The recent directive of the Supreme Court to the High Court to exercise caution when summoning senior government officials to be present in the court is timely. Such a tendency of High courts and even administrative courts (who are vested with powers to issue notices of contempt) has been on the rise in the last few years, perhaps emboldened by the Supreme Court summoning the then Secretary, Department of Economic Affairs and the then Director of CBI to be present in the court on a daily basis in the notorious hawala scam case. Very often the courts exercise this power to show off their authority irrespective of considerations of expenditure involved and the waste of time. Surely this is not the only option available with the court to ensure compliance with their directions.
The recent observations of the apex court that judges should have modesty and humility and have respect for the executive are a refreshing departure from the remarks of Justice R.N.Agarwal in the DMK’s bandh call case. The sterling observations of Justice Gajendra Gadkar in the 1965 SC 745 emphasising “restraint, dignity and decorum” extracted in the brilliant article by V.R.Krishna Iyer “Contempt, Power and some Questions” (The Hindu, Oct 1st) should serve as model guidelines for the judges in their approach to the executive.
The strident criticism of the observations of Justice Agarwal in The Hindu followed by the reactions of the readers is a measure of the growing concern that the judiciary should not allow itself to be swayed by considerations other than judicial in dealing with sensitive matters having political overtones. There is no quarrel with the proposition that the Constitution envisages the independence of the judiciary within the overall scheme of the separation of powers. Judges like Cesaser’s wife, should be above suspicion. The example of the then Federal Court Judge Shri S.Varadachari in politely declining the invitation of Prime Minister Nehru to tea on this very ground shows the extent to which the judiciary was particular about its conduct in those days. The respect of the executive for the judiciary in the post independence period was reflected in the apology tendered by Nehru immediately after he was criticized by the Opposition for his muted criticism of Justice Vivian Bose of the Supreme Court when he was appointed as a Commission of Inquiry.
Since then, these healthy traditions have been given a short shrift. The judiciary did not cover itself with glory when it delivered a judgment upholding the declaration of Emergency, thus “crawling when it was asked to bend.” The then Chief Justice of India’s letter congratulating Indira Gandhi on her return to power and some judges seeking favours with the state governments for allotment of land for housing, eroded the esteem with which the public held the judiciary. In recent times, the delicate balance between the judiciary and the executive as laid down in the Constitution has been upset on several occasions. The ivory tower approach of the judges in the case where they have asserted that the judiciary alone has powers to transfer judges has only widened the gap. Politicians, especially those from the regional parties, have been making reckless and provocative statements against the judiciary. At such times it becomes all the more important for judges to exercise self restraint in reacting to such baits.
Considering the huge backlog of cases, judges need to devote their energy and time for clearing pending cases and resist the temptation to enter into the thicket of controversy. This will ensure that the prestige of the judiciary as a sentinel of democracy will be restored.
Thursday, May 22, 2008
The Glory of Sudarshana Chakra
A typical feature of the numerous Vishnu temples in Tamil Nadu, is a separate sannidhi for Sudarsana Chakra, popularly known in the south as Chakrathalvaar.
The Sudarshana Sannidhi of the Ranganatha temple of Srirangam ( shown in the accompanying photo on the left) is particularly well known. Among the well known Vishnu shrines is Kumbakonam, hailed as the town of temples, is the temple of Chakrapani. This is the only temple where the principal deity is Sri Sudarsana (Chakrapani) with an awe-inspiring third eye on his forehead and four hands holding various weapons. Legend has it that Lord Vishnu once dispatched the trusted Sri Sudarsana to destroy the demon Jalandasura in paatal lok (netherworld).
After executing the assigned task, Sri Sudarsana emerged from below the earth at Kumbakonam on the banks of the Kaveri river and reached Brahma who was then bathing there. Brahma consecrated the image of Sri Sudarsana in this place and worshipped Him. This spot is called Chakratirtham. It is believed that Lord Sarafoji Maharaja, the Maratha king who ruled Tanjavur installed his and his daughter’s bronze statues in the temple to mark the curing of his daughter’s illness, through the grace of Chakrapani.
The Panchayudha stotra is about Lord Vishnu’s 5 weapons (Shankh, Chakra, Gadha, Khadga and Saranga). Of these the Chakram commands primacy and is the King of Weapons (Heti Raja). The following verse from this stotram describes the attributes of the powerful Sudarsana Chakra.
In the Vishnu Sahasarnamam, the mighty Chakra figures in the important, concluding verse:
Adorning the right hand of Vishnu, Sudarsana is the most potent of all the weapons of Sri Narayana. There are several instances when Chakrayudha was used to destroy evil forces. When Rahu and Ketu cheated the Devas by joining the queue during the distribution of amrit, Maha Vishnu severed their heads using Sudarsana. Again, in the Mahabharata, when Sishupala crossed all limits and abused Krsna more than a 100 times during Draupadi’s Swayamvara, Krsna killed him using Sudarsana Chakra.
Sudarsana also came to the rescue of Vishnu’s devotees like Gajendra whenever they faced danger. King Ambarish, a great Vishnu bhakta, was saved from the wrath of Durvasa who had to bow before Sudarsana and seek his pardon for being unfair to Ambarish. During the course of a fierce battle with demon Kalanemi, Vishnu ordered Sudarsana to destroy the rakshasha. After accomplishing his task, Sudarsana took a dip in the holy pond to pacify Himself. This pond is now known as Tirumukkulam near the town of Srivilliputhur.
According to the Vedas, Puranas and Itihaas, the task of protecting the good and eliminating the evil is performed by Sudarsana. The Sudarsanashtakam composed by Swami Vedanta Desika (1269-1370) brings out the magnificent characteristics of the Sudarsana Chakra in all its resplendent glory. It is sung in the 'dhrithas' chandas (metre) which is light and friendly, making this brief song a pleasure to listen to.
O Sri Sudarsana! All the enemies of your Lord's devotees run away fearing your strength. All auspicious attributes find their home in you. Those who worship you cross the 'shore less' ocean of Samsara and free themselves from the cycle of birth and death. The entire Universe is stabilized by your mighty power. You cut asunder all the sins of those who approach you as their refuge. You bless all of your devotees with the knowledge of righteous conduct as prescribed by the Vedas. O Lord Sudarsana. Hail to Thee! Hail to Thee!
The last line Jai Jai Sri Sudarsana, Jai Jai Sri Sudarsana recurs as the closing line of each of the eight paras of the Ashtakam. It is believed that the shloka was composed by Sri Desika to invoke the blessings of Sudarsana to alleviate the sufferings of the residents of Tiruputkuzhi (near Kanchivaram) who were inflicted by a dreadful disease.
In the phalastuti of the shloka - it has been said that Sri Sudarsana will take care of all the wishes of those who chant it, no matter how difficult to attain those wishes might be.
Today, devotees also seek Sri Sudarsana’s blessings by performing an Agni homam. The foremost attribute of the Sudarsana Chakram is "Pida Pradanam", or relief from all kinds of pain and suffering. The Chakram also has the attribute of "Papa Nashanam" destroying one's sins.
Therefore, performance of the Sudarsana Homam confers health, wealth and prosperity on the seeker (in this case the person who performs the Homam). Purity of thought, sound and intonation while chanting the Homa mantras is vital for attaining sampurna phalam.
MAT Farewell Speech
(Speech made on the occasion of the farewell party hosted by legal colleagues when he retired as Vice Chairman, Maharashtra Administrative Tribunal)
My interaction with the cream of the legal fraternity dates back to the turbulent period in the nation's history, the Emergency. I was putin charge of processing various writ petitions filed by top political leaders who were detained under MISA, including Shri Morarji Desai, Jayaprakash Narayan, AB Vajpayee, LK Advani and others. They had filed writ petitions in various high courts challenging their detentions. While many senior members of eminent counsel were willing to appear for these detinues, hardly any senior lawyer was willing toappear for the government. In fact, I recall an amusing incident. Shri KuldipNayyar,an eminent journalist, was detained in Delhi. He challenged his detention under MISA in the Delhi high court. We contacted a senior counsel after a good deal of effort on phone, who agreed to appear for the government. I went to him to brief him on the stand of the givernment in regard to various grounds raised in the petition. When the lawyer saw the name of Kuldeep Nayyar on the first page of the writ petition, he said "I am sorry there is a mixup. I wont be able to appearfor the government. When i enquired with him the reason for his backtracking, he said "I seem to have misheard your Joint Secy. I thought it was Mair. I just realised that it was Kuldeep Nayyar, who is a close relative of mine. I left the place quietly, wondering about the remote posiibility of engaging another counsel.The Bar is one of the pillars of our judicial system. I thank the learned members of the Bar with whom i had occasion to interact for the last five years for their unstinted cooperation in the disposal of cases. My encounter with them was pleasant, enlightening and educative. The marshalling of arguments and my attempts to understand their points espoused point of view when the cause of their cleints many times led to what i would call "syllogistic cudgelling of each other out of our wits". There were fireworks sometimes, but there was no bitterness. There was always bonhomie and every issue was tackied with the right spirit.Even in court no. 3, where i used to hear cases of Single Bench, more heat than light was generated, primarily because the room was not air coditioned!My learned brother and I decided to follow certain ground rules during the hearing of cases. Patient hearing, seeking clarification on points, were such ground rules. My interruptions in this court may have been irksome, but i always felt that it was better for the learned counsel to throw light then and there, as opposed to leaving issues to the realm of conjecture. Passing ordersand rulings on the fixed dates was another ground rule. Judicial restraint was another salient principle we followed. Intemperate language either in our orders or during the course of hearings was taboo, and scruplously avoided, though in some matters, especially in contempt proceerdings, there were provocative circumstances.I'll relish with fondness, memories of my association with the Tribunal. The groundswell of goodwill will be a source of strength to me during my retirement.
My interaction with the cream of the legal fraternity dates back to the turbulent period in the nation's history, the Emergency. I was putin charge of processing various writ petitions filed by top political leaders who were detained under MISA, including Shri Morarji Desai, Jayaprakash Narayan, AB Vajpayee, LK Advani and others. They had filed writ petitions in various high courts challenging their detentions. While many senior members of eminent counsel were willing to appear for these detinues, hardly any senior lawyer was willing toappear for the government. In fact, I recall an amusing incident. Shri KuldipNayyar,an eminent journalist, was detained in Delhi. He challenged his detention under MISA in the Delhi high court. We contacted a senior counsel after a good deal of effort on phone, who agreed to appear for the government. I went to him to brief him on the stand of the givernment in regard to various grounds raised in the petition. When the lawyer saw the name of Kuldeep Nayyar on the first page of the writ petition, he said "I am sorry there is a mixup. I wont be able to appearfor the government. When i enquired with him the reason for his backtracking, he said "I seem to have misheard your Joint Secy. I thought it was Mair. I just realised that it was Kuldeep Nayyar, who is a close relative of mine. I left the place quietly, wondering about the remote posiibility of engaging another counsel.The Bar is one of the pillars of our judicial system. I thank the learned members of the Bar with whom i had occasion to interact for the last five years for their unstinted cooperation in the disposal of cases. My encounter with them was pleasant, enlightening and educative. The marshalling of arguments and my attempts to understand their points espoused point of view when the cause of their cleints many times led to what i would call "syllogistic cudgelling of each other out of our wits". There were fireworks sometimes, but there was no bitterness. There was always bonhomie and every issue was tackied with the right spirit.Even in court no. 3, where i used to hear cases of Single Bench, more heat than light was generated, primarily because the room was not air coditioned!My learned brother and I decided to follow certain ground rules during the hearing of cases. Patient hearing, seeking clarification on points, were such ground rules. My interruptions in this court may have been irksome, but i always felt that it was better for the learned counsel to throw light then and there, as opposed to leaving issues to the realm of conjecture. Passing ordersand rulings on the fixed dates was another ground rule. Judicial restraint was another salient principle we followed. Intemperate language either in our orders or during the course of hearings was taboo, and scruplously avoided, though in some matters, especially in contempt proceerdings, there were provocative circumstances.I'll relish with fondness, memories of my association with the Tribunal. The groundswell of goodwill will be a source of strength to me during my retirement.
Krishna, The Charioteer
Sri Krsna's role in Mahabharata as charioteer for Arjuna sitting in the front, with one of the legs resting on the knee, looking behind at Partha and showing the Jnanamudra with the right hand exemplifies His desire to steer the course of His devotees like Arjuna for the establishment of righteousness.
2. As a diplomat and as one interested in averting war between Kauravas and Pandavas, He donned the mantle of a messenger of peace. When His mission failed, they were forced to fight. Both Duryodhana and Arjuna reached Dwaraka at the same time to seek the help of Krsna. He was having his afternoon siesta. Arjuna sat at the foot of the bed, Duryodhana at the head. When He woke up, He saw Arjuna first and thereafter Duryodhana. Both requested help. He told them that He had taken a vow not to take up arms in the ensuing war. However, He agreed to help both sides. To one side He would give his famed thousand million soldiers, the Narayaniya. On the other side He himself would be present, but without arms. Since on waking He had seen Arjuna first, He gave the choice to him. Arjuna chose Krsna, who agreed to be his charioteer on the battlefield. In the words of Nityalilalina Sri Hanumanprasad Poddar "He had made the Lord the sole support of his life. Therefore, caring little for the divinity of the Lord, and making the Beloved Lord, the embodiment of love, his only helper and guide, he had handed over the reins of his chariot as well as of life to the Lord".
3. The role of charioteer posed a formidable challenge. Krsna had to bear the brunt of the rapid volley of arrows from the Maharathis like Bhisma, Drona and Karna. However the combination of Krsna and Arjuna proved to be deadly. In his blow-by-blow account of the battle, Sanjaya told Dhritarashtra :
"Victory and justice are ensured when there is a combination of
Arjuna, the wielder of the bow and Krsna , the Lord of the Yoga"
Though the victory of the Pandavas was assured because Lord Krsna was on their side, the onerous task of convincing Arjuna about the need to fight and destroy the Kauravas was left to Lord Krsna , who spoke the Gita, the quintessence of total wisdom of humanity.
4. Having prepared the ground for Arjuna to fight, Krsna discharged meticulously his duties as a driver. In addition to preparing the chariot every day, He led the horses to the river at dusk and applied healing balm to their wounds. Sri Sathya Sai Baba says that Krsna set an example by his actions that 'Seva to both men and animals is dear to God'. Arjuna's horses were tormented by arrows during the battle against Jayadratha and were feeling thirsty. They were, therefore, harnessed. Sri Krsna swiftly pulled out the arrowheads from their flesh, bathed them, made them eat grass and drink water and after some time yoked them to the chariot.
5. Though He had vowed not to wield any weapon during the war, there was an occasion when He went back on His word with the twin objective of blessing His devotee Bhisma and protecting the Pandavas. On the ninth day of the battle Bhisma could not be stopped when he was playing havoc on the Pandava army and Arjuna was not fighting as was expected of him.
6. To remind Arjuna of his duty and finding him helpless Krsna jumped from the chariot throwing away the reins of the horses and rushed towards Bhisma with his discus in hand. Bhisma Pitamaha was overwhelmed that as an ardent devotee he was able to experience His gracious nature. Thus Krsna saved the life of Arjuna, his devotee and at the same time enhanced the glory of Bhisma, another devotee.
7. For safeguarding the interest of Arjuna, Krsna endured against His chest the evil effect of Vaisnavastra , the all devastating weapon hurled by Bhagadatta. Again He saved Arjuna from the serpent mouthed arrow hurled by Karna by pressing the chariot under His feet and to protect Arjuna's chariot which was almost burnt by the impact of the arrows.
8. In the famous Tiruvallikeni temple at the heart of Chennai, the only Divyadesam where the Lord sports a moustache as per the custom of charioteers, the grand, bewitching and ever smiling Utsava Moorthy has scars on His face caused by arrows from Bhisma during the Mahabharata war. The Divya Mangala Vigraha, with conch in the right hand and Jnana Mudra in the left hand pointing to His sacred feet signifies the famous Carama sloka of Bhagvadgita. The colour of the face changes to gold copper tint after ‘Tirumarjanam' and thereafter to bluish black. Even experts in metallurgy are said to be baffled by these regular colour changes.
2. As a diplomat and as one interested in averting war between Kauravas and Pandavas, He donned the mantle of a messenger of peace. When His mission failed, they were forced to fight. Both Duryodhana and Arjuna reached Dwaraka at the same time to seek the help of Krsna. He was having his afternoon siesta. Arjuna sat at the foot of the bed, Duryodhana at the head. When He woke up, He saw Arjuna first and thereafter Duryodhana. Both requested help. He told them that He had taken a vow not to take up arms in the ensuing war. However, He agreed to help both sides. To one side He would give his famed thousand million soldiers, the Narayaniya. On the other side He himself would be present, but without arms. Since on waking He had seen Arjuna first, He gave the choice to him. Arjuna chose Krsna, who agreed to be his charioteer on the battlefield. In the words of Nityalilalina Sri Hanumanprasad Poddar "He had made the Lord the sole support of his life. Therefore, caring little for the divinity of the Lord, and making the Beloved Lord, the embodiment of love, his only helper and guide, he had handed over the reins of his chariot as well as of life to the Lord".
3. The role of charioteer posed a formidable challenge. Krsna had to bear the brunt of the rapid volley of arrows from the Maharathis like Bhisma, Drona and Karna. However the combination of Krsna and Arjuna proved to be deadly. In his blow-by-blow account of the battle, Sanjaya told Dhritarashtra :
"Victory and justice are ensured when there is a combination of
Arjuna, the wielder of the bow and Krsna , the Lord of the Yoga"
Though the victory of the Pandavas was assured because Lord Krsna was on their side, the onerous task of convincing Arjuna about the need to fight and destroy the Kauravas was left to Lord Krsna , who spoke the Gita, the quintessence of total wisdom of humanity.
4. Having prepared the ground for Arjuna to fight, Krsna discharged meticulously his duties as a driver. In addition to preparing the chariot every day, He led the horses to the river at dusk and applied healing balm to their wounds. Sri Sathya Sai Baba says that Krsna set an example by his actions that 'Seva to both men and animals is dear to God'. Arjuna's horses were tormented by arrows during the battle against Jayadratha and were feeling thirsty. They were, therefore, harnessed. Sri Krsna swiftly pulled out the arrowheads from their flesh, bathed them, made them eat grass and drink water and after some time yoked them to the chariot.
5. Though He had vowed not to wield any weapon during the war, there was an occasion when He went back on His word with the twin objective of blessing His devotee Bhisma and protecting the Pandavas. On the ninth day of the battle Bhisma could not be stopped when he was playing havoc on the Pandava army and Arjuna was not fighting as was expected of him.
6. To remind Arjuna of his duty and finding him helpless Krsna jumped from the chariot throwing away the reins of the horses and rushed towards Bhisma with his discus in hand. Bhisma Pitamaha was overwhelmed that as an ardent devotee he was able to experience His gracious nature. Thus Krsna saved the life of Arjuna, his devotee and at the same time enhanced the glory of Bhisma, another devotee.
7. For safeguarding the interest of Arjuna, Krsna endured against His chest the evil effect of Vaisnavastra , the all devastating weapon hurled by Bhagadatta. Again He saved Arjuna from the serpent mouthed arrow hurled by Karna by pressing the chariot under His feet and to protect Arjuna's chariot which was almost burnt by the impact of the arrows.
8. In the famous Tiruvallikeni temple at the heart of Chennai, the only Divyadesam where the Lord sports a moustache as per the custom of charioteers, the grand, bewitching and ever smiling Utsava Moorthy has scars on His face caused by arrows from Bhisma during the Mahabharata war. The Divya Mangala Vigraha, with conch in the right hand and Jnana Mudra in the left hand pointing to His sacred feet signifies the famous Carama sloka of Bhagvadgita. The colour of the face changes to gold copper tint after ‘Tirumarjanam' and thereafter to bluish black. Even experts in metallurgy are said to be baffled by these regular colour changes.
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