TELL KERALA JUDGES THAT THEY ARE PART OF INDIA

Dear RKS,

     I am neither a lawyer nor versed in the intricacies of law but have quite a load to say, as a layman, about our judges at all levels, especially about those who are in 'the apex court' but sheer fatigue constrains me to hit only some high points from a couple of the judgments of 'the top court' and observations of 'the High Court of Judicature at Madras' that readily spring to mind.

     I know my enlightened fellow-pensioners are more than capable of filling in the blanks that I am leaving.

     'The top court' (TC) ordered (this was quite some years back) that all sort of RESERVATIONS put together should not exceed 50% but in Tamil Nadu (I do not know about the position in other states) it is 69%.

     'The top court' has not ordered anyone to tell the Govt. of Tamil Nadu that T N is a part of India, to my knowledge.

     The other day the Hon'ble Mr Justice Velmurukan of the Madras High Court (MHC), annoyed at the absence in court of the police officer concerned in a case he was hearing, cautioned that if this continues he'd have to order the DGP to be present personally.

     Howzzat!?

        This reminded me of my college days (1954 to 1958) when we used to make fun of our Asst. Physical Director (APD) on his want of fluency in English by saying among ourselves that if the APD wanted to caution us to behave properly, he'd say : "If you don't behave properly, I'll ask the principal to get out"

     [ Mind you, we were all in our late teens and very early twenties and were not conscious at that  point in our lives that it just is not the done thing to belittle anyone on his/her shortcomings. ]

    I thought the proper action for the Hon'ble Mr Justice Velmurukan of the MHC was to impose a stiff fine, say, Rs.50,000.00, on the police officer concerned which he'll not forget in a hurry with a separate sentence in the order directing the state govt. to deduct the entire amount of fine from his salary.   

     It was only some weeks back that the Hon'ble Mr Justice Kirubakaran of the MHC bemoaned in open court that his effigies were burnt merely for ordering the police to ensure that the provision in the Motor Vehicles Act requiring two-wheeler riders to wear helmets was strictly implemented.

     And in our own case (by the way, what is its present status, please?) in 'the apex court'  we had to get clarification on the term 'employees' used in some order when our case concern 'pensioners' and the court, as I remember, pronounced in its infinite wisdom : "We have clarified in an earlier case relating to service matters that the term 'employees' includes 'pensioners' also.

     Remember what the Hon'ble Mr Justice Deepak Mishra and the Hon'ble Mx Justice Banumathi did to judgments favourable to us by not one or two but NINE judges of the three high courts (a single judge and a two-judge Division Bench in each) of Rajasthann, Delhi and Punjab & Haryana by just a single sentence : "We are inclined to set aside the judgments of all three high courts". 

     Consider the word  "inclined" in the sentence. If Deepak and Banumathi wanted to set aside the judgments of the three high courts, they should have written "We set aside the judgments of the three high courts" if you ask me.

     Does it men that the two Deepak and Banumathi possess more wisdom than that of the nine judges put together? 

     "We are inclined to set aside the judgments of all three high courts". 

     This sentence reminded me of some parts of Act 1 Scene 3 of Richard II :

Shakespeare : Richard II 

Act 1, Scene 3
KING RICHARD II

Therefore, we banish you our territories:
You, cousin Hereford, upon pain of life,
Till twice five summers have enrich'd our fields
Shall not regreet our fair dominions,
But tread the stranger paths of banishment.

KING RICHARD II

    Uncle, even in the glasses of thine eyes
    I see thy grieved heart: thy sad aspect
    Hath from the number of his banish'd years
    Pluck'd four away.

    To HENRY BOLINGBROKE
    Six frozen winter spent,
    Return with welcome home from banishment.

HENRY BOLINGBROKE

    How long a time lies in one little word!
  Four lagging winters and four wanton springs
  End in a word: such is the breath of kings.

(Emphasis suppied --- P. R.)

     Years of litigation spending huge sums in three high courts resulting in favourable judgments end in just a sentence - such is the power of supreme court judges!

     And now this "telling" the judges of the Kerala High Court that they are part of India. 

     Whom do the judges expect to do the telling? Why couldn't they do it on long distance telephone?

     The Marxist Commie Govt. of Kerala(m) which was overzealous in protecting the Constitution in l'affaire Sabarimala by implementing with a vengeance the (unwise) order of the supreme court did not even feign to acknowledge that there was this other case concerning a certain denomination of Christians and it had to implement the order of 'the top court in that case!

     And now this!

     There's the matter of demolition ordered by 'the top court'of a certain section of a huge apartment complex built right on the bed of a backwater in Maratu, Ernakulam, which has not yet been done for which the court will call --- no, not the Chief Minster who has vowed to implement the orders of 'the top court' (selectively) and thus protect our constitution --- but the poor Chief Secretary to admonish him when everyone, including the judges of 'the apex court,  knows that he's simply acting under the orders of the CM.

     Thanks for your time and patience.

     KEEP WELL.

P. Ramanathan 

Liveh
Law.in
'Tell Judges in Kerala That They Are Part of India': Justice Arun Mishra In Malankara Church Matter By: PTI6 Sep 2019 9:42 PM

"Tell judges in Kerala that they are part of India," the Supreme Court said on Friday while taking strong exception to the state high court's tinkering of its 2017 verdict on right to conduct administration and prayers in churches in a dispute between two factions. The top court set aside
the Kerala High Court order that prayer services at the churches should be performed alternately by the two rival factions of the Malankara Church.

The apex court in 2017 said that prayer services have to be performed in consonance with the 1934 Malankara Church Constitution and guidelines. It had also said that 1,100 parishes and their churches under the Malankara Church should be controlled by the Orthodox faction as per those guidelines.

A bench of Justices Arun Mishra and M R Shah on Friday got furious after coming to know about the high court order and said,Who is this judge? The High Court has no right to tinker with our decision. This is the height of judicial indiscipline. Tell judges in Kerala they are part of India".

https://www.livelaw.in/top-stories/-justice-arun-mishra-in-malankara-church-matter-147852#.XXNfSXJBW9Q.blogger

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