Two Lamas discuss why politicians do not want to increase retirement age of SC and HC Judges

Two Lamas discuss why politicians do not want to increase retirement age of SC and HC Judges

In the mountains of Himalays

Two Lamas were walking down
A narrow strip of land

Younger Lama asked
‘Why politicians do not want to
Increases retirement age
Of SC and HC Judges?”

“Judges have no such
Fundamental right to increase
Retirement age
In fact,
Judges have no fundamental rights”
Elder lama replied

“What should politicians do
If they want an obedient judiciary?”
Younger Lama asked

“First, they should
Permanently freeze
Retirement ages of judges
At pre-1948 stage.

“Secondly, they should create
A large number of posts
Where only retired judges
Are eligible to be appointed.


“Thirdly, they should
declare a policy
That such posts will be filled up
Only on ‘Pick and Choose’ basis,
In consultation with Supreme Court.

“Fourthly, they should avail
Every opportunity to shake hands
With SC and HC Judges.

“While shaking hands,
They should always say,
‘Tell me Sir,
What I can do for you
And what you can do for me.’

The Judge will immediately turn away
In some other direction,
But not before a dent is made
In otherwise an independent Judiciary”
Elder Lama explained the politics

Haresh Raichura
307, CK Daftari Chamber,
Opp. Supreme Court.
New Delhi.

Two Lama on ‘Ineptitude of Counsels’

Two Lama on ‘Ineptitude of Counsels’

30th Sept,2010


A Day in Supreme Court

“Mr. Counsel, how can we go on like this?”
Judge asked a senior advocate

Judges were not amused
Though everyone else sitting in court room
Was amused

Senior advocate had a pointed out
A provision of a special Act
He had no spare copies for judges to read

Judges called books from their library
After books came,
They searched for provision indicated by counsel
But there was no such provision in their books

The judges were reading 2010 edition
Of a bare Act
Senior advocate was reading
From a 2005 edition of a private publication

The provision in question was
Already deleted by 2007 Amendment

Senior advocate was unaware about
This amendment and deletion

Obviously he had not checked effect
Of this amendment on pending proceeding

He pleaded honest mistake
And asked for time to check up law




Judge asked,
“How can we go on like this?
Every time we put a question to you,
You ask for time to check up.
This matter has already been adjourned
Three times in this way”

Judge turned to respondent’s counsel
And asked him,
“Have you check up effect of this Amendment
On pending proceedings?”

He too was unaware about amendment
And had not checked
Its effect on pending matter.

Reluctantly, the judges adjourned the matter
To enable counsels to prepare better.

(2)

In the mountains of Tibet

Younger lama asked,
“Why so many good cases
Are lost in courts?”

Elder Lama replied,
“Counsel’s ineptitude is a major cause.
Counsel may be highly intelligent
And experienced,
But he may not be in a ‘Fit State of Mind’
When case is called out.

“How can it be ensured that
Counsels are in a ‘Fit State of Mind’
When they are called upon to argue?
Asked younger lama

“Checklists are the ways
Of future generation to reduce ineptitudes
In all professions all over world.



Before a performance,
A professional is required
To do a checklist.


Such model checklists are prepared
And circulated by Apex bodies of Professionals

Checklists create a mental net in which
Flaws of memory, attention
And thoroughness
Are caught.

And therefore they create
Possibilities of higher performance.”
Elder Lama explained

Haresh A. Raichura
307, CK daftari Chamber,
Opp. Supreme Court,
New Delhi

Notes:
1. Inspired by a conversation heard in court of Hon’ble Justice Dalveer Bhandari and Hon’ble Justice Deepak Verma on 21, September,2010
2. Inspired by the book “The Checklist Manifesto” by Atul Gawande

Do Supreme Court Judges have hearts?

"Do Supreme Court Judges Have Hearts ?"
                         or
“Compassion of Supreme Court Judges"

(1)

Many Many Years Ago
A Day in Supreme Court

At about 11.00 AM,
Supreme Court dismissed a SLP
By a tenant who had lost his case
In all courts below

At about 11.30 AM same day,
In Bombay,
A young woman jumped
From a high storied Marine Lines flat
And committed suicide.
She could not bear news of dismissal of SLP

The tenant in the case was
A former Prime Minister of India,
Namely Morarji Desai
The counsel who argued his case
Was Nani Palkhiwala
The woman who committed suicide
Was daughter-in-law of Morarji Desai

Tragedy moved heart of landlord
And he agreed to permit his tenant
Morarji Desai to live in flat till his life time

(2)

In the Mountain of Tibet

Younger Lama asked,
“Do Supreme Court Judges have hearts?
Do they understand that
The litigants are made of blood and flesh
And often they may not be able
To withstand their steel-made
Swords of justice?”

Elder Lama replied,
“Yes. They very well understand
Consequences of their orders
On litigants who are made of flesh and blood

While dismissing a tenant’s slp
They often give them time to digest defeat
And to vacate premises

When they see that parties are obsessed and hot,
They reserve judgements for months
So that the parties can cool down!

When they see that both sides
Are rich and blind with greed,
They dismiss their cases slowly slowly!
After several adjournments!

When they see that
The litigants are just
unwilling to accept dismissal of slp,
They permit them to file
Reviews and curative petitions,
To enable them to become free from their illusions
Slowly slowly and step by step

Thus, by and large Supreme Court Judges are
Compassionate and kind
And they deliver justice
With compassion and with kindness
And with iron hands in velvet gloves”
Elder Lama explained

Haresh A Raichura

Note:
1) The incident referred in part 1, is based on remote memory of items read in newspaper years ago.
2) The views described in Part 2, are only inferences. They may or may not be true.
3) More such poems in my book, "Tomato Soup for Lawyers and Judges" Vol.1 & 2