Chief Justice Chandrachud: A journey through poems (Mutative Middle)

Part 2 of a curated collection of the very best of Master of Verse Raju Z. Moray on Master of the Roster Justice D.Y. Chandrachud. 

—

Read Part 1 (Bullish Beginning) here.

THE judge and the poet— they share a unique connection. The judge sets the limits of language and the poet tests those limits.

Here is an exclusive compilation of select poems by Master of Verse Raju Z. Moray published in The Leaflet concerning Master of the Roster Justice D.Y. Chandrachud.

These poems nestle a poetic history of the tenure of the 50th Chief Justice of India (CJI), from the high hopes of his initial days to the many diversions, deviations and disappointments.

***

As CJI Chandrachud's tenure progressed, it became clear that he was not the one to take a stand on delays in judicial appointments.

Disappointment

(November 24, 2023)

"Better late than never"
Is small consolation
For those waiting forever

Collegium recommends
Government may ignore
Or at times make amends

Without outright rejection
Files are stalled by "notings"
Or some tenuous objection

Many meritorious get sidelined
If not palatable to the Executive
Judiciary is thus undermined

The wait-listed when appointed
End up losing seniority
And are thus very disappointed

This process leaves a bad taste
And bears recurring testimony
To so many efforts going waste

To bring change there is a way
Which can mitigate a bit
The inherent unfairness of delay

Procrastination in deciding fate
Should result in appointment
From the recommendation date!

***

His inside court/outside court binary continued when he mentioned in a speech that the legal system should move away from being an 'old boys' club'. Yet, of the 17 Supreme Court judges he appointed, not one was a woman.

The Old Boy's Club

(December 03, 2024)

Arbitration status quo
Received a good snub
When Big Chief quipped
It's like an "Old Boys Club"!

Everyone is well aware
That the system is mired
In the monopoly of milords
Who are tired and retired

On every panel one finds
The same wrinkled faces
The well-tried and tested
Going through their paces

Retired judges are busy
Their dates are all booked
Other qualified candidates
Get conveniently overlooked

Even the VP has noted
There is a tight fist grip
On our arbitral system
Milords won't let it slip

Big Chief is being lauded
For his inspiring speeches
He's pushing a vintage car
Let's see where it reaches

Predictability is a virtue
When the stakes are high
'Old Boy milords' are preferred
I don't have to tell you why!

***

A retiring Justice S.K. Kaul added fuel to the fire by telling Prashant Bhushan that he had not deleted a petition on delay in judicial appointments. The CJI must know, he added.

Milord's dilemma

(December 9, 2023)

My guns are now rusty
Yet I would like them to fire
Before ammunition is over
As I am about to retire

I have tried to be compliant
And kept nodding my assent
But it has taken me nowhere
So it is high time I dissent

The Powers act invincible
But I'll show them their place!
Once I'm through with them
They will have to hide face

Thus I was all set for action
With velvet glove and iron fist
But more powerful hands
Have tampered with my cause-list

Though I wanted to roast them
At least put them in the toaster
My power-supply got disrupted
By the master of my roster!

***

The Bar Council of India asked CJI Chandrachud to declare January 22, 2024, the day of the consecration of the Ram Temple at Ayodhya, as a holiday across courts.

Justice Chandrachud (as he was then) was part of the five-judge Bench that had ruled in favour of the Ram Temple trust in a dispute over the land on which Babri Masjid had stood before being illegally demolished. The anonymous judgment held that although there was not enough evidence of a temple having existed at the site, Hindu sentiments were associated with it. Later, CJI Chandrachud would say that he had prayed to god to help him arrive at a decision in the case.

Big Council Chief

(January 19, 2024)

Our Big Council Chief
Loves to air his views
Like the other Big Chief
Loves to be in the news!

They know what clicks
What works just fine
How things fall in place
If they simply toe the line

The latest show planned
Is installing 'life' in 'God'
Non-believers of course
Find such charades odd

But 'the nation' is happy
It doesn't want to know
It will obey the leaders
And enjoy the big show

So Big Council Chief
Wants black coats to pray
And for that they must
All be given a holiday!

He requests Big Chief
For time off to celebrate
And thereby get elevated
To pantheon of the great

Would we be surprised
After the clapping is done
If they decide to change
Black gowns to saffron?

***

Celebrating the 75th year of the Supreme Court, Prime Minister Narendra Modi launched two digital initiatives and a new Supreme Court website for reports from the court to be accessible throughout the country for the "ease of justice".

Diamond jubilee

(February 01, 2024)

What's there to be so pleased?
Is it a matter of great glee?
That our "Supreme Infallible"
Celebrates its diamond jubilee?

The Big Boss and the Big Chief
Together shared a big stage
Next day they were conspicuous
On every channel and front page

We've spent 7,000 crores
Proclaimed the Big Boss
Just to give the poor access
To this game of win and loss

"An empowered judicial system
Is part of a 'Viksit Bharat'
The lid on all colonial practices
Must now be slammed shut"

Let the Supreme Court expand
And open wide its doors
From my side, says Big Boss,
"Here, take these 800 crores!"

Awaken slumbering systems
Let no one now become lazy
Digitisation and technology
Must make litigants lives easy.

With everything telecast live
Big Boss spoke so much that day
That our flummoxed Big Chief
Was left with nothing new to say!

***

In his speeches outside the courtroom, CJI Chandrachud frequently exhorted the judiciary to be fearless and underlined the adage of 'bail is the rule, jail is the exception', but his performance as Master of The Roster, where Bela (Trivedi) became the rule in bail applications of human rights defenders and opposition leaders, let the cup slip between the hand and the lip.

Justice's door

(March 04, 2024)

If some rare trial judges
Are independent and bold
Milords don't appreciate them
'Don't act too smart' they're told!

The system dulls their initiative
So they resign to their fate
And become like the rest
Surviving from date to date.

In any mediocre dispensation
Status quo is considered fine
Personnel are left to move freely
But can never cross the line!

So they all prefer to play safe
Fearing wrath of Big Brother
'If justice needs to be done,
Let it be done by some other!'

Complainants then climb
To the next higher floor
Engaging eager black coats
To knock on 'justice's door'.

But no one dares to decide
Even at that high level
It's easier to toe the line
Than to wield the gavel!

Gradually cumulative bundles
With tales of injustice and grief
Land at the ornate doorstep
Of suave and learned Big Chief

He expresses shock and disbelief
Asks: 'Why does the system fail?
Why the first court that heard this
Couldn't grant regular bail?'

'We are a Constitutional Court
Having so much on our plate
And you guys are behaving
As if we are ordinary magistrates!'

The subordinate Bar and Bench
Always facing wrath and brunt
Wish: 'May he stop these lectures,
And lead us all from the front!'

***

Sometimes the usually calm CJI Chandrachud lost his temper in court, reprimanding those who tried to 'bully' him or the court.

Showing spine 

(March 20, 2024)

For those used to seeing
Supreme milords whine
It was a pleasant surprise
To see them showing spine!

Out-of-line fat-cat seniors
Being shredded to bits
Has resulted in those clips
Going viral with many hits!

Milords made it very clear
To whims they won't pander
"What's sauce for the goose,
Is sauce for the gander!"

So what if it's Bar president?
Interference is not cool
Bar has enough jokers
Doesn't need one more fool!

Publicity seekers beware!
Stunts do not attempt
Milords observing restraint
Are well-versed with contempt!

Hailing this newfound daring
All are praising Big Chief
Even an SG used to 'cow-cow'
With milords now has a beef!

***

An interesting aspect of CJI Chandrachud's tenure is that both the Right and the Left tried to woo him, like when 600 lawyers on the Right wrote to him about a "vested interest group" trying to put pressure on the judiciary and defame courts.

Pot and Kettle!

(March 29, 2024)

Lawyers who lost on bonds
Versus those who won
Are now in a war words
That's silly but much fun!

Bigwigs of some local Bars
Got a fatcat to add his name
Which helped a petty whine
Garner international fame!

Their headache is about
Colleagues ready to fight
In every courtroom against
Bastions of entrenched might

So they wrote to Big Chief
As if to give him free tuition
Hoping milords will ignore
A book called the Constitution!

This controversy had potential
For prime lover of primetime
Sensing a great opportunity
He has tossed in his dime!

All these worthies explaining
What others supposedly lack
Reminds me of a proverbial pot
Which called a kettle black!

***

In the later half of his tenure, CJI Chandrachud became increasingly restless for multiple reasons, one of them being advocates commenting on pending cases.

Letting out the cats

(April 06, 2024)

Big Chief was at it once again
Lecturing 'officers of the court'
And that provided juicy material
For ubiquitous media to report!

Milords have more or less
Resigned to comfortable fate
Still they can't help noticing
Disturbing tendencies of late

'Respected members of the Bar
No doubt have a right to criticize
But are using this to cut milords
And their judgments down to size!'

'You should not behave like this!
Be discreet and circumspect.
You are not like laypersons
Treat the milords with respect!'

'There is a historical link
Between Bench and the Bar
To preserve our independence
We can't be perceived at war!'

'The Bar's loyalty mustn't lie
With narrow partisan interest
The courts and Constitution
Should be its dignified test!"

'Aristotle said a human being
Is by nature a political animal.
Be ideological, argumentative
But keep it absolutely minimal!'

'Our shoulders are broad enough
For all bouquets and brickbats.
That doesn't mean you should
Open our bags and let out the cats!'

***

One of the major achievements of CJI Chandrachud's tenure is the 'stay on bail jurisprudence', where bail Orders were issued and stayed by the same or higher courts. Another thing that made jail the rule and bail the bhool (mistake).

A matter's fate

(June 25, 2024)

When the 'Powers' want
Someone to stay in jail
They can obtain a stay
Even on orders giving bail
(Swearing by 'Rule of Law'
In injustice we don't fail!)

Orders may be faulted
For being too brief
Or for being too long
Full of surmises or belief
(Who'll hear the challenge
Depends on the Big Chief!)

Choice of the Bench
Seals any matter's fate
Hence Master of Roster's
Influence is thought great
(He can put one milord's meal
On another milord's plate!)

Here everything happens
In accordance with law
Everyone is free to enjoy
The judiciary's see-saw
(Some just get tap on wrist
Others suffer punch on jaw!)

***

CJI Chandrachud was never one to shy away from an inauguration and a photo-op. Nothing could change this aspect of his tenure.

Things to inaugurate

(July 09, 2024)

One way to be counted
Among the truly great
Is to break all records
Of things to inaugurate

Never miss the chance
To cut that silk ribbon
Even if it comes wrapped
Around a new dustbin!

Some may open halls
Or sometimes a gate
Why not open a kitchen?
Or inaugurate a plate?

A chair can look majestic
Even if unveiled by a fool
But it takes great acumen
To inaugurate a new stool!

Media coverage is long
Even though events are brief
For grabbing eyeballs
None can beat the Chief

Posterity shall remember
"He was best of the lot.
Not simply the washrooms
He also inaugurated a pot!"

***

Between all the speeches and inaugurations, the elephant of pendency was forgotten somewhere in the courtroom.

Cleaning up!

(August 01, 2024)

"What is this big mountain?
What is its name my dears?"
"Sir, it is that magic mountain
Which we have named arrears!"

Oh my God, it's that monster!
It must forthwith be demolished
To save our reputation which
Must forever remain polished

Issue circular, list old matters
Summon parties to appear
If nothing or no one has survived
Let's make them all disappear!

A rare lis may still be alive
Though clients and lawyers died
We shall hear those first
Let none say we never tried!

Find the infructuous cases
Dig out every tattered file
Send notices to all the AoRs
Whether alive, dead or senile

This is a question of our legacy
Of saving a system going bust
Of Milords who use the broom
On all matters gathering dust

Please don't forget the cases
Which are already 'covered'
By case law that was laid long
Before our interns discovered

In that digital future of justice
When history is written or seen
Let all know what we did
To keep our records clean!

Next: Exposed Ending

Raju Moray writes a regular column for The Leaflet, titled 'Adalat Antics'.

If you love the smell of paper along with spicy satire and the ring of laughter, Raju Moray's new book Tales of Law & Laughter is out now.