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.
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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