Wednesday 15 April 2015

Haajir Ho - 1.




In the Mid August the Air condition system of the High Court of Gujarat failed hence, we were living a nightmare with perspired Lawyer's UNIFORM i.e. Black suit, Robe and Collar band! No, ventilation point for our body to get in or get out our body heat!!! No, we the lawyers are not the only VICTIMS of this Natural Surroundings! Honorable Judges were living the worst nightmare. Though, the registry did arrange pedestal fans for the court rooms but, they are just mute spectator of our agony. Sometimes the total number of these fans outnumbers the total strength of advocates in a particular court room! 

As the temperament running high of the lawyers so as the JUDGES'. It was the Court where Service Matters and allied matters listed for adjudication. A Party-in -Person appeared for his case and started canvassing rather, narrating the troubles in life he is facing as he believes that all the solution for his troubles lie at the doorstep of High Court. The Judge who takes/ hears the matters is thorough Gentleman and Man of knowledge. She became to make the party in person aware, a Law Professor. She slowly and firmly tried to explain the Jurisdiction under Article 226. The Party in Person ain't impress with the lecturing skill of the Judge and he did not allow the Judge cum Professor to speak by raising the voice of his arguments. Everything has its own limit so as the Judge's patient. It is one of that situation where the passion of the litigant won at the cost of the patient of the Judge. Suddenly, he attains the highest pitch of his voice and pose a question to the Judge "If I won’t get justice here from the High Court then where should I go?" the Judge readily answered the question by saying, 'Go to UP (Uttar Pardesh)!' The Judge was emotionally carried away! In fact, the petitioner is hailing from UP which makes those words more cruel. 

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We are back to normalcy. The Air Conditioned Court rooms make our lives more peaceful. we again started surfing the net and try to make ourselves more updated than we are updated few seconds ago. In this exercise of keeping ourselves updated I found out an article "Won't hear you in person because you might turn emotional "- CJI. Being a lawyer I was quite happy as nowadays there is an influx of Part-in-Person with whom we the lawyer rub shoulders. Professionally and economically its not an ideal situation for any lawyer.

Avoiding the above mentioned thoughts, a law student in me somehow managed to desert his slumber and presented me a set of questions, why does CJI believes that only Party in person can turn emotional? does to turn emotional a crime? Can Judge and Lawyer turn emotional while addressing the Court? Is there any law/convention which expressly prohibits the Party in Person to turn emotional while arguing? Does it not amount to violation of principle of Natural Justice? Does it not tantamount to violation of fundamental rights of Party in Person? 

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