College-Like Culture in Supreme Court

Two Lama on “College-Like Culture in Supreme Court”
(Based on actual events)

Dated 16th March,2011

(1)
A Day in Supreme Court
At 10.15 AM near Bar Canteen

One leading senior advocate
Greeted another leading senior advocate and said,

“Congratulations!
Yesterday you bullied the judge,
But you did get the order!”

Together with their groups of juniors,
They celebrated victory.

(2)

At 11.15 Same day
In a court room

The Judge lost his patience.
“Are we running a law college here?
Do we have to teach and explain to you
Even the basic laws?”

The Judge was responding to a counsel
Who wanted to argue
Against the primary and basic principles of law

The counsel did have a point
As there was a judgement of Supreme Court,
Directly
against the primary and basic principles of law
and against the common sense.

The Judge too had a point.
Better than “law-college arguments”
Were expected from counsels.

(3)

In the mountain of Himalaya

Elder Lama gave an advice to Younger Lama,
“If anyone tells you that a particular sparrow
Is carrying a diamond weighing
15 Kgs in her stomach,
Never believe him.

Never believe him,
Even if he may show you
A direct judgement of Supreme Court in his favour.

Never believe him even if he shows certificates,
Rules and provisions in support of his say”


-Haresh Raichura, Adv. New Delhi

Two Lama discuss Who Shall Guard the Guards Themselves?

Two Lama on “ Who shall guard the guards themselves?”

In the mountain of Himalaya


Younger Lama asked Elder Lama,
“When Supreme Court gave
Judgement on CVC appointment,
The newspapers of the whole country,
Carried the news on front-half page of
Their newspapers.
What was so special about this judgement?”

Elder Lama replied,
The case posed an eternal question
Which troubled civilized society
Since many many years,
namely,

‘Who shall guard the guards themselves?”

Everyone, including Prime Minister, President,
And media thought that the Court
Will not be able to take the call
And will not be able to decide this eternal question.

But Court did take the Call
And decided the eternal question.


That surprised the whole nation
And therefore media devoted
Front-half page of their newspapers
To this milestone judgement “
Replied Elder Lama

“What answer did the Supreme Court give?
Who shall now guard the guards themselves?”
Asked Younger Lama

“Objective and verifiable checks
Shall now guard the guards themselves.”Replied the Elder Lama

“And who shall decide
Whether the tests
Are objective and verifiable or not?”
Asked Younger Lama

“Supreme Court and High Courts
Will now decide whether the checks
Are objective and verifiable or not.

The judgement has expanded the scope of
Judicial Review
to include in its ambit
the unbridled executive discretion
which was the main source
of corruption in the country.”
Elder Lama replied.

Haresh Raichura, Adv. New Delhi