April 10, 2013
Good Lawyer (Defined by Emerson in 1860
The good lawyer is not the man who has an eye to every side and angle of contingency, and qualifies all his qualifications, but who throws himself on your part so heartily, that he can get you out of a scrape.
April 2, 2013
Two Lama on "Why Supreme Court is called Keeper of the Conscience of Nation?"
Two Lama on "Why Supreme Court is called Keeper of the Conscience of Nation?"
In the mountains of Tibet
Night was dark
And the Stars were blinking silently
Down below on a mountain
Elder Lama taught Younger Lama
On concept of Complex Questions
"A Question which has more than
A hundred correct answers can be called a Complex Question"
Explained Elder Lama
Then he asked Younger Lama
To ask any three Complex Questions
Younger Lama asked his first
Complex question
"In Schools, a bell rings at 4:00 O'Clock,
And all students and teachers
Leave schools and run to homes.
Why no bell rings in Supreme Court at 4:00 O'Clock?"
"Because Judges are not teachers
And lawyers are not students
And therefore in Supreme Court
Bell do not ring at 4:00 O'Clock"
Replied Elder Lama
(2)
Younger Lama asked his second
Complex Question
"Why Supreme Court of India
Is considered Strongest Supreme Court
In the world?"
"Because no Supreme Court in world
Knows how to direct Executives
To allocate more Budget funds to Judiciary,
To increase salaries of Judges
And appoint number of Judges
Proportionately to number of case.
Indian Supreme Court has been
Doing this silently since years.
And therefore it is called
Strongest Supreme Court of world"
Replied Elder Lama
(3)
Younger Lama asked his third
Complex question
"Why Supreme Court of India
Is called "Keeper of Conscience of Nation?"
"Because they have a mysterious compass, which keeps telling them
What is good for the 1.21 billion Indians
This mysterious compass is
Hidden somewhere in premises of
Supreme Court of India
And therefore it is called
"Keeper of the Conscience of Nation"
Replied Elder Lama
Night moved on slowly
Giving place to a New Morning
Haresh Raichura
An advocate
In the mountains of Tibet
Night was dark
And the Stars were blinking silently
Down below on a mountain
Elder Lama taught Younger Lama
On concept of Complex Questions
"A Question which has more than
A hundred correct answers can be called a Complex Question"
Explained Elder Lama
Then he asked Younger Lama
To ask any three Complex Questions
Younger Lama asked his first
Complex question
"In Schools, a bell rings at 4:00 O'Clock,
And all students and teachers
Leave schools and run to homes.
Why no bell rings in Supreme Court at 4:00 O'Clock?"
"Because Judges are not teachers
And lawyers are not students
And therefore in Supreme Court
Bell do not ring at 4:00 O'Clock"
Replied Elder Lama
(2)
Younger Lama asked his second
Complex Question
"Why Supreme Court of India
Is considered Strongest Supreme Court
In the world?"
"Because no Supreme Court in world
Knows how to direct Executives
To allocate more Budget funds to Judiciary,
To increase salaries of Judges
And appoint number of Judges
Proportionately to number of case.
Indian Supreme Court has been
Doing this silently since years.
And therefore it is called
Strongest Supreme Court of world"
Replied Elder Lama
(3)
Younger Lama asked his third
Complex question
"Why Supreme Court of India
Is called "Keeper of Conscience of Nation?"
"Because they have a mysterious compass, which keeps telling them
What is good for the 1.21 billion Indians
This mysterious compass is
Hidden somewhere in premises of
Supreme Court of India
And therefore it is called
"Keeper of the Conscience of Nation"
Replied Elder Lama
Night moved on slowly
Giving place to a New Morning
Haresh Raichura
An advocate
April 1, 2013
Is it possible to bring surprise witness in Court as per movie Jolly LL.B?
It once happened years ago in Gujarat High Court when I was practising there.
I had filed a PIL to free some bonded labourers. After High Court issues notice to Govt and Police, the main witness, a bonded labourer disappeared before next date of case.
The police and Govt explained to court that there is no evidence in my PIL.
I pointed out that there are two more bonded labourers who are witnesses and I have kept them hidden in next court room!
The court allowed me to produce them. I succeeded. About 300 bonded labourers were freed.
In another PIL, after High Court issued notice, the corporate house let loose its wolves on petitioner. He called up me to withdraw petition. I asked him to send me written instructions.
The company's lawyer, through some middleman, called me, offered bribe to withdraw PIL.
Bribe was not issue. But there was danger to life of petitioner. I placed the letter of client on record and matter was disposed off. The Judge understood my silence.
Since then I avoid filing PIL. It is not good for an ordinary man to file a PIL. There are so many wheels under wheel.
The normal rule of Evidence is clear that before producing a surprise witness, notice to other side has to be given and permission of court by a written order is necessary.
But in PIL, the courts are not bound by technicalities. In fact it can constitute a SIT type fact finding committee and can ask it to give report.
In a PIL, matters, Courts can certainly do what Judge in Jolly Ll. B. did.
However, the proceedings do not go as projected in movie. There are some procedures which has to be followed by Judge.
By and large. The movie has done a great job in telling people, about how helpless a judge and a good lawyer is, when evidence start disappearing:(
The life of PIL lawyer is always in danger. I know a very good PIL lawyer who died mysteriously.
So far as I am concerned, I have learned lessons and I avoid going into waters were sharks are swimming.
Haresh Raichura
1/4/2013
I had filed a PIL to free some bonded labourers. After High Court issues notice to Govt and Police, the main witness, a bonded labourer disappeared before next date of case.
The police and Govt explained to court that there is no evidence in my PIL.
I pointed out that there are two more bonded labourers who are witnesses and I have kept them hidden in next court room!
The court allowed me to produce them. I succeeded. About 300 bonded labourers were freed.
In another PIL, after High Court issued notice, the corporate house let loose its wolves on petitioner. He called up me to withdraw petition. I asked him to send me written instructions.
The company's lawyer, through some middleman, called me, offered bribe to withdraw PIL.
Bribe was not issue. But there was danger to life of petitioner. I placed the letter of client on record and matter was disposed off. The Judge understood my silence.
Since then I avoid filing PIL. It is not good for an ordinary man to file a PIL. There are so many wheels under wheel.
The normal rule of Evidence is clear that before producing a surprise witness, notice to other side has to be given and permission of court by a written order is necessary.
But in PIL, the courts are not bound by technicalities. In fact it can constitute a SIT type fact finding committee and can ask it to give report.
In a PIL, matters, Courts can certainly do what Judge in Jolly Ll. B. did.
However, the proceedings do not go as projected in movie. There are some procedures which has to be followed by Judge.
By and large. The movie has done a great job in telling people, about how helpless a judge and a good lawyer is, when evidence start disappearing:(
The life of PIL lawyer is always in danger. I know a very good PIL lawyer who died mysteriously.
So far as I am concerned, I have learned lessons and I avoid going into waters were sharks are swimming.
Haresh Raichura
1/4/2013
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