Having read the Abracadabra last fortnight about Vinod Mehta and KBG’s frequent brushes with our laborious legal procedures over frivolous cases, I feel you should read about my solitary brush with the law too.

One Saturday evening as I was driving towards Mysore with my family on a straight stretch of road on the outskirts of Kollegal town, I saw from a distance, two young men on an oncoming motor - cycle going for a very nasty toss after hitting a pot-hole unawares. As it usually happens, while the driver managed to hold on to the bike, the pillion rider was violently thrown off.

Duty – bound:
Considering the violence of the fall and the fact that I was a doctor, I felt duty-bound to offer some help. Instinctively I stopped my car and after parking it in a safe position by the roadside, I walked up to the fallen pillion rider and helped him to sit up. After ascertaining that he was conscious and breathing, I proceeded to examine him fully whereupon I found a bleeding injury on his ankle, which was twisted indicating that there was a fracture. I asked him for a handkerchief and when he said that he had none, I pulled out my own from my pocket and bandaged his ankle and stopped the bleeding.

Good deed:
Likewise, I examined the driver too, who said he knew me, but since he had no serious injuries he said that he would have no problem riding back home. I stopped a passing auto rickshaw and after helping the injured man into it and asking the driver to take him to the government hospital, I left the place happy that I had done a good deed.

But late in the night, my weekend, which had hardly started, was interrupted by a phone call from a friend saying that a case of “hit – and – run” had been registered against me at the local Police Station by the motorcyclists and that I should expect the Police to come calling. I rushed back to Kollegal early the next morning and met the Inspector at the Police Station who said that I had to formally surrender myself with my car. The car was put through an inspection by a Motor Vehicle Inspector who declared it undamaged and in sound condition with all the documents in order.

Hit – and - run case:
But everything was not legally in order as far as my position was concerned as I was now the accused in a hit-and-run case which is a more serious offence than just being involved in an accident and not reporting it. An hour later the complainant’s group arrived and after a brief discussion with the Police Officer they said that they would withdraw the case and opt for an out – of - court settlement if I agreed to pay a compensation of rupees fifty thousand.

I made my stand very clear that since I was only guilty of stopping and offering some help to a stranger who was injured in a self-caused accident I would not pay a single paisa, irrespective of the consequences. After the Police Officer explained to them that they did not have a fit enough case as there were no witnesses to the accident and there was no evidence of any reciprocal damage to the car, their demand came down in stages to rupees five thousand. All the Policemen around and my doctor friends too felt I should pay up this nominal amount and avoid unnecessary litigation.

Since paying up like this would amount to an admission of guilt and since I was keen on proving my innocence, I said that I would pursue the matter to its legal and logical end and refused to budge from my stand.

The process therefore had to begin with my formal arrest whereupon my friend, a surgeon, stepped in to bail me out. In a small town, a doctor is automatically a very big man and one of the best lawyers offered to appear in court on my behalf, reassuring me that we had a very strong case.

Delayed summons:
A year and a half passed with no progress, which almost convinced me that the case had been withdrawn by the opposite party, perhaps considering the fact that it had no merit. But one fine day a Policeman walked into my clinic with the expected but much delayed summons. On the given date I was at the court waiting for my name to be called, along with those of many others accused in various petty cases.

The duty - bound judge, who could do nothing to help me, despite being my patient, formally read out the charges against me, which I denied, thus setting in motion the trial proper. Due to transfers, the case during its course, was heard by three different judges and went through a mix of 26 hearings and adjournments over a span of two – and – a - half years with me having to appear in person almost every time unlike in civil cases. Although it entailed much travelling to Kollegal and much waiting at the court every time and loss of valuable practice time and money, I did not have to incur any legal expenses as my lawyer refused to take any fee from me whatsoever.

Judgment day:
When judgment day finally came it was only a formal closing ceremony as the out-come was a foregone conclusion. I was formally pronounced “not guilty” and was once again a free man. During the course of this misadventure, I learnt that the motorcyclist had no DL and the vehicle had no insurance. Therefore some “enlightened” friends had advised him to file a “hit – and - run” case against some other vehicle to get compensation for the injuries sustained by the pillion rider. The only vehicle conveniently available for this purpose was mine and I had to be the circumstantial scapegoat.

In all those 26 sessions at the court the actual deliberations did not exceed a total of 26 minutes but unfortunately each one of those 26 minutes was festooned far apart on a long legal red tape. Although disgusted with the experience, I had no regrets for my decisions, which may seem rather unreasonable considering the other easier options I had. But it is up to anybody’s guess as to how ready and willing I may now be to get involved in matters that may have legal implications.

Fighting a court case is like answering a Maths paper. It is not enough if the problem is simple and straightforward and you know the answers right. You have to prove them right by an elaborate array of verifiable derivations and deductions before you can pass the examination!

Dr. K. Javeed Nayeem
kjnmysore@rediffmail.com
Courtesy: Star of Mysore

Note:
If the Police Officer is not greedy or corrupt and is honest and wise, he could resolve 50 % of the complaints either amicably or by refusing to register such bogus and motivated complaints.
- Editor, Star of Mysore