There is nothing ominous in the remark. It only gives us, in very clear terms
that the Hon Judges on the Bench have understood our case. What remains to be
heard is only, what reasons the SG is going to advance in support of the
LIC/Govt and the reply thereto by the pensioners counsels. Normally, to my
little knowledge, it appears that after the SG, it will be the turn of the main
Respondent followed by others to reply. Usually other counsels will supplement,
if there is any new point of argument but otherwise go with the main arguments.
The Judges usually may not show interest to hear the same arguments and may ask
only for any other points. Afterwards the court will reserve the judgement to
be pronounced later. We should be happy if this happens in one or two hearings.
Having said that, we should remember that there are certain points to be noted.
Some questions such as if the Bench says, Govt’s approval is necessary, and
they are empowered to, no doubt we will lose our case. It will be naïve to come
to such a simple conclusion and I don’t think those who are in the know of
things, from the legal angle, will agree. It has to be understood that many may
not be aware of the niceties of the arguments that will arise during the course
of the hearing. No one, including myself, for the pensioners have come out
openly with our arguments nor is it wise to disclose. So it is not ominous but
necessary to foresee what can be expected. I am not in any panel on strategies
planned. I was lucky to know some of those fighting and having been before the
bar fighting legal battles for the LIC, I ventured to sharing my views with
them.
The LIC’s civil Appeal was allowed to be listed by the
SC. Counter has been filed opposing the admissibility of it, because LIC is not
considered as aggrieved by the decision of Justice Bhandari. The Division Bench
of the Rajasthan HC has made it clear while dismissing the LIC’s appeal. The
Govt. did not appeal along with the LIC nor did they file any counter after the
DB gave notice to them, even after adjournments to do so, as stated by the DB.
The SLP filed by the LIC was dismissed. The litigation has come to an end then and
there and nothing remains to be decided by the SC. But there is another set of
SLPs filed by the Govt. after a lapse of more than three years of the Judgement
of the SB of Jaipur. When the Govt. did not file an appeal itself before the
DB, within the normal time for moving the SC of 90 days from the date of the
judgement appealed against, how can the SC now be persuaded to admit and hear a
hopelessly time barred SLP, which in effect is a permission to file an appeal,
despite bold attempts through top lawyers of the Govt. with all persuasive
presentations in flowery language. If in spite of this, the petitions are
heard, our argument will continue.
May I also inform you that the sum up of our case by the Bench, as reported,
was anticipated soon after the filing of the appeal, and enough ammunition is
at hand to break the seemingly impregnable shield worn by the Govt. with the
LIC hiding behind.
Please be patient, do not discourage the fighters, allow law to take its own
course, we will succeed. May be our case may create history. We are all old,
and in a war many soldiers and others are laid to rest but let us hope those of
us now here, will be there to enjoy the fruits of our labour, which is not far
away. We have, I believe very good chance to win our case hands down. Please
don’t despair. All these years we have worked following the principle of
‘utmost good faith ’and have faith in those handling the case and our counsel.
Let us believe that Senior Advocates is the SC are worth their salt.