Talk by Judge Shri Dharmadhikari
I have a liking for Yoga, I have less of an understanding of Yoga. I do
find some time to study Yoga and practice it. My people at home do keep
telling me that if the judge does not remain poised everything will go
haywire. And to keep the judge in a state of equipoise, Yoga is a must.
This much I can say with my own experience and the experience of others.
When I was informed that Truth was my subject of presentation today, I
was in a way relieved because Truth was your subject of presentation
today, I was in a way relieved because Truth is intimately connected to
Justice with which I am connected.
In one of his Ashram talks Gandhiji said that Yoga brings about
equipoise in man and take him towards Aparigraha and he is prevented
from hoarding things beyond his immediate needs and all these are
following the path of truth.
Friends, it is very easy to talk about Yoga, but to follow it in
everyday practice is extremely difficult.
Today if there is any leading light for our judges, advocates and courts
it is Mahatma Gandhi. You will also find reference to him in many of
the judgments of the Supreme Court and the High Courts. You should
understand that this is because truth has a lot of bearing on the
administration of justice.
You just mentioned that when we go to court, we swear that we shall
speak the truth and nothing but the truth. But in practice what is said
is all quite apart from truth.
You keep inquiring as to how long it takes for the truth to come out.
But the reason for the delay is because while demanding the
administration of justice, the man seeking it wants that his opponent is
punished properly and taught a lesson of his life. And though this may
be the legitimate concern of the person approaching the court, the judge
cannot simply restrict himself to this aspect alone, but has to
administer justice and that means to try to get to the truth at all
times.
The Indian Evidence Act is our path-finder. The evidence is something
you see as a matter of fact or reality. Now see how close the connection
is to what one has seen and what one is supposed to come and deposit
before the court. The judge is not a witness to the crime and to remove
the darkness with which he is covered he needs the help of all those who
know the truth. So only depending upon truth on which our evidence act
is based is our administration of justice.
The act is in force since 1872. Some find it very troublesome and
unwieldy. And what is truth. Evidence is proof and proof is truth.
The work of a judge is the work of a judge is the work of God and truth.
And why is it so said? You will see that our supreme court has twice
explained it by giving even proper quotations. The court has said,
“Justice is constant and perpetual will to render to everyone that to
which he is entitled. How will you do this? Take for instance the case
of a person who is poor and downtrodden and another with abundant of
riches. Both come before the court because they had to suffer some
injustice. In this case in whose favor is justice to be seen? In case
the truth is in favor of X or Y, and injustice is done to him, then that
has to be found out.
So justice has to be administered and we are told that justice is a
constant and continuous endeavor to search the truth. Otherwise what
will be the result?
You will therefore see that a judge has been called today to give you
this talk because he has to face the biggest untruth.
Friends my name does incorporate an element of truth in it and I used to
practice law earlier and our J. Krishnamurthy, with whose name you may
be familiar, used to remark that we pray in the morning and go to the
temple and then in the afternoon go and practice law and so big we were
and I
Too have come from this environment and so you should not given me
credit merely by looking at my bio-data, because in the bio-data lot of
things are written and got interpolated and it is also at times based on
untruth.
Today if you see any importance of truth and justice, you will be
required to help and uplift all such institutions like the present one,
where truth and justice alone are practiced.
If in the land of Mahatma Gandhi who used to practice and experiment
only with the truth, we are required to debate about the very truth, it
is worthwhile thinking as to why that truth has become a subject of
debate today and not of interaction amongst people.
Article from the Yoga & Total Health Magazine of August 2010