Recently the Supreme Court had asked a petitioner who had approached the Court under Article 32 seeking protection against police action, to approach the High Court by way of Article 226. RAJU Z MORAY pens a poem lamenting how the judicial process makes a person facing police custody run from one court to another. The SC asks the petitioner to approach the High Court and the High Court, in turn, tells the petitioner to knock on the Magistrate's door.
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For those persecuted
With no relief in view
The fundamental remedy
Is the trusted Article 32
But they are baffled
Find themselves in a fix
When mighty Milords say
You go and dial 226
The custodians of 226
Often with blinkered vision
Are adept at advising
Go and explore a Revision
And no one can enter there
By simply walking in straight
One first knocks on the door
Of a First Class Magistrate
Before the Hon'ble Magistrate
The cops are eager for custody
While lawyers cite case-law
On something called Liberty…
The Nation already knows
Where to go and what to do
But the watchdog may bite
Others who ring the bell of 32!
(Raju Z Moray is an advocate who practices law in the Bombay High Court when not puncturing bloated egos. He is the creator of 'Gobble D. Gook', his alter-ego, who figured in the 'Court Jester' columns of 'The Lawyers'.)