Tis Hazari Court is situated in Old Delhi. There is a historical significance behind it’s name. In the 17th Century 30,000 Sikh warriors and there horses had spent time there for warfare with the Mughals. Tis Hazari Courts structure began to be built in 1953 with a sum of Rs.85.00 Lakhs. The construction was completed in 1958. It is Asia’s largest Court.
Famous for its strikes before Bifurcation one took place in April 15, 1984 over the transfer of MCATS from Tis Hazari. During such strikes work came to a standstill. Instead of lawyers, there Munshis (Clerks) would represent clients only to take adjournments from the Judges.
Strange occurrences sometimes took place, near the Central Hall on the Ground Floor. There was a Large open space where the Tables and the Chairs had been allotted to various Lawyers in the open. However, there was a monkey menace in that area. To deal with the situation the Bar Association engaged the services of Anil who had a pet Langur. That is also another type of monkey who scares away the ordinary monkeys. A sum was fixed to be paid to Anil. Once, the monkeys disappeared the Association refused to fulfil their commitment towards Anil. Very annoyed and disheartened Anil left the premises and the monkeys returned once again. Not to be deterred over his pound of flesh Anil personally prepared and filed a case in person against the Association.
As in life and profession there are good and bad, talented and sincere, hardworking and those preferring shortcuts to easy solutions. So in Lawyers, Advocate Jain is a brilliant Matrimonial Lawyer. Extremely sedulous and an encyclopaedia on latest and most pertinent decisions. Above all very modest.
Advocate Tyagi specialises in Land matters. In the evening he and his friends sat over drinks in his chamber. However, Tyagi ji is a very decent gentleman and extremely well behaved.
I remember when a neighbouring Lady Advocate Veena was reconstructing her Chamber with a basement Advocate Tyagi helped in supervising the work. When the construction was complete, not having any knowledge of Liquor she presented an extremely expensive bottle of Champagne. Tyagi ji, kept it on a shelf at his house and while thanking Veena told her kindly, “ you don’t have to spend so much Veena, next time you give me Rs.100/- and I will purchase the drink myself.”
There was a client Jagpravesh Talwar. He was illiterate but, owned a commercial building in Karol Bagh. Inspite of his lacking in education he had learnt to sign in English. Having lost all his money he had been duped by a Businessman both to Let and Sub Let his commercial building. Having weakened his case so thoroughly he kept changing Advocates. He finally met Advocate Anjali whom he trusted implicitly. Jagpravesh Talwar’s wicked tenants and evil Lawyer approached Anjali. They asked her that in the pretext of preparing a case to get his signature on a Blank sheet. Refusing them Anjali told Jagpravesh Talwar that whichever Lawyer he consults never to sign on a blank paper.
Advocate Rita who worked in a Legal Aid Cell once recounts the sad plight of woman. Aruna’s brothers had asked Rita to file a divorce case on behalf of Aruna. On the first day of the hearing the brothers asked her to withdraw the case as reconciliation between the parties had taken place. Aruna looked with beseeching eyes to Rita, helplessly seeking a divorce. Circumstances were against Aruna and there was no escape for her.
At Tis Hazari there was no dearth of spicy food. One of the food stalls was famous for its kachori aloo and in the winter for carrot halwa. Even Lawyers from the High Court would visit to taste the mouth watering scrumptious snacks. Then there were two canteens in the Civil Wing of Tis Hazari Courts, one of them was popular for its subsidised lunch. These were haunts of Lawyers for discussing cases, daily news and events around the Court and politics. Spotting the Court premises were hawkers selling fruit chaat. Litigants too savoured these foods at times. Delicious tea vendors were also spotted at different locations.
Earlier electricity was a problem. Some Lawyers had started putting Air Conditioners in their small chambers. This would lead to breakdown of electricity. Some Courts would function in candle light. However, this was very rare. At present there are no power failures and Air Conditioners are common in Court premises.
Matrimonial jurisdiction with the penal provision of 498A had become a very misused law. Where, there were dowry deaths it was relevant, but it had become an extortion section by many city brides. To wrest huge alimony by threatening arrest not only of the bride groom but also his family. Respectable families who had never ever visited the district court were also arrested on false pretexts. Realising the misuse today the law stands amended and improved.
The District Court Judges were good and willing to hear. Some were indulgent some were strict. Not all were particular about uniform. Tis Hazari Court premises are very vast and there is a lot of bonhomie amongst lawyers. There’s a lot of freedom in the profession but, also tension of the result of every case. Stenographers roam around and there is a row of typists at the extreme beginning of the Civil side and also in the Western wing.
Radha had called Vani to the Ladies Bar Room at Tis Hazari. As Amicus Curie she had got bail for an elderly Rajasthani lady named Jeyati in a drugs matter. “Jeyati belongs to a village in Rajasthan she had come with her contact in search of work to Delhi. She is illiterate and not familiar with the Hindi language.” Radha told Vani “How did Jeyati get in touch with the drugs mafia?” asked Vani. “She was not a drug pedlar. Not being able to earn anything she used to steal vegetables from the Vegetable sellers. Annoyed with her habit the Vegetable sellers took the help of the Police and got her arrested on false charges,” replied Radha. “I got her bail from the High Court because the Police had not got the statements of independent witnesses which is mandatory under the NDPS Act. I want your help to handle Jeyati’s case at Tis Hazari free of cost on a humanitarian basis.” “Definitely I will help,” replied Vani.
“Come I will introduce Jeyati and her contact to you. She is waiting outside the Gole Canteen. Show her your chamber also. Her contact knows some Hindi.” Jeyati was an elderly, dark and tall lady wearing a Ghaghra (a long skirt and a blouse). She was looking very worried and Albela was her contact. Vani took them to her chamber. She sent her Munshi (clerk) to get some tea and phen (Indian rusk) for all of them while taking Jeyati’s file. Reassuringly Vani pacified Jeyati and confidently told her they would win the case. Albela said Police had confiscated Jeyati’s Silver Anklets. Also at the time of false arrest lady Police was not there and the Policemen had beaten Jeyati very badly. Vani showed Albela and Jeyati the Court room where the trial would take place.
Rakesh was another very dare devil Advocate. He was handling the criminal case of Hemant which had been filed by the latter’s wife on account of dowry and cruelty. Hemant had recently come to Delhi from Kolkata with his mother and two brothers. He had taken on rent the Ground Floor of a small house in a trans Yamuna colony. Besides selling sarees he had started a small business in precious stones. His landlord Jatin had come to know about that and started demanding additional rent. Hemant wanted to vacate the tenancy premises and so had locked the premises. However, he was having difficulty in removing the luggage because of the threats of the Landlord and the Property dealer. Having stated his fees Rakesh made a plan for vacating the premises with the luggage. He told Hemant to arrange for a truck to take his family beyond Delhi and meet Rakesh at a certain common point. From there they would go to the tenanted premises in Trans Yamuna with Rakesh following in his car. The starting time would be 10 PM. When they reached the spot a rickshaw puller was entering his house. They asked him to help them load the truck parked at a slight distance. When Hemant opened the lock and switched on the lights of his tenanted house the Landlord’s son and property dealer barged in. They threatened to call the Police. “That would be a good idea because you can file a Civil Case against the tenant but not force him from vacating the Ground Floor of the premises”, said Rakesh. “Who are you”? demanded the property dealer. “I am Hemant’s lawyer and this is my card”, said Rakesh handing his visiting card. In the meantime with the help of rickshaw puller they loaded the luggage in the truck and took off. The property dealer chased on a scooter the truck for some distance and gave up. The next day the dealer rang Rakesh for the rent. Feigning ignorance of the whole incidence Rakesh disconnected the call.
Manoj got the case of a schizophrenic youth Tenzin. He had murdered a Policeman being unsoundn of mind. Tenzin would suddenly imagine that the victim was going to attack his father and then in the belief of saving his father he would violently attack the victim. For his bail Manoj summoned the previous medical record from Agra. As a defence in such a case it comes under one of the exceptions to arrest and punishment under the Indian Penal Code. On perusal of the medical records Tenzin got bail. However, the Public Prosecutor warned Manoj that during trial not to roam around alone with Tenzin as it would not be safe for him.
“Radha you were fantastic! You managed to get your client a new fridge from the Consumer Court within 2 days after service of the notice”, exclaimed Monica. The refrigerator was an expensive one from a leading manufacturer. The dealer had given a defective one from the very inception. Both, the dealer and the manufacture were colluding and refusing to admit their fault. There was leakage in the gas said Radha. “How did you solve the problem”, asked Monica. “I understood the functioning of the fridge from a Merchant Navy engineer and then I studied the bare acts and legal commentaries very thoroughly and the answers are written large in Legal books themselves. My notice to the manufacturer and the dealer had no effect. So, I made a fool proof case before the Consumer Forum at Tis Hazari and also claimed damages. The manufacturer and dealer were left with no option but to deliver a brand new fridge”.
They were sitting in the canteen. “Should we order some snacks with Tea”. Manoj asked Monica and Radha. “Tea will be fine” they replied. “If only people would compromise their disputes, their would be less frivolous litigation and more peace at least in Civil matters observed Monica. “Compromise? Matters generally reach Courts when opposite sides become sworn enemies!” exclaimed Radha. “And we lawyers add spice and further strengthen their hatred”, said Manoj. “No wonder it is said beware of Doctors, Police and lawyers,” spoke Manoj. “By the way my landlord is about to give his house for construction under a collaboration agreement. He has given me one months notice to shift. Any idea of a nearby colony where a decent accommodation could be got?”. “For a lawyer to get rented accommodation is almost one of the most impossible trials to face. We are considered liars not lawyers,” said Radha. “I’ll give you Rajan’s contact number. He is a young enterprising and reliable property dealer. An answer to your prayers”. “Thanks Monica most helpful of you,” a relieved Manoj replied. Anita came towards them in a very excited frame of mind. “Guess what friends a very rich old man and some of his family members contacted me for making a will. They want a video recording of its execution once I have drafted it. What fun!” That was really a good news indeed, “We want a party. When do you plan the celebration,” Manoj said indulgently. “Right now over here this second,” said Anita. ”No not here some nice restaurant,” joked Manoj.
Vipin was sitting in his chamber feeling pensive and disturbed about the consequences of a divorce matter he had finally succeeded in. Pradeep entering Vipin’s chamber observed, “Why this melancholic look? Have you lost a big case?” “No succeeded in a divorce matter. After the divorce neither part has shown any interest in taking responsibility of the small children. Custody has been given to the grandparents. Feeling bad for them I feel that a crime has been committed by me for having participated in these proceedings,” said Vipin. “Such is our profession Vipin as Lawyers we have to deliver as per the client’s direction. We can try and guide them morally but when clients approach a lawyer they mostly have made up their minds on what they want. That’s the way of the world. Now tell your munshi to get tea for us. I dropped in mainly for that,” said Pradeep.
Pehalwanji was one of the owners of a tea stall, very dark and very fat. For certain chambers he liked taking the tea himself. Dressed in loose Kurta Pyjama he would sit in the chambers while serving tea and tell most unbelievable tales relating to his waking in his sleep at night. With an empty glass of another chamber in his hand, he would fall asleep while sitting on a chair the glass precariously held in his hand. As his sleep grew stronger, the hold on his hand would slacken and when his grip became negligible the glass would fall and break and Pehalwanji would get up with a start. His performance would be watched keenly and with grave concentration by the lawyers in the chamber always ending with peals of laughter.
The vast spread out Tis Hazari with innumerable chambers in the Eastern Wing and Western Wing and then the far off Tehsil building provided scope for immense movement amongst lawyers, staff, clients and vendors. There was also the treasury where the stamp papers of a higher denomination could be purchased. Stamp papers of smaller denomination were also available in cabins. Then there was the desk and chairs of the Notary and Oath Commissioners.
“Our daughter while studying in the hostel fell in love with a boy and without informing us secretly married him with the connivance of his parents. His name is Harish. Then Harish went abroad and our daughter Sonali realised she was wrong and had made the mistake of marrying him. Sonali informed Harish that she wanted a divorce whereupon Harish started threatening Sonali that he would make public their intimate photographs and malign her.” “Not to worry”, said Geetika. I’ll send Harish a notice that we’ll get his parents arrested under sec 498A IPC and sec 406. That will scare the wits out of him and he will be forced to give a mutual consent divorce”. That exactly solved the problem and in this manner Sonali got rid of her blackmailing husband.
“Imagine the impertinence of this crook, Renu fumed in the canteen. “Just because my relatives are in the Judiciary the crook wanted me to approach them for favourable order.” “Who is this villain,” Geetika asked. The Don Roopak. Agent of Dawood wanted for many crimes including the murder of his girlfriend while in jail. He had sent a message to meet him in Tihar Jail for Legal matters. Such a cruel heartless, evil maniac he cried out of pity for himself. “Typical behaviour of big mafia heads,” said Geetika. “Their heart bleeds only for themselves. Should not bother your emotions over such scandalous dons. Agreed some people go behind bars because of bad circumstances and desperation and some due to uncontrollable anger, some are mental cases and derive satisfaction from crime and lastly are those who make it their business,” observed Geetika. “Very true” replied Renu.
Having appeared in their cases Monica and Radha were resting in the chamber. Deepak the thin intelligent lawyer famous for his caustic wit entering with heavy files sat down greeting them. “Deepak how do you manage with so many files. You are so very thin,” observed Radha. Joining in Monica said, “we could make you stand up if we jointly caught you.” “Just try,” Deepak said nonchalantly. Radha and Monica together held his arms and used all their might but could not make Deepak budge. Both the lady lawyers burst out laughing seeing Deepak’s serene and confident face. They had just ordered tea when a group of young boys and girls visited their chamber. “Do you get marriage registered also,” a young handsome boy from the group asked? “However, there’s a slight hitch,” a pretty girl from the group said. “And what is that Deepak enquired?” “My name is Rita and Alok over here is my first cousin and we love each other and want to get married.” “Which state are you from,” from Monica spoke. “Why do you want to know that,” said Rita. “Because marriage between first cousins is prohibited under Hindu Marriage Act except where there is an old well established custom permitting it,” replied Radha. “Affidavits on Oath have to be given stating you are not first cousins. False statements by a lawyer can make him or her being debarred from practice.” “You children are very young and it is our duty to advice you,” Monica informed. Very forlorn the group left the chamber.
“I wanted an appointment for a matrimonial matter”, spoke Manu to Geetika. Having taken an appointment when he visited Geetika at her office in her house she observed that Manu a young man was looking very harassed . “Our family consists of my elder sister, myself and our parents. After her marriage my sister her husband and their child, my niece live at Janakpuri. I live with my parents. Six months back my marriage took place. It was an arranged marriage. I had informed my wife Deepika prior to my marriage that my father is retired, and I am the sole bread earner. I will not abandon my parents. They are simple people whom I love and respect. So Deepika will be living with them. In spite of agreeing after marriage she started demanding to live separately from my parents as she could not adjust with them. When I refused she threatened me with legal action against me, my parents and sister and brother in law. Extremely worried by her threats my parents told us to separate. With a heavy heart I took a small accommodation on rent. Deepika had no interest in running the house and would disappear to her parents house. One day she left permanently and served a notice from the Crime against Women Cell with grave false allegation against my whole family. I can face the false charges but am very worried for my parents, sister and brother in law.” Earlier Sec 498A IPC and Sec 406 IPC were draconian laws and caused phenomenal misuse. Today there have been amendments to prevent these sections to be used as tools for extortion. Geetika soothingly explained to Manu that she will be filing for anticipatory bail for Manu, his parents, sister and brother in law, laying down the truth before the Court, that his parents, sister and brother in law had no role in Manu and Deepika’s life and the latter’s lies would be exposed. A relieved Manu now calm and composed paying part of the fees left on a much happier note.
Pradeep and Vani were savouring Kachori & Aloo when a worried Latika approached them. She had become a lawyer recently. “I’m leaving my senior,” she said agitatedly. “I saw him giving false information to a client Harish. He said he had filed the case to Harish and gave him fictitious dates of hearing and told the client that there was no need to bother to come to Tis Hazari for any hearing as he would deal with the case single handedly and get Harish the relief in the case.” According to Latika he had taken extra money for the case since Harish did not like coming to Tis Hazari Court. Whereas, the truth was that no case had been filed at all.
“Misleading people in any profession, scars the faith of the public in the institution they relate to. Whether they are lawyers, doctors, engineers, etc. It’s a good thing you have decided to leave. It will bring you greater dividends in life later on,” consoled Pradeep. “Besides the gestation period of a lawyer takes some time. I’ll ask some senior lawyers to engage you as a junior. Good company is the landmark to success. Lets celebrate your decision with a Kachori Aloo treat for you from us,” Vani spoke indulgently.
With bifurcation of Courts increase in the pecuniary jurisdiction of District Courts and instead of Stamp Paper having e stamp paper and many other changes there has been a lot of improvement in the functioning of the Judiciary. Mediation has created fresh & better options for settlements of Disputes. There is speedier disposal of cases. The pecuniary jurisdiction of District Courts is two crore rupees now, which was earlier 5 Lakhs and then 20 Lakhs, thus also reducing the burden of the High Court. Now having such a great leader Prime Minister Narendra Modi less of corruption and more of principles and talent will definitely have scope to flower.