Art of Advocacy

         I am not a bearer of any of the seven lamps. I am only a mirror, to reflect the brilliance, wisdom and genius articulated by the insightful speakers, flashing light all around.

        Since the beginning of civil society, all the kings and every common man, needed professional help to objectively express his concerns, interests and entitlements, against violation of laws and his rights, perpetrating illegalities and breaches of contract and trust. This is the only profession in the world, where one is paid to search the truth and speak for justice, fearlessly.

        Back into the history, about a million years ago Shri Raam decided to send Angad son of Raja Baali to be his Advocate before Raavan and make him understand the futility of war, which would wipe out, about 50 million warriors. There was a stiff resistance by both his younger brother Laxman and Raja Sugreev against sending of Angad, particularly because Shri Raam had killed Raja Baali, only a few days back.

        However, Shri Raam narrated to them the skills of Angad and that settled the issue. Angad had all the attributes of a great advocate and that was the confidence of Shri Raam in him. Let's me share them with you -

1. First was his presentation as a person, attire, posture and body language. It was humble but not meek, it was straight but not arrogant, it was like a seeker, but not passive and finally it was casual but not devoid of alertness.

2. The speed of his speech delivery, was neither too fast nor too slow. Just perfect to enable the listener, to be able to hear and understand each word clearly. The pitch of his voice, was neither too high, nor too low. It was just audible to the hearer, with pleasure. Finally his pronunciation was impeccable. Every word was pronounced correctly with clarity. The voice did not carry any accent or inflection. 

3.He knew which word had to be emphasised and when to pause between the words. Pausing is always essential to help the audience contemplate on what they had heard and relate it to the issue in hand. All this comes from self-reliance and self-confidence on the impact he is making

4. He had no moments of his body, while making his submissions. Like some speakers who continue to move up, on their toes, move their hands or eye brows. He would talk straight eye to eye, without allowing any digressions. Keep the audience focussed, to the words and their content.

5. Angad was the most well-read and intelligent person during his times. He was well versed in all the 4 Veds, 18 Puraans and 18 Upanishads and the entire political and social milieu. He is self-actualised, learned it by his deep insatiable desire to go deep into the fundamentals and basis of every issue. But he will never make any effort to brag about his knowledge. He will only speak the relevant, to the context.

6.He was representing a patron and will always protect his interest. He will do nothing that will impair the interests of his client, at any cost, by perpetrating his own prejudices. He will always maintain the dignity of the person, he is representing, fearlessly.

7. And finally he knew when to stop speaking. Having made his point and having realized that the person hearing has understood, he  will close his dialogu

        Now we move forward to about 5,000 years ago and find Shri Krishan advocating a reluctant Arjun standing between about 4.5 million warriors during Mahaabhaarat. Arjun a very experienced and intelligent warrior had developed a cold feet, looking to the grave consequences of his actions, in which all of them may die. He like an unwilling and hesitant judge did not wish to act and decide the case and was finding ways to get an adjournment. As Arjun put his seven questions on existing issues and conflicts, one after another, Shri Krishan with immaculate precision and perfection, narrated to him the entire cosmic interplay and resolved the conflicts, for all times to come. Not ignoring any one of them, but making him understand the philosophy behind them

        Shri Krishan not merely helped Arjun understand the Truth, but also brought about realization and enlightenment, to enable him to see beyond the mundane and the ephemeral and act to his perfection and enjoy the bliss of his action. Shri Krishan always smiling, developed the arguments on his legs and never told Arjun as to what he should do. He empowered Arjun to think correctly and act exactly the way Shri Krishan wished him to act, in the existing facts and circumstances. That perhaps is the greatest art of advocacy, unlike the dialectics and rhetoric prevalent during the times of Socrates, Plato and Aristotle

        We now come to the present age. Each senior in Supreme Court whom I have watched, briefed and interacted, in last about 45 years of my being there, had a unique gift. Apart from all that we have heard from the profound speakers today, let me share with you my personal experiences

        Mr. C.K.Daphtary the 2^nd Attorney General of India, whom I saw moving slowly with a stick in the corridors of Supreme Court, was famous for his wit.

        I briefed Mr. Lal Narain Sinha, the 5^th Attorney General of India in Rangnath Reddy Case. He was extremely unassuming, simple, humble, very precise and absolutely non-repeating. The judges were always extra attentive, when he was making his arguments, lest they may miss a word

        I had occasion to hear Mr. Nani Palkiwala in Minerva Mills Case, while I was representing State of Rajasthan. He would give easy to understand common examples and had a total command on facts and figures

        Mr. Ashok K. Sen the longest serving Law Minister of India in cabinets of three generations of Prime Minister – Jawaharlal Nehru, Indira Gandhi and also Rajeev Gandhi had the memory of an elephant. He could tell you the page numbers of your brief, years after you had briefed him. He knew every objects and reasons of all statutes. He knew almost all the judgments of Privy Council, Federal Court and House of Lords, like the back of his hand. His library was better equipped than Supreme Court Judges Library

        Mr. F.S. Nariman has a robust common sense, very quick in reducing complicated issues to first principles.

        Mr. Soli Sorabjee had an outstanding court craft. I have seen it in many matters in which I briefed him

        My first senior Justice  S.C. Agarwal, who retired as judge of Supreme Court of India, was called the walking encyclopaedia of Supreme Court Judgments. He had citations of all judgments in his head and would open them up, as a juggler takes out handkerchief out of his hat.

        Mr. R.K. Garg another senior and partner of Mr. S.C.Agrawal always told me, learn to use the Supreme Court as a tool for social change. He continued to argue National Socialism as the constitutional goal and saw the Supreme Court move in that direction. His perseverance and contribution in development of constitutional jurisprudence is unparalleled

        I have not seen another senior like Mr. P.R. Mridul, with whom I was associated for about four years, having better command on English language and fluency in oratory. He would regularly read novels and would pronounce every new word twenty times that he came across, to get it on his tongue. His classic and constant reminder was, law is not mere knowledge but application of it, to the facts in your hand

        Friends Advocacy is the expression and manifestation of the spiritual energy of truth and justice, which alone can lead to development of a conflict free society living in harmony and bliss, with allegiance to a higher cause – in the words of Justice Dipak Misra.

        Thanks to Mediation Steadfast, Australia and Nivaaran, Mediators of Supreme Court of India, for giving me this opportunity to share my thoughts on, the Art of Advocacy

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June 13, 2021

Mausa Ji - Anand P. Garg - Divine energy of Bhagwaan Shiv

        My tribute in honour of beloved Mausa Ji. He was the greatest realised soul of our family. He was an alchemist. His every touch turned people into gold. His Midas touch, changed life of all, forever. 

        Contradictions are complementary. Contradiction and dualism exist to enable us to see the complete picture. So is the divine energy of Bhagwaan Vishnu and Bhagwaan Shiv. Both married to two divine feminine energies. Maa Lakshmi the glorified existence and Maa Paarvati Mother Nature supporting all around, as she continues her journey with Bhagwaan Shiv. She is all about love of the family. My Papa and Mausa Ji represent these two seemingly contradictory energies for me. One married to Mummy and other to Mausi Ji. On one side was a structured system in all activities, working within law and rules and communication to the extent of being relevant. On other side is absence of any laxman rekha, regulations and an open communication, free flow of thoughts and feeling, without any limitation. 

        Mausa Ji was shivaansh, personified in human form for us all. He communicated with one and all, irrespective of age and relationship. He ceaselessly continued to help all, to explore and find their gift. Each one as a jewel for him. He provided all possible inputs in such exploration - intellectual, emotional, economical and physical, dealing with fundamental issues, which normally we tend to put under the carpet. Such high value and strength to carry it all throughout life, is akin only to the energy of Bhagwaan Shiv. Deep, reflective, positive energy, the existence of which gives the necessary confidence, that everything is possible and all will be well. All this is not without subsuming the halaahal that continues to arise as the events continue to churn life around. His continued absorption of it all silently made him more humane and humble. A phenomenon unknown and unheard of. 

        As I recollect my sixty one years of profound relationship with him, though I don't see many interactions, but that was not relevant. There was deep connection at soul level and that was significant. He is most respected person for me in my life, after my Baba Ji. The respect for him is for his highest integrity, fathom deep security which he reflected in all his persona and commitment to keeping family integrated, which values are on perishing scale. He belongs to that rarest class of people who had very clear understanding of relationships and a way to maintain them deep.

        Something to which the only parallel is Mausi Ji. Only Maa Paarvati could deal with that and now she alone can take the impact of the separation. A tadap which Maha Shakti wold have felt after the Ardhnaareshwar split. We can only give our love and affection to her. She has strength enough to withhold her poise.

        Suddenly as his physical frame perished in the paanch tatav, it was mesmerising to see the Shiv tatav in us all getting touched by his touch. Everyone felt the presence of the divine energy within, as emotions of all continued to flow relentlessly, recollecting the moments of togetherness. That is where he will continue to exist forever, within us all.

        My homage to Mausa Ji, the finest soul of our family. The alchemist, who’s every touch turned people into gold. May his soul be always happy and at peace.  

Pranaam 
Aruneshwar – Padma 
Shashwat – Pallavi - Vihika 
Shitij – Reshika – Kanvika 
and Gupta Parivar

Peace Mediation - Legal Revolution 5.0

        The fine distinction between Meditation and Mediation is the presence and absence of the letter 'T'. In meditation, the Self itself acts as the Third Party or the Teacher and guides Self to realize the true nature of Self. T in mediation is the mediator. Mediator is a person who acts as an intellectual obstetrician, helping people to give birth to the key that resolves the dispute between the parties. Mediator is not a person who helps in conception or existence of the solution. The correct answer already exists within us all. Aid, help and assistance of a third party is essential and imperative to enable surfacing of the resolution. Mediator helps disputing parties see the truth and resolve the existing conflict.
      As a law of nature there exists fundamental similarities and characteristic differences amongst us. This dualism helps each individual to understand the commonality and have a multidimensional view of life, events, relationships and other things. The commonality between all human beings is to value human equality. All beings are created equal dehors gender, colour, caste, religion, family backdrop, social statues, IQ, EQ, SQ, and HQ. Differences exit to enable us to appreciate and respect the significance of meaningful co-existence and sustained harmonious relationship. All relationships are based on trust. Breach of trust gives rise to conflict.
       Whenever the will of one person or a group of persons is supressed by another person or group of persons, for any reason what-so-ever, conflicts arises. There is no conflict till the suppression of will does not takes place. We all can all harmoniously co-exist happily, peacefully and perpetually enjoy the bliss of togetherness, without suppression or suppressing of will of another, that is being human.
         However, time and time again, people continue to exhibit their superiority and power. Some people are ruthlessly ambitious, not for their own development, but for claiming being victorious and dominating others. Classic examples are Alexander, Arabs, Mughals, Julius Cesare, Napoleon, Hitler, European colonization and the like. They plunder and loot others who have worked hard and created more resources for themselves. Their army rape women and girls who have no way to defend themselves as war booty and they are called great. Sad but true
       All technological development and marketing products, need basic raw materials. Countries with technological advancement create ways to get these resources at minimal costs or by illegal means. Gold dore, blood diamond, oil and minerals, wood and coal and also human resources are sought to be won or obtained at tiniest price. Some people have deep desire to dictate and control others and use them free or just for food, clothing and shelter, for their own comfortable and luxurious existence. This leads to economic exploitation, corruption, slavery, poverty, domestic violence, suicides and all forms of conflicts.
       Generation after generation, people who exploit call themselves rich, educated, developed, strong and powerful. Those who were exploited are called poor, uneducated, underdeveloped, weak and fragile. This leads to insecurity, diffidence and a perception of inequality and bias, based on the barometer of money. As basic needs, which continue to ladder up, are never met and there is always deep pain and trauma within as contradistinguished from bliss and ecstasy.
        The real conflicts are created by those who continuously perpetrate criticism, competition and comparison arising out of egoism, arrogance, lust and greed. On the other side are those who believe in co-existentialism, caring and creativity and make their best efforts to resolve the conflicts by gentleness, modesty and deep understanding of truth, which when does not find respect and reverence leads to disruptive encounters.
      Communication is the greatest strength of human being. That is why we are called evolved. We can converse, talk and chat 24 x 7. We can tell others what we feel and think. Every conflict is capable of resolution, if people are reasonable, objective and are able to communicate and address their real issues, clearly, expressly and unambiguously. But people restrain as they feel and understand that there the communication will likely lead to escalation of conflicts than sorting them out. Inability to resolve conflicts gives rise to dispute. Unresolved conflicts gives rise to disputes and unsettled disputes gives rise to litigation, fights and wars.
       As human being civilized it shifted from violent ways of dispute resolution by dual, ring fights, battles and wars to civil way of using the office of family head, tribe head, panchaayat or king, a neutral third party - Legal Revolution 1.0. With proclamation of Magna Carta (1273) the power to resolve disputes and pass decrees moved to Parliament - Legal Revolution 2.0. Independent Judiciary became the repository of dispute resolution from Trial Court to Supreme Court and that marked the advent of Legal Revolution 3.0.

       As several issues arose in court litigation, people moved to arbitration, conciliation and mediation (ADR) - Legal Revolution 4.0. Riding on the fourth wave as the human being has moved to the Fourth Dimension and Globalization 4.0, Fourth Industrial Revolution and Fourth Education Revolution are already in place, we also see peace mediation marking the Legal Revolution 5.0.
Mediator uses specialized communication techniques during the dynamic, structured, interactive process and assists disputing parties in resolving the dispute between them. All participants are encouraged to actively participate in the process, vent out their grievances to enable mediator to reach to the bottom of the issue. Mediator focuses upon the needs, rights and long term interests of the parties during this party- centred process. Grievances relates to past conflicts. It’s like rear view mirror driving. Interests are futuristic, looking forward 2022, 2023, 2025. Mediation is to help parties change the whole outlook of dispute.
       Mediator uses a wide variety of techniques as s/he guides the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative and manages the interaction between parties and facilitates open communication without any vested interests and perceptions. He helps in breaking new grounds to have better relationship, live a better and happy life. Mediation is also evaluative as the mediator analyses issues and relevant norms ‘reality-testing’, while refraining from providing prescriptive advice to the parties  ‘You should do...’  or ‘This may be better...’
          Peace mediation as contradistinguished from mediation simpliciter, is not a process of merely deciding a dispute or disposing of a litigation by bringing about a settlement between the parties for the present. Peace mediation is a process of eliminating and eradicating the conflict itself, forever. The process entails exploring and exposing the error in understanding and perception, which formed the very basis of the disagreement that brought about the clash of interests. Quality Peace Agreement must result in combusting and resolving the base or substratum of the conflict forever.

         The purpose of both meditation and peace mediation is to become conflict free by understanding the basis and true nature of the issues agitating deep in us all. Bring about in existence a conflict free individual, family, society, state, nation and the world.