Punjab and Haryana High Court judges weave literary wisdom into legal rulings

Saurabh Malik

Chandigarh, June 21

All judges deliver justice. But some Punjab and Haryana High Court judges literally elevate justice to the level of “poetic” by weaving in their rulings the wisdom of the literary greats. From Shakespeare to Orwell, the jurists use quotations not as mere embellishments but as integral parts of legal reasoning.

For them, the task of writing judgments does not come with the feeling, “well now that’s done: and I’m glad it’s over”. Their exploring minds encounter no defence as they transform the dry prose of legal texts into literary pieces by quoting Washington Irving and other authors extensively.

When Justice Anoop Chitkara, in a judgment, mulls “to grant or not to grant bail to an expecting mother languishing in jail”, he not only merges the realms of law and literature artfully but also deploys TS Eliot’s style of alluding to literary works in a manner that attains greater significance. Justice Chitkara also quotes George Orwell’s 1984 with reference to “Big Brother”.

American essayist Ralph Waldo Emerson, in his quest for original thought, once expressed disdain for quotations. He said: “I hate quotation. Tell me what you know.” But Justice Sumeet Goel uses literary quotes to add impact to his original thoughts. He invokes the timeless words of Shakespeare by quoting, “Love looks not with the eyes, but with the mind, and therefore is winged Cupid painted blind.” Justice Goel enriches his judgment further by citing Henry VI, proclaiming, “A marriage is a matter of more worth, than to be dealt in by attorneyship.”

Justice Anupinder Singh Grewal, too, brings literary depth to his judgments by referencing the words of William Wordsworth, “The child is the father of the man.”

Now transferred to the Rajasthan High Court, Justice Arun Monga draws from Shakespeare’s Hamlet to critique the internal mismanagement within an educational institution. Referring to contentions about the prevailing state of affairs, Justice Monga quotes, “Something is rotten in the State of Denmark.”

In crafting his judgments, Justice Monga selects each word with precision like an author and includes in a ruling Leo Tolstoy’s words, “If you look for perfection, you will never be content.” He quotes Shakespeare in another judgment to say fraud cannot create legitimate claims: “For true it is, that neither fraud nor might can make a title where there wanteth right.”

The love for Shakespeare finds a reflection in judgments of judges now off the bench. Justice Mahavir S Chauhan quotes extensively from King John’s Act Five. Justice Harinder Singh Sidhu’s reference to “The quality of mercy is not strain’d” from The Merchant of Venice eloquently highlights the essence of mercy in judicial proceedings, while Justice Fateh Deep Singh’s quote about demanding a “pound of flesh” without shedding blood serves as a stark warning against unjust demands.

Justice Rajiv Narain Raina says: “There are no lollipops for the court to give to a crying adult to pacify him. Shakespeare wrote in Hamlet, Act 3, Scene 4: “I must be cruel only to be kind. Thus bad begins and worse remains behind.’” Reference to Rip Van Winkle is an all-time favourite to illustrate complacency and stagnation.

For the judges, quotations are at times sine qua non to the judgments. To quote or not to quote is no longer a question.