An extraordinary session!

The arguments by Counsel for the parties were tedious as usual and needlessly long. The Judges although itching to curtail the arguments, refrained from their otherwise usual interjections and caustic barbs, so as to not offend the Counsel who were designated seniors and risk bad reviews. The central court room, known as the principal court or Chief’s Court was packed like sardines, with lawyers and commoners. Maybe the matter in hand or another matter waiting its turn was of some public importance or high stake. Ever so often, the Judges, would glance at the sole electric wall clock, slowly pushing its way to five. Time always seem to hurtle when matters were more pressing or arguments were to be made within a slot.

Tucked in a corner of the benches on the far right of the Court, was seated a young unassuming lawyer, disinterested in the proceedings of the day. The cooled air, a respite from the humid and warm weather outside and the hubris and humdrum of the court, had him fall into a deep slumber. While asleep, he missed the noisy emptying of the court and locking of its doors, few minutes past five.

The quiet of the empty court which lasted till dusk, was torn by repeated bangs of the gavel on the desk, and shook the lawyer out of sleep. As his eyes opened, he quickly noticed an audience of a wide array of animals seated orderly on benches and chairs previously warmed by humans. The animals were as oblivious to the neophyte as the earlier occupants of the court.

There appeared to be a smokescreen erected before the dais, behind which, one could here muffled sounds. Seated right before the screen, on either side, were a crow and cuckoo, with two monkeys beside them. Apparently this was a hearing of a sort that was about to unfold, with the animals presiding, hidden and unknown to all, and the disputants allowed their seat beside their respective representatives. The only human whose presence was by accident was eager to observe the proceeding.

The dispute was the proverbial one, the yearly tussle between cuckoo and crow. The charges against the cuckoo were of trespass, intimidation and deception for which suitable recompense was sought.

It was announced, that the animals behind the smokescreen, had as required studied beforehand the sole matter listed for the day and were ready to hear oral submissions which were to be curtailed to a bare minimum of fifteen minutes on both sides. The two monkeys who were each ostensibly hired to represent the cuckoo and crow, took their place before the lecterns. The monkey representing the crow began his argument. The crows case was that since the hatching of the cuckoo’s egg along with the crows was the result of deceit by the cuckoo, the crows must be compensated. It was argued on behalf of the crows, that the nest was their exclusive property, and that albeit the cuckoo’s egg was incubated unknowingly, as it was only on hatching day that the deceit of the cuckoo came to light, the same could not excuse the dishonesty. The act of the cuckoo of slyly laying its egg amongst the crows, was wrong at the inception and merely because it was uncovered post hoc, did not absolve the cuckoo of transgression. The claim of the cuckoo over the nest was opposed on the ground that the cuckoo who had no role to play in nesting, was a trespasser and apathetic to its responsibilities towards its chick and therefore not worthy of any indulgence. The cuckoo’s hired representative, submitted that the cuckoo’s act was by now customary, accepted by all and a fait accompli, with absolutely no fuss leave alone dispute to be made out. It was also canvased that the nest was in effect property of nature over which all animals had an unrestricted right of use and therefore the proprietary right of the crows over the nest was misplaced. Submissions, concise and to the point, were concluded and it was announced that the judges had come to a decision and were to commence dictation of the judgment in open court. The judgment was pronounced. It succinctly held that indeed the cuckoo was in the wrong and guilty of trespass, intimidation and deception, but the same did not warrant recompense as no tangible loss was caused to the crows in hatching an additional egg. With no pomp or splendor, the proceeding came to an end, and all present began exiting the room in orderly manner, leaving behind the accidental witness to an extraordinary session.

Jacob Kadantot

Advocate