Why should we lose faith in law? Law provides so many alternatives. At every stage matters can be rectified. What we require is to have energy and resources to explore all options.
Indian judiciary, expecially has many highlights. In all milestone decisions of Indian judiciary, guilty have been brought to book, however mighty they might have been. Highlight, was consistant efforts in the due process of law. That is the key.
I am a project finance consultant and documentation expert. I read a document well. My client filed a case against BPCL. He won the WP. The other party, whose advocate was a leading light in law in Karnataka filed the appeal. He dramatically produced an endorsement from Victoria hospital claiming that my client was neither an in-patient nor out-patient in the hospital and that medical certificate is a bogus certificate. My client lost the case at the high court. Everyone advised my client that he should go to Supreme Court.
I was the only one who told him that with this background, even if he goes to Supreme Court he gets no benefit. I advised him to rectify matters here.
I forced my client's advocate to file an affidavit that it is in his office, while typing out "true copy" of the doctor's certificate (in which the doctor had clearly mentioned that he had issued certificate in personal capacity - left out by the typist because he could not read handwriting!), the personal capacity matter was left out. I threatened the advocate that I would file a complaint with the Bar Council if he does not file the affidavit, when he refused to do so.
At BPCL, The GM Legal asked me how much I paid the doctor to add that personal capacity statement to the original medical certificate. I made him bring back his own file, in which three years before, my client's communication with copy of medical certificate was date stamped in his office. He kept quiet when his own office's copy of certificate contained the statement of "personal capacity" but my own lawyer's typist had left it out!
I advised my client to file at the High Court to modify the order. All legal experts told my client that the Court does not change its own order. Such applications are filed only if some minor mistakes have occurred but what we are asking for is entire reversal of the order. We got the reversal at the High Court on our modification application!
Opposite party went to the Supreme Court! After two Writ Appeals, three Writ Petitions and one SLP in Supreme Court, we finally won the case.
All this has heppaned when I am not even a lawyer. The difference between a consultant and an advocate is that a consultant is blamed when he can not deliver. A lawyer never bothers if he loses a case. I have not come across lawyers who lose sleep if they lose a case! But when we take an assignment, we put our heart and soul into it.
We can however find ways and means to provide genuine legal support and assistance when a petitioner loses a case because of corrupt practices in law but does not have the energy and resources to fight the case further!
The conclusion is that the legal system is fine. We need not lose faith. We should bring about changes to imbibe a sense of accountability amongst lawyers. Every system in India is corrupt but they also function!