Our Last English Chief Justice Orby H. Mootham- ‘When Chief justice Mootham apologized to a litigant’. WHERE ARE THOSE JUDGES?
"Life is a shylock; always it demands. The fullest usurer’s interests for each pleasure Gifts are not freely scattered by its hand. We made returns for every borrowed treasurer. Each talent, each achievement and every gain me necessitated some penalty to pay. All you bestow on causes or on men of love or hate of malice or devotion somehow and sometime shall be returned again. This was the lesson in my life. There is no waste toil, no lost emotion. The motto of the world is to give and take. It gives you favour out of sheer goodwill but unless a speedy recompense you make you will find yourself presented with its bill". "Competition is a struggle for existence because there is always be survival of the fittest". "Every Act and every inquiry and similarly every action and pursuit, given by him was thought to aim at some good, and for this reason, the good has rightly been declared, to be that, at which all things aim. But a certain difference is found among ends". For him "For best was he who knows all things himself good, he that hearkens when men counsel right. But he who neither knows, nor lays to heart another wisdom, is a useless night".
Seldom I feel that there was some thing wrong with me in association with other, but still I felt difficulty in expressing my resentments. This is difficult to express an opinion as to what is the correct approach; as to whether I should keep silent; or I should react over the situation. It was realised that the best way was to adopt an apathetically behavior toward every situation, but at the same time, I feel that I have lost my identity and in this situation I feel a lot of disturbances. From there I have started my interactions towards the behavior and other associated activities, which was directly or indirectly associated with my life.
Seldom the people think that they know something but when they start searching for it then they find that it is missing the manner to which they knew. This is the beginning of the legal profession. The greatest virtue in legal profession is to create and enjoy at the same moment. The people do not readily except the superiority of the other intelligent person and as such these people are always remain in controversy. The simple reason of the superiority was lying in his brevity of thought and the discussion to the point on the subject. He was a great learner and a great scholar in his contemporary period. I have seen him with tears in his eyes before his clients when he was informed that the family of the client is passing through financial constraint. The pain was apparent and was being chafed again and again before it can heel by his guidance on number of the occasions in my life.
With regard to Justice and injustice to an individual’s opinion assessments, we must consider the kind of action, it’s means and the justness for considering its effect and solution. Thus the justice is always represent in corresponding sense. I have seen him in association of some advocates who are ideologically antagonistic to his opinion, but from the very inception, a heterogeneous conglomeration of disparate and desperate interests designed mainly hedge against common enemy on both the constituents. There is no one having the perfection, but certainly some of the individuals may have risen to the heights, if they may start thinking in the perfect manner and convey the idea generated through such experiences with the same precision. This is very rare in the life of an individual to have the correct analysis of his perceptions with the desire, aptitude and knowledge in adequate representations.
This was not a manifestation, to lost the bread earner in family at my age of 19 years; and thereafter to complete law examination at 20 years 6 months of age and there after supervision of agriculture activities for 10 years from 1971 onwards; and then joining the legal profession at High Court, but the real acknowledgement of the potential of an Advocate. There are the reflections of the memories in my mind, when I have seen him conducting the arguments from 1974 onwards. I have started practice after being enrolled as an Advocate in 1974. During the intervening period, since, I was involved in number of problems associated towards my responsibility of supervising 75 Acre agriculture land required to be cultivated, after converting to it’s potential from barren land to profitable agricultural land .The reason for looking after the said land was due to the sudden death of my father in the year of 1971,who died a premature death leaving behind my mother, my elder brother, myself and a younger sister. Since I could not continue my practice at Allahabad & I shifted to District Court due to family responsibilities, I could not see him conducting the argument at High Court for a long duration. This was in year of 1978, when I visited any chamber for seeking guidance. I have visited in his chamber with a hope that I may get the adequate response, but the response I got was something beyond my expectations. It was initially to discourage me from joining the profession. He said that why a professional in the same profession will like to provide the potential to another rival in the same profession. Thus to rise up to the heights, what the individual may have attended after hard labour and dedications towards his profession, is the hard labour, dedication, sincerity and devotion to study the law. This reply has come forward with another complement that he may not be misunderstood for what he is expressing to myself regarding his inability to guide me. I immediately got the determination that now I will flight for rising up to the tower of success through my own efforts.
There were very few Advocates, who can speak such a bitter truth before junior colleagues for giving them a boosting response. To rise through struggle by his own efforts and the individual is not required to have the crutches of other person to provide the support to his body. This was a very valuable advice given to me , which has always provided me a lot of confidence and inclination for struggle. This has become the guidelines to provide a contribution in due discharge of the professional responsibility. These personality track fallow in its carving out through experience of adversities else they simply comes through cultivation of opinion and is being stimulated through notional ideology of Isolated doom and perform predominant role in it’s development. This is also a symbol of self-made man personality.
.
I have seldom realised, that, whenever I used to criticize the provision of the constitution inviting the unprecedented litigation before High Court. Senior Advocates were used to react in the same manner by conveying his protest that in case if he possessed a paperweight, he could have thrown it for hitting on my body. This was simply due to the reason that without even learning to the provisions I had started giving my opinion after joining the profession, which was intolerable to him. This is the incident in the previous years, when I first visited Allahabad High Court as an Advocate and started gossiping with such a senior Advocate .The cultivation of moral foundations is called our cultural heritage.
On 2nd August 2000 he wrote an article in daily newspaper titled as ‘Those were the days’- the last English Chief Justice Orby H. Mootham.. His reminiscences of about 50 years, right from the period of the English judges to the present scenario. It has been said that those judges were mature, modest and commanded the respect by their very entry in the courtroom. There gesture of kindness to the lawyers and courteous dialogues used to blush out of their modesty even if their faces looked red and they were scared in the moment. They entered the courtroom right at 10.00 A.M. never before or a second afterwards. The chief justice was so cordial, warm and affectionate that this was the etiquette of high constitutional functionaries. The unusual dissent conduct with a strange warmth decency of Chief Justice Mootham was continued to remember even after his death to heavenly abode from this world.
The second article published on 9th August 2000. ‘When Chief justice Mootham apologized to a litigant’. Chief justice Mootham entered the court smilingly, but became tense and pointed out to the Bench Secretary for the impropriety of behavior of a litigant, a gentle man who was sitting in the fifth or sixth row wearing a head-gear. The gentleman has removed his cap. The moment the functioning started, the chief justice regained his usual pleased posture, but the irritation was again visible, when he saw the gentleman recapped his head. However, when the orderly went towards the gentleman he voluntarily removed his cap. This was perhaps by reflexes that he wore the cap once again. The chief justice stopped functioning and asked the court officer to act upon and thereafter the gentleman was asked to leave the courtroom. It was per by chance that one contemporary Advocate went to chief justice’s chamber to make a mention. Justice Gyanendra Kumar was present in chief justice chamber. The chief justice in a most inimitable style asked, whether he had seen the gentleman, who despite been told not to wear the cap, defied the advice of the bench secretary. The chief justice has also said that the gentleman looked a dissent person, but he wandered why he repeatedly wore his cap soon after removing it. Was it by the defiance to authority of the Court?
Justice Gyanendra Kumar, a very pleasant conversationalist, intervened. He said "Chief Justice", your lordship in the English society, people take off a hat to show courtesy, but we in this country wear a cap to show our respect. Thus the gentleman was only trying to repeat his gesture of respect. The chief justice perhaps never knew it otherwise this was not causing irritation to him. The tall person, the chief justice broke into laugher and asked the bench secretary to trace and bring the gentleman in his chamber. Perhaps the gentleman was still out side the chief justice chamber. As soon as he entered, the chief justice expressed regret to him and pleaded his ignorance that the cap is worn to show respect. Soon, the gentleman after being happy from the reprimand made by the chief justice was again called to request him to be in the courtroom soon after the lunch. Justice Gyanendra Kumar was curious as to why the chief justice was insisting to have the gentleman in court. On being inquired the chief justice Mootham observed:- " He has been reprimanded in court by me and therefore he deserves an apology from chief justice in the court itself. Later the chief justice apologized in court itself. This has been never seen or heard by any judge about such gesture even to a lawyer when there is no good ground for reprimand." HOW CAN SUCH A JUDGE, THOUGH HE RETIRED IN 1961 CAN GO OUT OF MEMORY OF THOSE WHO HAVE SEEN HIM WORKING IN COURT AND OUTSIDE". The last glimpse of chief justice Mootham was seen at his farewell dinner when he rose to shake hands with each one of Advocates participating in the dinner.. The chief justice said that he refuses to take notice of the political affiliations of lawyers or their complexion and after this chief justice burst in laughter and shook left hand.
The third article published on 31st August, 2000 was about Justice Raghubar Dayal, Advocate has written that he open his submissions by using a phrase from the privy council’s judgement without referring to it. He said that the learned District Judge has carved out an new case for which no place was found in pleading! Justice Raghubar Dayal did not open the file and remarked - if counsel have learned to use this kind of language so early in life, he would land himself in disaster. Advocate immediately apologized. He said that he has escaped his lordship wrath and will have a chance before another judge, but justice Dayal said to him that he might present in the courtroom at 10.00 A.M. as this case will be taken as part heard case. Justice Dayal was tensed and his earlier day’s annoyance was apparent. Advocate said that he was relying Privy Council judgement where the judicial committee has used the same language. He said that he was conscious that he did not know English to well, yet he use such word, which were used by Privy Council. Justice Dayal admitted the appeal, but refuse to exercise discretion for staying the decree for demolition. He has written that his indiscreet use of language cause lost to his client. The house of the client was demolished but Advocate has written that he has repented this incident through out his life as to find out where he was wrong. Justice Raghubar Dayal, who retired in 1960 as the judge of Supreme Court, still had the great respect from Advocate, as he never committed such mistake through out his life.
Yogesh Kumar Saxena
Advocate, High Court
H.I.G.203, Preetam Nagar, Sulem sarai, Allahabad-211001
yogrekha@gmail.com, yogrekha@rediffmail.com, yogrekha@yahoo.co.in
Founder President- World Citizenship Group Foundation, Swami vevekanand world ethical foundation,
Executive Member- World Parliament Experiment conference 2008 at Bonn (germany),
Vice President- Geeta Asharam International Cheritable Trust, Rishikesh, Pauri Garhwal
Ex Vice President- Advocate’s Association, High Court, Allahabad
"Life is a shylock; always it demands. The fullest usurer’s interests for each pleasure Gifts are not freely scattered by its hand. We made returns for every borrowed treasurer. Each talent, each achievement and every gain me necessitated some penalty to pay. All you bestow on causes or on men of love or hate of malice or devotion somehow and sometime shall be returned again. This was the lesson in my life. There is no waste toil, no lost emotion. The motto of the world is to give and take. It gives you favour out of sheer goodwill but unless a speedy recompense you make you will find yourself presented with its bill". "Competition is a struggle for existence because there is always be survival of the fittest". "Every Act and every inquiry and similarly every action and pursuit, given by him was thought to aim at some good, and for this reason, the good has rightly been declared, to be that, at which all things aim. But a certain difference is found among ends". For him "For best was he who knows all things himself good, he that hearkens when men counsel right. But he who neither knows, nor lays to heart another wisdom, is a useless night".
Seldom I feel that there was some thing wrong with me in association with other, but still I felt difficulty in expressing my resentments. This is difficult to express an opinion as to what is the correct approach; as to whether I should keep silent; or I should react over the situation. It was realised that the best way was to adopt an apathetically behavior toward every situation, but at the same time, I feel that I have lost my identity and in this situation I feel a lot of disturbances. From there I have started my interactions towards the behavior and other associated activities, which was directly or indirectly associated with my life.
Seldom the people think that they know something but when they start searching for it then they find that it is missing the manner to which they knew. This is the beginning of the legal profession. The greatest virtue in legal profession is to create and enjoy at the same moment. The people do not readily except the superiority of the other intelligent person and as such these people are always remain in controversy. The simple reason of the superiority was lying in his brevity of thought and the discussion to the point on the subject. He was a great learner and a great scholar in his contemporary period. I have seen him with tears in his eyes before his clients when he was informed that the family of the client is passing through financial constraint. The pain was apparent and was being chafed again and again before it can heel by his guidance on number of the occasions in my life.
With regard to Justice and injustice to an individual’s opinion assessments, we must consider the kind of action, it’s means and the justness for considering its effect and solution. Thus the justice is always represent in corresponding sense. I have seen him in association of some advocates who are ideologically antagonistic to his opinion, but from the very inception, a heterogeneous conglomeration of disparate and desperate interests designed mainly hedge against common enemy on both the constituents. There is no one having the perfection, but certainly some of the individuals may have risen to the heights, if they may start thinking in the perfect manner and convey the idea generated through such experiences with the same precision. This is very rare in the life of an individual to have the correct analysis of his perceptions with the desire, aptitude and knowledge in adequate representations.
This was not a manifestation, to lost the bread earner in family at my age of 19 years; and thereafter to complete law examination at 20 years 6 months of age and there after supervision of agriculture activities for 10 years from 1971 onwards; and then joining the legal profession at High Court, but the real acknowledgement of the potential of an Advocate. There are the reflections of the memories in my mind, when I have seen him conducting the arguments from 1974 onwards. I have started practice after being enrolled as an Advocate in 1974. During the intervening period, since, I was involved in number of problems associated towards my responsibility of supervising 75 Acre agriculture land required to be cultivated, after converting to it’s potential from barren land to profitable agricultural land .The reason for looking after the said land was due to the sudden death of my father in the year of 1971,who died a premature death leaving behind my mother, my elder brother, myself and a younger sister. Since I could not continue my practice at Allahabad & I shifted to District Court due to family responsibilities, I could not see him conducting the argument at High Court for a long duration. This was in year of 1978, when I visited any chamber for seeking guidance. I have visited in his chamber with a hope that I may get the adequate response, but the response I got was something beyond my expectations. It was initially to discourage me from joining the profession. He said that why a professional in the same profession will like to provide the potential to another rival in the same profession. Thus to rise up to the heights, what the individual may have attended after hard labour and dedications towards his profession, is the hard labour, dedication, sincerity and devotion to study the law. This reply has come forward with another complement that he may not be misunderstood for what he is expressing to myself regarding his inability to guide me. I immediately got the determination that now I will flight for rising up to the tower of success through my own efforts.
There were very few Advocates, who can speak such a bitter truth before junior colleagues for giving them a boosting response. To rise through struggle by his own efforts and the individual is not required to have the crutches of other person to provide the support to his body. This was a very valuable advice given to me , which has always provided me a lot of confidence and inclination for struggle. This has become the guidelines to provide a contribution in due discharge of the professional responsibility. These personality track fallow in its carving out through experience of adversities else they simply comes through cultivation of opinion and is being stimulated through notional ideology of Isolated doom and perform predominant role in it’s development. This is also a symbol of self-made man personality.
.
I have seldom realised, that, whenever I used to criticize the provision of the constitution inviting the unprecedented litigation before High Court. Senior Advocates were used to react in the same manner by conveying his protest that in case if he possessed a paperweight, he could have thrown it for hitting on my body. This was simply due to the reason that without even learning to the provisions I had started giving my opinion after joining the profession, which was intolerable to him. This is the incident in the previous years, when I first visited Allahabad High Court as an Advocate and started gossiping with such a senior Advocate .The cultivation of moral foundations is called our cultural heritage.
On 2nd August 2000 he wrote an article in daily newspaper titled as ‘Those were the days’- the last English Chief Justice Orby H. Mootham.. His reminiscences of about 50 years, right from the period of the English judges to the present scenario. It has been said that those judges were mature, modest and commanded the respect by their very entry in the courtroom. There gesture of kindness to the lawyers and courteous dialogues used to blush out of their modesty even if their faces looked red and they were scared in the moment. They entered the courtroom right at 10.00 A.M. never before or a second afterwards. The chief justice was so cordial, warm and affectionate that this was the etiquette of high constitutional functionaries. The unusual dissent conduct with a strange warmth decency of Chief Justice Mootham was continued to remember even after his death to heavenly abode from this world.
The second article published on 9th August 2000. ‘When Chief justice Mootham apologized to a litigant’. Chief justice Mootham entered the court smilingly, but became tense and pointed out to the Bench Secretary for the impropriety of behavior of a litigant, a gentle man who was sitting in the fifth or sixth row wearing a head-gear. The gentleman has removed his cap. The moment the functioning started, the chief justice regained his usual pleased posture, but the irritation was again visible, when he saw the gentleman recapped his head. However, when the orderly went towards the gentleman he voluntarily removed his cap. This was perhaps by reflexes that he wore the cap once again. The chief justice stopped functioning and asked the court officer to act upon and thereafter the gentleman was asked to leave the courtroom. It was per by chance that one contemporary Advocate went to chief justice’s chamber to make a mention. Justice Gyanendra Kumar was present in chief justice chamber. The chief justice in a most inimitable style asked, whether he had seen the gentleman, who despite been told not to wear the cap, defied the advice of the bench secretary. The chief justice has also said that the gentleman looked a dissent person, but he wandered why he repeatedly wore his cap soon after removing it. Was it by the defiance to authority of the Court?
Justice Gyanendra Kumar, a very pleasant conversationalist, intervened. He said "Chief Justice", your lordship in the English society, people take off a hat to show courtesy, but we in this country wear a cap to show our respect. Thus the gentleman was only trying to repeat his gesture of respect. The chief justice perhaps never knew it otherwise this was not causing irritation to him. The tall person, the chief justice broke into laugher and asked the bench secretary to trace and bring the gentleman in his chamber. Perhaps the gentleman was still out side the chief justice chamber. As soon as he entered, the chief justice expressed regret to him and pleaded his ignorance that the cap is worn to show respect. Soon, the gentleman after being happy from the reprimand made by the chief justice was again called to request him to be in the courtroom soon after the lunch. Justice Gyanendra Kumar was curious as to why the chief justice was insisting to have the gentleman in court. On being inquired the chief justice Mootham observed:- " He has been reprimanded in court by me and therefore he deserves an apology from chief justice in the court itself. Later the chief justice apologized in court itself. This has been never seen or heard by any judge about such gesture even to a lawyer when there is no good ground for reprimand." HOW CAN SUCH A JUDGE, THOUGH HE RETIRED IN 1961 CAN GO OUT OF MEMORY OF THOSE WHO HAVE SEEN HIM WORKING IN COURT AND OUTSIDE". The last glimpse of chief justice Mootham was seen at his farewell dinner when he rose to shake hands with each one of Advocates participating in the dinner.. The chief justice said that he refuses to take notice of the political affiliations of lawyers or their complexion and after this chief justice burst in laughter and shook left hand.
The third article published on 31st August, 2000 was about Justice Raghubar Dayal, Advocate has written that he open his submissions by using a phrase from the privy council’s judgement without referring to it. He said that the learned District Judge has carved out an new case for which no place was found in pleading! Justice Raghubar Dayal did not open the file and remarked - if counsel have learned to use this kind of language so early in life, he would land himself in disaster. Advocate immediately apologized. He said that he has escaped his lordship wrath and will have a chance before another judge, but justice Dayal said to him that he might present in the courtroom at 10.00 A.M. as this case will be taken as part heard case. Justice Dayal was tensed and his earlier day’s annoyance was apparent. Advocate said that he was relying Privy Council judgement where the judicial committee has used the same language. He said that he was conscious that he did not know English to well, yet he use such word, which were used by Privy Council. Justice Dayal admitted the appeal, but refuse to exercise discretion for staying the decree for demolition. He has written that his indiscreet use of language cause lost to his client. The house of the client was demolished but Advocate has written that he has repented this incident through out his life as to find out where he was wrong. Justice Raghubar Dayal, who retired in 1960 as the judge of Supreme Court, still had the great respect from Advocate, as he never committed such mistake through out his life.
Yogesh Kumar Saxena
Advocate, High Court
H.I.G.203, Preetam Nagar, Sulem sarai, Allahabad-211001
yogrekha@gmail.com, yogrekha@rediffmail.com, yogrekha@yahoo.co.in
Founder President- World Citizenship Group Foundation, Swami vevekanand world ethical foundation,
Executive Member- World Parliament Experiment conference 2008 at Bonn (germany),
Vice President- Geeta Asharam International Cheritable Trust, Rishikesh, Pauri Garhwal
Ex Vice President- Advocate’s Association, High Court, Allahabad
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