Truth is always stranger than what you read in newspapers or see on TV Channels.
Sad.Yesterday a litigant threw a shoe at a sitting judge of a High Court. News on media said that this man's bail application was rejected, and therefore he threw shoe at Judge. He was arrested. The moment he was arrested, he became a news item and news flashed across world through internet.
At 4.P.M, in same High Court, another litigant threw another shoe at another sitting judge. But this man was not arrested. His shoe was returned back to him. Therefore, this did not became a news item.
No one reported on internet also. I just received a mention on tweet that something like this happened.He said that staff of court and some other people were confirming this, but no one was coming on record. This news does not look authentic. Be whatever it may be.
The Chief Justice of India,(Not present CJI, but some ex CJI many years ago), also got a slipper thrown at him in the middle of arguments in a case!
"Keep Silence. Do not discuss such things in public. It will reduced image of Judiciary". This is what we are taught since our birth in profession of law.
I called up a close lawyer friend and asked him whether I should write a blog on this issue in such a way that it may not lower dignity of Judges and it may not hurt feelings of anyone. He replied that he was waiting to read my blog.
Hence this blog.
A pressure cooker is whistling again and again but no one is switching of the gas. The Pressure cooker is likely to blow off.
Reason 1: People are angry with judiciary as a whole. Therefore such instances.
News papers may project as if the shoe-thrower was mentally ill or was a very obsessive litigant. Do not believe this news item without first hearing, the person who threw the shoe.
Reason 2 : Take 100 reported judgements of Few High Courts as well as of Supreme Court and send them to Neuro Linguistic laboratory. Ask Laboratory to find out percentage of Arrogance and percentage of Humility in these judgements.
I am not sure where such laboratories are in India or elsewhere. But such a report will be a good indicator to know if there are any attitude-reasons behind such shoe-throwing incidents.
Reason 3 : Lawyers all over country are unable to answer some questions of litigants.
Every litigant wants to know within how much time their case will be decided.We are unable to give them any estimate.
Reason 4 : Inconsistent ruling of judges.
A person who is represented by an expensive lawyer, may get bail pending trial on the ground that his client is in jail since more than one year. The same judge may refuse bail to a client represented by an inexpensive lawyer, even if his client may be jail in for more then six years, pending trial.
It is very hard for we lawyers to convince litigants about consistency of a judge.
In a pending trial, all allegations are always unproved. And yet variance in orders on basis of unproved allegations and unproved statements! How and under which law it can be justified?
I am not prepared to go further in this issue. This is a very sensitive issue.
But just like you, I am also wondering why people are showing disrespect to us. (The Judges and lawyers. we both are parts of one family. Today, someone has thrown a shoe to a judge. Tomorrow he may throw a shoe to a lawyers)
I think we need to switch off gas so that the Cooker which is whistling again and again does not blow off.
Haresh Raichura
11/4/2012
3.55 AM.
(I mention time here becauase at night our thoughts are racing fast. Our rationality is at its lowest. In daytime, when I may be more aware about consequences of writing such a blog, I may not have dared to touch this issue at all)
Sad.Yesterday a litigant threw a shoe at a sitting judge of a High Court. News on media said that this man's bail application was rejected, and therefore he threw shoe at Judge. He was arrested. The moment he was arrested, he became a news item and news flashed across world through internet.
At 4.P.M, in same High Court, another litigant threw another shoe at another sitting judge. But this man was not arrested. His shoe was returned back to him. Therefore, this did not became a news item.
No one reported on internet also. I just received a mention on tweet that something like this happened.He said that staff of court and some other people were confirming this, but no one was coming on record. This news does not look authentic. Be whatever it may be.
The Chief Justice of India,(Not present CJI, but some ex CJI many years ago), also got a slipper thrown at him in the middle of arguments in a case!
"Keep Silence. Do not discuss such things in public. It will reduced image of Judiciary". This is what we are taught since our birth in profession of law.
I called up a close lawyer friend and asked him whether I should write a blog on this issue in such a way that it may not lower dignity of Judges and it may not hurt feelings of anyone. He replied that he was waiting to read my blog.
Hence this blog.
A pressure cooker is whistling again and again but no one is switching of the gas. The Pressure cooker is likely to blow off.
Reason 1: People are angry with judiciary as a whole. Therefore such instances.
News papers may project as if the shoe-thrower was mentally ill or was a very obsessive litigant. Do not believe this news item without first hearing, the person who threw the shoe.
Reason 2 : Take 100 reported judgements of Few High Courts as well as of Supreme Court and send them to Neuro Linguistic laboratory. Ask Laboratory to find out percentage of Arrogance and percentage of Humility in these judgements.
I am not sure where such laboratories are in India or elsewhere. But such a report will be a good indicator to know if there are any attitude-reasons behind such shoe-throwing incidents.
Reason 3 : Lawyers all over country are unable to answer some questions of litigants.
Every litigant wants to know within how much time their case will be decided.We are unable to give them any estimate.
Reason 4 : Inconsistent ruling of judges.
A person who is represented by an expensive lawyer, may get bail pending trial on the ground that his client is in jail since more than one year. The same judge may refuse bail to a client represented by an inexpensive lawyer, even if his client may be jail in for more then six years, pending trial.
It is very hard for we lawyers to convince litigants about consistency of a judge.
In a pending trial, all allegations are always unproved. And yet variance in orders on basis of unproved allegations and unproved statements! How and under which law it can be justified?
I am not prepared to go further in this issue. This is a very sensitive issue.
But just like you, I am also wondering why people are showing disrespect to us. (The Judges and lawyers. we both are parts of one family. Today, someone has thrown a shoe to a judge. Tomorrow he may throw a shoe to a lawyers)
I think we need to switch off gas so that the Cooker which is whistling again and again does not blow off.
Haresh Raichura
11/4/2012
3.55 AM.
(I mention time here becauase at night our thoughts are racing fast. Our rationality is at its lowest. In daytime, when I may be more aware about consequences of writing such a blog, I may not have dared to touch this issue at all)
