How Should a Judge Be

Like the judge Bharti is.

A common theme in judicial academies across our country. This post is about this famous tale and how I heard it for the first time.

Another such popular fable is of King Solomon from Abrahamic ethos. It has been narrated here and here. 

Bharti presiding over the debate between Mandan Mishra and Adi Shankaracharya - Painting courtesey Smt. Indira Singh w/o Late Lt. Gen Vijai Singh, Retd. Vice Chief of Indian Army

Raghupati Sahai ‘Firaq Gorakhpuri’ (28 August 1896 – 3 March 1982), the eccentric genius, the renowned Urdu poet, was a legend in his lifetime. He qualified in the ICS but resigned to follow Mahatma Gandhi's Non-cooperation movement. Then was jailed for 18 months for participating in the same. 

In 1930’s, he became teacher in the English department of the Allahabad University and retired in 1959. Corridors of the English department reverberate with his anecdotes, Urdu poetry and quotes. One of them is

“Only two and a half men know English in India. First comes Firaq, the other is Dr. S Radhakrishnan and Jawaharlal Nehru being the half.”

Courtesy - Centenary Celebration
Commemorative Volume-II

In my memory, Dr. Radhakrishnan came to Allahabad only once. He was  there on November 25, 1966 on the occasion of the inaugural ceremony of the centenary celebrations of the Allahabad High Court. There was no reason to miss him. It was in his speech that I heard about the tale of Bharti and how should a judge be. In his words,

“Law has been ever-growing ... It happens not merely in law but even in religious forms. There was a huge controversy in our country once between those who believed in Yajna, Karma, etc., and those who affirmed the superiority of spiritual wisdom and enlightenment. That controversy was decided by a reference to a lady arbitrator. Mandan Mishra was performing a Yajna when Shankaracharya appeared. Having seen Shankaracharya there in his robes of a Sanyasi, Mandan Mishra said, 

‘Why have you come to disturb the great Yajna which I am today performing?’

शंकराचार्य पद द्वयं मण्डलस्थं ददस्य ततई सर्वाङ्गनः वक्स्य संन्यासी इति ज्ञात्वा कोपः कोलाहलः सितः कुतो मुण्डी।

When the matter became one of hot controversy and Mandan Mishra's wife, Bharati, was asked to arbitrate between these two, I now want to tell you how she arbitrated. With purity, detachment, objectivity, dis-passion, complete freedom from partisanship with her husband's case, she gave judgement against her husband. 

'Of course, spiritual wisdom is superior to mere performance of rites' 

That is what Bharati said. She gave us an ideal of a good judge, of a good arbitrator. Her relationship with her husband did not count. The fact that she was to arbitrate between these two great people did not matter. Pure objectivity and fidelity to truth: these were the only things which weighed with her and she gave the judgment in favour of Shankaracharya, with the result that Mandan Mishra became his disciple, became a Sanyasi, Sureshwaracharya, the first disciple of Shankaracharya, who held his Math in Sringeri. … You see ... how a woman, who was asked to give an award ... behaved. We hear now-a-days all sorts of talk about 'convicting judges', 'acquitting judges', 'talking judges', 'silent judges', etc. But there was no such thing at all with Bharati. She merely threw herself into the task, studied what the truth was and said, 

‘This is my judgement, Shankaracharya is right, Mandan Mishra is wrong.’”

This story is often narrated in the judicial academies to show how should a judge be: detached with relationships; transcending experiences; and seeing the issue in wider perspective. Didn’t I want a painting depicting this story in my office but there was none available to purchase.

Indira Mami, as we address her, is self taught artist - her style being 'Impressionist '.  She started painting as a hobby in her early 20s. Now in her mid 80s, it has become a passion. She was married to Late Lt. Gen Vijai Singh, Retd. Vice Chief of Indian Army and her paintings adorn the walls of several army messes all over the country. I requested her for a painting depicting the story.

The debate is said to have taken place in the eighth century in Mithila. Mandan Mishra, Adi Shankaracharya, and Bharti are said to reincarnation of Brahma, Shiva and Sarswati. It is said that when Adi Shankaracharya was looking for the house of Mandan Mishra, he was told,

“If you see a house, where in front, parrots are debating then that is the house of Mandan Mishra.”

Indira Mami read the debate and using her imagination painted the picture. The parrots in the picture are the debating ones; Veena and Trishul are identified with Sarswati and Shiva. Bharti is also not wearing a Saree as is worn today but the way it might have been worn in Mithila in those times.

Thank you Indira Mami for the wonderful painting.

This post is part of the series 'LegalTrek'. They are under the following sub-heading: Book review/ Biography, Drama/ Judgements, History, Managing Court & Judiciary, Office Management, Personal, Reminiscence/ Advice, Suggestions/ Opinion. If necessary, the division will further diversified. This one is under the sub-heading Managing Court & Judiciary. 

One can access these posts in this series by clicking  on the label 'LegalTrek' on the right hand side and this sub-heading posts by clicking 'Advice' or 'Reminiscences'.

LegalTrek - Reminiscences/ Advice

।। Avoid Legalese - Adopt Plain English।।  Know Your Judge।। Soar Rather than Sulk।। One, Who arrests, Bears The Burden।। Then All Lawyers Are Lunatic।। Writing, Expressing - Improves Communication।। Keep The Judge In Good Humour।। What Irritates A Judge Most।। Justice – Not My Job।। Bharti - The Judge To Follow

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