#1232 Author:  Kaki Maheedhar Member Level: Diamond Member Rank: 3 Date: 01/Apr/2011 Rating:  Points: 6 |
1) When a witness is giving a statement, according to the court he/she is speaking on his/her behalf and not just expressing someone else's view. So if the witness is telling a lie, and is fake then I think the witness will get some kind of punishment. But lawyer is not responsible for it. That is because there is no way to prove that the lawyer was involved in the wrong statement. Even if the fake witness himself/herself tells the court the the lawyer made him/her tell the lie, the court is bound to reject it, as they have already become untrustworthy witnesses.
2)Everyone is equal to law. Politicians and Lawyers are not exempted. If one can prove that lawyer was in fact misleading the court "knowingly", then the lawyer may get some kind of punishment. The problem comes while proving. A powerful person can wipe out all the evidences.
3)A perfect citizen gives his true statement as a witness. But no one is perfect today.Some might not be paying Income tax, some might have got a land illegally. There are very few people who follow the rules perfectly. In that case if their statement leads to punishment for someone else, then the someone might make their life difficult. There is a single question that has to be answered. "Why should we go to the court as a witness? Why take the pain?" . If you can come with an answer more than just "citizen's responsibility" witnesses would come to the court.
Everything is business today. If someone has to be a witness he is expecting something in return rather than doing it just for the responsibility.
K.Maheedhar
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| #1235 Author: phani kumar Member Level: Silver Member Rank: 25 Date: 01/Apr/2011 Rating: Points: 3 |
Yes it is true every thing is business today. But there should be some way out to reduce fake mistakes.
But i don't agree this line "A powerful person can wipe out all the evidences." It is not the power maximum all people are settling the cases in police station. but are not moving to court.
Because of which few cases are rotated by lawyers for years. They are playing a lot with court time. It should be tracked properly.
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