Advocate takes on CLB judge with dictaphone on

Deepak Khosla: Your honour, with permission,
this is a recording device, if your honour would kindly permit that…. CLB member: Nononono, the rules … you’re
not supposed to do anything. Yes, may I see the rule your honour? You’re not supposed to do anything. Not do anything mean? You’re not supposed to record anything. May I see the rule your honour? … [shuffling papers] Your honour, but I believe it’s not been gazetted
so far, so until it’s gazetted. You’re not permitted to do anything. No rule
traditionally (?) is there permitting you to record any… Now rule has come prohibiting anybody to record
anything, ok? But your honour, as a judicial officer, your
honour would surely be aware that a law would only come into effect when it’s gazetted. Only one thing I’m telling you is you’re not
supposed to do it. Nono, I’m willing your honour, i have no difficulty
if I just know the provision of law. That’s why i have been writing to the company law
board, kindly see these letters, I brought a copy. If today’s date is given for hearing the application
… That’s right, but you see, I have difficulty
with the score, because your honour will either distort what I say or not include in the order
what I say, so if your honour will see the honourable chairman’s order Only thing is if you have no confidence in
this bench, only thing is if you are […] only thing is you have to file an appeal. An appeal of what your honour? Whatever are […] by honourable chairman.
If you feel you are aggrieved […] if you don’t have any confidence in this bench, please
ask the competent authority to give With the utmost of respect, it’s not a problem
of confidence. If there was a problem of confidence, honourable
chairman I think in the order of 10th of January has asked me whether I have any reservation
appearing before this board, before the honourable member, and I said that no, as long as my
submissions are fairly recorded. But you see, what is… Have you put it on? It is on, I’ll switch it off if your honour
shows me the provision of law. Nono, you’re not supposed to do it. Just tell me the provision of law, your honour,
I will switch it off, no difficulty. You’re not supposed to record anything, that’s
what I mean. Your honour, I respectfully submit please
inform – you see, today you are quoting regulation 51… If you want to make submission make submissions
after putting it off. So can your honour inform me of any provision
of law? There is no provision of law that your honour is aware? There is no provision of law for recording
anything. There is no provision for breathing also.
There is no provision that so many things. If you want to argue your application, argue. No no, I’m willing your honour. Put if off. So your honour will faithfully record whatever
I submit if I urge this court that to please include in the order some submission that
I’ve made, I hope that will not be refused to me. See gentleman, it is not the way in which
to make submissions like this. If you have any confidence, make submission, otherwise
file an application to transfer proceedings to another bench. Your honour, I have the confidence, all I’m
saying is if you do not include in the order some submission that I’ve made… You are not supposed to record anything here!
(raised voice) I’ll switch it off, but I’ll switch it off
not because you are directing me to but because I’m choosing to. If you don’t do it, then I’ll take action. Under what provision of law? I don’t need to explain all these things to
you. I’m entitled– I don’t need to explain all these things to
you. You’re not supposed to do it, don’t do it. I’ll stop your honour, I’m only saying that
for any matter, any law to be enforced in the nature of a prohibition, the law needs
to include the penalty for breach. So your honour may tell me, what is the provision
of law and I have no difficulty. If there is a law, why should I breach the law? See gentleman, you are breaching the law,
you are not supposed to do all these things. Your honour, I respectfully reiterate for
the eighth time … I am asking, if you want to argue the matter,
argue. I certainly want to argue. Yes yes, argue, otherwise I’ll put the matter
some other day. Nono, I want to… What the [chairman?] is saying, is insisting
upon this bench to record the proceedings of this … No no, I’m not insisting your honour, I’m
not insisting. Please, this is exactly the problem of appearing here [raised voice].
I am saying please inform me the provision of law. I don’t want to hear, if you behave like this
[recording ends]

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