Age has its own Advantages

‘Age has its own Advantages’

By

J.L.Gupta

Age has its own advantages. You see more. The other day I saw Ranbir Kapoor on television talking to his father Rishi Kapoor in the voice of Amitabh Bachchan. Rishi’s response was natural. “Yes Sir ....!” But the icing on the cake was when, a while later, Mr. Bachchan actually rang up Rishi and said “Chintu! This is Amitabh Bachchan from KBC.” Rishi’s immediate reaction was, “Do not try to fool me. I just spoke to him.”

Almost spontaneously, the mind went back by more than fifty years. To the late fifties. To my almamater. The packed auditorium in the Government College, Chandigarh. As usual, the Principal, Mr. K.S. Thapar was on the stage. In his suit and academic gown, with a distinguished guest – Shri Prithviraj Kapoor, the famous Actor. He was visiting the College as a part of the programme to familiarise the students with the best in every field. This was a regular practice in the college which gave the students a good exposure.  

It was a really cold day. A chilly wind was blowing. Yet, the place was packed to capacity.

The Principal gave a brief introduction. And then, the students requested Mr. Kapoor to give them a glimpse of the characters that he liked. ‘From Shakespeare?’ he asked. Hearing the response, he moved a little. Soon, we were hearing Antony’s impassioned oration in Julius Caesar:

            “Friends, Romans, countrymen, lend me your ears;

            I have come to bury Caesar, Not to praise him.

            The evil that men do lives after them;

The good is oft interred with their bones;

            So let it be with Caesar ................................”

And then, it was Brutus’s reasoned eloquence:

                        “Romans, countrymen, and lovers! Hear me for my cause,

 ... If there be any in this assembly,

any dear friend of Caesar’s, to him I say, that Brutus’s love to Caesar

was no less than his. If then that friend demand why Brutus rose against

Caesar, this is my answer – not that I loved Caesar less, but that I loved

Rome more. ...........................................................”

Then, he just covered his head a little with the collar, moved slightly away from the microphone. Now, it was Othello (the face looking as dark as Shakespeare would have liked without any makeup having been applied) talking of his beloved Desdemona’s unfaithfulness:

“O curse of marriage,

That we can call these delicate creatures ours,

And not their appetites! I had rather be a toad,

And live upon the vapour of a dungeon,

Than keep a corner in the thing I love

For others’ uses.”

And then, he performed briefly from a Hindustani rendition of Kabuliwallah. The switch over from chaste English to Hindustani was totally effortless. Everyone was awestruck.

Thus, the function had ended. But some of us were very lucky. The Principal had asked us to join him for lunch in his office. At that time the venerable old man was in his elements. Made everyone totally comfortable. Talked freely like a true Panjabi. Thoroughly enjoyed his meal and coaxed others to eat more. Clearly, we were in the presence of a versatile personality.

Less than two decades later, the family met his son, Shri Raj Kapoor. On a holiday in Kashmir. Men of my generation knew him well for his role in Awara; Sangam and so many other films. He could make people cry and laugh at any time.

Then came Rishi Kapoor. His performance in Bobby proved his great lineage. And now, seeing Ranbir Kapoor mimic a person far senior to him, on the sets of KBC, it was obvious that the great grandson of Shri Prithviraj Kapoor is truly a young man with talent and proves the theory that “living organisms inherit features from their ancestors.”

Happy to have seen four generations perform.

Courting Humour

Courting Humour

By

J.L. Gupta

 

Law is serious business. But humour is healthy. In the tense environment of the court room, a smile is a good cosmetic. When men are fighting for survival, a word in a lighter vein lightens the fight. When served like caviar, in small elegant portions, repartee can be really rewarding.

Land usually leads to litigation. A friend, heir apparent to a large estate, had a legal problem. So he came from his village to fight it out in court. He lodged himself in my house. Every morning he left early to meet his lawyer and then to go to the court. In the evening, he invariably had a new tale to tell. Or, at least whatever he could recall after a couple of drinks.

 

The first day, he narrated the case of a professor who was arguing his own case. He made an impassioned appeal. In chaste English, “My Lord, Your Lordship cannot permit the system to inflict injustice upon a law-abiding citizen. We have so many laws in this country. A statute for almost every situation. Yet, there is so much delay. A never-ending trial of human patience. I cannot be allowed to die of thirst in the midst of so much water.”

 

            There was pin-drop silence. Things seemed to be getting serious. The judge took off his reading glasses and solemnly surveyed the courtroom. Looking at the man who was standing at the bar, he asked, “Professor, what is your field of learning? Where are you teaching?”

 

            “I have not read a book. I have never taught a word, my Lord.”

 

            “Then how do you write Professor with your name?”

 

            “It is just like the word ‘Honourable’ with Your Lordship’s name. It does not mean a thing.”

 

******

The Judge is paid to sit quietly and listen patiently. But there have been some exceptions who talked incessantly. One day, the judge had a bad throat. Indeed, very bad. He had virtually lost his voice. In the evening, at a social, a lawyer noticed the judge’s difficulty. And then he asked, “Does it mean that tomorrow, we shall be allowed to have our say without any interruption?”

 

******

 

Next day, the things seemed to have been even livelier. A priest was in the dock. The judge seemed to be unhappy with him. In a sharp tone, he told the holy man, “If your conscience were as big as your beard, you would have never done what you have been charged with.”

 

“My Lord, may I very humbly and with all respect ask, why Your Lordship has no beard?”

 

******

Day three. My friend went to the court as usual. Came back with another story. The judge heard the learned counsel very patiently but, did not seem to find any merit in the argument. With a stern look, the judge asked the man.”You seriously suspect that I am a fool and that I shall swallow whatever you serve?”

 

            “Very difficult choice, My Lord. I dare not even open my mouth to attempt  an answer. If I tell the truth, I shall be guilty of contempt. If not, I am likely to be hauled up for perjury.”

 

 

******

 

The lawyer was convinced about the merits of his client’s case. He tried everything in his armoury to persuade the Judge to appreciate his submission. The Judge was equally firm and announced that “Whatever you are saying comes in through the right ear and goes out through the left.”

The lawyer took a deep breath and said “Please forgive me. I didn’t realise that there was nothing in between the two ears to stop the outward flow.”

 

******

Mr. C.K. Daphtary, an eminent lawyer was arguing a case before the Supreme Court. Suddenly, there was an interruption in power supply. In the dark, the presiding Judge observed: “Look ... where have your arguments led us to?” Almost simultaneously, the “lamp on the Chief Justice’s table flickered and  ... there was light. Quick came Mr. Daphtary’s response: My Lords! Light has come where it is needed most.”

 

******

Another lawyer, known for his professional ability and quick wit was appearing before a Bench of the Supreme Court. He was relying upon a decision of the House of Lords. The Judge said, “Come on. You come here wearing a dhoti and talk of the House of Lords. They wear proper morning trousers and tail-coats.”

“My Lords, whether we wear dhoti or morning trouser, the underlying principle is the same”.

See Alaska by Sea

 ‘See Alaska by Sea’

By J.L. Gupta

Radiance of the Seas

I had heard myriad stories about the Alaskan Cruise. Finally, it materialised. It was a good experience. On board the    ‘Radiance of Seas.’ She is good looking. Huge. Luxurious. Majestic. Has thirteen  decks.  Excellent accommodation for about 3000 guests and 800 members of crew. Bars. Casinos. Gymnasiums. Health club. Huge dining halls. A sizable jogging track. Improvised ‘rock’ for climbing. Swimming pools. And even a shopping arcade. It is virtually a moving   township. A floating hotel with all the facilities. It is a place where everyone is waiting to take care and give you comfort. Pamper you. In fact, spoil you.

The Pool

On board you see smiling faces. A good number of young people. But more of the middle aged and old. From almost all parts of the world. In all places on the ship. In the gym, health club, bar or the restaurant. Exercising, jogging, walking, sun bathing and swimming. Or drinking and eating. You get a peep into the people and also the places they come from.

Ketchikan- The salmon city

And then every day you reach a new place. See new things. Savour a new dish or a drink. Meet different people. At the end you get back home. Happy and healthy. Richer in head and heart.

The first port of call after starting from Vancouver in Canada was Ketchikan in the State of Alaska (USA). A small but beautiful town. It is known as the ‘Salmon City.’ Has a total population of about 13000 only. Very small by our standards.

As you step out of the ship, you enter the city. There are stores. Stuffed with primarily Chinese goods. There is nothing from India. Not even an item of hosiery, jewellery, textiles or anything else. It was rather disturbing.

A Poster in Ketchikan

Small little posters posted at strategic points reveal the story of the State and the City. Like the poster – ‘Alaska Annexed For $7200000. Vintage  -  Oct.12, 1862. It embodies a slice from history. The information is available without seeking any help or causing botheration to the personnel from the department of tourism. Small little things but of immense use to the one who is not wanting to bother anybody.

The streets are neat and clean. There are maps that tell you directions, the location of buildings etc. in the particular street and so on. A complete guide for the tourist. There is no piece of paper or plastic anywhere. Nothing that may seem odd to the eye. In fact, there are well laid flower beds. Nothing out of the world. But the look is pleasing to the eye.              

Flower Beds

Flowers in the city

                                                                                                          

'Lest we forget- US Ship Juneau' and the men

 Next stop is the city of  Juneau – the capital of the state of Alaska. As one comes off the ship, the first thing that meets the eye is the neatly placed wreath on a memorial. Erected to commemorate the memory of those who had fought bravely and perished on the night of Friday, the 13^th November, 1942 during World War II. Eight ships including  USS   ‘Juneau’ were destroyed. Out of 700 sailors on board, only 10 had survived. The city remembers them fondly with pride.

The Waterfall

The tourist attraction is the Mendenhall glacier at a distance of few kilometers from the port. There is also a waterfall alongwith. The two make a lovely sight.  For those coming from a city like Delhi, there is a rare freshness in the air. The running water is clean and clear. And no matter how much you walk, there is no feeling of tiredness.

The Mendenhall Glacier

How I wish, we also kept our country so clean!

From Juneau, we moved to the next port - Skagway. It was a cloudy morning when we docked. A drizzle and then, there was some rain too. Still, every possible facility was available. The helicopters, buses and even trains to take the tourists to the hills, the town or anywhere else. All in close proximity of the port. In fact, only a few yards away. The breakfast was served as usual at 7 AM.

The Cloudy Morning

 The adventurous opted for the helicopters. Some opted for the bus or even the train.

         

   From the market, we walked to the museum. On way, there is a board. It tells -Skagway is the garden city of Alaska. We could not see any. 

The next port is the Icy Strait Point. The ship is docked. After breakfast, we take a boat to reach the shore. There are a few shops stuffed with Chinese goods. The interesting part is a walk in the Tongass National Forest. A thick forest runs all along  the 2000 mile long cruise. Covering thousands of acres of land. All along the sea. With icy peaks in the background. It is a sight to behold.

Part of the Walkway in the Tongass Forest

And then there are nice walkways. You can choose a long or a short one. If you feel tired, there are places to sit and relax. Also to dispose of the small little things that you do not wish to carry. Really thoughtful.

                  

Before sighting the glacier

       Next on the itinerary is sighting the ‘Hubbard Glacier.’ It had been highlighted as the piece-de-resistance of the cruise. On the eve of the D-day, we were told almost everything about it by the Captain himself. The size. The visibility. The near freezing temperature.  The need to put on every woollen that we carried in our bags. To cover every part of the body.

            

The crucial day arrived. Got up earlier than usual. Even at 4 in the morning, one could see big pieces of icy snow floating in the sea. There was a cold breeze. Even a light drizzle.  But everyone was out. On the deck. As if, to sight the holy star.

            And at about six in the morning, the mass of ice was there. In front of us. 

The Hubbard Glacier

            Whatever the weather, nobody was bothered. Everyone was looking at the sight in front. To get a good view. Through the binoculars or the camera. How big? What is the size? The questions crossed the mind. But one could only marvel at what  nature has given to man. As a trust. To maintain.

           

        As we came closer, even from the top deck, the mountain of ice seemed to be looking down upon us. I felt dwarfed. And then, suddenly there was a loud sound. The Captain described it as the ‘white thunder.’ The air or gases collected inside the snow erupt and make a loud sound. A mass of snow goes up like the lava from a volcano leaving behind a hole. This by itself was an experience.

           

Seward- The Boat Yard 1

     The next port is Seward. A bright morning. It marks the end of the cruise. The view from the ship is lovely. While commercial activity is going on at one end, there are small boats nicely lodged in a neat corner. The water is clean. Light blue. Perfect reflection. The thick forest provides an excellent background.

         

  

    Then there are nice little cottages. Even while going in the coach, one could not resist the temptation to capture the lovely sight. However, the important place   is the Alaska Sea Life Center. A place for research. Has a wealth of scientific data and information, which should be of great use in research projects in different parts of the world.

         

The Center

     As you enter the Center, a board tells –      “Russia and Alaska are only 53 miles (85 km.) apart!” And then, there are different species representing the Sea Life. The Fish. Otters. You name it and they have it. Including the Alskan Salmon and the Penguins. No longer the exclusive pride of Antarctica. In decent environment. Conducive to their growth and multiplication. There is good deal of literature that the Center publishes and distributes. It is interesting despite being technical.

                                       

Thus ended the cruise. Interesting and invigorating. Please do not miss the opportunity if it comes your way. You will like it.

Photos by the AUTHOR

Note: All the pictures have been taken by me with a small camera – Sony Cyber Shot.

The Collegium or The Commission?

                                                            The Collegium or the Commission?

By

J.L. Gupta

Article 124 of the Constitution Inter alia provides that "every judge of the Supreme Court shall be appointed by the President after consultation with such of the Judges of the Supreme Court and ..... as the President may deem necessary for the purpose ..." This provision was considered by various benches including a Constitution Bench of nine judges in the special Reference from the President of India. After consideration of the earlier decisions, it was inter alia held that "the chief justice of India must make a recommendation to appoint a judge of the Supreme Court and to transfer a chief justice or puisne judge of the High Court in consultation with the four senior most judges of the Supreme Court. ....." Thus, the concept of a Collegium in its present form had materialised.

 

The decision of the Supreme Court has been followed for a fairly long time. However, the government has now approved the bill "which entails replacing the Collegium system with a Judicial Appointments Commission wherein it will have a say in the appointment of judges of the Supreme Court and the 24 high courts." Mercifully, it has not been suggested that the Collegium system failed to select the best from the Bar and the Bench. The declared objective is only to “have a say in the appointment of judges.”

Does the government really have no say under the existing collegium system? It is indisputable that the recommendation of the collegium is sent by the Chief Justice(Supreme Court and the High Court as the case may be) to the government. It is examined at different levels. If anything adverse comes to its notice, the government forwards it to the Chief Justice. The matter is reconsidered. The view is again conveyed to all concerned. Thus, it is not correct to suggest that the government has no say. The basic premise for the Bill is, thus, non-existent.

Still more, would the proposed Commission be a better alternative?   According to the reports in the media, it is proposed that the Commission shall have 7 members out of whom 3 shall be from the Judiciary. The remaining 4 shall be the Law Minister, the Secretary (Justice) and ‘two eminent persons’ who will be nominated by a committee. Will the ‘eminent persons’ be in a position to select and recommend persons for appointment to the Supreme Court and the 24 High Courts in different parts of the country? What shall be their qualifications? None have been indicated. Thus, various issues arise and need to be examined. Why is the government in a hurry to fiddle with the existing system? Nothing should be done in a hurry at a time so close to the elections.

Above all this, it is a known fact that the government (at the centre as well as in the States) is the single largest litigant in the country. Should a party or a litigant have any say in the appointment of judges? In my view it's only fair that a party should not be allowed to choose the persons who will examine its conduct or the validity of its actions. If the recent events in the country are any guide, it is obvious that a minister had to resign as his action had not been favourably commented upon by the court. In view of the recent events in the country, the real motive behind the action of the Government is highly suspect.

And then, let us remember that Justice is the first promise that the constitution makes to the people of this country. Yet, it is the last item in the union budget. The constitution envisages an independent judiciary. Yet, it is dependent upon the executive for finances. Still, has the judiciary in India not performed despite the financial fetters, ‘court stripping’ and the media’s monitoring? Has it not protected peoples’ life and liberty against the might of the state? Has it not acted against the arbitrariness of the executive? To whom do our leaders look up in the hour of need?

Yet, there is a constant clamour against the courts. Some decades back, the slogan was “committed judiciary.” Today, it is judicial accountability and transparency. The Judiciary remains a popular punching bag. It is no wonder that the ‘Judicial Standards and Accountability Bill’ and the bill for judicial appointments commission are on the anvil.

 

The critics need to remember that the judges do not work in closed chambers. Their judgements are not ‘confidential’ or ‘secret’ documents. The court proceedings are held under public gaze. The judges give reasons for their judgements. The decisions are subjected to serious scrutiny by the higher courts.  Even at the highest level, the Rules permit a petition for review. Still more, the Supreme Court has by a judicial order introduced the remedy of a curative petition. Thus, there are inbuilt checks on the exercise of judicial functions.

 

It is believed in certain quarters that the Collegiums look at only the professional competence or income of the lawyers. Is it so? I think, no. Equally, untenable is the belief that persons with long tenure alone can make a contribution. Sometimes, a long tenure can be a bane and a short one a boon.

 

There are various issues concerning the economy, the welfare of the people and the eradication of corruption that deserve attention. The desire of the government to have a say in the appointment of judges can wait. It may be debated and examined by the parliament after the election. Nothing need be done in such hot haste especially when the government’s conduct is under scrutiny of the Court.