Raju Z Moray

| @ | February 16,2019

GOBBLE D. Gook was amused to read the Super Chief’s response to lawyers who made a grievance about matters not getting listed for long periods of time because of problems in the Court registry.

The Chief politely told them that even “the other side is not innocent” in this.
He meant of course the complainant lawyers!

The Chief is peeved (Gook thinks justifiably) about the fact that matters are filed in the Apex Court registry and then argued before cameras outside the court premises even before the judges get a chance to consider what the grievances are..

Gook, like all those in the know, knows that there are learned friends who coordinate the filing of their cases perfectly with the filing of the “exclusive” story about their case by their favourite media persons.
At times, it seems almost like a joint venture!

As a result, very often, “the Nation” may come to know the entire content of their petitions before the Apex Court does!
Then, the talk show hosts get into the act and plead the case before the public and as TRP ratings rise, the viewers become judges of the issue while the by-now famous case file itself patiently awaits removal of objections/defects in the registry under a film of dust sans any cameras..

If and when the case finally gets listed and argued before the Hon’ble judges, it has already been judged and decided by the media, the experts and the viewers!

If the judges take the same view, there can be more talk shows of the “we told you so” variety.
If, on the other hand, the judges differ from the “public perception” the talk shows can focus on experts telling everybody why the judges are mistaken!
It is a no-win or a win-win situation depending upon which side of the barrel you are standing.

Publicity is a chronic addiction whose cure is yet to be found and that is why the issue raised by the Super Chief merits this Law-merick by Gook.

 

With some men-in-black it is their style
To rush to the media as soon as they file

TV bytes are effective
Petitions are defective

And attempts to change this trend seem futile!

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Seema Sapra
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‘In the darkness of secrecy, sinister interest and evil in every shape have full swing. Only in proportion as publicity has place can any of the checks applicable to judicial injustice operate. Where there is no publicity there is no justice.’ ‘Publicity is the very soul of justice. It is the keenest spur to exertion and the surest of all guards against improbity. It keeps the judge himself while trying under trial.’
Jeremy Benthan as quoted in A G (Nova Scotia) v MacIntyre [1982] 1 SCR 175, 183 (Dickson J)

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