Judico Me Cremari

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SCBA, 28.09.2017

Senior Advocate, President of the Bar Association of the Highest Court of a Country, Dushyant Dave is said to have lent a willing ear to a rumor. The rumor is this: Judge of a High Court is being considered for an elevation to the SC. Precious words have been used to describe how if this indeed were to be true, the Nation would stand to lose. By what channel the rumor has travelled is unknown. But that the rumor has travelled is a fact. Gossiping is not a valuable quality for a Senior Advocate.

What can be done to curb the human thirst for litigious vengeance? In the past poverty blindly stayed much litigation, both just and unjust. A remark variously ascribed to many Judges, but most frequently to Lord Justice Mathew, is that, in England, justice is open to all… like the Ritz Hotel.

But today, such as are the advances of social legislation, and the vain right to know, that an Advocate can demand the attention for what he believes to be true, from no less than than the Lord, the Chief Justice for a rumor that should not have travelled.

If the rumor is frivolous, costs should be imposed for having demanded the attention. If the rumor is true, it should be enquired what was its channel, with immediate effect.

Yet better the decision, the greater the prospect of further litigation, for the very definition of a good award is, that it gives dissatisfaction to both parties.

I will tell you a story. There was formerly a Pope, and he committed a great Crime, and the cardinals came to him and said, “thou has sinned:and he said,judge me:” and they answered “we cannot, for thou art the head of the church; judge thyself:” and the apostle said, “I sentence myself to be burned;” and burned he was; and afterwards he was made a saint. And in that case, he was his own judge, and therefore it is not improper that a man should judge himself”.

Mohit Shah