Ever wondered how and when Best Lawyers Invoke Inherrent Powers of High Court?
Nothing in the Code of Criminal Procedure limits or effects the inherent powers of the High Court –
– to make such orders as maybe necessary to give effect to any order under the code, or, to prevent abuse of the process of any Court, or, otherwise to secure the ends of justice.
Thus vide section 482 of CrPC 1973, enormous inherent powers are vested unto the high Courts of India.
The number of crimes, complaints and FIR in the society is also no less. Thus, there is a constant invocation of High Court’s inherent power. Whosoever is enrolled as an accused, the first reaction of available legal defensive mechanism is to invoke the powers of the High Court. The challenge is greater for the courts with increasing number of petitions being filed under section 482 of CrPC. Equally challenging is the job of the Advocate to scrutinize with neutrality whether it is a genuine case to invoke inherent powers or is it nothing but a quick jump to get out of the fray.
The demand of the client, and the professional duty as a good advocate to help the client has to be weighed against the merit of the case in an impassionate manner;
keeping aside the financial aspect of the profession, of course. The recent spurt in the dowry cases, wherein, entire relatives of the husband side are arrayed as accused has given a stormy session amongst the activist holding pro-women and conventional attitudes. The section holding neutral attitude is echoing the need that the high court must come as a savior to frivolous litigation presented with stereotype allegations with apparent motive of harassment. For example, the parental family staying away from the couple enjoying their nuclear isolated family life ought not to be dragged into harassing situations. The honorable Supreme Court and High Court of various states have granted relief in the appropriate cases by invoking their inherent powers. However, a genuine case of a woman who has been actually subjected to the cruelty of the sort presented in her complain with prima-facie, sufficient material to support her case against the husband and his immediate family members is perceptible on the face of the record, the legal aid should not be denied to her and her rights ought not to be scuttled through intelligent drafting of 482 CrPC.
The reader at times feels quite strange and perplexed that the lawyer in one breath can talk for both the sides and wonder what his/ her fate is. In fact, human relations and emotions are a complex set of circumstances and they never propagate in a straight line. So, be careful, your conscience is the greater judge, neither exaggerate, nor ask your lawyers to.
Yes, every litigant deserves best lawyers, but, the best has to be parallel to what is fair.
The best way of presenting your case is to remember the facts well and arrange all available data and documents in support of proving those facts. Scrutinize them with fairness and impartiality for any flaw. Pass the information timely to your lawyers. Do not file cases for the purpose of harassing the opposition. It starts a vicious circle. Even though one may think that they are making the opposite party suffer, they fail to realize their own suffering and misery by being given to false and frivolous litigation.
Pleading a law path for a good lawyer is like walking on a tight rope equally balanced;
any bias negligence or callousness on the part of the party or its lawyer could be fatal to the cause of justice. The inherent powers bestowed upon the High Court are to help curb sudden and grave injustice and are not to be used as a tool for personal vendetta.