If I have been wronged by the judge, I will retaliate: Meet #PetitionerInPerson TN Raghupathy

An advocate practicing in the Karnataka High Court, TN Raghupathy has appeared in person in a number of public interest litigations, the most high-profile being the challenge to the Senior Designations in the High Court made in 2014..A time-worn building just across Seshadripuram Police Station houses a multitude of lawyers’ offices; to find TN Raghupathy’s is to search for a needle in a haystack. However, when you do find it, you will see that he is unlike any other advocate in that building, or anywhere else for that matter..The interiors are austere, much like the persona of the veteran advocate. There is no doublespeak about this man, no second thoughts. It is refreshing to meet a lawyer who truly speaks his mind..Like many lawyers of his generation, he initially had no intention of pursuing law after graduating with a bachelor’s degree. But that would change once he joined a senior counsel’s chambers..“The early days were difficult. I had no financial support except for my brother, but that was not enough for my expenses. But the moment I joined my Senior, the late GS Visveswara, everything changed. He gave me direction in life. He was a wonderful person.”.Over the years, he feels that the quality of the Karnataka Bar has improved, thanks mostly to the introduction of the 5-year course..“The youngsters graduating today are much better than the lawyers who graduated earlier.”.On the other hand, he does not hesitate to say that the quality of the Bench has taken a hit, because of the method of selection of judges..“As far as the bench is concerned, I see a decline, in the sense that the selection of judges is becoming more and more politicised. At the high court level, there are no selection norms; it is just the wish of the collegium.”.And the outcome of the NJAC judgment, he feels, will not exactly improve things..“I am not in favour of any of these two methods of appointing judges. It is like choosing between two evils. Even in the collegium system, there will be politics, as there would have been if the NJAC Act had been upheld.”.So what is his solution?.“You see, the caste system has taken a stranglehold of the system. On top of that, even among the castes, the best talent is not coming out. A person who is closer to the powers that be gets selected, rather than a meritorious person..Though there is no compulsion to have reservations in judicial appointments, it is being done. And I think that it should be. But while choosing people from different castes, the best talent is not being chosen.”.“You see, the caste system has taken a stranglehold of the system.”.He believes that the crux of the problem lies in the fact that people are not joining the judiciary for the right reasons..“Only those people see it as an option who think they can make money. That is why there is a decline. Instead, [people] must feel that the judiciary is an equally noble profession..For example, Justice Raveendran was the leading conveyancing lawyer, but he chose to join the judiciary. It is said that Justice [SP] Bharucha, who was the Chief Justice of India at that time called him and asked him why he was choosing to become a judge. Justice Raveendran replied that he liked it.”.On the topic of Justice Raveendran, TN Raghupathy reveals that he recently had a bone to pick with the retired Supreme Court judge..“Recently, a news item appeared in Vijay Karnataka. Justice Raveendran had appeared in a public meeting where he was quoted by the newspaper as saying that 90% of cases can be resolved by mediation, but lawyers are not allowing it. He is a good friend of mine, so I mailed him, asking for a clarification. He said that he had not made that statement. It offended him and it offended me as well..Thereafter, I issued notice to Vijay Karnataka, to which they have not replied. If I file a suit, they will defend it, and the case will go on for more than 5 years and by then everyone will have forgotten about it. So I have written to all district bar associations to pass a resolution to discontinue subscribing to Vijay Karnataka, and to stop inviting Justice Raveendran to all meetings.”.In his petition challenging the designation of 11 advocates as Seniors in 2014, TN Raghupathy had also questioned the secret ballot method followed by the Full Court while designating Seniors..“Trust among judges is very important. Now, some judges deal only with particular matters. Before him, maybe 10-15 lawyers appear, among which he can see 4-5 really talented lawyers. In a meeting with other judges, if he says that those lawyers are good, they should immediately accept it..Just because the other judges have not seen him practice, doesn’t mean they have the option of abstaining from voting or saying no. There should not be merely a voting system. There should be discussions among judges.”.He also recommends that lawyers from district courts be invited to become Seniors..“In my career of 35 years as a lawyer, I must have seen at least 8-10 lawyers deserving of recognition. Whether they would have accepted it or not is a different story. In the Mofussil bar, dealing with the client is the most important thing, and most lawyers would not like to give up that pleasure. But they must be invited nonetheless.”.His petition was recently dismissed by the High Court, and the existing system of designations remains. However, he is not ready to abandon his cause just yet; he plans to file an appeal in the Supreme Court..From there, the conversation moves on to lawyers’ strikes..“There was a time when even judges okayed it. In 1983, a policeman attacked my senior, so we went on strike. For one week, we abstained from court and the judges supported it. But thereafter it became common; for anything and everything, lawyers would go on strike. That is when the bench started condemning it. I support the view that we should not strike.”.And what does he think of last year’s strikes against Sreedhar Rao and Waghela JJ. carried out by the lawyers of the Gauhati and Orissa High Courts?.“I have had personal experience with both of them. Back then, a senior lawyer had told me not to go to the bar association, but to deal with it myself. And that is what I have been doing. If I think that I have been wronged by the judge, I will retaliate then and there. That was how I dealt with Justice Waghela, and thereafter he was good with me.”.If I think that I have been wronged by the judge, I will retaliate then and there..Retaliate? Against a judge?.“If you insult me or do not allow me to speak, I cannot take it. (Justice) Waghela used to do that to me; he would interrupt every sentence. So I understand why lawyers in Orissa protested against him. He would also threaten you to withdraw your case at the peril of imposing costs. That is wrong, you should never threaten a lawyer. If it is a frivolous case, impose costs, but don’t threaten him.”.One can imagine that his apparently cantankerous attitude towards judges might not have gotten him in their best books. But he believes otherwise..“I protest then and there. If the judge talks to you in an insulting manner, you should protest. I have been branded as a quarrelsome lawyer because of that, but it doesn’t matter. I would say that my attitude has helped me get along better with judges. Lawyers think that if they say anything to the judge, he may keep it in mind and damage other cases, but that has never happened to me. That is because they know that I do it for a cause.”.And it is this passion for causes he believes in that defines his career. His other pet topics include environmental conservation and the protection of sites that represent the culture and tradition of India..“I went to the Hasta Shilpa Trust in Manipal, which wanted to set up a heritage village. The idea was to bring 200-year-old mud structures from various temples and palaces of Karnataka and assemble them there. It was an extremely difficult process. The owner got 6 acres of land for this purpose, but the grant was set aside because of politics. So, I challenged it. Though in a strict sense, it wasn’t a public interest litigation, the high court passed an order directing the government to grant him alternate land..Then, I appeared in a writ petition against Megha Resorts near Agumbe, which was coming up in the middle of a forest. I succeeded in getting the resort shut down in that matter..I also appeared in a matter related to the Jambunateshwara temple, constructed by the Vijayanagara Empire. The temple was being spoiled by mining activities taking place behind it, so I filed a writ petition. After the state government passed a biased report, the court dismissed the petition with costs. It was taken in appeal to the Supreme Court..The apex court then ordered the Archaeological Survey of India to make a report. The report, which ran into around 5000 pages stated that the temple would fall if one more blast took place. The court then directed the companies to shift their mines away from the temple and ordered them to deposit 40 lakhs for the repair of the temple.”.Perhaps one drawback of his tendency to be choosy about cases is the lack of income. However, he does not seem to care one bit. In fact, he strongly believes in paying his juniors..“I pay my juniors. By my standards, I am paying a substantial amount. I earn a very modest amount, as I am not into conveyancing or high profile clients. I believe that they should be paid enough for their maintenance, at least for 4-5 years.”.One may question his methods, but it certainly cannot be denied that this is a man who has strong views on the integrity of the legal profession..This is evident in his views on Senior designations..“It is an honour! You can’t go after an honour. As some lawyers have suggested, it is better to do away with it. That is why I said applying is an evil. How can you say, ‘I am ready to become a Senior Advocate’? It must come from the judges.”