When Justice Markendey Katju was retiring as judge of Supreme Court of India, I composed following images in form of a six part poem.
An Imaginary Piece
Inspired by
Hon’ble Mr. Justice Markandey Katju
Judge Supreme Court of India
(Six Parts)
(1)
A Vibrant Judge
In the Mountains of Tibet
Younger Lama asked Elder Lama
“What is the definition of
A Vibrant Judiciary?”
“A ‘Judiciary’ which emits
Strong and resonate sounds
Is called a Vibrant Judiciary.”
Replied Elder Lama
“Which Judge of Supreme Court is the most vibrant
judge?
Which Judge is the most liked
By the young generation?”
Younger Lama asked further two questions
“First question is difficult to answer.
Because each judge emits strong vibrations
According to merits of case.”
“But second question can be easily answered.
Justice Katju is the most liked Judge
Among the users of Facebook on Internet.
Number of his fans on Facebook
Is the highest in India
Elder Lama gave a verifiable answer.
(2)
His Comments
An imaginary Day
In an Imaginary Parliament
The
members were discussing
A controversial clause in
Judges Accountability Bill which proposed
to make judges accountable
for making unwarranted
comments in courts
A Member stood up and asked the Minister,
“Are we not encroaching
Upon Freedom of Expression of Judges?”
“No.” Minister replied,
“We are placing only Reasonable Restrictions
Which are permissible in law.
A judge does not become accountable per se
When he makes an unwarranted comment.
But he becomes liable only when his comment
Hurts or places
into difficulty
Some senior leaders of the country.”
The Member then asked again,
“A Judge has made following two comments in Court:
1)
Husbands are well advised to obey their wives
2) The Corrupt
should be hanged on a lamp post.
Will he be accountable for such unwarranted comments?
Can a he be made liable for his comments
Even after his retirement?”
The Member wanted to know.
“For first
statement, any husband can file complaint
Against the Judge.
For second statement, any corrupt officer
Can file complaint against the Judge under the New
Act.
The complaints can also be filed even after
The judge has retired.
“But we will put adequate safeguards in the Act
To protect judges against
‘Hired Complainants who may be acting at behest of
others’
And also to provide for dropping of proceedings
If judge resigns or retires.”
The Minister assured the Member
(3)
Hearings
before the Judge
“There are many lawyers who say
That the Judge did not allow them to speak.
Is it true?”
Younger Lama asked Elder Lama
“The Judge also used to say that
The lawyers
were not allowing him to speak”
Elder Lama pointed out the other view
After a pause, Elder Lama added,
“The Judge and the lawyers
Always disagreed on Rules of the Game.
But they still kept playing on harmoniously.
The Judge wanted to lay down following rules of the
game:
“First, Learn to Think like a Lawyer.
Second, Learn how to address the Court,
Third, Argue only matters which are fit
For arguing in Supreme Court.”
The lawyers could never agree with these rules!
For the reasons
they cannot say in court!
And for the reasons which a Judge can never understand!
(4)
His Humour
Levity At
Work Place
“What is the new concept of ‘Levity at Workplace’?
Younger Lama asked
“The word Levity is opposite of word Gravity.
It means Lightness.
The concept means that
You should not
be serious-faced at workplace.
One should have fun
while working at his workplace.
And
now and then,
There should be smiles and laughter in the courtrooms.
For example,
In Court of Justice Katju,
One cannot sit without
smiling
for more than five minutes.
This is called concept of Levity at Workplace”
Elder Lama explained
(5)
His
Fearlessness
The
Taboo-Breaker
“In all societies, it is taboo
To talk about certain things.
What discussions are considered taboo
In community of Lawyers and Judges?”
Asked Younger Lama
“To discuss about
Incomes Of
relatives of Lawyers and Judges
Is considered taboo in the community
Of lawyers and Judges.
The moment you discuss it,
You run the risk of being beaten up.”
Elder Lama replied.
After a pause he added.
“Once Justice Katju broke this taboo
And he discussed about incomes of relatives
Of judges of some High Court.
He went further to record the state of affairs
In his judgement.
He thus broke a Taboo”
(6)
His Memories
Fifteen Years
After
The Judge
had retired
In Supreme Court Bar Room,
Lawyers were discussing
What happened the other day in a court.
One 80 year old advocate interrupted,
“Oh! This is nothing,
You don’t know what Justice Katju used to do.
I had appeared before him.
He used to………”
And so on, the stories of Justice Katju
Lived on for many years.
-Haresh
Raichura
Advocate on Record
Supreme Court
Dt.17/9/2011
Uploaded on blog
28/4/2012
