Diary Entry – 02.08.1976 (Monday) - Day Two

Reached 20-A Lawyers Chamber at 9 am. The door was locked, Mr. Sikka arrived shortly. I requested him for the key, so that I can get a duplicate, he said he would get me a duplicate by the evening. Mr. V.J. Francis arrived shortly thereafter and gave a very warm and friendly smile and hand shake. Mr. S.C.Agrawal and Mr. R.K. Garg also arrived around 10 am. Mr. D.P. Singh, the third member of Ramamurti & Co. the eldest and a designated senior and several other advocates arrived and all of them in their full robes with white band and black gown left for the court. Since I was not yet enrolled as an advocate, I was not entitled to wear a white band and a black gown. Mr. V.J. Francis told me to accompany him and we moved towards the Supreme Court main building. Everybody carried one or more briefs and nobody carried the books, as my father used to carry in book trays in the High Court, with the name embossed on it. The trays were made specifically to carry the books to the court rooms and the files were tied in a square cloth and called basta.

The Supreme Court of India has a majestic presence about it. The aerial view of the Supreme Court is that of a balance with Chief Justices court in the center with a big dome and two arms on the side ending in a semi-circular shape like hooks. As I climbed the stairs from the front, I recollected a day in 1964 when I had come to Supreme Court with my father and we had entered the Chief Justice Court. Justice P.B.Gajendragadkar was than the Chief Justice and was presiding over a constitutional bench with Justice K.N.Wanchoo (who was Chief Justice of Rajasthan and my father had appeared before him) Justice M.Hidayatullah, Justice J.C.Shah and Justice S.M.Sikri and I had always wondered how would some body look in a black flowing gown which was worn by Batman in the comics, which I then used to enjoy reading. It was a great annihilating moment for me as I entered the corridors of Supreme Court. The strength of the eight pillars in the front in Dholpur stone looked magnificent. I touched them physically to feel there strength and my physical presence in an institution which was the highest temple of justice in the country like the culmination of all the four dhams erected by Shankracharya at Rameshwaram, Dwarka, Badrinath and Jagganath Puri. 

There were five courts with Court No. 2 on the right side of Chief Justice Court, when he was sitting inside and Court Nos. 3 and 4 on the left hand side and Court No.5 on the extreme end of the corridor, next to Court No.2. Nobody was able to tell me why Court 4 was next to Court 3 and not after Court 2 for that should have been the normal sitting methodology applied by the Supreme Court. The senior most judge sits on the right side of the presiding judge and the junior on the left. The next junior judge on the right of the senior judge and the next junior to the left of the junior. It’s odd on one side and even on other side, strictly according to seniority. The only reason I could make out was perhaps because Court No. 4 must have started functioning immediately after Court No. 3, while Court No. 5 must have come later when the strength of the judges would have increased and Court No.4 was closer to the Supreme Court Bar Association (SCBA) Library and the main entrance for the convenience of the advocates and clients, while Court No.5 must have come later at the other end.

Supreme Court of India had stated with the strength of 5 judges (Justice H.J.Kania (Bombay), Justice Saiyid Fazal Ali (Patna), Justice M. Patanjali Shastri (Madras), Justice M.C. Mahajan (Punjab), Justice B.K. Mukherjea (Calcutta) and Mr. S.R.Dass (all of them were sitting judges of Federal Court of India on January 26, 1950). The strength of the judges had increased to 13 in 1956, at present there were 11 sitting judges.

There were Senior Advocates, Advocates, Advocates or records and clients in the corridors. All were moving with a definite thought and a definite purpose. I along with Mr. Francis went to the SCBA Library and gave a list of books for each case in each court. On the basis of the list of books given in the SCBA Library, the peons there, carried them to each court and collected them after the court hours, unless the matter was part heard and a slip was kept on the books ‘Please don’t remove the books’. A copy of the list of books was handed over by Mr. Francis to an officer of the court sitting behind one of the two court masters sitting in the center and the appearance of the advocates was handed over to one of the two court master. Everybody knew Mr. Francis and shook hands and smiled, a great place to work, I thought and felt.

As I entered the Chief Justice Court, I was once again awe struck by the interiors after 11 years. But than I was a then a visitor, now I was here to be here and to be a part of this institution. I could feel the high energy level, some whispers amongst the advocates, most of them were friendly smiles, good morning wishes and quick handshakes.  The Chief Justice court had a huge white dome, with holes to control the acoustics. The teak wooden paneling almost 10 ft. high was just breath taking and there was a portrait of Justice H.J.Kania, the first Chief Justice of India on the right side and a portrait of Justice M.C.Mahajan on the left. Some advocates were standing for mentioning urgent matters for being listed or adjournment of the listed matters and the two rows of chairs was almost completely occupied with advocates in their robes, white or stripped trousers, black jacket, black coat, white shirt, white band and black gown. Some advocates were wearing high neck collars.

The first chair on the right side was empty and came to be occupied by Mr. Niren De, the Attorney General of India, who looked to be a towering personality, particularly in view of his statement in MISA case “During Emergency, there is no fundamental right in life and the Union of India had power to hang anybody’. My father was one of the thirteen judges, who had delivered the judgment in MISA case for the High Court of Rajasthan, which was over ruled by the Supreme Court. His view was that the person who is being taken in custody was at least entitled to be identified as the person against whom the warrant was issued. The Supreme Court must undoubtedly have its own logic and reasoning, someday I will certainly understand the same.

Hon’ble Justice A.N.Ray was the Chief Justice and was presiding with Justice M.H.Beg and Justice Jaswant Singh in Chief Justices Court; Justice H.R. Khanna was presiding in Court No.2 with Justice P.N.Bhagwati; Justice Y.V.Chandrachud was presiding in Court No. 3 with Justice P.N. Shinghal  (the first judge to be elevated from High Court of Rajasthan to Supreme Court) and another face known to me before I came to Supreme Court; Justice A.C.Gupta was Presiding in Court No.4 with Justice S. Murtaza Fazal Ali and Justice P.K. Goswami was presiding in Court No. 5 with Justice N.L.Untwalia for miscellaneous matters. 

After the miscellaneous matters were over the bench would break and the benches would be reconstituted for Final Hearing as follows  - Chief Justices Court - Hon’ble the Chief Justice, Hon’ble Mr. Justice M.H.Beg; Court No.2 - Hon’ble Justice H.R.Khanna, Hon’ble Justice N.L.Untwalia and Hon’ble Justice Jaswant Singh; Court No.3 - Hon’ble Justice Y.V.Chandrachud, Hon’ble Justice P.K.Goswami and Hon’ble Justice A.C.Gupta; Court No. 4 - Hon’ble Justice P.N.Bhagwati and Hon’ble Justice S. Murtaza Fazal Ali. No final hearing matters were listed before Court No.5.

Interestingly unlike Rajasthan High Court, the cause list did not give the name of the Advocate and I wondered how any advocate would make out which was his matter, unless he knew the name of each of his pending cases. But the advocates and their clerks just knew.

Cases continued to be conducted and I continued to watch as advocates and Senior Advocates argued and the judges passed the orders. It was a pleasure seeing great Seniors whose names I had heard. I saw Mr. C.K.Daftry former Attorney General of India, moving with a stick very slowly in the corridor, Mr. Niren De was the Attorney General, Mr. Lal Narain Sinha, from Bihar was the Solicitor General and Mr. Raman from Madras was the Additional Solicitor General. Mr. S. T. Desai, who had his book on partnership law, Mr. G.B.Pai, Mr.O.P. Malhotra whose book on Industrial law I had read in the college were all there. Mr. Ashoke K. Sen, who had visited our house when Automobile Transport case was argued in the Rajasthan High Court, was the Law Minister.
There was a canteen in the ground floor, where I had my lunch and tea and samosa in the evening. Everybody left the chamber around 7.30 pm, Mr. Sikka gave me a duplicate key of the chamber. I continued to stay till 9.00 pm and read SCR as advised and make my notes. Took a three wheeler back to Humayun Road