July 4, 2014

Two Lama On Eve of Retirement of Justice C. K. Prasad, Judge, Supreme Court of India (13/07/14)

Two Lama On Eve of Retirement of Justice C. K. Prasad, Judge, Supreme Court of India (13/07/14)








In the Mountains of Tibet

Younger Lama asked Elder Lama
"What can you say about contributions of Justice C K Prasad?"

"He underlined the principle that while writing judgements,
Supreme Court should also keep in mind
The audience which is going to read these judgements."
Replied Elder Lama

"On what basis you say so?"
Asked Younger Lama

"In Kasab's Judgement,
He wrote last para in judgement,
Specially for people in Pakistan
who may read this Judgement."
Replied Elder Lama


(2)

"What else did he underlined?"
Asked Younger Lama

"He underlined need to make Editors
Responsible for what is being printed or broadcasted

He quoted an antecedent about an Editor of The Scotsman,
A Scottish newspaper.

Editor was asked, 'How do you feel running a newspaper?'
The editor replied, 'Run a Newspaper! I run the whole country.'
2013(3)SCC 697 para 14

Citing this antecedent,
The Judge pointed out that there is need to make
Editors responsible"
Elder Lama replied

(3)

"How was he about granting adjournments to advocates?"
Asked Younger Lama

Elder Lama replied,
"All over world
Lawyers seek adjournments
mainly on three grounds

1) I do not want to lose this case. Hence adjournment.

2) I am not well prepared today. Hence adjournment.

3) Client has not paid agreed fees as yet. Hence adjournment.

The Judge will refuse adjournment on 1st ground.

On 2nd ground, the judge will first probe how much
This lawyer has actually prepared,
And then he may give him time to get prepared."
Elder Lama replied.

"And what about 3rd ground?"
Asked Younger Lama curiously

"To 3rd ground, judge will not reply,
He will just look the other way"
Replied Elder Lama

"What do you mean by phrase 'He will just look the other way'?
Asked Younger Lama probingly

Elder Lama did not reply.
He just looked the other way.

4)

"Do you seriously believe
That Law should reach to Editors?"
Asked Younger Lama

"There are 7 Press Laws under which
Editors are liable in law
But all these are dead letters of law
For some reasons or others.
And therfore,
Someone need to examine this issue.

Particularly about what is being published
In vernacular language newspapers."

Elder Lama replied.

Then a pregnant silence followed
Elder Lama wanted to say many things,
But he chose to say nothing further.



Haresh Raichura
04/07/2014