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Showing posts from August, 2006

STRIKES

Tarts and lawyers are the two oldest professions in the world. And both aim to please. But to please whom- Opinions may differ and notwithstanding legal semantics. We lawyers, like tarts, must please our clients, customers. By boycotting the courts we fail in our primary objective - getting relief for them. Besides one must consider the morality of members of a noble (if it is still noble) and one might say essential (certainly true of tarts, but debatable for lawyers) professions going on strike. It undoubtedly interferes and obstructs the course of justice. Well in the legal world when someone does that, he commits a contempt of the Court.

If history serves me right, strikes were unheard of in the pre-independence era. Apart from the calls given during the freedom struggle to boycott all institutions, including the courts, it was never resorted to. In independent India the first one was when Justice AN Ray superseded his three colleagues, after Keshvanand Bharti case, to become the C…

FOR THE LOVE OF THEMIS

This article describes the conditions of the law courts in the country. Themis is the Greek goddess of justice. She is blindfolded and has a pair of scales in one hand and a sword in the other.


What films are to Bombay, law is to Allahabad. Despite the University’s reputation for churning out civil servants, law is Allahabad’s best industry. It has produced some of the best legal minds in the country. Allahabad has a High Court, Board of Revenue, a District Court, Labour Courts, a Sales Tax Tribunal, and Income Tax Tribunal, and a Services Tribunal. You think of a court and Allahabad has got it. I still wonder how come the Supreme Court was established in Delhi.1

Every alternate house in Allahabad is a house of a lawyer or a judge. The ‘legal’ ethos is omnipresent. But alas- it is conservative. Despite giving Amitabh Bachchan to the nation, one never sees a boy and a girl walking hand in hand. What a pity - Love affairs are still regarded as scandalous. And as far fashion? Allahabad is …

COMMENTS

This section contains articles on different incidents and topics of immediate interest- some controversial, some debatable.

Note:
The articles For The Love Of Themis and Strike are satirical and are in a lighter vein and address related problems. Justice OP Jain after the 1st edition sent a letter saying, 'Two main problems facing the judiciary are overcrowding and strikes as you have rightly pointed out in chapter VI of your book. I hope some day you will find time to give suggestion to cope with both these problems'. Frankly I must confess, there are no short – term solutions. Control of population, increase in the strength of judges, greater emphasis in the written submission in contrast to the oral advocacy, better code management (applications of computers and management techniques), more unfortunately among the judges and most importantly cultivating a work culture seem to be the only long term solutions.