30.09.1977 –
SCBA disapproves appointment of D.A.Desai J. – The strength of judges was increased from 13 to 17. V.D.Tulzapukar and D.A.Desai JJ. were sworn in as judges of
Supreme Court of India. Justice Tulzpurkar was second in seniority as a judge
of Bombay High Court. The only judge in Supreme Court from Bombay was
Y.V.Chandrachud J. Desai J. was fourth in seniority as judge of Gujarat High Court
and was comrade-in-arms with Justice Bhagwati. M.C.Chagla J. (Retd.) had made a
statement that Chief Justice B.J.Diwan was a better choice. S.H.Sheth J. who
was transferred during emergency was the second senior most judge of Gujarat
High Court and Desai J was elevated over and above them. A resolution was
passed by Gujarat High Court Bar Association and SCBA joined them to pass the following
resolution:
“The Supreme Court Bar Association strongly
disapproves the appointment of Mr.
Justice D.A.Desai as a judge of the Supreme Court disregarding the superior
claims of more senior High Court Judges including the present Chief Justice of
the Gujarat High Court. The Association therefore resolves not to attend the
swearing-in-ceremony of Mr.Justice D.A.Desai. The Association wishes to put on
record its complete satisfaction at the appointment of Mr.V.D.Tulzapurkar to the
Supreme Court”.
However, since the swearing ceremony was one after another with Tulzapukar
J. being sworn in first, the members did not have much choice not to attend Deasi
J. swearing in ceremony. It was hilarious and also made me wonder the role of
SCBA in the real perspective. I thought SCBA had more to do with the members of
the bar than with the appointment of judges, which had several overtones and
factors attached to it.
Meeting
Smt.Indira Gandhi, former Prime Minister – There
was a meeting called at the Canning Lane residence of Mr. D.P.Singh, Senior
Advocate and sitting member of Rajya Sabha from Bihar. I accompanied Mr. S.C.
Agarwal and found a large number of people gathered in the front lawn. After
sometime Smt.Indira Gandhi walked in a very graceful, elegant and quick walk
with people following gher. As soon as she entered she saw some empty tea cups
lying at the bottom of a tree on the side. She immediately called the waiter
moving with the tray to pick up the tea ups lying there. It was amazing to see
her observation and how much she cared for such small things. I had a fleeting
glimpse of her bright eyes as I stoop folded hand on one side. After she sat
down on the chairs and continued to observe around, she said “Mr. Gokhale, I
know what exactly what you are thinking, don’t worry Mr. Gokhale”. Mr. Gokhale,
former Law Minister was sitting at some distance from her, and everybody
laughed out. I was not able to make much out of what she meant, but it was certain
that she knew every person and everything going around. I still remembered her
voice on the radio in 1971in Jodhpur, saying that she had talked to USSR
President and there was nothing to worry about the US 7th fleet that
was moving towards Indian shores, where Indian navy had closed entry to Dacca and
Karanchi. We had earlier faced the Indo Park war in 1965, when 198 thousand
pound bombs fell in Jodhpur and I had then seen Pakistan jets flying right in
front of my eyes. Today it was great seeing her in person and hearing her voice.
10.10.1977 – My first
Article - On being a son of a judge - I am not aware of the 'olden golden'
days nor of the 'future platinum', but today it is a sin to be born in a family
of people who are still able to hold to some values of life, an integrity and
work hard. In Chapter VI, shlok
40 - 41 of Bhagavad-Gita in reply to Arjuna’s query, as to what end does
that person meet, who though possessed of faith, is unable to control himself
and whose mind deviates from yoga, the Blessed Lord articulated –
"O
Partha, neither in this world nor in the next is there destruction for him, the
doer of good, O my son, never comes to
grief. Having attained to the worlds of the righteous and having lived there
for countless years, I who falls from yoga is reborn in the house of the
pure and the prosperous"
I was born and think that similarly
several others must have been born in families who still think that purity,
integrity and character gives you happiness and takes you to prosperity and up
in the social ladder. It is not necessary to resort to manipulation or 'dinner
diplomacy', which seems to be the way of the world today. Scott Newman son of
Paul Newman said:
“I
got no nepotistic help from my father or not much. The only thing my dad helps me get is my foot into the door. But no one
in my right mind is going to hire somebody to handle a part just because I’s
somebody’s son”.
My grandfather was the first person in
Jaipur to do BA in English in 1914. He obtained LL.B degree in 1926 and joined
judicial services in the erstwhile State of Jaipur on January 7, 1929 as Munsif
Magistrate. He had an integrity of characters and a confidence in the cosmic
energy. He retired as the first Registrar of High Court of Rajasthan on March
31, 1951.
My father obtained LL.B degree in 1946
and joined the bar in 1948. From 1958 to
1973, I had not seen him sleeping before 2 ‘o’ clock in the night. He used to
communicate with his clients, scribbling on postcards, while he took us to
cinema hall for movie. He was elevated as a judge in 1973. No client ever
thought of entering our house. He may not be an outstanding judge, but he was
known for his perseverance, integrity and hard work.
Having graduated from Jodhpur in
Rajasthan and being a son of a judge, I walked into the Supreme Court on August
01, 1976 and joined the bar on September 03, 1976. I had left Jodhpur with a
single attaché, one Bhagavad-Gita, seven volumes of ‘Complete works of Swami
Vivekananda’ and Essays by Ralph Waldo Emerson as my prized possession. But as
I write this article I feel that to be born as a son of a judge is not a boon.
If you are successful, the feeling is “Oh, I is a son of a judge, I is bound to
be successful”. If you are not successful, the feeling is “Oh, I is a son of a
judge, even then I is not successful”.
Either
way it is no pleasure to work hard. The vibes around, in the bar, with all the
advocates who were not able to become judges or sons of advocates who were
unable to become judges are not so comforting. These are feelings and
thoughts at the thresh hold of my
carrier, let’s see how events unfold.
Lust for Life – Biography
of Vincent Van Gough by Irving Stone; p. 33-34 – Some lines which will continue
to guide me -
“He died in poverty and disgrace”, said Mendes in an ordinary tone as
they passed the old house.
…..
“He didn’t die unhappy, though” said Vincent
“No” replied Mendes, “He had expressed himself fully and he knew the
worth of what he had done. He was the only one in his time who did.”
“Then did it make it all right with him, the fact that he knew? Suppose
he had been wrong? What if the world had been right in neglecting him?”
“What the world thought made little difference. Rembrandt had to paint.
Whether he painted well or badly didn’t matter, painting was the stuff that
held him together as a man. The chief value of art, Vincent, lies in the
expression it gives to the artist. Rembrandt fulfilled what he knew to be his
life purpose; that justified him. Even if his work had been worthless, he would
have been a thousand times more successful than if he had put down his desire
and become the richest merchant in Amsterdam”
“I see”
“The fact that Rembrandt’s work brings joy to the whole world today”
continued Mendes, as though following his own line of thought., “is entirely
gratuitous. His life was complete and successful when he died, even though he
was hounded into his grave. The book of his life closed then, and it was a
beautiful wrought volume. The quality of his perseverance and loyalty to his
idea is what was important, not the quality of his work”
“But how does a young man to know, he is choosing rightly
Mijnheer? Suppose he thinks there is something special he must do with his
life, and afterwards he founds out he wasn’t suited to that at all?”
…..
“You can never be sure about anything for all the time, Vincent”,
said Mendes. “You can only have the courage and strength to do what you
think is right. It may turn out to be wrong, but you will at least have done
it, and that is important thing. We must
act according to the best dictates of our reason and then leave it to God to
judge of its ultimate value. If you are certain at this moment that you want
serve our maker in one way or another, then that faith is the only guide you
have to the future. Don’t be afraid to put your trust in it.”
….
“Every person has an integrity, a quality of character, Vincent,” said
Mendes… “and if he observes it, whatever he does well turn out well in the
end. If you had remained an art
dealer, the integrity that makes you the sort of man you are would have made
you a good art dealer. The same applies to your teaching. Someday you will
express yourself fully, no matter what medium you may choose.”
Arguments in
Bangalore Water Supply Vs. Union of India - A
Constitutional Bench of Chief Justice M.H.Beg, Justice Y.V.Chandrachud, Justice
P.N.Bhagwati, Justice V.K. Krishna Iyer, Justice Jaswant Singh, Justice
V.D.Tulzapurkar and Justice D.A.Desai was constituted to settle the issue
relating to the definition of Industry. There were judgments of Supreme Court
of India and 9 judgments of High Court of Australia. I read each one of them
and also all the judgments referred in those judgments, made copious notes,
made all possible efforts to understand the flow of the arguments by senior
advocates and took down copious notes of each senior arguing and observations of
the Hon’ble Judges. The difference of approach, almost diametrically opposite,
of Justice Krishna Iyer and D.A. Desai on one side and Justice Tulzapulkar on
the other was interesting. Divisiveness seems to be the law of nature.
Other friends
and colleagues
Met Anil Kumar Gupta and Advocate from Lukhnow and one of the first
junior to R.K.Garg. Anil Kumar Gupta like R.K.Garg had great leaning for the
trade unions and had a good practice on the criminal side and service matters. Along
with Anil Kumar Gupta I met Brij Bhushan
Sharma @ Bhushan Uncle, who was commuting every day from Ghaziabad and had
joined Anil Kumar Gupta in September 1977. Anil Kumar Gupta used to keep his
files in the chamber of Mr. R.A. Gupta, 35, Lawyers Chambers and was operating
from Bar Library, till chamber was allotted to him in November 1978 along with
S.K. Dhingra. K.B Rohatagi and Shiv Pujan Singh were other friends in the
group. K.B.Rohatgi was instrumental in the first break in election of A.K.Sen as
the President of SCBA after the reign and dominance of Mr. M.C.Setalvad for
years.
My First Cheque: Mr. Narayan Nettar, Advocate on Record for the State of Karnataka was
also using the chambers of Ramamurti & Co. and I developed good
relationship with me. One day he told me that will it be possible for me to
draft Statement of Case for the matters in which Special Leave was granted and
the paper books were ready for hearing. He candidly told me that he is paid
Rs.400 for drafting the same and will pay me Rs.200 out of the same. I quickly
drafted three Statement of Case and he gave me my first cheque of Rs.600. Now I
was on my own and could earn my living by my own labor. I enrolled myself as a member of the SCBA.
No comments:
Post a Comment