Thursday, 5 May 2016

More about the transfer of Judges



I have been able to get some more information about the transfer of the 2 Judges, Justice Joseph and Justice Shakdher.

I had a telephonic talk with a very senior Judge of the Uttaranchal High Court where Justice Joseph is the Chief Justice ( he is presently still there and has not yet left for Hyderabad ).

That Judge told me that Justice Joseph has been transferred to Andhra Pradesh High Court on medical grounds, and it is utter nonsense to say that he has been transferred because of his order in the case relating to imposition of President's rule in Uttarakhand. Justice Joseph had a heart operation some time back, and Nainital was not suitable to his medical condition, and for quite some tiome he was wanting a transfer.

I then telephoned a very senior lawyer of the Supreme Court, who knows a retired Judge of Kerala High Court. Justice Joseph too is originally from Kerala, and the two are close to each other. That senior Supreme Court lawyer spoke to the retired Judge, who said that Justice Joseph was having a heart problem, and was himself keen to leave Nainiotal as it did not suit him because of its altitude ( Nainital is at a height of 6000 ft. and therefore not suitable to heart patients ).

This corroborates the version earlier given to me by a senior Supreme Court Judge.

Thus 3 sources independently confirmed to me that Justice Joseph's transfer was for medical, not political, reasons

As regards Justice Shakhdher. several senior lawyers of the Supreme Court had sent a representation to the CJI Justice Thakur prosteting against his transfer, and stating that he was a very good and upright Judge. Thereafter the CJI invited them to meet him and his Collegium colleagues. A delegation of 3 very senior lawyers of the Supreme Court, Mr. Fali Nariman, Mr. K.K. Venugopal and Mr. P P Rao then met the CJI. In that meeting all the 5 Supreme Court collegium Judges were present.

The CJI, speaking on behalf of the Collegium, informed the delegation that Justice Shakdher was no doubt a Judge of great ability and high integrity. But for a reason, which was not political, it was in his own interest that he be transferred, and Justice Shakdher was given a choice of several High Courts.
I spoke to 2 of the members of that delegation on telephone a short while back. They told me the reason for the transfer which was given to them by the CJI, but I cannot disclose it as it may cause embarrassment to Justice Shakdher.

Thus both transfers were at the behest of the Supreme Court Collegium. They were not for political reasons, and the Central Govt. had nothing to with them, except to implement the decision of the Supreme Court Collegium.

Since we are living in a democracy people have a right to know about the working of the judiciary, and it should not be opaque.

As a retired judge I do not have the constraints of sitting Judges, and can go into the public domain. Hence I am discharging my duty to the public by stating these facts

More about the transfer of Judges



I have been able to get some more information about the transfer of the 2 Judges, Justice Joseph and Justice Shakdher.

I had a telephonic talk with a very senior Judge of the Uttaranchal High Court where Justice Joseph is the Chief Justice ( he is presently still there and has not yet left for Hyderabad ).

That Judge told me that Justice Joseph has been transferred to Andhra Pradesh High Court on medical grounds, and it is utter nonsense to say that he has been transferred because of his order in the case relating to imposition of President's rule in Uttarakhand. Justice Joseph had a heart operation some time back, and Nainital was not suitable to his medical condition, and for quite some tiome he was wanting a transfer.

I then telephoned a very senior lawyer of the Supreme Court, who knows a retired Judge of Kerala High Court. Justice Joseph too is originally from Kerala, and the two are close to each other. That senior Supreme Court lawyer spoke to the retired Judge, who said that Justice Joseph was having a heart problem, and was himself keen to leave Nainiotal as it did not suit him because of its altitude ( Nainital is at a height of 6000 ft. and therefore not suitable to heart patients ).

This corroborates the version earlier given to me by a senior Supreme Court Judge.

Thus 3 sources independently confirmed to me that Justice Joseph's transfer was for medical, not political, reasons

As regards Justice Shakhdher. several senior lawyers of the Supreme Court had sent a representation to the CJI Justice Thakur prosteting against his transfer, and stating that he was a very good and upright Judge. Thereafter the CJI invited them to meet him and his Collegium colleagues. A delegation of 3 very senior lawyers of the Supreme Court, Mr. Fali Nariman, Mr. K.K. Venugopal and Mr. P P Rao then met the CJI. In that meeting all the 5 Supreme Court collegium Judges were present.

The CJI, speaking on behalf of the Collegium, informed the delegation that Justice Shakdher was no doubt a Judge of great ability and high integrity. But for a reason, which was not political, it was in his own interest that he be transferred, and Justice Shakdher was given a choice of several High Courts.
I spoke to 2 of the members of that delegation on telephone a short while back. They told me the reason for the transfer which was given to them by the CJI, but I cannot disclose it as it may cause embarrassment to Justice Shakdher.

Thus both transfers were at the behest of the Supreme Court Collegium. They were not for political reasons, and the Central Govt. had nothing to with them, except to implement the decision of the Supreme Court Collegium.

Since we are living in a democracy people have a right to know about the working of the judiciary, and it should not be opaque.

As a retired judge I do not have the constraints of sitting Judges, and can go into the public domain. Hence I am discharging my duty to the public by stating these facts

Kejriwal should apologize for his own good



Why does Kejriwal not apologize for his baseless comments about the transfer of Judges, and say he made a mistake. We are all human beings, and we all make mistakes.

 If he apologizes his image will go up, not down. If he does not, his image will be permanently shattered, and he will be branded as a man who for political mileage will hastily slander and attack anyone without any basis.

 I am saying this for his own good. Let him ponder over what I am saying, and remember Kabir's admonition ' Nindak neerey raakhiye, aangan kuti chavaya '

Transfer of Judges


Health problem was the reason for Chief Justice Joseph's transfer. Justice Shakdher's transfer was for a different reason, which I have been informed by reliable sources, but cannot disclose. But it was not political, and it was on the recommendation of the Supreme Court Collegium, and not at the instance of the Central Govt.

Sharia is law of barbarians


A fb message I got :

Sharia is divine law.. It's the highest system of justice. The codified laws of Austin, Napolean and for that purpose IPC or Cr.PcC are full of errors. They can't offer justice. In fact it impossible to do justice by applying these man made laws. U were the honourable judge of SC, how many before have got justice while u being judge ? Sharia is simple, in which there is neither any delay nor any denial while doing justice.

This was my reply :

Sharia is the law of barbarians. Stoning a woman for adultery ( sangsad ) is barbaric. Cutting off hands for theft is barbaric. Throwing out wife after saying oral talaq is barbaric.

Of course the British abolished the barbaric Sharia criminal law in India, but it is still practised in many Muslim majority countries of the world ( see on Youtube ).

 But the barbaric Sharia civil law still unfortunately continues in India. It should be abolished, and replaced by a Uniform Civil Code, as in all modern countries, giving the same rights to women as men. Presently only husbands can say oral talaq, but not wives. And husbands need not even give any reason, i.e. they can divorce their wives whimsically and throw her out.. As for khula, it requires consent of husband, which he may not give.

 Due to this barbaric Sharia law of divorce lives of thousands of young Muslim women , particularly the poor ones ( for which I have given the data in an earlier post ) have been ruined..
.

Kejriwal's statements about Judges' transfers


I had in a previous post praised Arvind Kejriwal for his integrity, and for what he has been doing for the people of Delhi.

 However, I also said that Kejriwal needs to develop maturity. His statements on twitter about the transfer of Chief Justice Joseph and Justice Shakdher are an example of this. Without verifying the correct facts he hastily alleged that these transfers were politically motivated, and at the behest of the Central Govt.

 I have thoroughly enquired about these transfers from reliable sources, and can say that they were not political. and were not at the behest of the Central Govt. ( though now some people will allege I am a BJP agent ).

 If Kejriwal had consulted me, I would have given him the full facts, but he did not. That is why I suggested that he be made Deputy Prime Minister, not Prime Minister, since presently he lacks maturity and experience, though he is personally honest.

 It seems that Kejriwal lacks good advisers, and many whom he has chosen seem to be chamchas ( sycophants ). He needs therefore to change many of his advisers.

As Kabirdas said, 'Nindak neerey raakhiye, aangan kuti chavaya '. Kejriwal needs nindaks too as his advisers, not just chamchas, if he intends to develop into a mature leader

The transfer of the Uttarakhand Chief Justice


I enquired from reliable sources about the reason for the transfer of the Uttarakhand Chief Justice, Justice Joseph, to Andhra Pradesh, since some people alleged it was for political reason. 

The transfer was not because of some judicial order he passed.

It was because of health reasons.
Naini Tal, where the Uttaranchal High Court is situated, is at a height of 6000 ft. Ever since he came to Uttarakhand in July 2014 Justice Joseph has been having health problems, probably because of his heart condition.

 The transfer, on the recommendation of the Supreme Court Collegium, was for this reason. It was not politically motivated

Wednesday, 4 May 2016

Urdu Poetry


Many of you who do not know Urdu have shown an interest in Urdu poetry. So I shall briefly tell you something about its features.

Urdu poets often write their verses not in a direct way but in a roundabout way, conveying their meaning indirectly by hints, allusions and indications. The result is that the same verse can have two or even multiple meanings. Sometimes it can even have a meaning which the poet never contemplated, but is invented by the reader using his creative imagination !


The greatest Urdu poet Ghalib was of the view that the language of poetry should not be the same as the spoken language of the common man. Ghalib had a horror of the commonplace in expression, and this often makes his poetry obscure. His early poems were highly Persianized, and therefore often difficult to understand. His biographer Hali wrote that about one third of Ghalib's verses can hardly be called Urdu, and even till today some of his verses are difficult to understand.


Urdu poetry has several forms (borrowed from Persian poetry) e.g. ghazal, qasida, marsiya, rubai, etc The most popular of these is the ghazal, and I shall only discuss that here.


Ghazal means conversation with women, and originally it was used for erotic themes. Later, however, the erotic meaning became only the outer, superficial meaning, while the deeper, inner meaning became the real meaning which the poet wanted to convey. For example the word 'Ishq' used by Urdu poets often does not mean love between a man and a woman. It is often used in the mystic Sufi sense of love for God, or it can mean a passion for an ideal for which a person is willing to make sacrifices.


Thus,when the poet Faiz writes of love and longing for the beloved he is really dealing with social and political issues, though in an indirect way.


Ghazals are written in couplets called sher, each line of a sher being called a misra. A nazm (poem) often contains several shers, but each sher can be a self contained unit having no thematic connection with other shers in the nazm ( though there can also be a nazm having shers with a common theme). Where the shers are self contained units, it is often a marvel of condensation. Within two lines, great ideas or emotions are expressed in a powerful way.


All forms of Urdu poetry are not ghazal. To be a ghazal 5 strict rules have to be followed. These are radeef, kafiya, matla, maqta, and beher. If these are not in the poem it is not a ghazal. 


To explain these let us take a well known poem of the great Urdu poet Faiz :
"Gulon mein rang bhare baad-e-naubahaar chale
Chale bhi ao ki gulshan ka kaarobar chale
Qafas udaas hai yaaron sabaa se kuch to kaho
Kaheen to beher-e-khuda aaj zikr-e-yaar chale
Kabhi to subah tere kunj-e-lab se ho aaghaz
Kabhi to shab sar-e-kaakul se mushkabar chale
Bara hai dard ka rishta ye dil gharib sahi
Tumhaare naam pe aenge ghamghusaar chale
Jo hum pe ghuzri so ghuzri magar shab-e-hijraan
Hamare Ashk teri aaqabat sanwaar chale
Huzoor-e-yaar hui dafter-e-junoon ki talab
Girah mein leke garebaan ka taar taar chale
Maqaam Faiz koi raah mein jacha hi nahin
Jo koo-e-yaar se nikle to soo-e-daar chale"

This poem has ghazals, that is , it has radeef, kafiya, matla, maqta, and beher. 


Let us consider these one by one.
Radeef is the last word (or words) in a line which is a repetition. In the above poem the radeef is the single word 'chale' ( though in some ghazals the radeef has more than one word).


In the first couplet, which is called a matla, there must be radeef in both the misras (lines) of the couplet, but in the succeeding couplets radeef is necessary only in the second misra (line) of the sher. Thus, in the above poem of Faiz, we see that the first couplet has radeef in both the lines (misras) of the matla (first couplet).Both the lines in the matla end with the same word 'chale'. However, in the shers which follow the matla radeef occurs only in the second line.


Now let me explain kafiya. Kafiya is the word (or words) which rhyme with each other, and which precede the radeef. Thus, in the above poem, the word 'naubahaar' preceding the word 'chale' in the first line of the first sher rhymes with the word 'kaarobar'. Kafiya or rhyming word is necessary in both lines of the matla, but necessary only in the second line of the succeeding shers.
Maqta is the last sher of a nazm (poem), and it contains the name or pseudonym (called takhallus)of the poet. Thus, in the above poem, the poet's name, Faiz, occurs in the maqta.
Beher means metre, which are of several kinds, usually short, medium, or long. The same metre must be maintained in every line of the nazm.

Having explained the structural rules of a ghazal, let us consider some other features.
As already mentioned above, a ghazal may have an outer, apparent, and often superficial meaning, and a deeper, inner meaning. Take, for example, the first sher in the above poem of Faiz.

Now the outer, apparent meaning of the sher is :
"In the bloom of flowers a coloured breeze of the new season (spring) is blowing
Come forward so that the work of the garden may be done".

But it is well known that Faiz often writes on political and social issues, disguising them as love poems ( to avoid persecution by the martial law regime of Pakistan, which indeed jailed him for many years). So what is he really trying to convey, however indirectly ?


In this sher the word 'gulshan' really means the country, and the expression 'the coloured breeze of the new spring is blowing' means that the objective situation is ripe for great progressive changes in the country. Therefore Faiz really intends to convey that the objective situation in the country is ripe for the patriotic, justice loving people to rise and come forward to fight for the country.


Hence, when reading Urdu poetry one should try to find out the deeper, inner meaning, which is what the poet is really wanting to convey, though indirectly.
Sometimes the reader can even give to an Urdu sher a meaning which the poet never intended. To give an example, Ghalib writes :
"Pinha tha daam-e-sakht qareeb aashiyan ke
Udhne na paaye the ki giraftaar hum hue "

The word 'pinha' means hidden or concealed, the word 'daam' means net, the word 'sakht' means 'hard', the word 'qareeb' means near, and the word 'aashiyan' means nest.So the sher literally means that near the nest of a bird there was a hard net (placed by a hunter), and the young chick was caught in it even before it could take its first flight.
I used the above sher in a judgment I gave in the Supreme Court, ( Buddhadev Karmaskar vs. State of West Bengal),but I gave it a meaning which could never have been contemplated by Ghalib !



The case related to sex workers in India. There are millions of sex workers in India, and these girls become prostitutes not because they enjoy the profession but due to abject poverty. These poor girls, who should have had a life of happiness, are instead driven into this terrible profession due to poverty. So I compared them to the young chick referred to by Ghalib in his sher, which is caught in the hunter's net even before it could make its first flight. Surely Ghalib could never have imagined that his sher could be given such a meaning !

Great Injustice to Urdu in India


१९६९ में आगरा  में ग़ालिब की देहांत शाताब्दी समारोह जश्न-इ- ग़ालिब  पर साहिर लुधयानवी की पंक्तियाँ

 " जिन शहरों में गूंजी थी ग़ालिब की नवा बरसों
 उन शहरों में अब उर्दू  बेनाम-ओ- निशाँ  ठहरी
 आज़ादी-इ- कामिल का ऐलान हुआ जिस दिन
 मातूब जुबां ठहरी, ग़द्दार ज़ुबाह ठहरी "

  ( नवा माने आवाज़, कामिल माने पूरा, मातूब माने निकृष्ट )

 '' जिस अहद-इ- सियासत ने यह ज़िंदा जुबां कुचली
 उस अहद-इ-सियासत को मेहरूमों का ग़म क्यों है ?
ग़ालिब जिसे कहते हैं  उर्दू का ही शायर था
 उर्दू पर सितम ढा कर ग़ालिब पर करम क्यों है ? ''

 ( अहद माने युग, सियासत माने राजनीति, महरूम माने मृत, सितम माने ज़ुल्म, करम माने कृपा )

Sahir Ludhianvi's verses on the death centenary function Jashn-e in Agra in 1969

“Jin shehron mein goonji thi Ghalib ki nava barson
 Un shehron men ab Urdu benaam-o-nishan thehri
 Azadi-e-kaamil ka ailan hua jis din
 Maa’toob zubaan thehri, ghaddar zubaan thehri ”

i.e.

 In the cities where Ghalib's voice thundered for years
 In those cities now Urdu is now unknown and without a trace
 On the day the announcement of the completion of Independence was made ( i.e.1947 )
 On that day Urdu became a degraded language, a language of traitors

 ( nava means voice, benaam-o-nishaan means unknown and without a trace, kaamil means completion, maatoob means degraded, thehri means became, ghaddar means traitor )
 Jis ahad-e-siyasat ne yeh zinda zubaan kuchli
 Us ahad-e-siyasat ko mehroomon ka gham kyun hai ?
 Ghalib jise kehte hain Urdu hi ka shayer tha
 Urdu par sitam dhaa kar, Ghalib par karam kyun hai ? “

i.e.
 The age of politics which crushed this living language
 Why does it mourn for the dead ?
 He who is called Ghalib was a poet of Urdu
 After committing atrocities on Urdu, why do people have generosity for Ghalib ?

 ( ahad means age or era, siyasat means politics, zinda means living, kuchli means crushed, mehroomon means the deceased, shayar means poet, sitam means atrocity, karam means generosity or benevolence )
 P.S.

 To know about Urdu, read my article ' What is Urdu ' online and on justicekatju.blogspot.in. The video of my speech can be seen on Youtube by clicking ' What is Urdu '

The false claim of Kashmiris that Kashmir was always independent and never part of India



Was Kashmir ever indepenent after 1587 when the last Kashmiri king Yusuf Shah Chak was deposed by the Mughal Emperor Akbar, and Kashmir was incorporated into the Mughal Empire by the great Mughal Emperor Akbar ( the real Father of the Indian nation ) ? 

I keep repeating this question to Kashmiris who claim that Kashmir was always independent, but they keep dodging it, obviously because they know that what I have said is the truth, and what they are saying is not true.. 

Have these Kashmiris even read Akbarnama, Jehangirnama and Shahjahannama with their accounts of visits of Mughal Emperors to Kashmir, which had become a province of the Mughal Empire since the time of Akbar. And who built the Mughal gardens near Srinagar ? They were built by the Mughals, not Kashmiris ?

And the Mughals, since the time of Akbar, were Indians, with their capital at Agra ( later Delhi ), not Srinagar.

After short spells of Afghan, Sikh and Dogra rule, Kashmir came effectively under British rule, though as a princely state ruled by Dogras.

So it was never independent after 1587.

Why do some people keep repeating lies, instead of reading their history books ?