Reply To: 498A affect on CCS(CCA) and conduct rules

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None of our lawyers ever told us about any of the provisions that exist in such cases. Being believers in truth, we have been under the impression that truth triumphs and honesty wins. Only when the Magistrate failed in her attempts for a compromise (in fact she herself was fighting a family case and was bargaining to set her husband free from her clutches, which was settled @ 30 lakhs), days before our judgement, she called our lawyer into her chamber for unknown reasons, (perhaps expecting our lawyer to make an offer) and ultimately, she deceived us by asking our lawyer to withdraw the plea of “jurisdiction” (the case u/s 498a was filed out-side its legal jurisdiction) and gave a verdict against us, we have gone through the law books and asked our lawyer about the provision of “quash”. From the past seven and half years of my court experience, I feel that many of the lawyers are either unaware of the “laws” or keep their clients in dark and squeeze fat fee for just dragging the case for unlimited periods, as long as the client is milking. For that matter, even the judiciary is not honest, as our experience reveals. As already said, high level political influence on the side of our adversaries also still persists. Our lawyer thwarted the idea of quash and suggested for an appeal. In this appeal court, the case was passed through 3 judges. The first two were honest and well appreciated the facts of the case. Almost all arguments were over and the Judge was about to deliver the judgement and asked the PP for his side of final arguments. Sensing their failure, our opponents sought for adjournment and immediately got the case transferred to another court. When the judge in the other court also could not be made to bend, they dragged on the case till that judge was transferred and a new incumbent joined in that post. To our ill luck, this one turned out to be corrupt to the core. Immediately on joining in the new post, on promotion, through one of his agents (?), he moved the matter (?) with us. Though there was not even an iota of truth in the allegations made by the estranged wife, having been fed-up with these court cases for the past seven years, our lawyer told him that we would pay some nominal amount. But he asked for some big ransom, which of course was beyond our reach. Within days of his joining and immediately on hearing our “no” to the deal, this judge confirmed the judgement of the lower court in to-to. Before the earlier judges, we have offered our-selves even for narco analysis tests if necessary. Now we are proposing to go for a second appeal. However, we are afraid, because many people are saying that as Two lower courts have given judgements against us, the High Court will not go deep into the merits and demerits to adjudge the case and our chances to establish the truth are bleak. Is it correct?

My actual doubt for which I need a clarification is whether there can be any nexus in between the case u/s 498a (and its possible consequences) and the Service Rules of Central Govt. employee (especially persons other than the main accused) and if so, to what extent and how it should be regulated. I have been searching in various relevant fora, but have not come across even a single such instance. Only in the judgement of Mr. Jogeshwar Mahanta, a reference to some clarification given by the law ministry has come to my notice. I would like to go through it to see if it can help me in sorting out my problems. As already mentioned earlier, all my service benefits, including promotions, have been stopped and I am being paid a paltry amount in place of pension for my service of forty long years rendered to this great Bharat.