Two Lama on Eve of Retirement of Justice A. K. Patnaik, Judge Supreme Court of India
On 2nd June,2014
In the Mountains of Tibet
Snow was falling from the sky
Two Lama sat in their hut
Fire kept them warm
"What do you know about Justice A.K.Patnaik"
Asked Younger Lama
"Very little." Replied Elder Lama
"Please tell me whatever you know."
Asked Younger Lama
"He established that the Constitution is
Above all the law makers of India.
Law makers once passed a law
making it impossible to remove them
even if they were convicted of crime.
He struck down this law."
Elder Lama replied
"What else you know about him?"
Asked Younger Lama
"Very few judges can prevent themselves
from interfering with themselves.
He was among the few judges
who do not allow themselves
to be influenced by themselves."
Elder Lama replied
This was complicated for Younger Lama
So he asked,
"Please explain."
"When a judge reads a case,
he forms a tentative opinion.
When he is forming this opinion,
His inner mind registers in subconscious mind
some feelings and some emotions.
These feelings and emotions
become associated with the case.
So whenever he sits to decide the case,
though he distances himself from his tentative opinion
And decides the case objectively
he cannot disassociate from his previously formed emotions.
Very few judges can distance themselves
from their previous emotions attached with the case.
This judge could distance himself
from his previous emotions and feeling of the case.
In other words,
He did not allow himself
to interfere with himself
when he was deciding a case"
Elder Lama explained.
Haresh Raichura
Advocate on Record
19/05/2014
