Saturday, August 21, 2010

Case No.14 1995 - The Bombay High Court

By Manuwant Choudhary

India's courts have become technologically advanced so I searched the `official' website of the Bombay High Court to find the status of a 15 year old case - Case No. 14 1995 - thats not come up for hearing even once to see if they finally have a date listed and type the key words and you will draw a blank!

15 years and still no date!!!!

So I asked my source in the Bombay High Court to find out why this delay after all isn't there a saying `Justice Delayed Is Justice Denied.'

So after much persuasion my source gave me this critical information but on condition that I use the information only for `public interest'.

So what I write here is strictly in `public interest' I roughly remember in India `truth' is still no defence in contempt proceedings.

My source sneaked into the judges chamber and found three judges in a huddle.

Judge 1: "I am furious with that nasty Karan Thapar. I think we should file a contempt case against him."

Judge 2: "Contempt against Karan Thapar. But why? Karan Thapar is not Arundhati Roy and nor does that Vinod Mehta give him reams of paper in Outlook magazine. You mean to say he is a `Maoist' sympathiser."

Judge 1, ""He is worse. Karan is always nasty but I think you missed his CNBC - TV 18 show where he was at his nastiest best. But how dare he support capitalism."

Judge 3, "Yes, yes I saw that and he deserves to be sent to prison for saying that capitalism brings greater equality and social justice than socialism."

Judge 1, "Our judge A.P. Shah deserves a Bharat Ratna for defending socialism in front of the whole world and this Karan Thapar should be in prison with the Maoists and the Pappu Yadav's."

Judge 2: "But Karan hasn't killed a fly in his life."

Judge 1, "Anyone who is not a socialist should leave this country or he should live in prison. See how he had the guts to bring that old man Raju on his program. The Swatantra Party is dead. This Raju just like a ghost wants to disturb India."

Judge 2: "But Swatantra Party...isn't that the party founded by India's first Governor General C. how can they be now illegal?"

Judge 3: "Things have changed in India. Now we are all socialists after Mrs. Indira Gandhi changed India's preamble. And didn't you notice Praiyanka Gandhi's new hairstyle..She is the next Indira."

Judge 1: "You don't understand. See all our MPs are socialists so they have given themselves a pay rise and they have then asked the army jawans to work for free in the Congresswealth Games. Thats socialism."

Judge 3: "yes, yes, and shri. Kalmadi is still in charge of the Congresswealth Games!"

Judge 2: "But I think Karan has a point we should have heard the case in 15 years at least once."

Judge 1: "You dont understand. If we hear that case even once it will be a threat to the unity and integrity of India."

Judge 2: "You mean like Kashmir."

Judge 1: "Yes, see how they throw stones in Kashmir."

Judge 2: "But this Raju has not thrown a stone in his life."

Judge 1, "Ahh, I dont mean literal. Raju is more dangerous than the Kashmiri youth. And he has an office a stones throw to the Bombay High Court. So we must be very careful."

Judge 2: "But surely, even the Supreme Court has said this is an important issue so we must hear it now at least."

Judge 3, "No,,,,if it was important the Supreme Court should have heard it themselves. Even Fali Nariman could not convince them. And Raju's lawyer - no one knows him."

Judge 2: "You forget one of Raju's lawyers is now our collegaue judge in the Bombay High Court and he is respectful. I am sure the Supreme Court wants us to hear the case now."

Judge 1"The Supreme Court wanted everyone to read that book on Shivaji in Maharashtra but still the government has banned it so its not important we do everything what the Supreme Court wants."

Judge 3, "Yes, we can say that the Swatantra Party if allowed to register will create a `law and order' problem."

Judge 2: "We are not politicians. We cant say that."

Judge 1: "Then we can say we have too many other important cases to hear."

Judge 2: "Won't do..There are 60 judges in the High Court..."

Judge 1 " You dont comprehend. In American politics candidates run for elections, in India politicians stand for elections...but us we are called `Sitting' judges!"

Judge 2 "I agree but we not not supposed to just sit. We are supposed to work also."

Judge 3, "No. who says we are supposed to work. No where its written `working judges' of the High Court."

Judge 2 : "But surely we cant keep sitting over it...let us pass some judgement."

Judge 1: "Don't even think about it. Swatantra Party will bring in capitalism and we may all have to work."

Judge 2: "But then what can we tell the Supreme Court?"

Judge 1: "We can tell them the file is so old that we cant see whats written in them."

Judge 2: "No no, in Bihar recently a judge gave his order on a 40 year old property case even when the file was worm-eaten and ineligible."

Judge 1: "Ah thats Bihar. They give bail to Pappu Yadav also!"

Judge 2, "We need better excuses.."

Judge 1: "We can tell them we were watching cricket at Vengsarkars Academy in front so cricket is a national cause not democracy... See how work stops in all of India to watch IPL."

Judge 2, "Some watch only Preety Zinta."

Judge 1: "We can simply say the case has been `Disposed'."

Judge 2, "Disposed but how?"

Judge 1: "By the rats!"

(My source is a rat)


Sauvik said...

Excellent! I especially liked "CONgresswealth"! Ha ha...

Anonymous said...

Our case in the Bombay High Court has to be heard because unlike the PIL in the Supreme Court which was withdrawn by the petititoners this one is a writ petition by an affected party and not "academic" by any means.We have been denied registration to participate in the electorate process.

Our petitition is therefore very much alive 15 years and 4 months later.

S.V. Raju, President, Swatantra Party, Maharashtra.