DIFFERENT SIDES OF TRUTH & LIES

R. K. Nokulsana Singh, Senior Advocate.

The Justice is within the reach of all whoever high or low irrespective of creed and cast. What is justice? According to DICTIONARY meaning, it is –(1) the quality of being just, (2) integrity, (3) impartiality, (4) rightness (5) the awarding of what is due, (6) just conduct (7) fairness (8) the exercise of authority in the maintenance of right. In the administration of justice in a Court of law, it is widely taken as (a) awarding of what is due (b) the exercise of authority in the maintenance of right.

In the social trend and system in the modern days, two habits appear to be predominant – (i) Truth and (ii) Lies. The meaning of the two habits is always addressed to social trends. In Democracy, the rule of law always prevails. In parliamentary democracy, what the leader utters is taken to be truth or lie. The compress- party now sitting in the opposition Bench in Parliament assert that the announcement in the last Lok-Shaba Election campaign by the Prime-Minister Narendra Modi for bringing back the black money from the foreign Banks within a year, has not been fulfilled and that it is a big “Lie”.

WHAT IS A JUST CONDUCT.

 (i). Maintaining a congenial atmosphere in the Court-room is a sine-quo non for all concerned in the administration of justice.

Supreme Court on the conduct of Lawyers

 In the times of India dated 23rd September, 2015, a publication is made under the Heading :-

“Judges operate under fear in Madras High Court: CJI”.

 The submission of the senior advocate appearing for the High Court is published as under :- “Lawyers marching in procession shouting slogans in the HC corridors, Lawyers’ bringing their families to the Court room and creating disturbance, advocates abusing judges and filing incessant complaints against them.”

It is further published, the lawyers are demanding Tamil as official language of the Court. Can the CJ do it?

(ii) In the same News paper dated 01/10/2015, another publication is made under the Heading:-

 “Lawyers making Judges’ lives miserable: S.C.”

The last paragraph of the Publication runs as under :-

“ The CJI headed bench said “ It is a chronic habit with some lawyers in every High Court to file anonymous complaints repeatedly against a judge. These Advocates know well that a Judge is defenless against such complaints. So they continue throwing bricks at the judges in the cloak of anonymity. Life of a Judge has become miserable.”

(iii) It is prevalent in the British Administration –

“King can do no wrong. King never Dies”. Taking semblance of synonymity, it is said – “ (a) Judges just cannot do no wrong. Lawyers are liar.”

GAUHATI HIGH COURT’S ASPERSION ON THE LAWYERS.

On hearing information that the Union Law Ministry and the Supreme Court are discussing setting up of a separate High Court for Tripura on March, 23,2013, the High Court Bar Association of Manipur considered the long standing demand for a separate High Court of Manipur and for setting up separate High Court of Manipur simultaneously with separate High Court of Tripura. The bar Association of Manipur resolved to launch the demand through peaceful agitation including non-appearance by the members of the Bar Association before the High Court and the subordinate Courts. The members of the Association did not appear before the Gauhati High Court, Imphal Bench for many days. A suo- moto contempt case was initiated against the members of the Association at the Principal Seat at Gauhati. The Contempt petition No. 15 of 2013 was converted into Contempt case (Cril.) suo-moto No. 1 of 2013. In the meantime, a separate High Court of Manipur,” was set-up and the contempt case was transferred to the High Court of Manipur. Having considered all aspects, the contempt case was closed.

THE TRUTH AND THE LIES MAKE A COIN. IT IS MANDATORY TO MAINTAIN DISCIPLINE.

WHAT IS DISCIPLINCE:-  The discipline in the present context does mean control or order exercised over people and the system of rules to maintain this control. It may also be taken as penance or punishment under a set of rules. It is very much akin to misconduct punishable under a set of law. The misconduct in the general sense of the term, is a conduct which is wrong or improper in a given social set up in the context of its required pattern of behaviour. The conduct of an individual becomes misconduct when it adversely affects the conduct and activities of others in a particular set up to which he belongs or when his conduct is incompatible with the proper functioning of that social set up. Whether a conduct is wrong or improper is to be judged in the context of the required pattern of behaviour of a particular social set-up. A conduct which may be proper in one social set up may be improper in another. Thus, misconduct is a relative term and it is to be judged in the context of the pattern of behaviour prescribed for a particular social set-up. The social set-up may be a state having prescribed rules and regulations for its members. It is high time to frame a set of Rules by the Bar –Council of India at the National level for its members and by the Bar Council of Manipur at the State Level for its members.



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