamina and will to fight it out in India’s legal system for 12 years for a Rs 500 fine?

One thing is sure: police officers certainly don’t. And that, dear lawyers, is why traffic cops don’t like messing with lawyers.

Photo by Thomas Quine

Comments

heero 21 Jun 2017, 07:20
+1 -1
Hahaha this is hilarious......lawyers or goondaraj
No Manners 23 Jun 2017, 04:03
+0 -0
Abe tu jaanta hai main kaun hun????
Mistborn 21 Jun 2017, 07:32
+2 -2
Fine is not a sentence. It is a Penalty.
kianganz 21 Jun 2017, 07:34
+0 -0
You're right, it's not entirely clear from the original article - maybe he was initially fined Rs 500 by the cops, which he appealed and lost, reaffirming his penalty for rash driving?
Or is it? 21 Jun 2017, 07:34
+0 -1
A fine should only be applied after the accused is pronounced guilty, thus sentence. Plus I would not correct, Ld. friend, Mr. Patil.
Mistborn 22 Jun 2017, 05:24
+0 -0
Forgive me if I ignore your interpretation and put more reliance on the SC decision in Shantilal v State of MP (2007) for understanding nature of a sentence.
Well done Promod Patil 21 Jun 2017, 07:38
+0 -1
Well done Promod Patil - it is not the quantum of the penalty but the question as to whether any penalty was applicable or not.
Guest 21 Jun 2017, 13:13
+0 -0
Pls report on Justice Karnan. issue. Why the silence?