Long wait for justice gets longer

HYDERABAD: For Smitha and Vaibhav, a visit to the family court in Ranga Reddy district on Wednesday was supposed to be their last face-to face meeting after nearly two unsavoury years of court battle. Both had flown in from USA for a final judgement in their complicated litigation. But they were fated to wait longer. With their case not being heard in the absence of lawyers, who are on strike, they will now have to make another schedule and spend a huge sum again on flight tickets to return later.
The estranged couple is just one among many who are at the receiving end of the ongoing lawyers agitation against the appointment of Andhra Pradesh-origin judges in Telangana.The agitation was sparked after some AP judges were posted in the Telangana courts after division. The move is being looked upon as a threat by Telangana judges, who say it will push back their promotions by an estimated 30 years.
Since June 1, lawyers have been boycotting court duties, as well as blocking the entry of AP lawyers and judges to the court complexes. Normal court proceedings have taken a hit, leaving many litigants stranded. On Thursday, lawyers took to cooking on the Nampally court premises as a protest tactic.
Meanwhile, for eight-year-old Shraddha, Thursday was just one more day added to her wait to buy new textbooks. She has been waiting for books as her mother has not received the child maintenance promised to her since months. And with lawyers on strike, her case is languishing in the court.
"As lawyers are not being allowed into the court, I cannot go and argue her case before the judge," said Nischala Reddy, who is representing Shraddha's mother. "Had the case been argued, the judge would have given some order to relieve her in this situation. Without any order and with school admissions underway, she is in a tight spot and is unable to pay her child's fees," he rued.
While litigants to have the option of arguing the case themselves if the case is in a lower court, most of them do not want to take such a risk as they fear they will not be able to raise all the legal standpoints, especially in maintenance-related matters.
In cases where a litigant has approached an appellate court following an order by a lower court, only advocates are allowed to argue a case. And if it a final hearing before judgment or cross examination while arguing a case, the presence of both the lawyers is an absolute must, say legal experts.
Apart from delay and monetary losses due to the strike, several litigants may even stand to lose out on justice, say lawyers. This is likely in long-drawn proceedings in cases such as dowry harassment, dowry death, domestic violence etc., which require the presence of witnesses to give evidence. Getting witnesses and convincing them to appear in court is a difficult task under normal circumstances. With witnesses not being allowed into courts, convincing them to return later is proving to be next to impossible in some cases.
"They will have to take time out on another day, when the date is given, and that just might not happen. Justice might get affected in such cases," said Sudynyata Deepak, a lawyer.
One such incident happened this week, when a witness, tired of the case not being heard, flatly refused to turn up again. "If he doesn't come, I am staring at a defeat in court. It will ruin me," said A Reddy, a dowry death victim's father.