law life

Constituent Assembly Debates on Alcohol

In the book, India After Gandhi by Ramachandra Guha, the following passage about Constituent assembly debates was found interesting:

Jaipal Singh, himself an adivasi, albeit of a rather special kind. Jaipal was a Munda from Chotanagpur, the forested plateau of South Bihar peopled by numerous tribes all more-or-less distinct from caste Hindu society. Sent by missionaries to study in Oxford, he made a name there as a superb hockey player. He obtained a Blue, and went on to captain the Indian team that won the gold medal in the 1928 Olympic Games.

Three years later, in the discussion on the draft constitution [of India], Jaipal made a speech that was spirited in all senses of the word. Bowing to pressure by Gandhians, the prohibition of alcohol had been made a directive principle. This, said the adivasi leader, was an interference ‘with the religious rights of the most ancient people in the country’. For alcohol was part of their festivals, their rituals, indeed their daily life itself. In West Bengal ‘it would be impossible for paddy to be transplanted if the Santhal does not get his rice beer. These ill-clad men . . . have to work knee-deep in water throughout the day, in drenching rain and in mud. What is it in the rice beer that keeps them alive? I wish the medical authorities in this country would carry out research in their laboratories to find out what it is that the rice beer contains, of which the Adibasis need so much and which keeps them [protected] against all manner of diseases.”

So I’m not alone in thinking that alcohol is an essential ingredient in leading a spirited life. Certain enlighted founders of the Indian Constitution also shared this view.

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Candlelight Justice

This was the state of affairs in Wakf Tribunal, Ernakulam, today morning (on 26.5.2017). No electricity, no ventilation light. The judge was given a candle, to see minimum. The lawyers were given their colonial gown. Everyone had super fun, courtesy the unforgiving summer.

Vayaliparambil, Vazhakkala Annex..!

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A dream come true.. A home for my twins to run around.. Some land for me to plant trees.. Introducing my new address – Vayaliparambil, Moolepadam Road, Vazhakkala, Kakkand West – 682030. Everyone is invited.!

Epson M205 All-in-One Mono Ink Tank Printer – User Review

It was with much expectations that I bought Eposon M205 Print/Scan/Copier Ink Tank Inkjet printer, three months back, from Flipkart.com. But within these three months, I had to call the customer service center thrice to repair the printer. The basic problem with this printer is with its paper feeder. The paper feeder of the printer (not ADF), is noisy and seriously faulty. The printer does not intake the papers properly. And even if it does, many times, the printer would simply eject the paper without printing anything, as if the paper was not inserted properly. It is a frustrating exercise to print 10pages in this printer.

Another problem with this printer is with its paper-jam-sensors. Even if no paper is jammed inside the printer, it would show that some paper is jammed inside. Switching the printer off-n-on for two to three times, would magically remove the jammed paper, and resolve the problem.

The Customer Service Center of Epson in Kochi, Kerala is another frustrating point. They would never answer the phone in their published phone number. One has to go to that place and invite the person to repair the printer. Once they could not even repair the printer at one go, but made me wait for a week for obtaining some part of this faulty printer.

On a whole, I would not recommend this printer to anyone. If Epson is kind enough to take mine back and refund my money, I would be much obliged !

Podcast replaces FM Radio

I have 20 minutes drive to reach my office at Paramara Road. In the car while driving, Radio Mango 91.9 and Club FM 94.3 were my companions to kill the traffic. But things changed when I downloaded ‘Podcast Addict’ in my mobile phone. It has a wide range of on-demand audio entertainment programs to enjoy the spare the time spent inside the car. My favourite podcast stations are:

  1. Economist – Editors Pick
  2. BBC Documentaries
  3. Legal Talk Network
  4. TED Radio Hours
  5. Criminal
  6. This American Life

Podcast has the edge to kill the dominance of FM Radio inside the car. I am sure, some time in near future, this is going to happen, in Kerala too.

Vacation Court’s inherent infirmity – “What is the urgency?”

Today I moved a civil revision petition against order of a trial court holding that a suit for compensation is maintainable and the parties should suffer trial. The revision petition was moved before the vacation bench of the Kerala High Court. In my initial evaluation of the case, it should have received the interim order staying further proceedings in court below, without much ado. However, the vacation judge decided to ask the most difficult and tricky question – “What is the urgency? Why cant it be heard on the reopening date?”

Well, I wasn’t prepared for such a question, to be honest. I was hoping for questions on merits of the case, why the suit should not go to trial or what is wrong with the impugned order of the court below.

I fumbled on this query of the learned vacation judge. I said that since the suit is listed for trial, it is in the best interest of parties that it is stayed beforehand rather than keeping the parties guessing till the 11th hour. Either way, considering my sad face and loss for answers, the compassionate judge granted me the interim order as prayed for.

On retrospection, I believe, I didnt say the truth about the urgency in moving the vacation bench. Its purely my financial urgency. The urgency is not for the client or for the case, but for me and my purse alone.

It is an accepted fact that summer vacations are drought season for all lawyers. It is to tide over the said financial crisis that I moved the vacation bench. The learned lordships with so vast experience should know it better than any of us. Still they ask this tricky question, “What is the urgency”, as if they don’t know the real answer. Time for judicial reforms of (at least) vacation courts, I guess.

How to trash Mike’s deal? – #Suits S05E16

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The season 5 finale of my favour serial Suits starts with Mike signing the deal with Gibbs and pleading guilty to fraudulent practice of law. Although Harvey tries his best to search for loopholes to tank the deal, he finds none.

I have an idea on this aspect. According to my understanding of US Law, there should be a lawyer for the accused, when he is making a deal with the District Attorney. The lawyer has to ratify that deal before it is presented before the judge. If that is so, when Mike pleaded guilty, he becomes a person without a law degree. This makes him all alone, without proper legal representation, during the plea bargaining process. Since, Harvey, the leading lawyer in the case did not ratify the deal, signature of mike alone would not make the deal valid. Mike cannot be an accused pleading guilty and a lawyer ratifying the guilty plea, all at once, when the charge against him is fraudulent practice of law. This change in status of Mike on pleading guilty, was not noticed by the judge, who accepted the deal.

In such circumstances, I believe, there is a way to reopen the guilty plea, for lack of proper legal representation for the accused, during the plea bargaining process.

Let’s hope to see some more fun and legal action in the next season of Suits.!