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Comments on "Tamil Nadu lawyers reject CJI's 365-day work schedule for courts"

Venkat.hanuman 13 Jun 2014, 10:49

The Comments of the MHAA President Respected R C Paul Kanagaraj gives a clear impression that the state bar council, LOVES STATUS-QUO TO CHANGE. The stakeholders in this issue are - judiciary, advocates, litigant public in particular weaker and helpless sections of the society and MEDIA. The CJI’s and CJH’s are doing their best to address the issue of speedy, effective and less cost justice. The Media, particularly, the TIMES OF INDIA represented by A Subramani at state level and Dhanumjai Mahapatra at central level are doing a great service in highlighting these issues that are of great concern to our nation. But strangely, the Aggrieved public are silent and voiceless in the entire scheme of things. Now the ball is in the court of Bar Councils and whenever anyone throw the ball by giving proposals it comes back with double the speed to hit on the face of the proposers. Let me give an example, as a student of Chartered Accountancy (ICAI), I was following a case very closely. Writ Appeal 1097 of 2012 was before the Honorable bench of Madam Chitra J and Justice Ravichandra Babu. The Issue was, there were mistakes in the CA Exams held in November 2011 in two papers to the extent of 52 marks. A Professor in the interest of the suffering students challenged the valuation which resulted in failing 35000 Students out of 37000 appeared. He proved with facts that the examination system is failing good students and giving ranks to undeserving students. The ICAI was represented by a very senior counsel who will charge Rs. 75000 for seeking adjournment and Rs. 200000 per day for appearance. CVJ mam (Chitra Venkataraman) took up the matter and during the arguments the bench came to the conclusion that the issues raised by the petitioner were correct. The senior counsel for ICAI also admitted to the mistakes and said the Pandora box may be opened resulting in two to three thousands students being declared passed. The Bench said they don’t bother and wanted justice to be done to the students. The senior counsel took adjournment saying that he needs to take instructions from ICAI on 3rd August 2012. The Hearing went on for 100 minutes on that day. The Matter was posted for hearing on 18th August, on that day CVJ madam asked the senior counsel about what happened. The Counsel said that ICAI is willing and asked for adjournment citing exams. Thereafter, he went on seeking 15 adjournments when CVJ mam in February went to Madurai Bench. The Matter came up before another bench who after hearing the petitioner for 90 minutes dismissed the appeal, saying that in expert matters the court should not interfere. Now, we humbly request Mr Paul Kanagaraj to answer a) The Bench of CVJ and Ravichandra Babu J are one of the best brains b) They went only by Justice, they gave importance to the issues and went with the petitioner who is a novice and appeared as party in person against such a senior counsel charging millions of rupees c) Why should the senior counsel take 15 adjournments till the bench changes? Who was responsible for wasting 190 minutes of valuable court’s time? d) Finally, the injustice was done to the students the voiceless and aggrieved, who is responsible? Who will and can protect the weak and helpless in this situations created by ……..? It is the Bar council which should take up the issues and not keep on criticising and blaming everyone. Let me give another example, a student was declared passed in the exam. When she asked for the certificate, the institute asked her to write the exams in which she was already declared passed without giving any reasons. She filed a writ petition and the same was admitted in February 2014 before Justice Subbiah. Thereafter, the matter was not being listed. She is a working women, went before Justice B Rajendran and asked for hearing as her promotions were withheld. Their Lordships said that the court has no time to listen to the matter as there were so many cases of admission. So who will solve the problems and where should one can go? We humbly with folded hands request the Bar Council to work and solve the grievances of litigants in the interest of nation by cooperating with all the other stakeholders. Salus populi suprema lex esto “The welfare of the people shall be the supreme law”

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