Dear Hon’ble Justice C. S. Karnan,
I know it, sir.
Writing to a judge on his views expressed in court about a case coming
up before him is not good manners. But one may say things to a judge on what he
says outside the court on other matters – for example, on music or on the
condition of court buildings.
Sir, last week you came out of your hallowed seat of
the Madras High Court, addressed press persons at its gates and became the
centre of news stories across India. They
made a sad reading, particularly your accusations against your brother judges,
the Chief Justice of the High Court, the Chief Justice of India and some judges
of the Supreme Court. I wish to say a few things, in grief and in goodwill. I
would just touch upon a thing or two from what you spoke. What I say here is relevant, though not
central to what you were announcing that day.
By now everyone knows you are a
member of the Scheduled Castes, as you said to newsmen. A lawyer arguing before your court
or his client in the case would not be concerned about that fact. The reason is simple. The most important thing for any such lawyer
or client in any court is this: he should get a judgement that pleases
him. If a litigant’s case has merits and
he gets a final judgement favouring him the winning party and his lawyer will admire
the judge, but the losing party, or at least his lawyer who should know better,
will also have respect for the judge for a fair judgement. So a good judge – man or woman, of any
religion or caste, of any region in India – is really liked by lawyers who are
active in the courts. That way, a judge
is perhaps better placed than the holder of a political office like a minister
in government. A minister may have
opponents, from his own caste or from any other, from his own party or from the
Opposition, constantly scheming and trying to pull him down. A judge, especially a High Court judge,
cannot be ousted easily and he has only to deal with lawyers who appear before
him – and not battle with opponents trying to trip him or see him out of
office. A judge is less hamstrung in his
work by his religious, regional or caste backgrounds.
So lawyers doing their cases in a
court, especially a High Court, cannot have antipathy towards a good judge,
whatever his background. Since their
work in courts brings them their daily bread they cannot feel otherwise –
except for those not serious with their work or not seen much inside court
rooms. Like, for example, when I buy
apples I would get good ones from a seller, whoever he is, rather than go for
bad ones from a seller who belongs to my caste. Also, why have the founders of
Microsoft and Google, who are Americans, employed Indians – Satya Nadella and
Sundar Pichai – rather than Americans as chief executive officers in the US? Because those businessmen feel that, at this
time, their Indian officers would deliver best.
Lawyers who contest cases in courts think likewise, expecting results
from judges hearing and deciding their cases.
Those who fight predominantly about
race, religion, gender or caste of a judge, pushing merit and good work in the
background, are politicians who look for votes in a bickering about those
issues. But lawyers and clients
concerned with cases in courts would care less about those things as they look
for good judgements. It is essential to
see this difference – and to keep polluting effects of politics away from campuses
of law colleges and law courts.
Yes, sir. Caste exists for real in Hindu society, with
its wide baneful fallout on public life. Solutions have to come from within that
society, not outside. If at all we can solve them little by little, people
should first see examples in the conduct of men and women at the top in many places,
who talk less about caste differences, ignore some irritants here and there and
go about their work gently with a smile – that is an art like writing a
judgement.
Sir, there is yet another side. When one parent seriously faults and fights
with another in front of their children, the children feel left out and
distressed. That is how the lawyer
community should feel today. I think
every parent must take care.
Very warm regards.
R.
Veera Raghavan
* * * *
*
Copyright
© R. Veera Raghavan 2016
The article is very subtly worded. The author is a master at balancing between conflicting stands.
ReplyDeleteMay be the article was written before Justice Karnan expressed regret for his remarks to the CJI as reported in the press. Nevertheless the question is not about his passing judgement in his own case but about the deep rooted feeling of being the oppressed class even today when such oppression has come down drastically if not completely weeded out.
ReplyDeleteNow with the judge's tracing back, nothing bad remains. Yet..................!!!!!!????
ReplyDeleteYou need to be congratulated on writing on this sensitive issue.Keep up the good work.
ReplyDeleteRegards
Very well written Sir. Whether the justice has apologized or not, he did express unwanted things. In the heart of heart, he thinks only of his caste & nothing else.
ReplyDeleteVery well drafted with no malice or malign but full of conviction to uphold the dignity of the POST and fervent expectation of the plaint and the advocate.
ReplyDeleteU have hit the nail on the HEAD. THOUGHT provoking.
ReplyDeleteI admire your honest, frank, straightforward views and convictions, Sir. This commentary is apt and thought provoking, no doubt.
ReplyDeleteRecently I read the latest ‘The week’ magazine wherein the Chief Justice of India expressed his comments regarding the pitiable position of Indian Justice System : 16000 judges for the 3.2 Crore cases pending and 300 years required to clear the backlog. It is really a nightmare for the ordinary citizen expecting justice and resolution. He expects a lot from the Judiciary and there should not be any careless and whimsical judge.