THE JUDGE AND THE SPARROW

THE JUDGE AND THE SPARROW

‘Are We Left With No Standards?’
Judge asked counsel
Hearing a matter of national importance.

The counsel looked at one another
Then looked at clients
Then looked at the ground
To search for an answer.

In the evening when sky grew darker
TV and Media flashed the question
Across the sky and puzzled the nation.

In the morning when Sun rose again
Millions opened newspapers
And searched their souls
To look for an answer.

They asked to themselves:
‘What are our standards?’
‘Which are they?’
Days and months passed
Judge looked sad
His question no one answered!

Perhaps he asked too big a question
The judge mused.

Just then a little sparrow
Came from a window
And answered his question!

‘Sir, we do have standards.
Our Judges and Lawyers
Are of very high standard
Unparallel in the world!’

‘They are our Standards.’
‘They are our last hopes
To live in a nation
Which has misplaced its standards.’
Said the little sparrow.
*******
Part – II
******
Judge asked Sparrow,
“Why Standards of
Judges and Lawyers?
Why should we not  follow noble Standards of
The Priests and the Kings?

The Sparrow replied,
“The Priests and the Kings
Will destroy mankind
With evil use of their powers
Such is their nature.*

The God’s law is
To defend and protect the meek*
Against the Strong and the Unjust
And it is in the lot of
The Judges and the Lawyers.
To uphold this God’s law

Therefore, let mankind follow
The Higher Standards
As may be laid down
By the Judges and the Lawyers. 

Haresh Raichura
Advocate (c) 30/11/17
* These lines are inspired from “The Inner Fire” by Hon’ble Mr. Justice Rohinton F. Nariman, Page No. 114 (46.11), 134.

From Book by Rohinton F. Nariman : "That, in turn, made me take up the Bhagavad Gita, in which I found a direct philosophy dealing with duty, action, and detachment, including renunciation of the fruits of action.

From Book by Rohinton F. Nariman : "That, in turn, made me take up the Bhagavad Gita, in which I found a direct philosophy dealing with duty, action, and detachment, including renunciation of the fruits of action.

As a result, I devoured the book quite easily, and was able to appreciate it.

After reading the Gita, I began reading the New Testament in right earnest, and found beautiful passages in all the four gospels.

That then took me on to the Quran, which again, as a prescribed way of life, specific and clear in its instructions, made immediate sense to me.

Anguished by the fact that my own Zoroastrian religion made no sense to me at all, I met up with Professor Kaikhusrov Irani in New York (when I was about 25 years old), and it was he who sent me to Columbia University’s reading room, in which I began reading works by A.V. Williams Jackson on the Zoroastrian religion, as well as works by R.C. Zaehner.

After reading these books, the Zoroastrian religion slowly started gaining clarity in my mind.

When I realized that the Gathas – the most sacred text of the Zoroastrian faith – themselves were only in a language that was a sister of Rigvedic Sanskrit, I began reading the Gathas and attempted to discover their real meaning with equivalent Sanskrit words..."

"The Inner Fire: Faith, Choice, and Modern-day Living in Zoroastrianism" by Rohinton F. Nariman. Start reading it for free: http://a.co/3YcLemx

In a Divorce Case, can parties apply for mediation at any stage?

I am not sure about provision. But a week ago, a husband in a divorce ongoing case sought advice on phone. I suggested him to make an application to Judge that now at this stage he wishes to solve dispute amicably through mediation.

He did make application. The Judge halted on going evidence and adjourned the case. The parties are now in process of settling their dispute amicably.

I think a clarification is necessary by superior courts to make mediation possible at any stage in a family dispute case.

Law about Delays in Filing Appeals in HC & SC due to mental depression

Law about Delays in Filing Appeals in HC & SC due to mental depression and other conditions..Many times more than 2 years delays... ..

The courts are generally inclined to do justice to parties instead of throwing their appeals on technical grounds...

But many times, after losing a case, a client goes into depression. He loses faith in justice. He recovers from such depression after 2 or 3 years delay... And then he comes to file appeal. Here we have problems. Usually there are no evidence of depression because litigant may not have taken treatment... Then how do we convince courts that litigant was prevented from approaching court due to sufficient cause of mental depression?

Recently SC issued notice in case of physically handicapped person even if he had approached after 4 years delay....

Lord Denning in one article said that Delay should be counted only when a person has capacity to file appeal.

In cases of Depression, a litigant is incapable of taking decision to file appeal.

But question still remains, what evedences should be produced to prove temporary mental illness?