Lawfully yours: By Retd Justice K Chandru
Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court. Do you have a question? Email us at citizen.dtnext@dt.co.in
Judges can’t make use of privileges, protocol facilities for personal choices
Q. Judges making use of their privileges or protocol facilities for personal choices -- be it demanding an explanation from railway officials over an inconvenience caused during a train journey or ordering the removal of fish vendors from the approach road to court -- is an issue whose time has come to be addressed for once and all. How can a civil society organisation go about this and what should be the appropriate forum and procedure involved?
— Jeyaprakash, Villivaakkam
After the Allahabad judge questioned the Railway administration on the alleged lapse in services, the Chief Justice of India has given proper admonition to all judges who think it was their birthright to enjoy privileges. He had said that it was not their right and should not make an issue with their official capacity. Some judges have not understood the concept of equality enshrined in the Constitution and continue to think that “some men are more equal”. In fact, one judge who used to drive back to Bengaluru lamented about the wait in tolls and stated that judges should have separate dedicated pathways for a seamless journey. They fail to understand that as a person holding a constitutional office, their public life should be modest and that they should not expect any favourable treatment from any place or from any authority.
Power of Attorney can be revoked by its author at any point in time
Q. A close friend of mine, who is stationed abroad due to job requirements, is planning to dispose of his self-acquired commercial
building in Kancheepuram. He is contemplating issuing a Power of Attorney (PoA) to his maternal nephew or me, or preferably both of us together. Is it legally possible? Are there any limitations or chances of misuse involved? Will he be able to revoke it once back in town?
— Karthik Venkat, Walajabad, Kancheepuram
A Power of Attorney can be executed by your friend from abroad in favour of two persons. That will to some extent reduce the possibility of its misuse.
Further, Power of Attorney can be executed for a single transaction also.
However, the PoA can be revoked by its author at any point in time.
