Category Archives: Supreme Court of India

Our Judges Are the Most Pitiable Judges in the world….?

Standard
Here, I must be wrong. There are miles long queues of “People who want to become judges”. Some of them are willing to pay lakhs/crores of bribe if someone can promise to make them Judge of High Court or Supreme Court judge.

Then, how do I justify to say that our judges are the most pitiable judges in world?…. In fact, I have never gone outside India, and then how can I say that there are no more pitiable judges in the world?

A twitter friend @AnniMukkala recently visited a court and tweeted than nothing was happening there except dates! This prompted me to write this article.

Two days ago, I was sitting in Supreme Court. I was just observing the judges. Then  also suddenly this thought had came in my mind that, “Our Judges are the most pitiable judges in world”.

Fortunately, Judges do not know this. Therefore they are happy.

1) I saw a young man who enjoyed solving all kinds of puzzles, crossword puzzles, magic cube puzzles. He was enjoying. Every time he solved a puzzle, he felt a sense of intellectual victory.
Then one day someone came and told him,”Here are 3 Crore puzzles. Everyday from 10AM to 5PM, you will keep solving these puzzles”. He is still solving these puzzles. Isn’t this pitiable?
2) When a Judge enters in Court, 10 minute before him, him a clerk comes in court with heaps of files on is shoulders. Who is carrying heavy heaps of file on his shoulders? Not the clerk. It is the Judge who is carrying heaps of Cases on his shoulders and on his mind.
3) Years ago in 1985, in  a Magistrate Court, a lawyer asked me, do you know how much a judge is paid for each signature he puts on case papers, proceedings and orders? He has to put so many signatures that even if he is paid 10 paise per signature, his total salary is still less.
4) A friend of mine was selected as judge. He was used to be happy. From seat of judge, he used to give all kind of moral lectures to lawyers. 
One day, a sitting High Court Judge telephoned him that in certain triple murder trial, he should acquit all accused. 
He did not oblige HC judge. Thereafter, all his promotions got into troubles. He was transferred at places where there were lots of problem. Anonymous complaints against him  raised. 
There was no place, there is no place where he can explain that all these were due to not obliging a sitting of HC. 
From that day till today, he is burning in flames of Injustice.
5) Then one day, I was sitting in Supreme Court and watching body language of judges and arguing counsel. 
The advocate had previously told his client, “Look, this judge is Fixed by Government. Whatever may I argue, the judge will not listen. This judge was also fixed by Government when he dismissed similar earlier case.”
Having prepared client in advance in this way, the counsel stood up to argue.
Now also judges can read body language of lawyers.
Judge learned instantly what this counsel had tutored his client in advance.

Since judge had already dismissed similar case few days ago, this time he wanted to hear the matter with more open mind without being influenced by his earlier dismissal.

But the moment he saw body language of advocate, a strong dislike swelled up in his mind. And yet, he smiled and started hearing case.

The point is this.

The counsel argued and in a high pitched voice, as if he was arguing against a wall. His sole goal was to play to the gallery.


The judge patiently kept hearing, so that his client does not get impression that his advocate is not heard and whatever negative tutoring advocate may have done can be washed out…..

And once, while listening argument, the Judge yawned. I could imagine mental torture he might be going through. And then I pitied him. 
I pitied him even more when he started dictating order. This Judge has some kind of dogma or resolution in his mind that, “Every word I dictate, must be clear and correct.” This requires full 100% attention of mind.

In spite of his strong dislikes and yawning, he had to collect all his mental strength to make sure that every word he dictates is correct.  This is a very extracting job. I just wondered how much mental energy he may have to spend each day.

I saw no difference between a judge and a grain market labourer who carries 100Kg jute bags on his back and keeps shifting from one place to another, whole day.
A labourer, can now and then, take a break, take a rest and can smoke a bidi. or a cigartte. But a judge can’t even do that! 
Therefore I said that our Judges are most pitiable judges in world.
Haresh Raichura
26/4/2012

Three Senior Advocates (About deteriorating Standards in Supreme Court) – A poem

Standard

This may interest only to Lawyers and Judges. 
When a Senior Advocate argues in Court, certain standards are expected from him. One Such standard is an assurance that Senior Advocate will not make a false statement and will not actively or passively try to mislead court. 
This poem gives one sided, rather dull view. There are very high standard Senior Advocates also.One day, I will try to write about them also in order to balance the picture.

Three Senior Advocates

                                                                         
(An Imaginary Piece
Inspired by three hearings
In Supreme Court some months ago)
(1)
A day in Court
Judges were hearing a multicomplicatedgroup of cases
One judge looked at the Prominent Senior Advocate
Who was arguing lucidly
Since last three days
And then the Judge confronted him,
“Yesterday we put a specific question to you
Whether matters of Mr.X petitioner
Are also part of this group.
Junior advocate on other side said ‘No’
But you empathetically said YES.
We proceeded on basis of what you said.
And now you are saying that
Petitions of Mr.X are not part of this group.
Explain this.”
Senior Advocate denied that he had ever
made any such statement
And then he tried to explain
what he had actually meant by what he had said.
And then,
he gave up futile efforts
and  candidly admitted,
‘Al’right. If i said that I said that.
I cannot escape away from that.
But the fact remains,
Petitions of Mr. X are not part of this group,
And they have to be heard separately
As they are led by other prominentsenior advocate’
Judges recomposed their thinking
And continued to focus on merits of case.
(2)
Another  Day in Court
Matters were listed for admission hearing
As the matter called out,
Judge said to Senior Advocate,
“Your appeal is pending.
You argue your merits there.
Why should we interfere here.
You better go there.“
“Appellate Court has already found in my favour“
Senior Advocate emphasized
For a split second,
The judge was taken aback.
He re-looked at his notes and shot back,
“Mr. Counsel, why do you say so?
That finding was in an appeal from an interim order.
Your main appeal is still pending.
How can you say that
Appellate Court has already found in your favour?”
After an anguished pause,
Judge dismissed the matter and said,
“Mr. Counsel why do you make such statements
When you know  that we come thoroughly prepared?”
Counsel said nothing and moved on
There were some other matters to do
in some other courts.
(3)
A Final Hearing Day
As the case was called,
A junior lady advocate started her case
And started to explain what was the appeal about.
Immediately, a young Senior Advocate rose from other side
And interrupted bluntly,
“An another appeal arising from the same impugned judgement
Has been already Dismissed by this Court.”
His three other assisting advocates also nodded to support him.
Judges turned to listen  to the senior advocate.
Lady advocate tried to say something
But judges asked her to wait.
“Did you say that another appeal arising from the same impugned judgement
Has already been dismissed by this Court?”
Judge wanted to be sure.
“YES. An another appeal arising from same judgement
Has already been dismissed by this Court”
Senior Advocate vehemently submitted.
His three assisting advocates also nodded vehemently to support him.
Judges turned to the young lady advocate asked,
“Then what is the point in hearing this appeal
When other appeal has already been dismissed”.
“It is pending. My Lords.”
said the young lady advocate
And handed over computer report.
Judges looked at the report and then asked Senior Advocate,
“She says that it is pending.
What have you to say?”
Senior Advocate looked puzzled.
He started looking at three assisting advocates
And three assisting advocates
Started looking at one another.
No one had any answer.
Judge gave them an advice
“Never make a false statement in Court.
The Judge will always remember you.”
Young Senior Advocate just smiled.
The Judge himself was going to retire in a month.
What difference does it make!
He thought.
The Judges again turned to young lady advocate
And started hearing her appeal.
                                                                
-Haresh Raichura
             18.11.2011
P.S. I have forgotten names.
(Uploaded on blog on 24/4/2012