From verses and ballads to dramas and lyrics, judges seek wisdom in the words of the greats: Shakespeare’s plays, Sahir Ludhianvi’s poetry, Bob Dylan, and Pink Floyd’s melodies. In their echoes, judgements find grace—relative truths in a timeless space
“And then one day you find, 10 years have got behind you, No one told you when to run, You missed the starting gun…” These are lines from a recent judgement by the Gujarat High Court, which quoted from Time a song by the British rock band Pink Floyd. Words are powerful. Hence, one must wield them carefully. These lines from Time are rather unconventional, intriguing, and relatable. It not only makes the judgement more accessible, but it also reinforces the idea that the law, much like a song, should resonate with the people, rather than being confined to rigid legal jargon. What impact does it have on the dignity of the courts?
Shakespeare In Court
“Judges often quote Shakes-pearean lines, stories, or characters to illustrate legal points,” Kushank Sindhu, advocate, Supreme Court of India. Former Chief Justice of India, H.L. Dattu, referenced the line: “A man is master of his liberty” from Shakespeare’s Comedy of Errors when interpreting personal liberty in relation to preventive detention laws. Justice Katju used Shakespeare’s Julius Caesar to highlight the horrific conditions society would descend into if crimes are not strictly dealt with.
“I feel that creatively using sentences in judgements which may include poetry or prose, in a manner which makes them easily readable, does not interfere with the cause of justice. Judgments often refer to works of literature for instance, Shakespeare’s dramas. Several of Justice Markandeya Katju’s judgments in the Supreme Court cite several Urdu shayari, which vivify the complex legal points and facts dealt with in his judgments. When judges invoke song lyrics in judgments, they do not merely embellish the law—they humanise it,” adds Kushank.
A Poetic Message
“Pinha tha daam-e-sakht qareeb aashiyaan ke
Udhne hi na paaye the ki giraftaar hum hue.”
“There are millions of sex workers in India...I compared them to the young chick referred to by Ghalib which is caught in the hunter’s net even before it could make its first flight.”
- Markandey Katju, former judge of SC, explaining the use of the couplet said.
“We can’t discount the fact that judges are also one among us. Judges, like us, can choose to use song lyrics to convey a point. Courts worldwide have consistently established guidelines for the composition of judgements. Apart from adjudicating a case, the agenda behind writing a detailed judgement is to clearly communicate with the general public in educating them about what the law is. Once this purpose is fulfilled, it wouldn’t matter if the judgement contains lyrics from songs, couplets, or quotes from movies or books,” says Shraddha Gupta, advocate (The Law Chambers).
Lighten The Atmosphere
Saif Mahmood, an SC advocate, recollects representing prominent attorney Salman Khurshid against a hostile Delhi High Court panel in 2018. After the benches broke, the counsellor asked about the events. “After I said the judges sounded hostile, he asked if I could write Urdu poetry about it. I recited Shuja Khawar’s couplet,” says Advocate Saif Mahmood.
“Ho gaya is baat par sab munsifon mein ittefaaq.
Main lagapatthar ko pehle, phir mujhe pattharlaga.” When the bench resumed, he told the judges to hear the couplet because it concerned munsifs. Justice Siddharth Mridul, who presided, said, ‘An Urdu couplet about a munsif can never be generous to the munsif,’ and asked Mahmood to read it. “I hesitated because I seldom use poetry in court. Justice Najmi Waziri repeated the request; I had to recite the couplet. After laughing with us, both judges said, ‘We should probably return to the counter affidavit.’ Courtroom mood brightened substantially,” Saif shares.
