April 4, 2012

Do You Remember Judge Who Ordered Mayavati Government to STOP all work at Statue construction sites before 6PM that day itself!

He passed this order at 2.00 PM. And gave only 4 Hours time to Mayavati to Stop all construction work going of building her statues at public money.

His name was Justice B.N. Agrawal. Former Judge of Supreme Court.

When he retired, I felt sad. In his retirement speech he said, "In this Supreme Court, there are Senior Advocates who take of Rs.25 Lakh per day as fees to home.

"And what actually they do, the people came complaining  to us that they had to spend Rs.10,00,000, just for admitting their matter? People under fear of losing their case, may pay anything you ask for. But this is not good for our system.

We should not extort money money from those who come to Supreme Court"

And what was the position before one Well Known Senior Advocate, entered Supreme Court. That time all Senior Advocate was charging Rs.5,500/- per day only. A uniform fee. Your advocate on record could engage any senior advocate.

Then One day, a Senior Advocate asked all senior advocates for a dinner at his house.

From next day, as per rumour, each Senior Advocate started loot of the litigants according their fears and compulsion and capacity to pay!

In the words of common man, The Great Loot of Indian Judiciary Began.

Then all Senior Advocates joined the loot.. They have very beautiful and valid arguments to justify their loot. But a loot is always  a Loot.

And who are these "Senior Advocates"? 
How and from where did their ancestors came?


Once upon a time, there was a Queen in Britain. India was a slave.


Advocates who declared their complete servitude to Queen, were designated as Queen's Counsel. 


They had prior right to be heard in any court of India and the Judges were bound to obey and to give them as much respect as they would have given to Queen.


Britishers left.

Queen's Counsel's are now renamed as Senior Advocates of Supreme Court. The Judges still respect them as if they are "Queen's Counsels" .

And this helps Senior Advocates to charge lakhs and crores from their clients.


Look at the recorded words of famous Senior Advocate M.C. Setalwad. When Gandhiji died, he was in London. In his diary, instead of writing that Mr. Gandhiji died, he only wrote in his diary, "Mr.G died" 


That is the servitude, or loyalty-to-power-that-be, is seen in present day senior advocates.


"On TV, on blog or in any public forum, they will never utter a word, against the Governments(The Queen). They serve interest of Government and Government serves their interest."

The point is,

Justice B.N. Aggrwal  was the only Judge of Supreme Court in whose heart fire of Justice was burning day and night, 24/7. 


This burning fire is seen in other judges also. But I have not seen their souls burning 24/7 day and night.

So on his retirement,

I wrote this poem to salute this Judge.

Here is that poem

On 14.10.20109

On eve of Retirement of 


Hon’ble   Justice B.N. Agrawal



(1)

Two angels were flying in sky
On a moonless dark night

One of them saw a bright spot on Earth
And said, “Look! There seems to be a fire?”

Second angel replied,
“Yes. It is Court No.2
In Supreme Court of India.
Justice B.N. Aggrawal
Is presiding there”

“Is the fire very big?”
asked the first angel

“Yes. It is big enough
to give warmth of Justice
to at least a billion people”
Second angel replied

(2)

At same time
In mountains of Tibet
Two lamas sat outside their hut
And watched scattered stars in the sky

“Tell me something about Justice B.N.Agrawal”
Younger Lama asked

“He gives justice with two swords
One big sword and one small sword
He can use both swords at same time”
Said Elder Lama

“When he uses small sword?
When he uses big sword?”
Younger Lama wanted to know more

“He uses small sword to do justice
to case at hand
And he uses big sword
When he wants to send message
Across the entire judicial fraternity.”
Replied Elder Lama

“From where did he learn
Art of using two swords?”
Asked Younger Lama


“In fifteenth century
he was a Samurai
in a small state of Japan.
There he learned
How to use both swords
At the same time”
Elder Lama said

Younger Lama looked suspicious.
He asked, “How can I verify that
What you are saying is truth?


How do I  know that
He was in fact a Samurai
In fifteenth century?”

Elder Lama replied

“Just go to him
and challenge him
in the name of Honour of Supreme Court.
If he cuts your head
In three and a half seconds,
Presume that he was Samurai”
Replied Elder Lama

“Why will he take three and a half seconds
in cutting of my head?”
Younger Lama asked apprehensively!

  
“For one second, he will hear you
In next second he will reflect
Over what you said,
In third second he will consider
Whether there is no other alternative
But to cut off your head,
And in next half second,
He will cut off your head”
“Elder Lama explained the process

Younger Lama dropped his idea
Of verifying what Elder Lama was saying

“Tell me about his one judgement
which can be considered
 most important judgement
in history of Judiciary?”
Younger Lama asked
A really very serious question

“He once asked
political leaders to become Statues !
And all of them became statues in a Park.
He asked them to Run !
And all statues ran away from the park
Before seven in the evening!
This is his most important judgement
In the history of Judiciary.”
Elder Lama said

Younger Lama asked again,
“Where will he go
after his retirement from his active life?”

Elder Lama pointed out at night sky
And said,
“He has already booked a place
among the stars”


PART   3


“And what do you mean
by saying that
he has already booked his place
among the stars?”
Asked  Younger Lama


Elder Lama replied,
Mission of Mankind
is defined by saint-poet Kabir.

As per his verse,
Among the stars,
is my destination!

Sun will be on my right side
And Moon will be on my left side.

And in between these two,
I will keep playing games of
Hide and Seek”

So what I mean to say is,
Justice B.N. Agrawal has
Already accomplished his mission
In terms of Kabir’s  verse,
By booking his place among the stars”
Elder Lama explained

“And what did Kabir  mean
by saying that
he will keep playing game of
Hide and seek among the stars?”
Younger Lama asked further

“You should better ask
 Kabir  about this”
Elder Lama replied

Haresh Raichura

4/4/2012

P.S.    How rapidly do we forget people who did a great job for us. 
Are we a nation of Thankless People?


The way senior advocates in Supreme Court have sky-rocketed their fees by throwing away practice of uniform counsel fees, is something which disturbs me. But I also respect their values and their right to charge what they think  fit. They have done many good things with money they have collected from greedy and guilty.