BOB DYLAN
And don't speak too soon
For the wheel's still in spin
And there's no telling
who that it's naming
For the loser now
will be later to win
Cause the times they are a-changing.
That's Nobel Laureate Bob Dylan's The Times They Are A-Changin, warning
writers and critics, who prophesies with their pen, not to jump the gun
too soon.
But these lines found a quite different reading in the Kerala High Court, in the
hearing of a petition against the state's liquor policy. The judgement
pronounced on January 6, pertained to a petition by Perumbavoor native MS Anoop,
challenging the state policy, claiming that it was a violation of one's
fundamental rights. Dismissing the petition, the division bench comprising of
Justice PR Ramachandra Menon and Justice Dama Seshadri Naidu maintained that,
common good takes lead and subordinates individual's
inclinations. (MANU/DE/0058/2016)
However, the judges concluded the 46-page judgment, with a ray of hope, courtesy
Bob Dylan. Quoting the renowned musician's lines, they accentuated that, what is
today morally reprehensible and socially unacceptable may not be so tomorrow.
While the Kerala HC's reference to Dylan is seldom in referencing a modern
songwriter,the esteemed judges of India have often turned to literary sources
when plain legal language has been considered insufficient to the task.
In the matter of Ashok Kumar Aggarwal vs CBI, Justice Siddharth Mridul in
Para 50, nattily quoted:
If it were done when 'tis done, 'twere well. It were done quickly. Shakespeare,
Macbeth (Scene VII), elucidating on the legal position which emerges the
question of validity of a sanction must be decided as soon as it is raised and
cannot be postponed to a later stage of trial, as an invalid sanction goes to
the very root of the jurisdiction of the Court that has taken cognizance.
Further in Para 90 (d) , while casting light on the conduct of CBI quoted an
aphorism:
All [men] are equal, but some are more
equal than the others.
-George Orwell, Animal Farm
While finding no substantial evidence in the charge against the petitioner
A couplet in Para 92 by Kaif Bhopali is apposite:
Janab-E-'Kaif' Yeh Dilli Hai 'Mir' O 'Ghalib'
Ki, Yahan Kisi Ki Taraf-Dariyan Nahin Chaltin.
While stating the tribulation faced by petitioner on account of prolonged
litigation between him and the official respondents, he had endured suffering,
humiliation and considerable trauma and the same was encapsulated by Justice
Mridul when he quoted Bob Dylan How many roads must a man walk down, before you
call him a man?
In a nutshell, it can be concluded that citing Literature in judicial opinion
proves to be a versatile technique, which if used sparingly with care, can
embellish a judgment.
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