Chai Khana

It is luck again when you remain cool!

Most probably it was 1999. A client, an MES engineer, approached me for getting stay on his transfer order. I studied his brief. There was no violation of any policy. Rather it was a very delayed transfer order. I told him “Hopeless”. But he insisted. I filed the petition in High Court. It was dismissed on the very first date. But he insisted on filing an LPA before Division Bench. Paid me handsome fees again. I filed. It was listed the very next day before the DB headed by Chief Justice in supplementary list. I had another matter before that in the same very list where I was to appear for the respondent being on caveat to oppose an appeal filed against the judgement delivered by the single bench in my another client’s favour. The appellant, in that case, was a handicapped girl whose admission in MBBS had been quashed by the single judge in the petition filed by my client. When that appeal was called up by the reader, that handicapped girl stood up to gain sympathy of the Chief Justice who was a very noble soul and the crafty lawyer on the appellant side knew this very well; so he must have advised his client accordingly. When I started opposing the appeal with all my force, the Chief Justice practically rebuked me; it appears that the trick of the appellant’s lawyer had played well on the emotional Judge. He admitted her appeal and stayed the judgement passed in my client’s favour. I was very upset with the Judge’s conduct but remained cool and composed. After two/three matters the other appeal (of my engineer client) was called up. I mustered enough strength to stand up and face the wrath of the Chief Justice who was annoyed with me in the previous case. But to my surprise the Chief Justice without opening the file dictated a short order and stayed the transfer order of my client in that meritless and hopeless case. In fact the Judge was mitigating his own guilt towards me as he had rebuked me in the earlier case, not for any misconduct on my part but just moved by the plight of that handicapped girl whose appeal was being opposed by me! The client remained posted at his place of posting until he manipulated his posting to a better place. In fact, he had approached me about nine months later to withdraw his appeal as he was being offered a posting to a better place. Luck of the client played its role again!

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Advocate Sakal Bhushan practiced law at Jammu and Kashmir High Court at Jammu for a couple of decades before moving to New Delhi where he is an Advocate at the Delhi High Court and the Supreme Court of India. He frequently comments on matters related to law, constitutional and legislative affairs. Mail him at and follow him on Facebook

 

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