What should we do to prevent prosecution and defence lawyers colluding together to help rich accused?

Question

The recent sting operation by a TV channel brings forth the dangers of collusion between prosecution and defence lawyers to dilute a case favouring a rich accused. This is actually happening all over India and the poor litigants are the sufferers. Cases involving the rich are not put forward for hearing for decades together. Policemen along with defence and prosecution lawyers try to dilute cases. They harass the poor victims. A case involving a corporate executive, who planned a murder of a rival. though decades old, is still to come for hearing. Builders with the help of both lawyers delay the hearing of cases filed by flat purchasers. Victims suffer a lot financially and mentally and at last withdraw cases.

Answer 1

Generalizing this one particular issue regarding both side colliding as shown by a sting operation conducted by the media taking help of a person whose credentials are in doubts by both the media as well as prosecution is not correct. Only recently the Delhi High Court in its landmark judgments in Jessica lal Murder Case & in Priyadharshani Matoo Murder Case has shown that even though the accused were very powerful being rich, political, & even with muscle power, having engaged the best of the Criminal Lawyers of the Country were found guilty & punished. Even the session court found the ex-union minister Shibu Soren guilty in a murder case. Now just tell me even we take your statement to be true, why these cases went in favor of the prosecution & accused found guilty & punished accordingly? What ever was exposed in NDTV sting operation regarding two Delhi senior lawyers is concerned in another question I had mentioned that such issue do occur in India where some lawyer & even the judicial officers get involved in such illegal & immoral financial transactions thus acting in the most unethical manner in this profession, & now few of them being exposed & are under the scrutiny of the Delhi High Court & the Bar Council of Delhi, lets wait & see the result of this case. This issue of exposing such blacksheeps in the profession no doubt is a condemnable thing but we should mind our comments till the real story is out of this paradox box. When I started my legal practice 24 years back, both these lawyers named in this case where already quite senior & had developed a very good reputation in the profession, but now at this stage if they indulge in such bickering its really shameful.

Answer 2

This is a hard fact. The following steps shall have to be taken.
1]Extra 30% over and above the bench strength,judges,judicial officers shall have to be recruited to clear the backlog of cases Initially cases which are pending
for more than five years shall have to be tackled first and criminal cases shall get precedence over other cases
Budgetary allocation shall have to be increased by 30%.
At present even the bench strength is not being maintained.
2]The prosecution counsel is to be recruited for a limited period and if he loses more than 20 % of the cases he should not be given any extension.Judges should give lot
of strictures to corrupt prosecution counsel.
3]Judges can ask the Intelligence branch independently
so that the witnesses are not tampered.
But because govt. is not interested and has got a vested
in delaying govt. cases it is very unlikely the situatin is going
to improve unless the Voxpopuli take up the matter.

Answer 3

Money always has brought a different brand of justice, and nothing can completely erase that.

In the USA, any prosecutor found "fixing" any trial would be charged with a crime. In fact, most prosecutors view the possibility of sending a famous or rich person to jail as a badge of honor (or at least as a chance to sell a book deal and get a job as a TV commentator.)

When judges and prosecutors are both independent AND responsible to voters, then bribery is not unheard of, but is often caught and punished.

Answer 4

There's many self made,and born rich people with compassion for the lower classes.Then there is some that just don't get it.You will find good and bad in all classes of people,and in all walks of life.I'd like to see more compassion in Mitt Romney and his plans for America,but the more I hear him the less I see...Obamacare took the caps away from the insurance companies,now anyone that needs another operation to save there life can have one..Mitt would do away with that says its going to cost the insurance companies millions. Obama cut the middle man (the banks) and their high % rates out of the student programs. Now students can borrow at very low rates..Mitt said that would cost the government too much and said you don't need a student loan students can just borrow the money from their parents..Mitt thinks If we cut wages and benefits in half companies could offer twice as many jobs.While saying big tax cuts for the rich and it all trickles down to the little people.

Answer 5

Stop using law for personal gains First. some times victim suffers some times an innocent accused. Accept some percentage of Flaws.

Answer 6

Every system has some percentage of flaws. the malady you talk about, is for judiciary to tackle, mainly, and then the media! social activism cannot do much in this, unfortunately. very close monitoring by judiciary-driven supervision, alone can weed out the evil of malpractice in conducting cases this way!