Court Cuts: ‘Bloody’ makes Chandrachud J experience ‘lowest point in SC history’ • Misra J talks amicus Vibhishana • Gopal likens Sibal to Marc Antony

Gopal Subramanium invokes Mark Antony after Chandrachud J experiences ‘lowest point in modern history of SC’
Gopal Subramanium invokes Mark Antony after Chandrachud J experiences ‘lowest point in modern history of SC’

The hearing of the Board of Control for Cricket in India (BCCI) reform case before Justice Dipak Misra-led bench this afternoon in Supreme Court room number 2, as expected, did not lead to any tangible outcome.

The curtains are still not down on the controversy over the composition of the committee of administrators in place of the previous administration, which was sacked by the Court on 2 January. The bench, which included justices AM Khanwilkar and DY Chandrachud, decided that it would invite more sealed covers with suggestions of who could be administrators, and scheduled one more hearing on 30 January.

But the bench did not lose the opportunity to go off on tangents on a number of occasions, if only to relieve the tension between rival counsel.

It all started when senior counsel, Vikas Singh wanted to argue but was denied the opportunity by the bench, because of what he had said at the last hearing on 20 January.

A slip of the tongue by him that day - he had used the word ‘bloody’ - had apparently irritated Justice Chandrachud to such a degree that he could not digest it even today.

When Vikas Singh had said ‘bloody’, he had immediately apologised for it, even before others could point it out.

But Justice Chandrachud expressed his displeasure on the 20th, and today he went further and noted “it was the lowest point in the history of the modern Supreme Court”.

To this, Vikas Singh complained today that Justice Chandrachud was so pained by his slip of the tongue, that the judge did not want to hear him any more.

Just at that point, Justice Dipak Misra, allowed another advocate, VK Biju, to make submissions in favour of the Lodha committee recommendations. Misra told Biju that the bench was hearing him, because he was maintaining decorum.

In an obvious reference to Vikas Singh, Misra said that once you utter a word, you don’t have control over black humour, and added a few more synonyms like it, and asked: “Shall I go on?”

Misra then stopped, finding the court not prepared to continue to hear him on this.

But that did not stop Misra from asking the question of who the first amicus in the case was. Promptly answering his a rhetorical question himself, Misra said the first Amicus was Vibhishana, who had cautioned his brother, King Ravana, not to confine Hanuman in Lanka, instantly making everyone laugh.

Then came the turn of actual amicus, Gopal Subramanium, who described Kapil Sibal (who was appearing for state associations) as Mark Antony, of Julius Cesar (real life and the Shakespeare play) fame.

When Misra asked why he had described Sibal as the Roman statesman, Subramanium said he did so, because of his “silver tongue”.

Sensing an opportunity, Misra could not resist again undertaking a brief detour into literature, and also Shakespeare.

Misra’s strategy of again going off on a tangent in the middle of a serious discussion appeared to have achieved its purpose, with both Sibal and attorney general Mukul Rohatgi agreeing with Misra that whether they win or lose, consistency of behaviour and decorum are the pillars of the court’s tradition, and they would defend it, whatever the outcome in this case.

Comments

Bombay High Court Watc 24 Jan 2017, 23:35
+38 -6
the lowest point in the history of the Supreme Court of India is the judgement of Justice YV Chandrachud in ADMJabalpur. Please do not revise history Dhanjaya.
The Point 25 Jan 2017, 09:51
+15 -1
I am sorry, but perhaps the lowest point in the history of the Supreme Court of India was when there was the supersession of three senior judges after the declaration of the majority judgment in the famous Kesavananda Bharati case.
Watching From Bombay 30 Jan 2017, 06:50
+3 -0
I objected my mistake. I wanted to "like this". My lowest point in LI so far.
what-chin! 30 Jan 2017, 13:02
+0 -1
....ooh this mistake may be a new low indeed!
Watching From Bombay 30 Jan 2017, 06:49
+1 -0
I agree with you 100% about what would be the lowest point of the Supreme Court.
Indeed most lawyers and jurists acknowledge that ADM Jabalpur was the lowest point in the history of the Supreme Court.
SC of Somalia 25 Jan 2017, 08:54
+11 -4
Lowest point in the history was when SC canteen stopped selling coffee milkshake during summer.
Old Timer 25 Jan 2017, 16:31
+7 -3
ADM Jabalpur dealt with basic human rights of Indian citizens. Justice YV Chandrachud was the Government Pleader in the Bombay High Court. He was always aware of police mistreatment. During the Emergency he was told of police mistreatment of detainees under MISA in Maharashtra.
Despite his experience he held that a prisoner did not have the right to habeas corpus: That the police were not even required to bring the detainee before the court. It was a shameful judgement, that was prompted by his over arching ambition of becoming the longest serving Chief Justice of India. Chandrachud's "diamond bright diamond hard hope" that detainees will not be mistreated became a joke among Bombay High Court lawyers.
By the way, the son is also driven by his sole ambition of becoming the CJI.
Logical 27 Jan 2017, 13:57
+3 -1
Agree completely. One should forgive once the counsel has apologized. Very unbecoming of the SC judges who themselves are not above board. From the legally India reporting it seems the Judges also cannot focus on the key issues in question and are wasting the tax payers money. None of the judges on the bench are above board (as per court room gossip).
Bombay High Court Watc 28 Jan 2017, 22:14
+1 -1
Justice HR Khanna’s dissenting judgment in ADM Jabalpur is the best judgement given by any Judge of the Indian Supreme Court. His appeal to “the brooding spirit of law” and “the intelligence of the future” has withstood the test of time. It cost him the CJI but has earned him legendary status in the annals of the judiciary of Independant India. Chandrachud's diamond bright diamond hard judgement in that has been flushed down the garbage bin of history.
Guest 26 Jan 2017, 11:39
+0 -0
Kian media is reporting that following passage of IIM Bill other institutions will get autonomy. Please ask some VCs if NLUs will now seek autonomy and status of institution of national importance.

http://www.dnaindia.com/academy/report-centre-reiterates-autonomy-plan-for-more-edu-institutes-2296195
off course 3 Feb 2017, 12:30
+0 -1
Already national law schools have become domes of atrocity, maladministration, illegal appointments, contracts, discrimination, nepotism, victimization, marginalization, pillars of injustice. If you give more autonomy that will be the end of the day.