Relatives and court

October 25, 2014 01:19 am | Updated December 04, 2021 11:24 pm IST

The writer appears to have missed something in his article, “ >Father, son and the holy Court ” (Oct. 24). Individuals across the world and who hold public office behave almost the same way in some situations while acting or reacting in some other way in another setting. Here, the real question is whether a judge can act impartially in deciding a case in which an arguing counsel is a close relative. “A judge cannot” is the answer if the universal human trait is to lose one’s balance and sense of fair play. “Yes, he or she can act impartially” is the other answer if it involves men and women of merit, integrity and maturity.

R. Veera Raghavan,

Chennai

The article once again highlights the relevance of the legal aphorism that justice should not only be done but it must also be seen to be done. The mere appearance of bias is enough to invalidate a judgment. Despite the Advocates Act, 1961, the delay on the part of the Bar Council of India to frame rules so that no lawyer can practise in a court where any of his relatives functions as a judge is disappointing. In the absence of a legal bar, it would be better on the part of legal professionals to operate the moral bar by themselves. What is morally wrong cannot be legally right..

R.K. Jacob,

Palayamkottai, Tamil Nadu

I have pondered over the various examples placed, wondering which one of them would make the nation wake up. The Bar Council of India must look into this issue immediately. Undoubtedly, our faith in the judiciary must be safeguarded by making suitable amendments to the rules framed. The issue relates to the conscience of the person concerned.

M. Xavier,

Vallioor, Tamil Nadu

The rule of law that all are equal before the court, cannot substantiate the argument in this topic. In this context, the natural law, “blood is thicker than water,” is to be remembered; it is obvious that there will be favouritism. The fact is also that when compared to the older generation, the next generation is often found wanting as far as values of professional ethics and moral integrity apply.

Anup Darshan P.,

Thiruvananthapuram

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