The Unwritten Law and the Unclean Hands

Shri KTS Tulsi, a very senior advocate of the Supreme Court was scathing on his remarks about the Haryana IAS officer calling it a *Scandalous Act* on Headlines Today (Oct 16th, 2012).

The Scandalous Act was that the officer had taken a judicial decision after he has been transferred. To be more precise after a transfer order had been served on him at 10 PM in the night. Bhushan another victim of the salacious tongue of Tulsi and an equally accomplished lawyer sprung to the defense of the officer. Tulsi predictably hedged his outrageous comment by saying it was an *unwritten law*.

What the IAS officer claimed was this – an officer who did not have the power to mutate passed the mutation order. Having known of the illegality of the order and the undue enrichment of individuals / corporations, the officer immediately cancelled the order. In another channel a Tehelka reporter also showed Tulsi like outrage and talked of due process of Law.

Looks like Tulsi had ommitted the portion on *He who comes into equity must come with clean hands*. Would request him to read up here.

To digress, a few years back i learnt an important lesson in Law, not from any great lawyer, though i have had the opportunity to interact with many great lawyers. This was from my Purohit who was much younger, not worldlywise. My father had just died and i was doing the rituals. Those were days when i was extremely uncomfortable even if had not shaved for a day. So i used to do the rituals after shaving. A little embarrassed I asked if what i did was correct.

He answered quoting our pontiff the Ahobila Mutt Jeer – self shaving is proscribed for a brahmin, you have been doing it regularly. So now no Law can bind you. What you are doing is Ok!

What the Purohit was conveying (to Tulsi) is this – the Act of mutating was illegal (transgressed Laws), so no subsequent illegality can correct that. If there is one illegality in the whole chain of events it is the act of mutation.


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