73 Years Young High Court of Rajasthan

Law and Legal Institutions are young forever with the dynamic energy existing within, which continues to evolve with every human relationship coming into existence. They ceaselessly, in spite of minor abrasions, march forward with poise, dignity and magnanimity, to protect and compensate the suppressed wills and unheard cries and also punish those who commit breach and violate law. Courts are the hub of social balance as it resolves conflicts and disputes from conception of being till the issue of secession certificate.
        Roscoe Pound in ‘Justice according to Law’ brilliantly penned:
        “We have always known that the judicial process does not at all times and in all places confirm absolutely and in all respects to our ideal of it. Despite all the checks with which we surround it, it does not come out in every case entirely as we could wish. But the striving for the ideal, I repeat, goes far to realize the ideal. It is the approximation to our ideal of it which is significant, not the falling short, which we seek continually to control and to reduce to a minimum”. (emphasis supplied)
          Greater Rajasthan was formed on March 30, 1949 with Sawai Man Singh II as the Rajpramukh and Hiralal Shastri as the Chief Minister. On that date High Courts were functioning in five states – Jaipur, Jodhpur, Bikaner, Udaipur and Alwar. On August 29, 1949  Rajasthan High Court, Ordinance 1949 was notified and High Court of Rajasthan was inaugurated at Jodhpur by the Rajpramukh. Oath was administered to Justice K.K.Verma from Allahabad as Chief Justice of Rajasthan and the following 11 (eleven) Judges representing different states as judges of High Court of Rajasthan:
1.    Justice Naval Kishore and Justice Amer Singh of Jasol from Jodhpur
2.    Justice K.L. Bapna and Justice Mohd. Ibrahim from Jaipur
3.    Justice J.S. Ranawat and Justice Shardul Singh Mehta from Udaipur
4.    Justice Khem Chand Gupta from Kota
5.    Justice Tirlochan Dutt from Bikaner
6.    Justice D.S.Dave from Bundi
7.    Justice K.K.Sharma from Bharatpur
8.    Justice Anand Narain Kaul from Alwar
        The principal seat of High Court was kept at Jodhpur and benches at Jaipur, Udaipur, Bikaner and Kota. Shri K.S.Hajela was appointed as the first Advocate General of Rajasthan.
        On January 26, 1950 Constitution of India came into effect, Rajasthan was given the status of Class ‘B’ State and the strength of the judges was reduced to 6 (six). It was essential that the Judges must confirm to the eligibility provided under the Constitution. The result was that Hon’ble Chief Justice K.K.Verma, Justice Khem Chand Gupta, Justice Trilochan Dutta, Justice Sardool Sing Mehta retired on January 24, 1950 and Justice A. N. Kaul on March 3, 1950. Justice Naval Kishore was appointed as the acting Chief Justice and continued till January 1, 1951 when Justice K.N.Wanchoo from Allahabad was sworn in a Chief justice on January 2, 1951. Chief Justice K.N.Wanchoo continued as Chief Justice till August 10, 1958 when he was elevated as judge of Supreme Court of India. Justice K.N.Wanchoo completing a tenure of 7yy, 7mm, 12 dd, longest tenure by any Chief Justice of Rajasthan.
        From May 22, 1950 benches at Bikaner, Kota and Udaipur were abolished, but Jaipur Bench continued to function. In the vacancy caused two eminent lawyers – Shri I.N.Modi (29.01.1953) from Jodhpur and Shri D.M.Bhandari (26.08.1955) from Jaipur were elevated to the Bench. Jaipur bench was abolished in 1958 and was re-established on 31.01.1977.
        40 Chief Justices and 200 pusine Judges totaling to 240 judges have been elevated as judges of Rajasthan High Court. 53 of them have been from other High Courts. 8 Judges had two tenure either because of non confirmation and reappointment or transfer to other High Court and ghar waapasi. 23 Chief Justices and Judges have been elevated to Supreme Court, 8 of them having Rajasthan as their Permanent High Court (PHC) and one as Chief Justice of India.
        Chief Justice Dipak Misra in his foreword to ‘Understanding Supreme Court Better – 151 Facts you need to know’ beautifully articulated:
        “Information, sometimes is perceived as an unhealthy substitute for knowledge. On certain occasions, it is pointed out that knowledge is lost in information. Though these observations characterize and, in a way, distinctly compartmentalize between ‘knowledge’ and ‘information, yet a pregnant one, there are situations, places and institutions where information has the effect of potentiality to assume the position and platform of knowledge. However, it has to satisfy certain condition precedent i.e., precision, terminological exactitude and sincerity of effort...”
        With its nobility, fairness, integrity and deep understanding the High Court has continued to reach the common man. Looking forward for many more glorious and wonderful years, delivering justice to all as we have the brightest and beautiful minds on the bench, relentlessly supported by a highly experienced, knowledgeable and skilled bar.

On Being a Son of a Judge - 10.10.1978

    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 articulates -

      
   "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, he 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 clients, scribbling on postcards, while he took us to a cinema hall. 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 my 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, he is bound to be successful”. If you are not successful, the feeling is “Oh, he is a son of a judge, even then he 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, lets see how events unfold.