Snippets from Courtroom 6: The #Soumya Case and Gogoi J versus Katju J

The atmosphere outside the Supreme Court’s Courtroom 6 yesterday was a charged one. A very charged one. After all, it’s not every day a former judge makes an appearance, and especially not one as fiery as Justice Markandey Katju..Following a blogpost, Justice Katju had been asked to attend the hearing of a review petition filed against the Soumya judgment..With everyone clamouring to witness the court proceedings, even the guards at the court had been asked to suit up for the occasion. In retrospect, perhaps the court had taken every care to set the perfect stage for history to be made. Throughout the hearing, Justice Gogoi maintained a calm expression, and gave no inkling of the storm that was brewing underneath the peaceful demeanour..If you wanted to be present for the hearing but couldn’t make it, you can’t really be blamed. But, as your eyes and ears in the country’s apex court, we bring to you the most interesting excerpts from the hearing..1. When the Bench was accused of naiveté.Justice UU Lalit: This statement is admissible under Section 6, as res gestae. We have to take it into account..Justice Katju: No, there is no such provision in law which says you have to believe everything you hear. Where is this logic coming from? Evidence can be admissible without being credible. If someone comes to Court and says that it is midnight, will you believe them?.[The statement in question is that of PW-4 and PW-40, stating that there was an old man who informed them that the girl Soumya had jumped from the train in a bid to run from the clutches of Govindachamy, and escaped to her safety].2. When J. Katju made a strong case for common sense.Justice UU Lalit: Where do we read that she had jumped off?.Justice Katju [visibly agitated]: There is something called common sense. What else could she have done? What would have had her do? Wait in the compartment for him to push her out so that it could be called murder?.Justice Gogoi [smiling]: Here, have some water, Justice Katju..3. Ordinary and Extra-ordinary jumping.Justice Katju: There are two types of jumping…This is not ordinary jumping, in my opinion. Govindachamy is responsible for creating a situation where she felt she had no option but to jump..4. When Justice Gogoi and Justice Katju had a cryptic exchange of words.Justice Gogoi: There is a particular reason we did not issue notice on those other blogs. We leave it to you figure out the reason..Justice Katju: Yes, I have figured it out..Justice Gogoi: Then understand this, if you continue to bring in [the issue of] PW-4 and PW-40, we will be forced to issue notice on those blogs..Justice Katju: You may issue notice or do what you like. That is your privilege, or prerogative..[In all probability, notice was not issued on the other blogs because they were bordering on contempt, with Katju making several statements against the judges personally].5. Where the Bench bites back.Justice Katju: I have myself made several errors in my judgments. I have brought them with me. Kindly allow me to show you..Justice Gogoi: We know. We have to read your judgments everyday, Justice Katju..6. The unnecessary intervention.A lawyer interrupts the proceedings, and says the matter should have been listed as a PIL.Justice Gogoi: Who are you?.Lawyer: I would like to thank the Court for allowing me to….Justice Gogoi: Please don’t waste your time. What is your locus?.Lawyer: I am a lawyer from Jaipur, with 14 years of experience, and I want to request the Court that since the case concerns the pubic of India, please allow all lawyers to assist the Court..Justice Gogoi: Are you suggesting we issue an open notice to the entire world to come and give their views on the case? Where is your application?.Lawyer: I am applying orally..Justice Gogoi: You don’t apply orally, you pray orally. But please wait; if we require your assistance, we will send for you..Justice Lalit: I congratulate you on arguing without any papers or documents whatsoever. (As an aside) Remarkable..[It was later learnt that this lawyer’s name is Ved Prakash. He practices in Jaipur, and he had travelled to the Supreme Court solely for the purpose of assisting the Court].7. Where AG Mukul Rohatgi ventured into semantic territory.Justice UU Lalit: Okay, assuming she was dazed, we say….Mukul Rohatgi: Dazed? You fall and hit your head, that is dazed. This is beating the daylights out of a person. This is not ‘dazed’. I object to the use of this word..8. The parting shot .At the very end of the submissions, Justice Gogoi took out a few papers, and unfolding them, asked Justice Katju..Justice Gogoi: Justice Katju, are you, or are you not the author of these blogs?.Justice Katju: Yes…What is this?.Justice Gogoi: [Starts dictating order directing notice of contempt to be issued].Justice Katju: Don’t try to threaten me. These threats don’t scare me. I am not afraid of this. Don’t try and act too funny with me, Mr. Gogoi. I don’t like this..At this, the judges stood up and left the Courtroom.