Know Your Judge

 Summary: This post is an advice to young lawyers.

On 5^th February, 1999, the date of taking oath as the Judge of the Allahabad High Court (from left) with my wife, father, son and the photograph of my mother in the centre 

 

LegalTek - Reminiscences 

This post is part of the series LegalTrek. There are a few posts in this series that relate to 'Biography'; some are 'Miscellaneous' i.e. not falling in any particular group. This one is part reminiscence, part  caution, part advice. 

You can access other post of the series by clicking on 'LegalTrek' under the heading 'Labels' on the right side. 

Sometime ago, a sweet voice asked me on the phone, if I remember her. Of course, I didn't.

She told me that she had met me in the Supreme Court and then again at my home office in Noida, regarding rejection of her candidature by the Union Public Service Commission. It was then I could recollect the pretty face behind that sweet voice.

She had qualified in the written civil services examination thereafter her candidature was rejected as her certificate was not in the prescribed format. But, she wasn't to be blamed: she had submitted the certificate as it was given to her by the State official. She had filed a case before a court, where I couldn’t or perhaps didn’t appear. The case wasn’t proceeding; she was worried; and she wanted to know what to do.

I had spent some time over the file and advised her to change the line of the arguments. I  assured her, if this was done, then there was no way that she could lose the case. She wanted to pay for the consultation but I had declined. Thereafter, she never contacted me and I forgot about her.

She told me over the phone that: she advised her lawyer to change the line of the arguments to the one suggested by me; the case was allowed; she was interviewed and was selected for the Indian Administrative Service; she was getting married to a friend, who had attended the coaching with her for civil services examination; she wanted to come over to thank and to invite me for the wedding.

To say the least, I was happy for her and pleased with myself that I could help. Few hours, some consultation and an advice - changed her life forever. I invited her, her fiance, and some young friends for dinner. We had wonderful evening: my best in Noida. But one thing intrigued me, why she came to me in the first place.

After my retirement, I had taught for one semester in the Allahabad University but they were not in that class but a cousin of her fiance was. He had my email. When the sweet one was frustrated and helpless, this cousin gave her the email to contact me for the advice. What a coincidence, what a chance, and what the satisfaction that consultation brought me. A lawyer must remember to,

Help the needy; money is not everything - even a small help, may make change not only the life of the needy, but may give immense pleasure, satisfaction to them.

This episode also reminded me of another similar incident from my judgeship. It happened, when I started presiding over a bench at the Allahabad High Court.

In Allahabad, there are benches that deal with specific types of cases. There is one bench that does the work that is not assigned to any other bench and is known as Miscellaneous bench. These benches keep on changing approximately once in every three months. Sometimes, there is overlapping of the jurisdiction and here the ability of the counsel matters. Judges differ in their outlook, their attitudes – advocates should know their judges and the case should be filed before the judge that is likely to pass favourable order. 

About 15-16 years ago, in January, I was presiding over the 'Miscellaneous Bench'. During lunch break, my private secretary told me that some boys and girls (the Candidates) were outside the chambers; they were in tears; and wanted to meet me. To say the least, I was puzzled and called them over.

The Candidates informed me that: the preliminary examination for the Provincial Civil Services was to be held on the coming Sunday; it was their last chance; they had filled up the form but there was some clerical error that they were asked to remove, which was done; whereas, some similar candidates had received admit cards but they hadn't; they have filed a case but was not being taken up.

Obviously, if they were not permitted to appear, then they would lose their last opportunity. They were rightly worried and in tears.

I asked the Candidates as to why their advocate had not mentioned the case in the morning. They told me that they knew nothing, except that they had given fees and documents to their advocate. I told them to ask their advocate to make mention after lunch.

A mention was made; we summoned the file and requested the advocate for the UP Public Service Commission (the Commission) to appear. After hearing them, we passed interim order permitting the Candidates to appear in the examination subject to the result of the case.

After we had passed the order, the advocate for the Commission informed us that: the Candidates' advocate had mentioned the case before the service bench and that bench had refused the request; thereafter the Candidates' advocate had gone to the Acting Chief Justice, who had expressed his helplessness in the matter.

Sitting in a examination, is a matter to be dealt by the 'Miscellaneous Bench' and not by the 'Service Bench' but as this was for the PCS examination, there could be some doubt. The service bench was presided by a judge, who not only scolded the advocates but was  selective in granting relief: the lawyers didn't like to argue cases before him. I don't know why the Candidates' advocate chose that bench. He seems to have forgotten the fundamental rule,

Know your judge and half the case is won.

Proprietary demanded that before mentioning the case, the Candidates' advocate should have informed us about prior mentioning and meeting the Acting Chief Justice. His conduct was inexcusable. However, to punish the Candidates for the mistake of their advocate was wrong but we were in the soup, as what to do.

I observed that we have no doubt that the 'Miscellaneous Bench' had jurisdiction but as it was pointed out - we would record every thing and send the case to the Acting Chief Justice to form special bench on the next day (Saturday) to consider the case. I also informed them that the next day, I was delivering a talk at IIIT Allahabad and their was traditional lunch of the High Court at the Magh Mela. So in all likelihood, the bench will be formed in the evening and in case any interim order is passed then the Commission should be ready to make arrangements for taking their examination.

The advocate for the Commission was fair one. He stated that the interim order was proper, as the justice of the case demanded it; the Service bench lacked the sense of justice that judges should have; we should sign the order; and might not adopt the procedure suggested by me, as it would put the Candidates in confusion. We had no doubt about correctness of our order and we signed the same.

The jurisdiction changed; the case was never listed before my bench; and I forgot about it. However, after I had received the phone call from the sweet one, I became curious about the case and the Candidates. After fifteen years, I inquired from the the Candidates' advocate, as to what had happened to them. He remembered the case well. He informed me that: all of them were selected; they are in different services; and are obliged to the court for making a sea change in their lives.

Judges are capable of making fundamental change not only in nation’s life but in the life of an individual however, they often fail to do so. This happens, when the judges are in awe of law and are confused between law and justice. This had happened with the service bench; they even refused to consider the case: without interim order, the candidates would have lost their last chance to appear and to change their lives. Judges should understand,

Law and justice are often not synonymous. Judges should be like  Solomon; they don't have to sulk (sink) but soar (rise) with law.

This also reminded me of other instances but all that, at some other time.

#legalTrek, #Solomon