This happened in pre-1990 years in Gujarat. Frequent communal riots were taking place in certain parts of Ahmedabad.
The then Government (Not present Government) had a soft policy to handle communal disturbances.
One woman's husband was working in a mill, probably Ashok Mill. That day there were riots and curfew. The husband did not return in evening. The days passed, the dead body of husband was never found.
When poor woman went to mill management, they asked for a death certificate for releasing funds of deceased workman.
Authorities refused to give death certificate on ground that if a person is missing, the court will declare him dead only after seven years.
The widow came to legal aid committee of Gujarat High Court. The committee assigned a lady advocate. The lady advocate asked me to help her in solving this complicated case.
The then Government (Not present Government) had a soft policy to handle communal disturbances.
One woman's husband was working in a mill, probably Ashok Mill. That day there were riots and curfew. The husband did not return in evening. The days passed, the dead body of husband was never found.
When poor woman went to mill management, they asked for a death certificate for releasing funds of deceased workman.
Authorities refused to give death certificate on ground that if a person is missing, the court will declare him dead only after seven years.
The widow came to legal aid committee of Gujarat High Court. The committee assigned a lady advocate. The lady advocate asked me to help her in solving this complicated case.
For Young Lawyers: 1) Understand the real problem. 2) Do not file matter half-mindedly. First think it thorough
Here, the woman had came to ask for a death certificate because some authority refused to give her death certificate.
But this was not her real problem. She was poor. She was in dire need of financial help. She was unable to get money payable to her on account of death of her husband. This was the real problem.
Second, no court will like to ask authority to issue a death certificate for a missing person until seven years have passed. To ask for such a thing is futile. Describing poverty of woman will not help Court.
Think it thorough. Ask only things which is within power of court to give. Whenever you file any writ petition in High Court or Supreme Court, the judges will first read PRAYERS in the writ petition.
If you had prayed something which court cannot grant, the judges may not even read further. They may simply dismiss writ petition.
What we asked in this case:
We prayed that whatever amount is payable to missing man, by the Mill, may be placed in a fixed deposit of Bank for five years, and interest on amount may be paid every month to widow.
This served the interest of woman. The Court also granted order without any hesitation.
The case was over.
After seven years, the widow was always free to get a death certificate and claim full amount.
Haresh Raichura
6th May,2012
