DailyPost 2505

Legal conspiracy sounds like a contradiction in terms. It seems as if it not doable. Unfortunately, there are enough and many who have perfected this art; organizations, individuals, law firms, political parties and this list can go on. While the study of statute and the legal provisions look and sound simple and straightforward, but its operations are like one unending jig saw puzzle, which all us would have experienced sometime or the other in our lives. The procedural law adds another complex dimension to the whole exercise. With innumerable interpretations and case laws to suit your requirements and timeless nature of the final output, navigating the de-facto legal framework trying to get a desired of your choice, can itself be treated a conspiracy.

Legal technicality wins, justice does not seem to have been done. Worse still the word of law may have been implemented in a nebulous manner, but the spirit of the law for sure gets defeated. Some call it legal strategy and while others feel you have all the rights to misuse the loopholes, which the law supposedly itself provides for, and also play the game of judicial procedure, in the most mercenary manner possible. Misuse of legal loopholes is the practice of law in India. Law is thus used as a tool to conspire to achieve goals which would not have been possible to achieve otherwise.

Legal conspiracy might be a harsh term to use, but that it what it turns out to be. The second side of the coin is that a suspect / accused / wrongdoer is able to get out of the clutches of law, unscathed, honourably, working on well thought out and calibrated legal plan. If the whole thing is planned and executed with a deep knowledge and practice of the nuances of the system, then what do you call it? He is able to extract whatever he wanted from the legal system. It gives a layer of armour to commit the same offences with renewed vigor and keep on trying successfully what can broadly be termed as camouflaged conspiracy.

You can get cases registered by people who are not impacted, you can get any number of cases registered on same / similar transactions across the country, you can get arrested when not required as per law, or you are booked in an exceptional case, the Acts and sections that barely get invoked. The requirement is that you should immense resources; legal, monetary and otherwise and a problem statement to be cracked, at hand. Cracking that problem statement using our current systems, processes and laws is what we term as legal conspiracy. More often than it is be delivered. The executive has an uncanny knack of issuing orders and taking decisions that cannot be substantiated or withstand judicial scrutiny with an intention of achieve ulterior motives. The ideal answer is that the aggrieved can go the court. The tragedy is that is has been long established, that process itself is the punishment in India And at the end of it all, if you have to go up to the Supreme Court on issues which should have been as conspicuous to any judicial officer, at any level, the challenge becomes manifold.


Sanjay Sahay

Have a nice evening.

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