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