Based on a slightly true case.
Dispute arose between two neighbors
One said it was Monday
The other said it was Sunday
Together they went to court
And engaged best lawyers ofbar
One became Plaintiff’slawyer
The other became Defendant’s Lawyer
Plaintiff pleaded it wasMonday
Defendant denied the claim
And insisted for heavyburden
On plaintiff to prove hiscase
Lawyers on both side
Led evidence oral anddocumentary
But none produced a calendarbefore court
To see what the day it was
Evidence was examined
Precedents were seen
Arguments were heard for days
And finally the court held
Plaintiff had failed toprove his case
And suit was dismissed
A shooting pain rose inheart of plaintiff
‘How court denied his case
when every calendar in town
showed it was Monday!’
Is there darkness in our justice system!
What kind of justice is this!
His heart cried.
He vowed to fight up toSupreme Court
And lawyers on both sidesagreed too
-2-
The matter remained pending in High Court,
For almost fifteen years!
High Court said Trial Court was right in
saying this it was Sunday!
-3-
After fifteen years
When matter came to SupremeCourt
Plaintiff’s counsel humblyurged
“ There is no judgement of Supreme Court
as to at what point a day begins
and at what point night ends:
Unless the law is cleared by Supreme Court on this issue,
It cannot be decided whether it was Monday or Sunday!
The enior Counsel urged this point involves large number of cases,
pending in various courts!
The bench smiled and grantedleave.
Matter remained Supreme Court for five years.
4
After five years when matterwas heard
The another bench smiled andsaid,
“Concurrent findings of allcourts
and hence no question ofinterference!”
Plaintiff’s lawyer(me) inSupreme Court
urged, and begged,
please see this calendar!
It clearly shows it was Monday and Not Sunday
as held by all courts below!
The Supreme Court Bench said,
“Here we can’t see new evidences!
Here we can’t see photographs of actual position on ground!
Here we can’t see CC TV phootage to know truth.
We don’t see TV!
We don’t read newspapers!
We have to go by strict rules!
We have to go by what is record of case only.
No New Evidence Here!!!!!!!!
5
Plaintiff’s Lawyer (me) in Supreme Court,
Advised his client
“File another fresh suit
This time ask your lawyer to file calendar”
and returned papers by post
back to the plaintiff
Unfortunately,
The postman lost file in transit,
And the case came to an end
And in all these years of suitlife,
The lawyers had moved
From rented premises tobunglows
And their sons had entered atBar
To fight a fresh suits for neighbors
If they were still not sure
Whether it was Sunday or Monday!
-3
6
According to an eminent jurist (me)
The first court was guilty
Of deciding an issue withoutsufficient data,
And of not refusing to granta judgement
Though it had right to refuse judgement
unless calendar was filed by either side advocate.
And the last court (Supreme Court) wasguilty
Of admitting matter withright hand
And dismissing it with lefthand,
And of not realizing that Supreme Court
was the last opportunity for a man to get justice done!
And the lawyers were ofcourse not guilty of Anything
As they were just doingtheir duty
To educate their children
And to settle them inprofession
The postman was also a great culprit
Who lost the case papers intransit
Particularly when two neighbours
Are still not sure what theday it is!
Had he not lost papers,
Today my son would have been arguing
the same case with latest knowledge of Law!
Alas! The fleets of years glide on,
And I never saw my client again.
Alas! Alas!
Haresh Raichura
Note:
1. The poem is basedon an actual case with slightly different facts. The fact of postman losingreturned case papers is completely true.
2. Impression of aJudge’s right to Refuse Judgement isbased on refusal of Justice Whittaker toparticipate in judgement, in Baker V Carr 369 US186 (1962) as mentioned in Constitutional Law- A Political Case Book, by JeromeR Corsi and Mathew Ross Lippman on page 24
3. This poem was composed on Friday, March 19, 2004 and is published in my book,
Tomato Soup for Judges and Lawyers.
Haresh A. Raichura 
Bad English, stupid way of promotion..!!!