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.
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.
I’m obsessed with the greatness of my home town – Perumbavoor. Its a beautiful place, with vibrant people. The industrial capital of Ernakulam. The city of migrant labours and the land of opportunities. Now, the first place to have Oriya and Hindi Church Mass, making Perumbavoor, the true cosmopolitan city of Kerala.
This happened on April 7th, 2014, when the summer rains lashed the unexpected Kerala High Court.
There aren’t many restaurants I visit regularly. One of them is Favourite Pizza at Kakkand. This post is intended to promote the said local-pizza-joint, which I believe is not known to many.
Favourite Pizza is located on the right-hand-side of Seaport-Airport Road, after More Supermarket, when coming from Collectorate Signal to Thripunithura. The restaurant specializes mainly on Italian delicacies like pizza and pasta, but also serves continental stuffs like burgers, sandwiches, french fries etc. I am a fan of their Creme-di-Chicken (Creamy chicken soup)and Pollo Di Bar-be-Que (Barbequed chicken Pizza). The Pizza is heavily stuffed and generously cheesed, unlike many international brands. Favourite Pizza is also reasonable on once’s wallet. Two can stomach full pizza at Rs. 500/-
The more I learn and understand the law, the surer I am, that law is an Ass. The sentiments was sown in me by an obscure English play of 17th century called Revenege for Honour, narrated to me by a senior-lawyer-friend of mine. In that exotic play, staged in far-off Arabia, the eldest son of the Caliph, is accused of ravishing another man’s wife, with her consent, for which he had to be condemned by his own father – Caliph, to have him castrated in public. A supporter of the elder son, dismayed at the harshness of the penalty, said “.. what, hoodwink men like sullen hawks for doing deeds of nature! I’m asham’d the law is such an Ass”.
The recent amendments to the Indian Penal Code brought in by The Criminal Law (Amendment), Act 2013, subsequent to the incident of Nirbhaya Gang Rape case in Delhi, is a paradoxical enactment, which would groom the Indian Law into an Ass. According to the new law, under the age of 18, consensual sex between teenage friends is construed as Rape, no matter what, and is punishable with minimum seven years imprisonment. Among adults, a woman can transform an incident of consensual sex, into charges of rape subsequently, by simply saying that the man had a fiduciary authority and her consent was vitiated. Amendments are also brought in the Evidence Act, which would effectively muzzle an accused of rape, and scuttle all chances of fair trial.
Considering all the hard facts about the current Indian Law, I am forced to remember the incident that happened in the novel Oliver Twist, penned by the celebrated author Charles Dickens. In that novel, Mr. Bumble, a henpecked husband, was accosted by Mr. Brownlow for destroying the evidence relating to Oliver’s parentage, in connivance with Mrs. Bumble.
Mr. Brownlaw said “You were present on the occasion of the destruction of these trinkets, and, in deed, are the more guily of the two in the eye of law, for the law supposes that your wife acts under your direction.”
“If the law supposes that,” said Mr. Bumble, “the law is an ass – a idiot. If that is the eye of the law, the law’s a bachelor, and the worst I wish the law is, that his eye may be opened by experience – by experience.”