Indian Judiciary seemingly is
still in the clutches of feudalism, a vestige left by the British. No doubt
that justice deserves paramount respect and by extension all who adjudicate it
and implement it also.
Judiciary does have its own
decorum and also language. Thus the ‘Lordship’ a clear investiture of feudalism
was prevalent till recently. Now it could be ‘sir’ or ‘your honor’ instead.
In most of the case it is also
evident that most of the judicial officers feel honored only when they are addressed
as ‘your honor’ or the like and not otherwise! Salutation/respecting such as
folding one’s hands at the beginning are ok, but not always. Also any passage
through the courtroom should not obstruct the eye contact of the officer and
the other party whether an accused, a witness or a counsel. For that one need
not be moving in a bend posture as if were before an egoistic emperor or so. If
it were not ‘obeisance’, what it is?
Before law all are equal,
including the judicial officers. But they should not think that they are the
goddess of justice and we are all poor, helpless lots beseeching their ‘lordships’
or ‘honors’ favor or so.
Can one always use the term ‘your
honor’ and should one? What is wrong in addressing with mere ‘you’? ‘You’ is
equally honorary plural too. Or else one can even use the archaic ‘thou’
instead, but not always ‘your honor.’
It was that happened when I represented
one of our senior advocates in one of the courts/tribunals today. There were
three cases and the advocate could not make it due to the death of one of her
first cousins. To my shock, all the three were seemingly given the last chance
this time! All the three cases were called at the roll calls and all were kept
for later hearing in spite of my submission regarding the absence of the
counsel due to a death and funeral. The officer was not in a mood to listen
anyone, let alone my submissions. Again it was called one after another. And
only for the second case at the second instance he seemingly heeded my submission
and adjourned the hearing. To that I responded, ‘I have already told you’. At that
very instance he reacted suggesting rather ‘contempt’ procedure! I was stunned
and to my dismay, the opposite counsel seemed approving the officer’s stand!
When apologized he seemed happy and said ‘fair it is’!
Earlier he even objected
to my use of ‘please’ too! Is legal language so sacred? It is a kind of ritual/formality
obsession and that too in this age of information technology explosion. If only
he realized, ‘man is not made for Sabbath, but Sabbath for man.’
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