- Apprentice Lawyer
Courtroom Exchange: "Inko mute kardijiye!"
Courtroom Exchange chronicles those observations made by judges and lawyers in court that do not make it to official orders.
Courtroom Exchange chronicles those observations made by judges and lawyers in court that do not make it to official orders. A gallery view of wit, gravitas, the truth, and nothing but the truth.
In some ways, virtual hearings have offered courts novel ways to ensure the maintenance of court decorum. The Supreme Court today was constrained to rely on one such measure when a petitioner insisted that he be heard further, even though the Bench had finished dictating its order.
"Please lordship, hear me", the litigant urged the Court as the hearing wrapped up before a Bench headed by Justice AM Khanwilkar.
"The matter is over. Order (has been) dictated", Justice Khanwilkar responded.
"Please, I beg you!", the litigant persisted.
"The lawyer engaged by you had argued. How can you argue?" queried the Court in response.
Whereas the litigant apologized for his lapse, the Supreme Court proceeded to caution,
"Just because we are hearing via video conferencing doesn't mean more than one counsel can address us. We may be on video call but we are not giving up on the convention and traditions of this Court."
While calling for the next matter, Justice Khanwilkar also directed the court officer to mute the litigant.
"Inko mute kardijiye!", the Judge requested.
As the final hearings in the Tata sons v. Cyrus Mistry case carried on in the Supreme Court this evening, towards the fag end of the court's working hours Senior Advocate Janak Dwarakdas assured the Bench that he would try to keep his submissions within time.
"I have 12 balls and 40 runs. I'll try and be Hardik Pandya", the senior lawyer said, as he began his submissions for Mistry.
True to his promise, Dwarakdas concluded his submissions with enough time for Senior Advocate Harish Salve to commence his rejoinder submissions for TATA.
The proclivity to invoke the High Court's extraordinary powers in lieu of first availing ordinary remedies before the lower courts caught the Bombay High Court's attention today, when it was approached with a plea to register a complaint.
The Bench of Justices SS Shinde and MS Karnik was prompted to muse if High Courts will always be approached directly now.
"For everything you come to High Court, we should shut lower courts now", the Bench remarked, while urging the counsel to consider withdrawing the plea.
The Bombay High Court Bench also had occasion to muse on the implications of Kenyan law today, when it was approached with a habeas corpus plea where a husband claimed that his wife had fled to Kenya with their minor child.
"How will a writ of this Court work in Kenya? You study and tell us", the Court told the petitioner's counsel.
The Bench added,
"We don't want to discourage you, but you assist us on the law."
Meanwhile, Chief Justice AS Oka of the Karnataka High Court today lamented about the lackadaisical attitude shown by officers in cases concerning the Government.
"Government officers throw notices served by advocates into waste bins. Only after contempt notice is served, they wake up from their slumber!", the Court remarked, as it proceeded to impose Rs 15,000 as costs on the State in the matter before it.
In another matter concerning the implementation of the Bangalore smart city project, the Karnataka High Court urged the appearing counsel to do more homework.
"You are a smart city (Bangalore smart city). You cannot become smart unless you comply with the rules", the Court remarked.
"I will seek instructions, my lord", the lawyer assured, in response.