Effect of Raja Harishchandra on Supreme Court of India and on #Gandhiji
First, about effect on Gandhiji. According to psychologists bricks are building up in brain in early childhood.Images on mind in this age control mind throughout his life.
In Early Childhood, Gandhiji was impressed by a drama of Raja Harishchandra. Essence of drama is If you stick to Truth, lot of suffering starts heaping up on you. If you still stick to truth whatsoever may happen to you, then a miracle happens. Kingdom of divine happiness is restored.
This role model of Raja Harishchandra affected Mahatma Gandhiji throughout his life.
Second, now about Effact of Raja Harishchandra on Supreme Courtof India.
In 1995 around, a pro-government judge was elevated to Supreme Court. He gave drastic judgements in Compulsory Land Acquisition laws, in favour of Government and against poor land owners and farmers.
There was a provision that against low amount suggested by Collector, within few weeks application must be made to Court to increase the amount of compensation for forcibly taken land by law.
The Supreme Court Judge strictly interpreted this provision and said that If time limit of these few weeks was missed,you are bound to accept what little amount government offered. I You lose your right ask higher compensation through court.
Many times, this award or suggestion were kept hidden and farmers learn them only after several weeks, after time limit.
Thereafter, after learning about this award, if any farmer went to court to increase amount, his case was dismissed in view of law laid down by Hon'ble Supreme Court.
After retirement of Hon'ble Judge, rumours were heard that he made representation to President of India, that since he had saved crores of amount to government, and since he delivered highest number of judgements, he should be re-appointed as ad hoc Supreme Court judge for one year. (I have no authentic information on this. Just overheard in Bar Library)
The President of India did not give him extension.
In the meantime, judicial fraternity, judges as well as Lawyers all over country were unhappy with the strict law laid down by the retired judge.
Then one day, my similar case was listed before a bench presided by Hon'ble Justice B P Singh. My client, a poor farmer was denied opportunity to approach court for higher compensation on the ground that it was time barred by few weeks.
I cited an old Supreme Court Judgement titled RAJA HARISHCHANDRA and argued that time limit should start running from the date of knowledge and not from the date of Award.
Hon'ble Justice B.P.Singh accepted my argument and accepted earlier Supreme Court judgement titled Raja Harishchandra And he delivered a new judgement on lines of Raja Harishchandra Case.
Lakhs of farmers started getting benefit of this new judgement. The Law became just and fair.
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This is how I see Effact of Raja Harishchandra on Supreme Court of India.
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For those who have never seen Supreme Court of India building, let me say, just opposite Court of Chief Justice of India, a black marble statue of Mahatma Gandhi sits. The statue keeps meditating 24/7. Now and then some sparrows come and sit on shoulders of Mahatma Gandhiji. But it is ok. Statue is washed regularly and is kept clean.
This statue of Mahatma Gandhi makes us sober whenever we look at him.
Haresh Raichura
18/10/13
-Haresh Raichura
