What is this?
Am I some kind of a frustrated and rebel lawyer who keeps venting abuses against judges after losing a case?
The answer is no. I am a very calm and courteous advocate. I am usually detached with result of my cases. And I do not indulge in defamatory gossips about judges.
Since last one month, I am taking some kind of psychiatric medicine under guidance of a psychiatrist to overcome my low self esteem. It has opened of a can of worms in my head, the worms which were lying there since years. These articles are only worms coming out from my head.
All my articles are under influence of DENLAFAX, which should not be taken except under medical supervision.
ABOUT THIS ARTICLE
PRESUMPTIONS ABOUT ARROGANCE OF SOME HC & SC JUDGES
1) At present they are not under control of anyone. Whatever may they do, they cannot be removed except by Parliament.
2) All of them have discretionary powers. Whether they pass right order or wrong order under this power, the order cannot be changed by superior courts.
3) Even, Chief Justice of India has no power under any laws to censure any such SC and HC Judge.
4) Therefore it is possible that some judges may develop borderline rudeness based on their own Moral-High-Ground, or "Holier than Thou" attitude.
SO THE QUESTION IS,
"What a lawyer can do if he feels that the judge is addressing him rudely and is insulting a lawyer in presence of his clients, when he is arguing case of his client before such a Judge? i
ONE NON -EFFECTIVE ANSWER:
Lawyer may complain to President of Bar Association, who may convey it to Chief Justice, and Chief Justice may convey it concerned Judge.
But this may not work. Sometime it may be counter productive and judge may become vindictive to lawyer.
SOME SUGGESTIONS:
OPTION 1)Take it lightly and forget. Presume that we are still under British Colonial Rule and we are still slaves and to maintain dignity of Judiciary, we should swallow all the insults that this judge may give to us or to our client.
OPTION 2) Judges are very sensitive to the way you address them.
The Convention is that they should be addressed as "My Lords" or "Your Honour"
It is also convention that after they rudely dismiss your case, without answering even valid points, you should still say, "I am obliged, My Lords".
But there are no rules that this is the way one should address.
A lawyer filed petition in SC, that this colonial system of addressing judges as "My Lords" should go.
The then presiding Chief Justice Y.K. Sabhrawal said, "We do not insist you to address us as "My Lords"
Go to Bar Council. This is a problem of Bar"
Lawyer went to Bar Council of India and Bar Council passed resolution that "Henceforth, the judges should not be addressed as my Lords"
But lawyers continued their old habit of addressing judges as my Lords.
So one Delhi High Court Judge, put it on notice board, "Lawyers appearing in this court should not address me as My Lord and should address me only as "Sir."
Even then barring few Senior Advocates, all other Senior Advocates and other advocates continue to address judges as"My Lords" due to old colonial habit.
CONCLUSION
1) So if you feel that any particular judge is behaving rudely with you, start addressing him as "Sir"
instead of "My Lords"
2) First, you should implement this suggestion. If it works well and if its safe, then and then only, I will start following you.
Till then, I will continue to follow old colonial habit of saying "My Lords"
After all, this is a question of "Which mouse should go to put bell around neck of a Cat"?
I am certainly not a fit mouse for this job.
Please leave your comment, if you would like to add or censure my views.
Thanks.
Haresh Raichura
14 March 2012
Am I some kind of a frustrated and rebel lawyer who keeps venting abuses against judges after losing a case?
The answer is no. I am a very calm and courteous advocate. I am usually detached with result of my cases. And I do not indulge in defamatory gossips about judges.
Since last one month, I am taking some kind of psychiatric medicine under guidance of a psychiatrist to overcome my low self esteem. It has opened of a can of worms in my head, the worms which were lying there since years. These articles are only worms coming out from my head.
All my articles are under influence of DENLAFAX, which should not be taken except under medical supervision.
ABOUT THIS ARTICLE
PRESUMPTIONS ABOUT ARROGANCE OF SOME HC & SC JUDGES
1) At present they are not under control of anyone. Whatever may they do, they cannot be removed except by Parliament.
2) All of them have discretionary powers. Whether they pass right order or wrong order under this power, the order cannot be changed by superior courts.
3) Even, Chief Justice of India has no power under any laws to censure any such SC and HC Judge.
4) Therefore it is possible that some judges may develop borderline rudeness based on their own Moral-High-Ground, or "Holier than Thou" attitude.
SO THE QUESTION IS,
"What a lawyer can do if he feels that the judge is addressing him rudely and is insulting a lawyer in presence of his clients, when he is arguing case of his client before such a Judge? i
ONE NON -EFFECTIVE ANSWER:
Lawyer may complain to President of Bar Association, who may convey it to Chief Justice, and Chief Justice may convey it concerned Judge.
But this may not work. Sometime it may be counter productive and judge may become vindictive to lawyer.
SOME SUGGESTIONS:
OPTION 1)Take it lightly and forget. Presume that we are still under British Colonial Rule and we are still slaves and to maintain dignity of Judiciary, we should swallow all the insults that this judge may give to us or to our client.
OPTION 2) Judges are very sensitive to the way you address them.
The Convention is that they should be addressed as "My Lords" or "Your Honour"
It is also convention that after they rudely dismiss your case, without answering even valid points, you should still say, "I am obliged, My Lords".
But there are no rules that this is the way one should address.
A lawyer filed petition in SC, that this colonial system of addressing judges as "My Lords" should go.
The then presiding Chief Justice Y.K. Sabhrawal said, "We do not insist you to address us as "My Lords"
Go to Bar Council. This is a problem of Bar"
Lawyer went to Bar Council of India and Bar Council passed resolution that "Henceforth, the judges should not be addressed as my Lords"
But lawyers continued their old habit of addressing judges as my Lords.
So one Delhi High Court Judge, put it on notice board, "Lawyers appearing in this court should not address me as My Lord and should address me only as "Sir."
Even then barring few Senior Advocates, all other Senior Advocates and other advocates continue to address judges as"My Lords" due to old colonial habit.
CONCLUSION
1) So if you feel that any particular judge is behaving rudely with you, start addressing him as "Sir"
instead of "My Lords"
2) First, you should implement this suggestion. If it works well and if its safe, then and then only, I will start following you.
Till then, I will continue to follow old colonial habit of saying "My Lords"
After all, this is a question of "Which mouse should go to put bell around neck of a Cat"?
I am certainly not a fit mouse for this job.
Please leave your comment, if you would like to add or censure my views.
Thanks.
Haresh Raichura
14 March 2012