Justice Is Virtue

Here is not to make reply; Here is not to reason why; Here is only do and die.

Sun Flower
Whether thy strength been confined, Which was accumulated through out the night; Yours scorching heat and its stroke, Was faced by Brave flower during daytime; Imagine thy the extend of severe pain, You gave to him by rising from the east, o sun; By making the attack from the backside, An attempt to deceive likes a cowardice friend, But still then such excessive below, Could not burnt the patels of thy delicate flower, Who may visualized thy pain o sunflower;

Life Struggle
Defeating me in thy race of life, You were feeling much happy; But when you proceeded a little further, You found many ahead of yours; Then you started waiting for me, As I may conquer you once again; But I always remaining standstill, Got thy people running and running; To an unknown path leading no where, Seldom trailing in thy everlasting race; Realizing sadness and happiness at times, Now you started waiting lying beneath the tree; In expectations as I started conquering you, But I remained myself standstill and calm; While instigated other for getting up to run, Thereafter given them an everlasting sleep; Now by retreating back from the beginning, You may realize the truth and identify me;

Journey Of Life
Passengers travelling inside the Bus, Children perturbed, young disturbed; But the old people are waiting, In order to reach their destination; Children are seeing those vehicles, Which have been punctured on its routes; Watching them changing their wheel, Laughing and enjoying innocently like a fool; Younger is busy in searching individuals, Carrying the worry identical to their own; But the old people are waiting hopelessly, In order to get the completion of their journey;

Starting Point
I got my object of life at the same point, Where I have given up the same; In the same passage of darkness, Which are still containing inside my memories; I instigated the other to make a search, To know the substance of their life; In brightness amongst the gospel truth, But ultimately I got it in the droplet of water; Upon the cheeks of the labour, hard work and struggle, In the rising sun and midst of the steam of river;

The Glass Of Water

I am a pot made up of glass, Which has got its own identity; Different from many other person, who are not visualized from their out side; I seldom filled up with a cup of the milk, Sometimes with the juice of the fruits; Seldom with the wine inside there, But my contents never affected me There are many other pots outside there, I do not know the contents thereof; Neither the quantity, nor the quality of them, Often I tried to hide my contents; I found myself completely helpless, As I am the glass of water with an object of life; In my childhood, my teacher taught it to me in the classroom that What ever you do; Do with your might; that is the way to be healthy, wealthy, and wise. Subsequently, there after my father told me just few months before his death when I completed my 18 years of age that Thou thy path be dark as sky; There is a star, thy path to guide, So trust in god and do the right . By the gradual process of up and downs in my life, I could have been able to learn through my experiences that what we may be able to get through the grace of god are not the scattered love, nor the success and wealth but the knowledge. Thus I have started worshipping the almighty with the following prayer. O, gods to thee I pray increase my knowledge day by day. It is only now after attending the respectful command amongst the members of the Bar and Bench that I have started thinking that all these notions in my life are based on the correct foundations. This is my firm determination that what ever I may be able to achieve in my life that will be dependent on the out come of my efforts on these guidelines and none else. Notwithstanding, there are the fluctuations in the formation of these notions, which provides me a sense of mental agony, frustration and disappointments in life. There is the profound bleeding at my heart on the psychologically region which seldom gives me an effect of chafing of the wound before it can be healed. This is the painful reminder of the lost empire, which was built on solid foundation. It is gradually obliterating. The plights of such advocates are remarkable in respect to their struggle, which have nobody to support them. These advocates are put to the disadvantageous position in their struggle for existence. They are not having the shelter to protect their head nor any guardian to guide them. There is no sympathy with these advocates, who have settled from outsides. Since, the adversities are the touchstone of brave mind, they keep on doing the struggle and by the passage of time, they may enjoy a respectable position at Bar. The crucial conditions are still having their predominating conditions in the legal profession. This is on account of their nonadaptability in the profession by such fundamentalist elements, which provide the top priorities to the conservative approach instead of liberal out look towards them. There is the negligent proportionate of representations in the elevation prospects as the members of the Bench. The names are recommended on the advises of the senior judges. Thus the predominating factors in the orthodox Indian society are seen on floor of choice. The unfortunate newcomer from the outside, who have the better experiences towards the problems of life, are put to the disadvantageous situation in the matter of their selection. This is the hard reality of the day after the changes in the selection procedure by the judgement of the Apex court. This is the cause of the resentment of the large members of Bar Association. There is an iron cage, not having any ventilation and people are living in the state of suffocation, virtually on the verge of their death point. There is a complete apathy of the custodian of the power towards their welfare and in our country "We, the people " who are regarded to be the sovereign of the nation are living a life full of abrogation and subjugation. I seldom consider that whether it is worthwhile to shout a voice and thereby invite some lighter sleeper to suffer the agony of the death and this purpose achieved through my writing may serve some purpose. Since the daylight shallow the darkness, I have written articles to take the intellectual from apathetically approach towards rectification of prevailing maladies as to wake up. I am sending herewith my some articles for being displayed by your good self. Justice is a virtue, which transcends all barriers in the way of administration of justice. This is the acknowledged position of law that no party can be forced to suffer for the inaction or omission on the part of law enforcement agencies and whosoever he may be strong. Every decision will be passed according to the procedure established by law. Thus the law has to bend before justice. No court can restore the broken heart of the justice and he should provide such protection, which is necessary for them like dutiful parents. The decision may not be repugnant to the normal concept and the basic unit of the society may not be allowed to be influenced by immorality. Thus the ultimate responsibility is by enunciating the foundation of a system on which administration of justice may get the public confidence in our judicial system. The just and social duty is cast upon the legal profession. This is possible by the conduct and action of the people associated with legal profession by obliterating

the inequalities as uneducated and exploited mass of the people may get a helping hand. What is legally due is to serve the duty and it is not worthwhile for an Advocate to become the spokesman of the litigant irrespective of the fact whether his cause is meant for sponsoring the justice to the society at large. The conduct anticipated in this manner is befitting from his status by upholding the high and honorable profession. There are the high expectations from, and advocate, which is fair, reasonable and according to law. There is the gradual decay of the above noted standard and the participation in the legal process, which should have been conducted completely flawlessly, and foolproof, they are picking out the lapses by expressing unsavory criticism. The consistency is now been considered as no virtue and the obligation of judicial conscience, which was meant to correct the error is manifesting like uncontrolled epidemic. This is the reason why the legal profession is not been accepted as a noble profession. The proceedings are dependent upon the remedies available under the law. Every act of statutory body which must have been exercised by keeping the purpose and objective meant for enshrine the statutory power with the authority should have been exercised by keeping the object of such power which is meant by the statute and not with other extraneous consideration, otherwise the fraud will be perpetuated and the faith and belief shall not be subjected to any judicial scrutiny. Thus an accountability is must whenever as wrong is corrected. Some time in such matter of adjudicating without any valid cause, the court unwittingly becomes party to the miscarriage of justice. The judiciary is an ultimate interpreter of the constitution, which is assigned with a duty of the delicate task ensuring that the action of the authorities vested with the statutory power may not breach or transgress its limit. It is distressing that an unscrupulous litigant in order to circumvent the due administration of justice of the court seldom found by adopting a dubious recourse of ingenious methods. These includes the filing of fraudulent litigation to defeat the right of the other person and such tendency deserves to be curbed out by passing the appropriate orders to provide a check upon such unhealthy practice and also by issuing necessary directions including imposition of exemplary cost. This is required for strengthening the belief of the common man in the institution of the judiciary. Creation of such faith may result in reaching the excellence in the profession. The credibility of the judicial institution is founded upon the faith of the common man in its proper functioning. The faith would be eroded and the confidence destroyed if the officials deployed with statutory duties may start acting subjectively and not objectively. Society expects honesty and integrity and thus the official must be taught to act fairly, unbiased and impartially. The purpose of the court is to see that the society does not loose confidence and as such the court itself may not consider themselves that they are above the law. In appropriate cases even the court may find to pull down the shutters of adjudicatory jurisdiction before a party if his conduct is not subjected to be entertained against the so called grievances which is not genuine. The exercise of judicial discretion is founded on the well recognized principles established by law . The menace of frivolous litigation may not be permitted to be hidden under the rigmarole of legal technicalities. The realities of the life have to be kept in mind while appreciating the evidence. The court is not oblige to make efforts to protect the guilty of polluting society and man kind. Thus in exercise of the constitutional power of the High court, the endeavor should have not been given for impairing the cause of justice by the court itself. The legal profession of an advocate is certainly having certain professional obligation, which are distinguishing from the business commitments. Thus if the court may not participate in the activities of providing justice at large, it is not permissible to get the injustice permitted by it by entertaining the frivolous litigation and to make them burden some to a common people. Rectification of an order thus stems from the fundamental principles that justice is above all. It is exercised to remove the error and not for disturbing finality. Neither the rules of procedure nor technicalities of law can stand in its way. The order of the court should not be prejudicial to anyone. Rule of stare decisis is adhered for consistency but it is not as inflexible in administrative law as in public law. Even the law bends before justice. Entire concept of writ jurisdiction exercised by the higher courts is founded on equity and fairness. If the court finds that the order was passed under a mistake and it would not have exercised the jurisdiction. The erroneous assumption that in fact did not exist and its perpetration shall result in miscarriage of justice then it cannot on any principle be precluded from rectifying the error. Mistake is accepted as valid to recall an order. The foundation of the judiciary is the trust and the confidence of the people in its ability to deliver fearless and impartial justice and as such no action can be permitted which may shake the very foundation itself. The rule of law is the foundation of a democratic society. The judiciary is the guardian of the rule of law and if the judiciary is to perform its duties and functions effectively and remain true to the spirit with which it is sacredly entrusted, the dignity and authority of the courts has to be respected and protected at all costs. Justice is supreme and justice ought to be beneficial for the society so that the society is placed in a better-off situation. Law courts exist for the society and ought to rise up to the occasion to do the needful in the matter, and as such ought to act in a manner so as to sub serve the basic requirement of the society. It is a requirement of the society and the law must respond to its need. Judicial discretion cannot be guided by expediency. Courts are not free from statutory fetters. Justice is to be rendered in accordance with law. Judges are not entitled to exercise discretion wearing the robes of judicial discretion and pass orders based solely on

their personal predilections and peculiar dispositions. Judicial discretion wherever it is required to be exercised has to be in accordance with law and set legal principles. Judicial function cannot and should not be permitted to be stonewalled by browbeating or bullying methodology, whether it is by litigants or by counsel. Judicial process must run its even course unbridled by any boycott call of the Bar, or tactics of filibuster adopted by any member thereof. Justice means justice between both the parties. The interests of justice equally demand that the guilty should be punished and that technicalities and irregularities that do not occasion failure of justice are not allowed defeating the ends of justice. Principles of natural justice are but the means to achieve the ends of justice. They can not be perverted to achieve the very opposite end. That would be a counter-productive exercise. Law is a living organism and its utility depends on its vitality and ability to serve as sustaining pillar of society. Contours of law in an evolving society must constantly keep changing as civilization and culture advances. The customs and mores must undergo change with the march of time. Justice to the individual is one of the highest interests of the democratic State. Judiciary can not protect the interests of the common man unless it would redefine the protections of the constitution and the common law. If law is to adapt itself to the needs of the changing society, it must be flexible and adaptable. Law is a social engineering and an instrument of social change evolved by a gradual and continuous process. History and customs, utility and the accepted standards of right conduct are the dorms which singly or is combination shall be the progress of law. Law is the manifestation of principles of justice, equity and good conscience. Rule of law should establish a uniform pattern for harmonious existence in a society where every individual would exercise his rights to his best advantage to achieve excellence, subject to protective discrimination. The best advantage of one person could be the worst disadvantage to another. Law steps ion to iron out such creases and ensures equality of protection to individuals as well as group liberties. Mans status is a creature of substantive as well as procedural law to which legal incidents would attach. Justice, equality and fraternity are trinity for social and economic equality. Law is the foundation on which the potential of the society stands. Law is an instrument for social change as also defender for social change. The power of judicial review of the executive and legislative action must be kept within the bounds of constitutional scheme. There may not be any occasion to entertain misgivings about the role of judiciary in outstripping its limit by unwarranted judicial activism being very often talked of in these days. The democratic set-up to which the policy is so deeply committed cannot function properly unless each of the three organs appreciate the need for mutual respect and supremacy in their respective fields. When the misuse is within tolerable limits, no uproar is heard, no media publication is seen. But when the magnitude of misuse assumes a menacing proportion, outburst of various types becomes noticeable and then a scam surfaces. A lawyer owes a duty to be fair to his client, but also to the court as well as to the opposite party in the conduct of the case. Administration of justice is a stream, which has to be kept pure and clean. It has to be kept unpolluted. Administration of justice is not something, which concerns the Bench only. It concerns the Bar as well. The Bar is the principal ground for recruiting Judges. No one should be able to raise a finger about the conduct of a lawyer. While conducting the case he functions as an officer of the court. The legal profession is a solemn and serious occupation. It is a noble calling and all those who belong to it are its honourable members. Although the entry to the profession can be had by acquiring merely the qualification of technical competence, the honour as a professional has to be maintained by its members by their exemplary conduct both in and outside the court. The legal profession is different from other profession in that what the lawyers do, affects not only an individual, but the administration of justice which is the foundation of the civilized society. Both as a leading member of the intelligentsia of the society and as a responsible citizen, the lawyer has to conduct himself as a model for others both in his professional and in his private and public life. The society has a right to expect of him such ideal behavior.If the profession is to survive, the judicial system has to be vitalized. No service will be too small in making the system efficient, effective and credible. It is fundamental that if rule of law is to have any meaning and content, the authority of the court or a statutory authority and the confidence of the public in them should not be allowed to be shaken, diluted or undermined. The courts of justice and all tribunals exercising judicial functions from the highest to the lowest are by their constitution entrusted with functions directly connected with the administration of justice. It is that expectation and confidence of all those, who have or are likely to have business in that court or tribunal, which should be maintained so that the court/tribunal perform all their functions on a higher level of rectitude without fear or favour, affection or ill-will. The Judges are participants in the living stream of national life, steering the law between the dangers of rigidity on the one and formlessness on the other hand in the seemless web of life. The great tides and currents which engulf the rest of the men do not turn aside in their course and pass the judges idly by law should sub serve social purpose. Judge must be a jurist endowed with the legislators wisdom, historians search for truth, prophets vision, capacity to respond to the needs of the present, resilience to cope with the demands of the future and to decide objectively disengaging himself/herself from every personal influence or predilections. Therefore, the judges should adopt purposive interpretation of the dynamic concepts of the constitution and the Act with its interpretative armory to articulate the felt necessities of the time. The judge must also bear in mind that social legislation is not a document for fastidious dialects but a means of ordering the life of the people. To construe law

one must enter into its spirit, its setting and history. Law should be capable of expanding freedom of the people and the legal order can, weighed with utmost equal care, be made to provide the underpinning of the highly inequitable social order. The power of judicial review must, therefore, be exercised with insight into social values to supplement the changing social needs. The Judge can not retain his earlier passive judicial role when he administers the law under the Constitution to give effect to the constitutional ideals. The extraordinary complexity of modern litigation requires him not merely to declare the rights to citizens but also to mould the relief warranted under given facts and circumstances and often command the executive and other agencies to enforce and give effect to the order, writ or direction or prohibit them to do unconstitutional acts. In this ongoing complex of adjudicatory process, the role of the judge is not merely to interpret the law but also to lay new norms of law and to mould the law to suit the changing social and economic scenario to make the ideals enshrined in the Constitution meaningful and a reality. The society demands active judicial roles, which formerly were considered exceptional but now a routine. The Judge must act independently, if he is to perform the functions as expected of him and he must feel secure that such action of his will not lead to his own downfall.

LOVE,SUCCESS AND WEALTH IN LIFE A woman came out of her house and saw 3 old men with long white beards sitting in her front yard. She did not recognise them. She said "I don't think I know you, but you must be hungry. Please come in and have something to eat. "Is the man of the house home?, they asked "No", she said. "He's out." Then we cannot come in", they replied. In the evening when her husband came home, she told him what had happened. "Go tell them I am home and invite them in!" The woman went out and invited the men in. "We do not go into a House together," they replied. "Why is that?" she wanted to know. One of the old men explained: "His name is Wealth," he said pointing to one of his friends, and said pointing to another one, "He is Success, and I am Love. "Then he added, "Now go in and discuss with your husband which one of us you want in your home." The woman went in and told her husband what was said. Her husband was overjoyed. "How nice!!", he said. "Since that is the case, let us invite Wealth. Let him come and fill our home with wealth!" His wife disagreed. "My dear, why don't we invite Success? "Their daughter-in-law was listening from the other corner of the house. She jumped in with her own suggestion: "Would it not be better to invite Love? Our home will then be filled with love!" "Let us heed our daughter-in-law's advice," said the husband to his wife. "Go out and invite Love to be our guest." The woman went out and asked the 3 old men, "Which one of you is Love? Please come in and be our guest." Love got up and started walking toward the house. The other 2 also got up and followed him. Surprised, the lady asked Wealth and Success: "I only invited Love, Why are you coming in?" The old men replied together: "If you had invited Wealth or Success the other two of us would've stayed out, but since you invited Love, wherever He goes, we go with him. Wherever there is Love, there is also Wealth and Success!!!!!!" MY WISH FOR YOU... Where there is pain, I wish you peace and mercy. Where there is self-doubting, I wish you a renewed confidence in Your Ability to work through them. Where there is tiredness, or exhaustion, I wish you understanding, patience, and renewed strength. Where there is fear, I wish you love, and courage.
Written by YOGESH KUMAR SAXENA ADVOCATE HIGH COURT CHAMBER NO.139, HIGH COURT, ALLAHABAD R/O-H.I.G.203, PREETAM NAGAR, ALLAHABAD PHONE-2637720/2436451