Mooshik in court: 350

The other day, Ganesha and Mooshik were discussing about types of people who almost entered the wayside temple. Suddenly, a motley crowd bearing banners and raising slogans passed by. As usual Ganesha did not pay much attention, but Mooshik was all ears and eyes. His eyes captured the dust storm rising, in heavenly defiance, from that cul-de-sac road.  

Repeated representation from the devotees fell on dust clogged ears. Earlier, the administration claimed paucity of funds and now thought why to waste money on a cul-de-sac and left it alone! 

When the dust finally settled, Ganesh asked Mooshik, "Why are you silent?" 

My Lord, you have a long pipe for a nose but my hole in the face type nostrils get clogged easily. Some enterprising dust particles might sneak through the defenses and tickle my throat. Moreover, I am allergic to way side dust, here by your abode. 

Ganesha, chiding himself for asking this open-ended question. He thought, "Why nowadays, Mooshik is becoming a jibe master at every available opportunity? Let me get to the bottom of it here and now!" 

What is troubling you, Mooshik?

Nothing that is in your powers to resolve.

Taken aback, he persisted, “why such a defeatist attitude, even before sharing with me your trouble?"

"That is the trouble. Because what I have to say will go straight to your heart and make you to feel bad about me." 

"No hard feelings. I am dying to hear it!"

Your decision. But don't regret it afterwards. I have a troubling matter to discuss with a judge."

"You mean to say that not me but a human being would be able to help you!"

"Yes. Because it is a legal matter"

What? You have legal matters to deal with?

Yes.  A PIL. 

What is so special about him? And how are you going to find him?

There are two reasons.  He happens to be a freewheeling   judge, ready to conduct a trial on any matter. The second is, he specialises only in PLI or suo motu cases. It may surprise you to know that me and    others like me, search for information by tailing-in on to the network connecting way side temples.” 

Becoming wary of Mooshik and the others, Ganesha said, “Have you not witnessed, my devotees banging coconuts in anger at my feet, because the justice they sought kept on moving farther and farther. Desist and live with whatever legal issues you have" 

Ganesha, fearing exactly this sort of advice from you, have I not indirectly indicated that you have no power to help me in this regard. 

Ganesha's trunk was about to whack Mooshik but held it back in time for two reasons. To spare Mooshik from becoming a pulp. Even with rampant unemployment, it would be difficult to find a replacement for Mooshik.  He thought "Coming up with jibe was pardonable but beginning to address me by name needs a censure. But for the time being, let me enjoy this escapade with Mooshik." 

In suitably attire, both of them reached the judge’s house. He appeared to be impatient to start something but did not know with what! This reminded Mooshik of the ants scurrying around a piece of jaggery, while discussing what to do with it! The moment his eyes fell on the visitors, the judge stopped searching for that something to do. Remembering that he had left the doors wide open, he decided not to question them how dare they enter without permission. 

Mooshik said, “I have an issue”

The judge: A PLI based on newspaper item?

Mooshik: A PLI but not the usual type. It is on Publicly letting down Law Institutions. 

While Ganesha wondered where in the wayside temple, Mooshik had picked up this legalese. It placed the judge was in a quandary as to how to deal with this PLI? Whenever in doubt, the judge either doodled or whittled away wood!  His eyes fell on the walking stick he carried to ward off stray dogs. 

Seizing it in one hand, he came up with a pen knife in the other hand and started whittling with vigour. Instantly, his doubt vacated itself and he announced, “It will be a suo motu case” and asked them, “Have you engaged a counsellor?” 

Ganesha, beginning to enjoy the escapade, pre-empting Mooshik, answered in the negative.Judge: No problem. I have two seasoned lawyers. Don’t you worry about their legal fees. They appear exclusively in my court to do pro bono work. Let me track them down as they often vanish without a trace. Come to my chamber at 9 AM with your brief. AT 10 AM sharp, the proceedings will start. After casting a curious look at the judge and his productive whittling, Ganesha pulled Mooshik out of the judge’s house. 

The moment they were out of earshot, the judge tried calling his in-house counsellors. Getting no response, he hurried out to hunt them down, counting the number of hours left till 9 AM of tomorrow. It was past noon, when by pure chance he found himself standing behind them in line at a ‘serve yourself’ eatery. From that moment onwards, the judge followed them like in the rhyme “Mary had a little lamb.” Before a morsel of food could be lifted off from the plate, the judge informed, “You two have a pro bono work. Be in my chamber at 9.30 AM. Now let us enjoy our lunch.”   The duo suffered their lunch in silence. 

The next day, by 9 AM, Ganesha and Mooshik entered the chamber. Mooshik handed over a file and after getting the judge’s nod started to explain, “Nowadays, people in or out of it, find it or do it, as an exploit aimed at providing mass entertainment and to hoodwink everyone. A deep analysis tells a different story of attempts being made to evade and avoid ‘behind the bar time’. The judiciary tied down with strings of its own robes’ to be impartial, gets the go around. Enterprising litigants try to shop for a favourable bench, by firing recusal petitions or SLPs. The judges, except for their tied-up robes and gavels, have no protection from these assaults.” 

Mouth hanging agape, the judge looked at Ganesha who was equally surprised to hear such a lucid presentation. The judge did the next best thing - announced a recess. He needed time to digest the outburst. 

The pro bono counsellors walked in, as the judge’s grandfather time piece raised a weak alarm, straining itself. Without human intervention, it stopped on its own, as it had only that much energy for the day. The duo wondered, why the judge needed an alarm, of all the places in his chamber. As the alarm stopped ringing, the judge appeared from under his table looking like an apparition in judicial robes, clutching a bunch of loose papers. 

Recovering quickly, he outlined the PLI as per Mooshik’s definition and informed them, “I am treating it as a suo motu case. No pretrial, post-trial motions will be entertained. But I have a motion to move at the start, which I shall of course accept. Go through this case file and be ready with arguments. Hearing starts at 10 AM”.

With only few minutes to prepare, they agreed by eye blinks that they would find ways to wing it after hearing the judge’s motion.

"Feeling the expressed anguish, the court moves a motion to allow everyone present, to put forth their views on the case. Though prima facie it would appear to be a violation in the eyes of codified law, I agree to my own motion.

What made me to think that this motion would stand legal scrutiny? The law exists for the people and people exist with a bounden duty to safeguard the very same law. Aristotle, Cicero, Socrates and our own Supreme Court have guided me to do so. Now, the court room is open to hear the arguments." 

It had the desired effect. It left Ganesha, Mooshik in utter confusion, not knowing what it all is about and dumped the pro bono counsellors in the grey area between sanity and insanity. 

The judge nodded at Ganesha. Not making any effort to raise his frame, he said " Since there are governing rules, no one has the license to violate it. This applies to all - gods, humans and other life forms". 

Before the judge could admonish Ganesha for not starting with a thank you my lord, Mooshik added, " Including the aliens. ", and sat down. The pro bono counsellors now had the plane to fly in their arguments. 

On his part, the judge was entertaining another motion to exclude Ganesha and Mooshik, but including the gods and aliens in his judgement would definitely take it out of this legal world. Binning this motion the judge exclaimed, "How in heaven, gods and aliens come into picture here and into the lawbooks? It is out of jurisprudence!” 

The senior counsellor, looking for a gap to take off replied " Relevant as they also have to follow the rules, may be of physics or chemistry or physiology." The junior counsellor silently applauded this argument which was nothing but a winging it attempt. 

Ganesha immediately objected and said, " In enthusiastic over flow we have included gods and aliens. Too much should not be read into that." 

Junior counsellor seized up on this exclusion attempt and argued." This is an attempt to circumvent, on behalf of gods and aliens. Then, how can we fault the in-power and out of power public figures, which precisely this suo motu is attempting to do!" 

The judge was taken aback by his nephew ‘s rejoinder. He mused "After all, this apple had not fallen far from the family tree!" 

Mooshik, in defense of Ganesha and said " The law governing the gods and aliens are not in the purview of this court. There are appropriate mechanisms to deal with, elsewhere. The question before this court is - why the in-power and out of power netas are getting the chance to impute or thumb their noses at the judiciary?" 

That only functioning bulb with anaemic glow started flickering in the mind of the judge. He realised that the litigants Mooshik and Ganesha are not ordinary persons. 

The senior pro bono counsellor saw his chance and reinforced Mooshik’s point, “I urge the court to take a dim view of this type of intrusions into the sections and sub-sections of penal codes, with malicious intent to tie the hands of judiciary and jurisprudence. If the in-power and out of power Netas hold the reins, then even the rite to bang the gavel will be lost”. This last sentence unsettled the judge. 

He gravely announced, “Having said, heard and intuitively understood all those unspoken arguments, I am ready to pronounce the judgement, after a brief recess of an hour.” 

Ganesha and Mooshik wondered why a recess now, if he is ready?  The pro bono counsellors moved over to explain to them that after the hearing concludes, the judge collates the arguments, does research  on  legal precedents, drafts, corrects before pronouncing a judgement. We have to wait. 

One minute past the hour, the judge took his seat on the bench. Glancing at the litigants and the pro bono counsellors, he started to read, “Law lives to outlive those who crafted it and who try to hoodwink it. It has centuries of history spanning continents and civilizations. It apparently looks powerless against the in-power and out of power public figures, but the long arm of law always catches up. When a public figure has lost the confidence of people, he or she has already lost the battle with law. However, if not acted upon decisively and swiftly, then the law itself will become a joke. If judiciary does not get its act together and nip the cactus at its root, all of us will be forced to suffer the thorns.” 

Banging the gavel forcefully many times, the judge left the bench, without leaving instruction as to what to do with his judgement! Ganesha, Mooshik and the pro bono counsellors silently exited, surprised at the vehement delivery of the verdict.