The miffed Judge

Dripping wet and feeling pangs of apprehension, I swiped on the face and accepted the judge's call. He sounded tired and a trace of rejection seeped through his voice. 

The judge simply said, I had a fight with the Registrar, for refusing to publish my suo motu verdicts.

This electrical shocker stunned me. I asked, "Why would he and on what grounds?

The judge replied, "I can understand the why, but the grounds really shook me like an earthquake."

I asked, dropping my tone in to a sympathetic scale, "on what grounds?"

He called it as " Invitus et non-sollicitatus" extra judicial activism. Have you ever heard of this?

Yes. In one of the lecture classes and we students termed it as non-sollicitatus , meaning we did not want it.

I did not tell him that the Registrar meant that he reluctantly rejects the unsolicited judgements.

The judge: But I did not hear it even once.

Me: Probably, the intention of the Registrar was to rectify the situation.  Usually, the judge would direct a kill-stare at me, but he badly needed my shoulder to cry on.

I asked him,” why you called me and what I have to do with this?”

Counsellor, Let us talk, meet me in the court.

I wished for a miracle - a walkable distance stretching beyond the orbit of Mars. That distance might have appeared very far even for a miracle to reach. End result- the miracle let me down and my feet walked me for the talk.

He said, “You know, all these suo motu cases were argued by you as pro bono. Why should I alone wallow in misery for this highhandedness.  Ok. Is there a foreign word for highhandedness?”

Me: “Judge there are.  "Superbia" is pride and arrogance.  "arrogantia" roasts you with presumption and disdain.  "nimis manus" conveys the idea of overbearing or excessive control. Having dealt with this Registrar for long, who else would be a better person than you, to judge what he implied about the verdicts?”

Good or rotten, the apple does not fall far from the tree. The rotten ones have worms too! That old owl of a Registrar, how dare he...

Me: “Judge, please stop right there. You are about to step into a probable libel suit there. “

The judge with a faraway look replied like an automaton, “Unless this issue is resolved, how can I take suo motu cognizance of that libel suit, you mentioned, and appoint you as a pro bono counsellor?

I understood his "status mentis" and murmured to myself how do I tell him - To go back to doodling or wood carving or any other engaging activity to calm down? Will he understand that I meant well for his "tranquillare" or "lenire" or "quietare"?

The judge is known for his instant teleporting with teleprompting skills. The talk is that he does so to unsettle an opponent. Whatever it is, I am only nervous to receive his calls and not in person. The binding equation is rather strong - the only suo motu judge and his unfortunate pro bono counsellor. 

Suddenly he spoke, " You feel as though I am making noise about a legal language? Let me tell you something about noise: The type 1, from those who, with third or fourth generation getting educated in private schools/ foreign universities, wake up and make political noise on the richness of a language, which is not spoken by all. The type 2 noise comes from persons following same modus operandi, to sing praises of a particular tongue in which neither he is proficient nor has visions for future generations.

The type 3 noise maker is the one who tries to ride two boats, into a language controversy - points out all fingers on the neighbouring state's dismal performance questioning the failure percentage. This noise maker conveniently forgets that his state has a ‘no retention policy'. 

The type 4 noise maker does all the above, but tries to establish, with archaeological diggings, that his tongue and cultural roots predate the world of languages with antiquity. His 3nd and 4th generation study abroad, to probably to understand the antiquity as medium of instruction. 

In turn, he has ignited the desire in society to dig and find the antiquity or mediocrity of their beloved language. But there is one thing they don't vocally state but imply - future generations be damned or doomed.”

This lengthy speech left me speechless, literally and verbally. In confusion I asked, “Judge where are you going with all these? Why are you worried about the noise and what it has to do with your tiff with the Registrar?

Judge: “I am going back to my question of foreign words used in verdicts, denials and dismissals. By using a foreign language to reject my sound legal verdicts - suo motu or not, is the Registrar not making a silent noise?”

I felt a lightning bolt striking twice at the same place. To say, stunned by this outburst is an understatement or is it litotes? Still, the relevance to the Registrar's reluctance eluded me, like an eel fish. How am I going to ground him ,on his own repeated usage of foreign words?

As per his own words, he has no legal standing for presiding and dealing with cases, without they being filed and so on. It eluded my limited legal Latin vocabulary, why the Registrar has not used “Ultra vires” an apt phrase instead of “Invitus et non-sollicitatus" when both mean, more or less - plus minusve, to acting or done beyond one's legal power or authority! I felt lost in the woods of Latin words. At this point, I decided to end the session for the day. at the Judge, “May we reconvene, at a mutually convenient time, tomorrow?”

The judge surprised me. “Let us switch the language and meet for a “Voir dire”, so to say, 'to speak the truth'. How this works for you, counsellor?”

I vaguely recollected this legal term, with French nativity. Jury selection depends on it. The competence of a witness to testify, also can be examined with this tool. My doubt- is he trying to test my competence or the lack thereof?

To pass the competent test, I said, “Judge, usage of Latin, in the chambers of law, is as old as the Roman laws. It adds richness to legal pronouncements. Clarity and precision, stability and unchanging nature, is ideally suited for use in legal terminology. Reduces ambiguity and potential for misinterpretation. Its continued usage is a matter of tradition and legal professionals, are reluctant to abandon them entirely. 

A language is a civilisation's gift, that has endured, persevered, flourished and floundered. This does not mean the language too should flounder. English and other languages becoming the dominant language in legal practice, could not do away with this prejudice. For example, suo motu and pro bono did not be native because you are fine with using them!"

Counsellor, hold your horses there. When I am dealing with our penal code, why are you bringing in Roman and French horses? 

I sensed this travel will never go anywhere and I did not remind him that the French horse was from his stable. Politely informed the judge, a recess would be in order to tether the horses and refresh our minds.

I took this time to reflect.  My lecturer spent an hour to explain why Latin, Greek and French words got into the legal system. In his baritone voice, he intoned, “The Romans gave us the template to build upon, for the legal systems and naturally a few Latin words, came along. This language being precise and unchanging in its meaning, lent a regal voice to pronounce our legal proceedings. Not to be left behind the Greek and French languages also offered some choice words. 

Now let me introduce a few of the most often used words in court proceedings. This will help you to be in the same page as the law, which you all will be practicing.”  Some took serious notes, and I didn’t.  He was an erudite scholar, which I started to appreciate after leaving the college!

Each imprisoned in his own thoughts, we went to a nearby brew house specialising in one of a kind of coffee. The joint looked empty of patrons and a lone man, standing in front of the counter, was chasing daydreams with a napkin. The moment he saw us he appeared to be having two minds - to run us off or simply vanish. Concluding both to be impractical, he beamed a plastic smile at the judge. Without further exchange, he disappeared behind a curtain and reappeared with two steaming cups. I presumed, it could be the one-of-a-kind brew.

Yes, it turned out to be just that - burnt coffee seeds, cogitating with a little engine oil, condiments and some undeterminable ingredients. The judge took to the drink like fish to water.  Moments of silent exchange between the judge and the daydream chaser came to an end and the judge announced the recess to be over and back to where we let off.

Instead of the adjourned matter under discussion, the judge started a new ,unpublicised story. Years back when he was a lawyer, this coffee shop owner was implicated in civil suit. I argued his case, pro bono, and won. That time, the old court was functioning nearby, and he had a healthy business going. Tides turned, the court moved to a new premises drying up his business. For old times’ sake, I visit the shop whenever possible. He thinks I had something to do with the loss of business. That is why the lukewarm welcome I get, alone or in company.

Masking my sarcasm I asked, “Why you remembered this old story, now”

The judge’s sharp look conveyed annoyance and he said, “If only I had forgotten, then I should try to remember it. Did you ever wonder, why my cases always involved you as a pro bono counsellor?”

Fearing another lengthy story about him rescuing a greasy joint in a suo motu case, I kept my counsel to remain silent.

The judge provoked me to say something. Throwing caution and reprimands to the winds I blurted out slogan like responses.

 Judgement reserved with foreign words is Law in regal clothes.

Judgement without foreign words, is like peacock without its vibrant plumage.

Judgement reserved with or without foreign words is Law in darned clothes.

Should I bid adieu for suo motu cases and pro bono appearances? Mentally I started the process of filing a ‘habeas corpus’ and a ‘writ mandamus’ to be on the safer side. I took an ex-parte decision not to wait and leave the judge alone, to fight with his Latin, Greek and French demons! However, from a corner of my heart oozed empathy for this arbiter senilis.

At that point in time, a thunderous noise broke through to my mind. Postponing the debate which alerted me - conscious or subconscious type, I hastily audited the safety of my limbs and faculties.  Now, once again the thunder was trying to get admitted through my front door. Cursing silently, I opened the door and came face to face with the judge. Not only his presence but his invitation for a stroll in the park set me on fire. 

Reading my face, the judge asked " did I interrupt any romantic dreams?"

This last statement confused me more than his opinions.  Incredulous, I asked, " judge why you made such a statement?"

Calmly he said, " Look at you. Does the Latin lexicon, you are holding offers clues to daydreams or is it sub Judice to comment?"

Then only I realised that I might have fallen asleep, reading and thinking about the learned judge (not clear why). 

I agreed for the walk in the park, to clear my mind (and send off the judge), if he would be kind enough to come inside and wait for me to freshen up.