R Ganesan District Judge retired :- It is not uncommon in India that judicial officers from the lowest rank to the highest institution of CJI thinking themselves that the power vested to sit in an elevated positioning than that of a lwyer or a litigant is meant to disgrace or treat the advocates to offend them or use harsh or in dignified and inappropriate languages ot gesticulations . The elevated position to the judges in a court of law is to authorise them the

[17/05, 09:12] Ganesan Judge: R Ganesan District Judge retired :-
It is not uncommon in India that judicial officers from the lowest rank to the highest institution of CJI thinking themselves that the power vested to sit in an elevated positioning than that of a lwyer or a litigant is meant to disgrace or treat the advocates to offend them or use harsh or in dignified and inappropriate languages ot gesticulations . The elevated position to the judges in a court of law is to authorise them the sovereign authority that they should not be just treated as any other officials doing other two branches of governance as even all the other top most officials of all branches of governance excepting those exempted by the constitution are obligated to subject themselves to the scheme of due obedience to law and law courts, though obedience to law though involuntary in nature , no exceptions that all are equal before law , come and attend and answer the court if judicial process is set in against them as litigant or witness
bathe power of the judges is not actually the power of the judges , it is the power of the people in democracy , we according to the social contract theory that by being a citizen , a person has to surrender all his rights to sovereign and the sovereign would protect the other intimate sovereign the ultimate boss the people . The crux of the issue is that all the judges are not ill tempered at all time . Even the judges whe are acting strangely on the podiums are not behaving all the time strangely . Only a very minuscule section of people taking that kind of branded identity right from their induction to the judiciary in spite of the fact that judges in subordinate judiciary are given enough training in the judicial academy before they are inducted and from time to time trading are properly given by expert resource persons with all finest facility with all culinary feast and many of them taking this opportunity to chose last row to sleep in the last row . As ma matter of fact when my lord NSK j was officiating as the Director of TNSJA , it was been more vibrant and my lord himself used to take personal interest to teach all the nitty gritty of the standard operative procedures to be followed by the novice judges inducted after selection and at the time of promotion from one grate other grade and that apart the Honble supreme court of India created National Judicial Academy at Bhopal and impart trancing even to the judges of high courts and supreme courts judges classes are being taken by eminent resource persons from all fields of law and academicians with all infrastructure and comforts . Classes are taken how judges to behave inside the court and out side the courts and in their chambers
In spite of all those inbuilt SOP, there are some minimalistic errant intemperate sections of judges who are not adept to the scheme . The recent movie “ Karuppu “ unleashed and even attempted to tear the skins of those minuscule minority sections of judges and the advocates . Though there are some exacerbations in the theatrical opulence in that movie we just can’t pass away as no such things are happening in the real courts
The supreme court of india published a pending statistics of the cases and claimed that it would take 200 years to finish all those pending cases alone
ba the union government after their intent to create JAC been declared unconstitutional, now decided to create regional supreme courts in all the four regions . It is welcome proposal . Even than the advocates have to come from Delhi that is the only imbroglio to such proposal . Initially such proposal has been negotiated by the govt but supreme court declined to accept such proposal on the logical conclusion that there is one PM, one president , one parliament and therefore there should be only one supreme court no question of decentralisation of the supremacy of the suprememe court on regional distributions
Now the situations have been slowly changed after TN sheshan case . Election commission of india is not a singular one it refers to multiple bodies and among those equal 3 member commission one is chie as CJI and others are joint or additional election commisdioner having concomitant powers
As law if always an organic one in our decocratic republic though not a fluid one as we have got a balanced stare decis , unlike France , we have abrogated 377 and 497 IPC300 years old law .
We have accepted Ram lulla decision as we the sovereign have to even involuntarily accept any law declared by the supreme court as supreme under article 129 of the constitution read with 141 of the constitution unless the position is prospectively or retrospectively been over ruled by the ultimate supreme court based on again numbers as numbers in our democratic set up are inevitable evil as has been expressed by several constitutional experts and philosophers and historians . If one say the truth he is an idiot and the same is said by majority it is law . Of course , we having enacted , adopted and given ourselves the constitution, and the constitution is the intimate good and bad from where powers descents to all the governing agencies in democratic set up as it has been indirectly been diluted in the year 1973 in kesavananda and even prior to that it has been invented in Golaknath , an extra constitutional un inflated balloon by the 13 judges “ basic structure “ which is an extra constitutional tools used from 1973 and again used in SRB case and subsequently used in almost all the cases , the supreme court will take the balloon doctrine for some class of persons in some cases to some class of regions and in some cases some class of faith and in some cases courts are being run on vats app as recently been exposed that the then CJI has sent order to compose bench when my lord then CJ was attending a Bharath Nattiyam function and that vats app order dealt with three judge bench in mid night to deal with the bail matter / suspension of sentence matter of a leading female human rights activist hailing from Gujarat
In Arnab Goswami matter , he claimed openly the CJI DYD himself argued on his behalf that shows that unchecked LBW given by umpires without the third umpire societal checking . For just a cricketing , we got a third umpire to verify digital instant correction to modify the decisions of leg umpire and the stemp umpire . In judiciary we don’t have any such mechanism excepting the inefficient defunct impeachment due to political fragmentation and the divides in top 100 lawyer in Supreme court
The tamil feature film “ Karuppu “ and the recent ill disposition of a young budding lawyer by the Tenengana high court judge is not a just a stray thing my dear country men . There are black sheep’s in the advocate community and equally black sheep in judiciary at all levels through out indian republic .
Law being command of sovereign , and the sovereign are the people of our republic , after taking oath as chief minister and prime minister , governors and other constitutional functionaries are not in consultative process in increasing and decreasing the number of TASMAC . Even all the shops are closed in the state of tamilnadu people go to andra , pondicherry , kerala , karnataka and drink . Kurla comes in the sme way . The ruling party must understand one thing why and how ration rice is smuggled to neighbouring states . It is because it’s sub standard . It is because it was given to affluent people . They are selling those rice it illegal traders . The same way illegal subsidised diesel is being traded by middle men even without purchase of diesel bills are manufactured and subsidies purpose , it is being going on for decades in coastal regions in abetted . Think of free bicycle and free TV all have been sold to scrap merchants . Freebies are in a way disgrace to the people who mede you to sit to the throne. They know how to manage them . Please give a corruption free or zero corruption society . Make your people not to give corruptions . Dont blame the officials and arrest some of them who caught and placed suspension . The present dispensation done a good thing to videograph the FIR registration and 24×7 CCTV coverage of all police station . The same thing has to be extended to all important offices to identify the intermediary . power brokers recently Adhav Arjun mentioned the boss of one famous construction company whoch played a major role to stumble CJV taking oath of office .
Karuppu movie has of course depicted some masala , substantial portion of the film we can’t sweep aside altogether as a cinema
In real courts , the reels shown in “ karuppu” is actually taking place in real courts through out india including higher and highest courts using contempt power as a weaponising tool in the library of judges . Virtually the discretion which is given to judiciary not given to executive is to administer due justice tempered with mercy . Most of the judges having mind set that they are doing charity to the people of india who really made them as judges . That ice must be vanished ftom sll my lord if there is some minuscule deposits in their minds . Advocate and people are not mind about the quality of judgement . They all worried about the treatment of the judges while they sit in the courts . Equal ot even more blame is also to be owned by the advocates as they are the root causes for all those deplorable conditions in the court and the court campus . Honest judges are un necessarily subjected to uncharitable comments and troubles by the bullying bar .
“ karuppu” real eye opener . I pray the Honble high court conduct a special trying to the judges and the advocates to redeem the institutional reputations
[17/05, 09:13] sekarreporter1: 👍