The Science of Law

While contemplating on my previous blogs, I wondered whether I am doing justice to my intellectual pedigree by ignoring ‘it’ brazenly. How much Engineering intellect hovers in my mind, still the fact is Law- the profession runs in my blood. It’s tantamount that through these blogs I pay the tribute to the profession which once was aspired by elite students and best brains in the country. Call it a flaw in our education system or sheer mismanagement that the profession that requires the best of logical and analytical brains has to be mostly content with people who see it as last option. Interestingly while the policies and media concentrate towards IITs, IIMs increasing their fold, there is hardly any buzz of setting up an institute of that stature in field of Law. I am neither a policy maker nor an influential thought- processor who can change the way government perceives a thing. Instead what I would do is to substantiate the point I pen down the memoirs of most memorable of cases that I had the opportunity to come across through my father...It’s a precarious alley to tread in for I am hardly anything but a novice when discussing about such a refine subject. Yet I take courage to commit a seemingly delinquent act as a mark of respect to my family profession. It was mid seventies. Still the society coming to the terms of anarchic rule of Indira Gandhi and her cronies. Mahesh Saxena a young ingenious Science graduate progressed to obtain an LLB degree from the renowned Law College in Bhagalpur. Following illness of his father he had to quickly mature into an independent advocate with hardly any tenure of apprenticeship. His father, a leading criminal case lawyer had set up an enviable reputation to live with. The cases which were destined to be handled by the seasoned professional were now in the laps of a tyro. This was the first case of Mahesh as a defense counsel. Balwant Singh, a septuagenarian. and an influential farmer , was accused of stoning his neighbour Ramdev Yadav to death. Police had lodged the FIR stating that Ramdev Yadav was smashed by heavy boulder repeatedly. The Civil Surgeon, Dr Srivastava confirmed the reports stating multiple injuries found on the head and spinal cord area. Though there was no witness to second the FIR, yet Civil Surgeon’s observation was considered in metaphorical terms The Golden Truth Frankly stating it was one of those proverbial Open and Shut case were defense stood hardly any chance. The Crown counsel forwarded the case in the court of District and Sessions Judge and it was the final day of hearing.. The Public Prosecutor presented the case citing all the evidence that implicated Balwant of perfidious act and murder Now it was turn of defense counsel to put his last foot forward. Up stood Mahesh, in his late twenties and the juvenile countenance suggesting apprehension, anxiety but full of exuberance to take the bull by the horns. The court atmosphere usually is far from that hackneyed portrayal shown in movies where a judge behaves everything except like an arbitrator whose sole task is to curb the cacophony created during the proceedings. Infact the environment is far more amiable, humorous and quite fascinating where judges never restrain to take a dig at the lawyers or witness. “Sir, my client Balwant Singh, son of Anant Singh, residing in village Khusropur in Bhagalpur district has been accused of Murder of certain Ramdev Yadav.” were the first lines that Mahesh spoke. “Sir , the police has found certain set of evidence and the Civil Surgeon Dr Srivastava has stated in his observation that the police’s findings are correct. I request you to kindly summon Dr. Srivastava on witness box.” Judge acknowledged the request and Doc was brought to witness box. The Civil Surgeon of a town used to be one of the venerable figures and it was implicitly understood that any queries to him should be coated with a sense of deference and politeness. “Sir, in which year did you get your MBBS degree?” notwithstanding the stature of the persona, Mahesh threw his first bait. “What do you mean by “which year”. Mr Advocate you must understand that I have dealt with kids like you on numerous occasion and know what you lawyers are upto”.. Retorted the doctor “Very true sir… You must have seen thousands of lawyers across the generations. But there is a slight difference from the past generation lawyer to the newer breed...We new entrants are basically science graduates who got into this field...so our understanding might be slightly different to the one you encountered earlier..” Mahesh replied back in a calm manner. There was a grin on the face of judge for he was expecting something spicy to follow. “Very well...let’s see…what you fellas are upto..it was in 1953 that I did my MBBS” Doctor replied in a brusque manner. “Sir, did you have physics as one of your subjects at time of entrance?” Mahesh queried. “What the hell you are upto? How this is related to the case in any way? And by the way for your information you got to have Physics as your main subjects during intermediate. Judge sahib, I presume your lawyer has certainly lost his senses” scowled the Doctor visibly irritated by these abrupt nature of questions. “Yes..Mr Advocate..how these questions are related in any way to the case. And why you are harassing and wasting poor doctor’s time” Judge queried with a wry smile on his face “Sir…it is indeed related to the case...and I ask the question because during his time a student can get into Medicines with English, Biology and Chemistry as his majoring subject”..the defense replie calmly “Very well...go ahead with your questions..” Judge gave the approval “Yes …Doctor sahib... did you have Physics as a majoring subject in your intermediate days” “I...I did have “ Doctor replied “Very well…then you must be aware of the term Momentum in physics” The defense counsel asked the doctor with a smile on his face “Yes…” replied doctor “So what is Momentum doctor?” was the next question of Mahesh “Momentum..er. Momentum is momentum” repled the Doc abruptly “I would like to know the definition...doctor sahib” Mahesh insisted “Very well…Momentum is something…like speed plus weight” replied doctor vaguely “No sir you are wrong!!” Mahesh gave a stern look in doctor’s eyes. “Then what’s Momentum?” Judge demanded to know “Sir… Momentum is product of mass and velocity” Mahesh politely replied “Hey...you lawyer… speed and velocity are same and it was just a slip of tongue” Doctor gave a harried reply “Sir...if you had read physics in your intermediate days..you would never have said the thing..both are different entities...” Mahesh replied “Anyways” Mahesh continued sighting the doctor’s confidence now completely shaken ”So by law of Physics Momentum is product of mass and velocity. Hence for high Momentum the Mass should be high...Right doctor?” “Y...Yes” Doctor said “This means for high momentum along with mass the velocity should also be ‘high’?” Mahesh continued. Now playing with doctor’s confidence and also the definition of the Newtonian term. “Yes..it’ s true” doctor was now caught in the trap “This means if a person has to b pelted to death by stone…he has to throw the boulder of high mass with a very high velocity to get that ‘HIGH’ momentum to kill the person”. Now Mahesh personified assurance along with confidence “Yes..that’s true” Doctor gave timid reply “Sir..the accused Balwant Singh..what’s his age?” Asked Mahesh “About 75-76” blurted out doctor “Does the physique and health of the person suggest that he can lift and throw a heavy boulder with a high velocity to a person so that person gets killed?” “No…it’s not possible…he has got a frail structure” replied doctor “That’s it ..My Lord..the civil surgeon accepts the fact that the Accused doesn’t have the strength to lift and throw such a heavy boulder to crush a person to death.Then how can he be punished for a crime which he has not committed..there is no other evidence to suggest the fact that he is the culprit..hence I request to kindly order a reinvestigation of entire case and acquit my client of the charges” were the final statement of Mahesh the defense counsel. “Seeing the lack of evidence and statement given by Civil Surgeon, I order the Police Superintendent to reinvestigate the entire case and bring the culprit to book. I order the acquittal of Balwant Singh, son of Anant Singh of the charges and as per probation of six months he needs to report to local police station once in a week.The court is adjourned” The Judge dismissed the proceedings with this judgment Mahesh Saxena had got one up against the odds to notch an improbable victory for his client and more so for himself. That was Science of Law for you. God bless Newton’s Momentum and his law of motions.

The Enigma called Marriage

It’s always a nice feeling to get back doing what you do the best. In my case I love the role of a Raconteur.. As I scribble these lines, Sehwag is in middle of an amazing innings against Pakistan and probably his exuberance exemplifies what I scribble in the following lines Being an avid reader I tend to observe contrasting perspectives of various writers on any topic under the sun. Amidst this plethora of opinions, I believe there is one such topic where invariably all the scholars, philosophers, sociologist et al come to an agreement-its Marriage. And apart from odd opinions there is a general consensus that Marriage is an Institution-the sancto sanctorum of a temple called Relationship I am neither sociologist nor a marriage bureau expert to commit a sacrilege act by commenting on such delicate issue. Instead I had an experience of sorts which firmed the belief that if it’s not an institution in literal terms then it is indeed one in factual sense. Probably the closest metaphor that I can draw about Marriage-the Institution is - One when I was cajoled to join the primary schools much against my wishes.In the formative years of growing up, playing and socializing should have been paramount:-) Anyways, the incident which gave thrust to such views is quite frivolous in nature. The story goes like this..It was mid-June in 2003 when I received a marriage invitation from one of my college friend cum state mate, Veerendra. Being from same state always holds a special place for we Engineering College grads. In a sense such an invitation was bit scary but at the same time one generating 32-inch-broad –grin on the face. Often there is enormous curiosity of exploring unfathomed world.Now, when someone from the group is first in treading that mysterious path, a sense of anxiety rules the atmosphere It was summer vacation time and I had nothing fruitful to look up to.For me, it was an ideal break from the monotony that was slowly creeping into the life. Typically, by looking a marriage function you can estimate the class, creed, financial health of a family. Particularly so in Bihar where each and every community has its own distinctive style. Ironically,I pity the attendants to my marriage. It's famous that a marriage in Kayastha community, to which I belong to, often test the limits of attendees. More often then not, the guest has to return with tummy yearning for even single drop of water, forget the delicacies. By no means I am scaring the readers to abhor the idea of attending my marriage:-). I will take best measures to ensure that you are served a delicious glass of thanda paani. There is one more interesting community of bhumiars, the erstwhile zamindaars during time of Britishers, where marriage takes place at very raw age. My good friend was one such scapegoat. It was the first marriage of our batch hence I took special measures to attire myself in best of dresses with different varieties of facials and a funky hair cut to suit the occasion. One of my close pals Mansoor joined me as part of bandwagon called Baraatis. We traveled all the way from Patna to Begusarai to attend the function .Admittedly the reception was top class. The moment the girl’s side came to know that we are the Groom’s closest mates, special care was taken to make us comfortable and happy. Varieties of delicacies along with the round the clock service of various form of entertainment kept us busy through out the day. During evening both of us got dressed in gaudiest of ceremonial dresses wearing special perfume and touch of nonchalance. For we were the second most important person in that entire conglomeration. In baraat procession we danced all the way, leading from the front to the bride’s house. Keeping special attention towards the girls -whoever falls for us. The arrangement at the site was equally good. We filled ourselves to throat and apart from odd tiff with the host, we had an amiable going by any standards. After the ritual of exchanging the garland- Jaymaal, was done and the bride and groom proceeded towards Mandap to perform the rest of the rituals.Meanwhile we both were left to mingle with the bride’s family members.Inspite of being full, we were forced to eat, drink and make merry. However, the moment I gulped down the fifth glass of sherbet, I somehow started feeling intoxicated and next thing I remember was me lying on a bed in a closed, dark room It was a creepy,eerie and dead dark ..and I could sense some body else was lying by my side. He was Mansoor.I was still trying to figure out where exactly I was. I waded my way towards the door. But to my dismay I found it been bolted from outside. Where the hell I am stuck? I banged the door hard…shouted from the window…but nobody answered It seemed as if the marriage function was a distant dream. With thirst slowly enervating my energy..I gave a finally spanking on the door..but no body trudged a bit..I shook Mansoor hard..and coaxed him to wake up. Finally with bleary eye he got up..still wondering what the fuss was all about “Man..we are stuck!!..somebody has captivated us in this room!” “What?” blurted Mansoor..still recovering from his sub-conscious state. “There is no one responding to our call..we cant get out!”..I freaked out Probably the last line brought Mansoor fully back to the senses. Together we rushed towards the door banging it as hard as possible but in vain.Completely tired , we both collapsed near the door waiting for some inevitable to come. After about an hour or so..I presume...there were sounds of footsteps approaching towards our door.I believe that was our last chance..we both shouted at the top of our voice pleading for the door to be open. Finally, it worked...We could sense some body unlocking the bolt. We set ourselves few paces aside waiting for our unknown adversary. Slowly the door opened and entered a tall. dark cantankerous frame with a frail look , a monstrous moustache and a bamboo stick in his hand. There were three more guys who followed the person. “What’s the problem?” growled our tormentor “Why h..have you locked us in this room?” blurted out the feeble voice of Mansoor “Ha..haa..haa” bellowed the man. ”So that you guys don’t scoot off?” “Meaning?”..i queried still perplexed amidst this conundrum “I am bride’s uncle”..growled the man” And I have three daughters. I queried about you both from Veerendra (my friend)..and came to know that you too are engineer like him. Where will I get the better match than this? What I offer is you both get married to my respective daughters.You choose which one you want.” Still coming in to the terms with the whole affair I couldn’t digest the entire bombardment of those words upon us “I mean..how can I get married..I am still young”.. I squeaked “Young…who said that” he groaned ”At your age I already had my second wife.The guys of this generation are cuddled to such an extent that they never grow up. But I won't leave you two unless you accept the proposal” “But..but..I have to seek my parent’s permission” I pleaded “You don’t worry about that.I will inform your parents and as part of dowry we will be offering you whole plot of land and weigh you in gold” The man said now in bit docile manner “But..there is one more hitch..I am Muslim”…Mansoor literally played his last card. I presume this was his best bet “I don’t care..I will convert you to Hindu. After all what is there is religion..you look like film star..educated..will soon start earning..what else??Now enough of excuses..either you agree to this proposal else I will tie you up and lock you in this room”…Uncle’s voice boomed “That’s not possible..I need to have a word with Veerendra..You cant force me..this is obnoxious” I was agitated “You can’t meet him…he has gone to his village with his bride to seek the blessings..you have to decide your self.” “Hey.you.c.ca..” before I could complete the sentence Mansoor pinched hard on my palm. He signaled me not to speak “Ok sir..we are ready.” Spoke a more sedate Mansoor “Has he gone crazy?Is he holding his sense right? Does he understand the implications?” thought loomed in my agitated mind “That’s better!!You are smart fella” grinned the bride’s uncle “But,you must understand sir, that its wee hour of the day and we must go to answer the nature’s call.Atleast give us some leverage and allow us to go to nearby field to relieve ourselves”.Mansoor continued “Hmm..Ok…but remember your luggage and other goods are in my custody...Tomorrow we will finalize the details.I am calling pundit ji”.. hissed uncle “Ok..ok sir,we will surely do that..come Adarsh”..said Mansoor, dragging me towards the door Finally we came out in the open. Me still wondering about the the proposal. I was about to shout at Mansoor but decided to wait till we were some distance away from the house Before I could let my lungs and throat loose, Mansoor whispered”Run!!” “Where??” I was completely bemused “To the railway track!!” he shouted “But..but our luggage?” “You idiot it’s a matter of our life..run…forget the luggage!!” shouted Mansoor. He clutched my arm firmly and throttled me forward towards the field."Run...Adarsh...Run!!" I was still in dilemma yet I trusted Mansoor's undoubtable wisdom and ran as hard as I could. We ran for about a mile towards the railway track. At times looking back whether somebody is following us or not. Finally we reached near the signal post. “Listen this is a halt..the train for Patna stops here for 10 sec..we have to get in..it will be coming any moment” huffed out Mansoor Waiting for those 15-20 min looked like eternity. Even the sound of woodpecker seemed intimidating. Any moment the bride’s uncle and his men will barge in..And that’s it..the end of our bachelor hood… Finally the ray of hope appeared from the distant horizon. It was the sign of incoming train. Down across the field we could see a cluster of torch lights approaching towards the railway track too .Our predators got a sniff. Together we prayed hard to almighty…begged for mercy for any sin…and wished the train come faster But it was only our tormentor who appeared to be more discernible. Ten..nine..eight… I counted as the train approached Finally it stopped near the halt. Both of us rushed towards the first compartment. Our predators following the suit..But before even one could lay hand on us..the train started..we were free… Marriage –the Institution gave us one reprieve