March 7, 2012

A Call from An Australian Girl - Compares our legal system with Australian system of Educating Law in High Schools

In Australia, 99% marks at High School level is required to get admission in Law Courses. Compare this with how we we educate our children about Laws of our country.

Please, do not feel hurt, if some of the metaphors used below are harsh and away from reality. No intention to hurt anyone. The metaphors used here are only to stress need of legal educational and judicial reforms awareness at High School level it self in our country.

Please leave me comment if you feel hurt. I will correct my expressions. If  you like this posts, please subscribe to post updates on blog so that I do not have to tweet you about new posts.Thanks

A Call from an Australian Girl


Few days back

Sydney, Australia


A High School Girl 
Called up the Younger Lama in Mountain of Tibet.

She informed,
“This year, admissions in Law Courses in Australia
Stopped at 99% marks.

Since I have got only 98% marks,
I will have to go for less dignified courses
Like Medical or Engineering!”

She wept on phone.
She was sad.

Now she will never be able
To become a lawyer.


(2)

Younger Lama asked Elder Lama,
“Why law courses are not considered
So lucrative in India?
Why law is not the most sought after profession
In India?”

Elder Lama replied,
“Let us go to India and find out.”

  
(3)

Two Lamas were waiting for a train
At New Delhi railway station in India

A train came.
All compartments were already full.

If they tried to board any compartment,
They were pushed back and were told,

“No place here!
Go to some other compartment”

The Elder Lama explained meaning of this metaphor
To Younger Lama
“This is how Admission Days
Are in High Courts and Supreme Court.
The Judges tell lawyers,
“No place here,
Go somewhere else.
My court is full”


(4)

Nathdwara Temple, Rajasthan

Two lamas were waiting at a famous temple
And were waiting for doors to open,
For Darshan/Visual of Deity.

Doors opened.
A big Flow of human being pushed in for Drashan.
   
A big push came from behind,
And the two lamas found themselves in front of deity.

In less than two seconds,
Another push came

And the two lama found themselves
Out of the temple.

Elder Lama explained meaning of this metaphor,
“This is how final hearing matters
Are pushed up and pushed out
in High Courts and Supreme Court.


(5)

Two Lama went to a house
Where someone has just died only a few hours ago

Two lamas watched the scene.

The family members were arguing in loud voices
On when the dead body should be taken out out house,
To the cremation grounds.

Elder man of the House was insisting that
Dead body cannot be kept overnight in a house.

Some family member was pleading insistingly,
“Let dead body be kept
Till some relatives reach from abroad”
Elder man of House overruled him
And said,
The dead body has to be taken out
Just now”.

  
Elder Lama explained younger lama
Meaning of this metaphor to Younger Lama

“This is what happens when a very old matter,
After 5 to 20 Years,
is suddenly notified for final hearing in High Court or Supreme Court,

 Lawyers plead for adjournments.
To contact clients, to collect some fees,
And to be prepared.

The Judges looks into paper and says,
“No. This is a dead body.
There is nothing in this matter.
It cannot be kept overnight.
This has to be dismissed Just now
It cannot be adjourned even for a Day!.”


(6)

Two Lama goes to a Bar Room
of a District Court
in a Small District of India

Two lama entered Bar Room
And went straight to a lawyer
Who was sleeping soundly on a sofa

He was sleeping there
Since last 15 Years.
No one was disturbing him.

Elder Lama woke him up
And asked him,
“Why have you been sleeping
Since so long????
                                               
 He replied,
“Courts in India have been shut down
Since 15 Years!!

Lawyers used to see some colour of money
When they get some ex-parte urgent stay orders

Now no court is granting you any ex-parte orders,
However strong your case may be!!!
They just frustrate object of urgency,
by issuing notice returnable after three months!

The Subordinate judges all over India are afraid of
Strictures which HC may pass on them 
while setting aside some exparte urgent order,
And may spoil their carreer records with 
uncommunicative adverse notings,
And may attribute motives of corruption to them
if they grant any urgent ex-parte relief to any party!.

 They are now no more keen to decide
our Land Acquisition Cases or Claim Cases or Tort Cases,
Where large amounts may have to be paid
By Government, Companies or institutes to small individuals.

If they pass any orders granting big amounts,
The Government and companies,
may go in appeal, 
And while allowing their appeal,
remarks of dishonesty may be passed by Superior Court,
Against them and without hearing them!
Inquiries are ordered against them!

If the judges of Subordinate Courts come to Supreme Court
To complain against HC Judges,

They are told to go back to High Court
and file petition on Judicial Side of HC,
And to seek justice against Caesar
From Caesar’s Wife!

This they say on principle, 
that SC has no administrative control over HC.

This is incorrect, because under  Art.136,
SC can set aside any Administrative or Judicial side!!

Because such attitude of Supreme Court,
towards individual injustices to smaller judges, 

Since 15 Years, trial Courts
Have stopped passing any orders
Where lawyers can see some green money
And cang go to home with a basket full of mangoes!

Therefore, I am sleeping on this sofa since last 15 Year"
The small lawyer of a small district court explained.

"So what do you do for your living?"
Asked Younger Lama

"I have purchased
a Mango Orchard
In a nearby village and I live from mango-income.
I come in Bar Room,
To Chit Chat with friends for a cup of tea
And then I sleep here”

The lawyer explained.

(7)

Two lama entered in an examination hall
Where Exams were for recruitment
To post of judges.

Test Paper contained only one question.

"What will you do if we appoint you as a Judge?"
 The candidates have to choose
One of the two statements given below:

(a)            I will work hard to reduce arrears of cases
(b)            I will work hard to see that all lawyers in my courts become owners of
                 Latest model of BMW Cars!

The Candidates who chose statement
No. (a) as correct statement,
Were being given appointment orders.

The candidates who chose
Statement No.(b) as correct statement,
Were declared failed in Exam for Judges.


(8)

Two Lama returned to
Mountain of Tibet.
Younger Lama had found
Answers to his question.
He was now at peace with himself.


Haresh Raichura.