Dairy Entry - Neither Mr. S.C.Agrawal nor Mr. R.K.Garg nor Mr. V.J.Francis told me ever
to do any work nor was I ever paid anything for I was doing just nothing. Just
come, watch, read and learn if you can. Ramamurty & Co. was a perfect well
structured powerful law firm to deal with every issue raised in Supreme Court.
In fact they were there in all important Constitutional matters, with Mr.
R.K.Garg leading from the front and Mr. S.C.Agarwal, also known as the moving encyclopedia
of Supreme Court, supporting him with a great sime. Everybody was enjoying what
was happening and a lot was happening every day. There was nothing specific for
me to be do or contribute in the on going activities, except Thursday settling
of list with Mr. V.J. Francis. It was amazing to see Mr. S.C. Agrawal working
always bearing a great smile. He would read the whole file cover to cover, make
some notes, pick up some judgments and draft the whole Special Leave Petition
in his own hand writing which was like scribbling in the smallest size
possible. Beginning from ‘In the Supreme Court of India’ till ‘Drawn and Filed
by’ or sometimes dictate to the steno in the same style, if the steno was free as
he was mostly getting work from Mr.R.KGarg. There was one typist who alone was
able to decipher Mr.S.C.Agarwal hand writing and would cut the stencils. From
stencils copies of SLPs were rolled out in the side room by Mr.Sikka, one plus eleven.
One plus seven were filed in the Supreme Court (if the matter was referred to 5
judges, there were sufficient copies available), one for Mr. R.K. Garg, one for
Mr. S.C. Agrawal, one for Mr. V.J.Francis which I used to use for reading and
making my notes and one for the client. I would read all the briefs that were
listed, make my notes, read the judgments referred in the judgments of the High
Courts and noted by Mr. R.K.Garg and cited by Mr. S.C.Agrawal during conference.
I was enjoying absorbing everything that was going around. If notice was issued
in the SLP, then the stencils were re-rolled and one copy for each respondent was
filed with the registry, which used to prepare the index. The opposite counsel
was given three sets, one for his senior, one for AOR and another for his
client, after he had confirmed that he had filed the Vakalatnama.
Joining Diploma
in Administrative Law – Indian Law Institute – Right in front of Supreme Court was a building of Bar Council of India and next to it on the
right was a four storied building of Indian Law Institute. When I visited it I
found it had a huge library, particularly Law Journals from Howard, Stanford,
Yale and many other Law Universities. I also found that they were running a
diploma courses in Administrative Law, Labour Law and Company law. Since I had
a good time to spare, I joined Administrative Law diploma and would go in the
evening to attend my classes from 5.30 to 7.30 come back to the chamber and
read till 9 pm.
Joining classes
at Bhartiya Vidhya Bhawan - My grandfather
used to tell us (me and my elder brother) a story every late evening post
dinner 8.15 to 9.15 since I was of the age of 5 till 13 yrs of age. They
covered the entire Bhaagwat, Mahaabharat and Raamaayan. Swami Chinmayanada had come to Jodhpur for his
365 Geeta Gyan Yagya for the period 7 days. While I was in my final year LL.B, I
accompanied my grandfather for the morning discourse on 13 chapter of Srimat Bhagwat Gita and evening
discourse on Narad Bhakti Sutra and Parshno Upanishad. This was
the beginning of my spiritual awakening. I think it came at a time when it was
most required. A got a copy Srimat Bhagwat Gita by Swami Chidananda
with my grandfather signatures and it was the great treat of my life, reading
the same from the cover to cover. The introduction running into 78 pages opened
my thinking process and the book was the greatest treat of my life, which I
still continue to enjoy and refer to whenever necessary. On enquiry I came to
know that Chinmaya Mission was conducting classes of Friday evening and Sunday
Morning in Upanishad at Bhartiya Vidya Bhawan, which was on Karturba Gandhi
Marg, walking distance from Supreme Court. I met Swami Yagya Chaitaniya there, a young yogi and a very close disciple of
Swami Chinamayanad. The classes started with Kathopanishad, the next to follow was Kaivaliyopanishad and thereafter all the major 11 upanishad.
Acquaintances,
Associates, Colleagues and Friends - There are a
large number of amazing young advocates from all over the country who had
passed their law in 1975 – 1976. May be there is some commonality or a good
reason for all of us being here together. Made some good acquaintances with
Ashok Panda from Orissa, Ram Kumar from Chennai, Ms. Malini Poduval from
Kerala, B.B.Singh from Bihar, Rupinder Singh Suri from Delhi, Manik Tarkunde
was Justice Trakunde’s daughter from Bombay, a very respected senior. There is
an interesting group of Ms. Sunanda Bhandare, Y.K.Jain, K.K. Mohan, Anil Singh,
Rajeev Dutta, Naresh Sharma and L.R. Singh, meeting every Friday evening at
Ashoka Hotel. Cold tea with lime and french fries and lot of discussions. I
enjoyed their company and the wide range of thoughts communicated by them.
03.01.1977 –
Elevation of P.S.Kailasam as Judge of Supreme Court – Justice P.S.Kailasm from Madras High Court was elevated as a judge of
Supreme Court today
29.01.1977 – Elevation
of Justice M.H.Beg as Chief Justice of India - Today justice M.H.Beg was sown in as the 15th Chief Justice of India. The ceremony was held
at Rashtrapati Bhawan, where only few were invited. Mr. D.P.Singh, Mr. R.K.Garg
and Mr. S.C.Agarwal had all gone attend the ceremony. Justice H.R.Khanna who was
the sole dissenting judge in the MISA case was superseded and had resigned. He would
have continued as Chief Justice for about 43 days, till 12.03.1977. This was
the second supersession in the history of Supreme Court, when a seniormost
pusine judge was not made the Chief Justice of India. The earlier was
immediately after the judgment of Keshwanand Bharti in 1973, the basic structure
case, when Justice A.N.Ray was elevated as the Chief Justice of India and three
senior judges Justice J.M.Shelat, Justice K.S.Hedge and Justice A.N.Grover had
resigned. Commitment to political thinking seems to be imperative for giving
effect to the progressiveness and dynamics ingrained and inbuilt in the
Constitution.
24.03.1977 -
Congress Loses Election - Congress lost election in
Center and Rajasthan. Morarji Desai became the Prime Minister of India and Mr.
Bhiron Singh Shekhawat in Rajasthan. Mr. Shrikrishanmal Modi lost election from
Neem Ka Thana. I will have to vacate the room I was so comfortably occupying at
60, South Avenue, in next 3 months.
31.03.1977- 4.00
pm – SCBA Meeting - Supreme Court Bar Association today held a meeting
to consider the actions of Mr. H.R. Gokhale, of what did to Law and Justice and
the Supreme Court as a Union Minister of law and justice and not to allow him
to continue as a member of the Bar Association. He was instrumental in
imposition of Emergency and incharge of all legal issues with Mrs. Indira
Gandhi, Prime Minister of India. Ramamurty & Co. was very close to her. Mr.
S.C.Agarwal had drafted the S.LP against the Allahabad High Court judgment,
setting aside her election. Mr. Govind Mukhoti the Vice President of the Bar
Association spoke about the resolution he had in his hand for not allowing SCBA
membership to Mr. Gokhale. A cry was there to postpone the meeting and there
were many cries to see that the cries stop.
The resolution was then read by Mr. J.P. Goyal the main contender in
favour of passing the resolution as he seemed to be, started with some personal
allegations about him helping his son in law by briefs and to see that he
becomes something, which otherwise would not have been possible. Then he came
upon saying that Mr. R.K. Garg sat down in Keshwanand Bharti case taking Rs.
1,00,000. At that stage Mr Shiv Pujan Singh came out and shouted and cried that
if that was so, than everyone in the profession was corrupt.
The entire Bar shouted, all and every one shouted at the top of their
voice and nobody could listen what other said but everybody said what he long
wished to say. It seemed out to be a wonderful channel to project ones
thoughts, when nobody could listen but everybody could hear. This made the V.P.
say that the resolution be passed by raising of hands. Hands were raised,
counted in its own way and resolution could not be passed. There was a
victorious joys and some faces fell lopsided, but then there was call for
recounting. Again hands were raised, recounting was done, this time the other
side got more hands on its side. The expressions changed, some faces became
long and other exalted with joy. The meeting ended with resolution being
passed.
It is most interesting to see people with personal grievances, personal
attachments, personal knowledge, with rigid political orientation and singled
channeled thoughts seeing their profession of a lawyer being suspended by a
thin thread of political relationships. In the game of power, when it is used ruthlessly,
it can be serious misuse for others existing during the same time. Every man is
so bewildered, effected an involved in the moment that the real cause always
remain hidden, forgotten and we are so much effected by this thought, that we
think ourselves as the effect only, totally in contradiction with what says Shrimat
Bhagwad Geeta, but this is the real world of activities in flesh and blood for the purse and that is the philosophy for the soul.
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