Shri Ram and Art of Advocacy

Shri Ram chose Angad, son of Raja Bali, to be his emissary to Raavan, highlighting the futility of a looming war that threatened the lives of about 50 million warriors. This decision initially faced opposition from Laxman and Sugreev, particularly because Shri Ram had recently slain Raja Bali. However, Shri Ram convinced them by detailing Angad's exceptional qualities as an ambassador which are must for every good advocate.

Presentation: Angad’s demeanor, attire, posture, and body language struck the perfect balance between humility and confidence. His approach was that of a seeker – engaged but not passive, straightforward but not arrogant, and casual yet alert.

Delivery: Angad’s speech delivery was meticulously balanced. His speech pace enabled clear understanding, and the pitch of his voice was pleasing and well-modulated. He articulated each word impeccably, ensuring clarity and ease of comprehension.

Emphasis and Pausing: His mastery in emphasizing key words and strategically pausing during speeches allowed the audience to absorb and reflect on his words. This skill demonstrated his self-confidence and understanding of the audience’s perception.

Body Movements: Unlike many speakers who use excessive gestures, Angad maintained a composed demeanor. He engaged directly with his audience, establishing eye contact and keeping their attention focused on the content of his speech.

Knowledge and Humility: Renowned for his intelligence, Angad was well-versed in the Vedas, Puranas, and Upanishads, and deeply understood the political and social contexts of his times. Despite his profound knowledge, he displayed remarkable humility, speaking only what was relevant to the matter at hand.

Client Representation: In representing his patron, Angad consistently protected his interests, maintaining integrity and dignity without allowing personal biases to influence his advocacy.

Concluding Effectively: Understanding the art of communication, Angad knew precisely when to conclude his submission and when to sit down, ensuring his message was delivered and comprehended effectively.

In my nearly 48 years at the Supreme Court, I have observed, interacted and briefed the top senior advocates, each possessing unique talents and contributing significantly to the field of law.

Mr. C.K. Daphtary, the second Attorney General of India, was distinguished for his wit and presence, even as age slowed him down.

Mr. Lal Narain Sinha, the fifth Attorney General, showcased exceptional precision and humility in the Rangnath Reddy Case. His arguments were so captivating that judges paid extra attention, ensuring they didn’t miss a word.

Mr. Nani Palkiwala in the Minerva Mills Case, representing the State of Rajasthan, had a unique talent for simplifying complex legal matters with relatable examples and had a commanding grasp of facts and figures.

Mr. Ashok K. Sen, the longest-serving Law Minister, had a phenomenal memory, recalling intricate details of briefs and cases years later. His knowledge spanned across statutes and judgments, and his personal library was a testament to his dedication to law.

Mr. F.S. Nariman's ability to distil complicated issues to their core principles was remarkable, as was Mr. Soli Sorabjee's court craft, which I witnessed in many cases.

Justice S.C. Agarwal, my first senior and a retired judge of the Supreme Court of India, was known as the walking encyclopedia of Supreme Court Judgments. His memory for citations was extraordinary.

Mr. R.K. Garg, emphasized the Supreme Court's role in societal change, advocating for National Socialism as a constitutional goal. His perseverance in constitutional jurisprudence was unparalleled.

Mr. P.R. Mridul, an expert in the English language and oratory, had an unmatched command of the language. He diligently practiced new words and applied them effectively in his arguments, reminding us that law is not merely about knowledge but its application to specific facts.

Advocacy is the manifestation of spiritual energy rooted in truth and justice. This energy is essential for the development of a conflict-free society living in harmony, dedicated to a higher cause.

International Mediation Day - October 19, 2023

The mediation movement in USA originated as a reaction to the shortcomings and challenges associated with divorce practices in the early 1970s. Disheartened by the adverse outcomes of litigated divorces, both parties and their advocates began exploring divorce mediation as a more collaborative approach.
    In this backdrop, 1975 saw the establishment of the Family Mediation Association (FMA) by Jim Coogler, Steve Erickson, and their peers. Coogler's pioneering book, "Structured Mediation in Divorce Settlement," acted as a beacon for this emerging field. His personal experience with a painful divorce process, one that resulted in significant personal and familial losses, became the catalyst for his advocacy. Initial skepticism was palpable, with critics questioning the potential of mediation, especially for high-conflict couples. However, the pressing need for a more compassionate approach for divorcing families was evident.
     By 1981, a second influential body, The Academy of Family Mediators (AFM), was founded by John Haynes, Steve Erickson, and others. Initially, the AFM's focus was on providing divorce mediation training as a means of funding its establishment. The association rapidly expanded, offering a variety of member benefits by the mid-80s. By the mid-90s, its member base had ballooned to over 4,000 mediators and trainers.
    The growth of mediation wasn't confined to family disputes. Other Alternative Dispute Resolution (ADR) entities like the Society of Professionals in Dispute Resolution (SPIDR), Conflict Resolution in Education Network (CRE-NET), National Association for Community Education (NAFCM), and the National Association for Mediation in Education (NAME), and many more, also saw significant growth. With primary funding from the Hewlett Foundation, these organizations continued to thrive until the late 90s. By 2000 Hewlett Foundation decided that it will fund only one umbrella organization. To consolidate resources, AFM, SPIDR, and CRE-NET merged to form the Association for Conflict Resolution (ACR). This merger brought together over 7,000 members, encompassing diverse practice areas.
   The ACR's impact is evident in its establishment of Conflict Resolution Day in 2005, setting standards for school-based peer mediation programs in 2007, and its continued advocacy for peaceful conflict resolution. ACR drafted ‘Recommended Standards for school-based Peer Mediation Program, 2007 and many other standard documents for training, with a view to:
• Promote awareness of mediation, arbitration, conciliation and other creative, peaceful means of resolving conflict;
• Promote the use of conflict resolution in schools, families, businesses, communities, governments and the legal system;
• Recognize the significant contributions of (peaceful) conflict resolvers;
• Obtain national synergy by having celebrations happen across the country and around the world on the same day.
    October, with its roots in the Latin word "Octo," means eight.  October occupied the eighth place of a year when the year was made of ten months and 304 days. However, because of season calendar mismatch January and February were added and  October became the tenth month, but it did not lose its name. Eight and  October symbolizing fertility, prosperity, and peace, serves as a poignant month for such advocacy. This month sees global celebrations of peace and non-violence, especially with Gandhi Jayanti on October 2nd. In 2008, the American Bar Association (ABA) designated the third week of October a s 'ABA Mediation Week.' Recognizing the same spirit, both the ABA and ACR, along with numerous organizations, earmarked the third Thursday of October as International Mediation Day.

This year, on October 19th, team Nivaaran, the mediators of Supreme Court has come together to celebrate International Mediation Day. Significantly, Nivaaran is introducing this celebration in India and pledges its annual observance. I'm optimistic that India will witness a surge in mediation associations akin to the USA's experience. While challenges and skepticism are inevitable, team Nivaaran, the Supreme Court Mediators stand resolute. In collaboration with the MCPC, under the esteemed leadership and guidance and of Justice Sundresh, we aim to establish a unified front, to set standards of mediation in the letter and spirit and upholding the principles of the India Mediation Act, 2023.

Introduction Chief Justice Dr. D.Y. Chandrachud - 2nd Soli Sorabjee Memorial Lecture at CLC 23, Goa - March 9, 2023

    Hon’ble Chief Justice of India Dr. D. Y. Chandrachud, Hon’ble Chief Justice of England and Wales the Right Hon’ble Lord Burnett of Maldon, President Commonwealth Lawyers Association Peter Maynard, dignitaries on the dais and off the dais, colleagues, friends, ladies, and gentlemen.

     How cosmos brings people in our life or that of an institution and nation has much more in it, then we can ever know. That is perhaps one of the unanswered questions, which is only decoded after the period is over. During the period we can only make efforts to decipher and with awe watch the head of the institution, leading from the top.

   Hon’ble Chief Justice Dr. D.Y. Chandrachud was designated as Senior Advocate by the Bombay High Court in 1998 and appointed as the Additional Solicitor General of India in the same year. He was elevated as judge of Bombay High Court and thereafter as Chief Justice of High Court of Allahabad. He was appointment to Supreme Court on May 13, 2016, and on November 9, 2022, was appointed as the 50^th Chief Justice of the largest democracy in the world. A position that he holds with great dignity, vibrancy, majesty and fervor during the uncommon times.

    Chief Justice Chandrachud has authored several outstanding and path breaking judgments of Supreme Court on all most all issues, as they continue to arise. Right of Privacy, Free Speech, Personal Liberty, Gender Justice for women in armed forces, Intersectional violence, Labour, Floor test for election, distribution of essential supplies and services during pandemic, Affirmative action, Disability rights, Commercial Law, Insurance Law, Insolvency Law and many other subjects have been magnificently dealt by him

     His legal statesmanship is reflected in every judgment. Criminal law should not become a tool for selective harassment of citizens.  Sexual Harassment at workplace is an affront to the fundamental rights of a woman to equality. There can be no gamble with the environment: heads I win, tails you lose approach is simply unacceptable; unacceptable if we are to preserve environmental governance under the rule of law. This statement led to the evolution of the environmental rule of law principle.

    His very powerful dissent relating to the biometric project – Adhaar is labelled in academic circles as stirring dissent, fiery dissent, historic dissent, stinging dissent, lone yet powerful dissent. His dissent had not to wait, for a day in the future when it could be duly recognised. The reasoning given by him has been relied by Chief Justice Sykes in striking down Jamaican National Identification and Registration Act and has become part of global migration of ideas, by finding fertile soils far from home and bloom into full richness as one academician penned.

    Chief Justice Chandrachud is a profound speaker and has delivered numerous addresses, particularly at conferences organized by United Nations High Commission for Human Rights, International Labour Organizations, United Nations Environmental Program, the World Bank and Asian Development Bank and several premier International and National Institutions and events organized by civil societies.

    As Chief Justice of India he has taken great initiative by making full use of technology for the institution. After his taking over, suddenly we have seen the big machine moving. E-Committee, Virtual Court, National Judicial Data Grid, Inter – Operable Criminal Justice System, e-Filling Software 3.0, e-Payments, e-Sewa Kendr, National Service and Tracking of Electronic Process, Judgment Search Portal, Live Streaming of Court proceedings, Transcription of live court proceedings, case categorization and finally Neutral Citation. His strength to take positive decisions to enable the institution is unparallel and this I say after having personally interacted with almost 35 Chief Justices of India.

    All this is but a small spark of what Chief Justice Chandrachud is. There is no other avid thinker, intellectual giant and a passionate legal mind, who is pushing and pulling the highest legal institution into the next level, with all that is at his command, to meet the challenges of legal issues arising as a result of us all being in a VUCA world - Volatile, Uncertain, Complex and Ambiguous, Fourth Industrial Revolution, Globalization 4.0, Fourth Education Revolution and Legal Revolution 5.0. We are fortunate to have him with us, at the second Soli Sorabjee Memorial Lecture.

    Hon’ble the Chief Justice Dr. D.Y. Chandrachud

Supreme Court - Lost Traditions

 “He who can no longer pause to wonder and stand rapt in awe, is as good as dead; his eyes are closed” Albert Einstein

    We continue to pause, wonder, and stand in awe before the majesty of justice and continue to serve her in search of truth. Law is dynamic and always alive. In 1976 when I joined the Supreme Court Bar, I was totally mesmerized by some traditions which held great logic, reasoning, and respectability. They were the bedrock foundation of the institution. It was a privilege to see, learn, inculcate them, and feel proud to be at Supreme Court, which has its own respect, dignity, magnanimity, and mystery. As we pause, we see some of them are lost, it will be great if some of them are restored to its original and some restored with modifications.

1. Time Schedule 10.30 am - 01.00 pm and 02.00 pm - 04.00 pm - It was possible to adjust ones watch with the entry and exit of the Hon'ble judges in the court room. It was unthinkable that the court will not be sitting at 10.30 am, get up for lunch at 1.00 pm, sit post lunch at 2.00 pm and continue hearing till 4.00 pm. Not abiding by the time schedule is perhaps the most unfortunate event for the institution. Taking up admission matters on Monday and Friday, slowly broke this tradition. Some judges preferred to finish the matters mid lunch and leave for lunch or even they crossed 2.00 pm till they finished the board. While other traditional benches which got up at 1.00 pm would sit again at 2.00 pm and the Advocates and staff had to continue without lunch at all. Time discipline is the basis of several schedules and activities. This is one tradition which must be ruthlessly struck to and must be restored.

2. Notice, Admit or Dismiss - Every matter, that came up for admission, was either admitted, notice was issued or dismissed. Post notice either admission or dismissal followed. There was no concept of Final Hearing matters to be listed on Non-Miscellaneous Day (NMD). The entire calendar and time schedule of Supreme Court and Advocates gets mixed up because of NMD matters being heard for quite some time and adjourned or even remaining part heard. In matters where Supreme Court feels there that the matter needs consideration, even in PIL, leave to appeal may be granted and matter heard as regular appeals in due turn.
3. Order of Stay or Bail to follow notice – It was little necessary to argue for bail or stay in a matter where the Supreme Court issued notice. Stay or bail would normally follow order of issue of notice. Only in exceptional cases, the same would not happen. Supreme Court issues notice only in cases where the conscious of the judge is touched and there seems to be serious error in the judgment of the High Court. If the Supreme Court feels that illegality has been done, there is no reason that the illegality is perpetrated even for a moment thereafter. I always thought that was one basic distinction between Supreme Court and other Courts where facts had still to come on record. There should be no grey area for Supreme Court. Admit or notice and stay or dismissed.
4. Making bail orders available on the same day - Once the Supreme Court passed an order granting bail, the Registrar of Supreme Court would not leave the Supreme Court till certified copies of all the orders in which bail was granted was delivered to the Advocate on Record. Orders of Supreme Court must be given effect to forthwith, more particularly when they relate to liberty of person. Any violation thereof amounts to contempt of Supreme Court. Non delivery of certified copy of bail on same day is contemptuous.
5. Adjournments:  Adjournment in Supreme Court was granted in rarest of rare cases. Then came the era of adjournment by circulation of letter. It is amazing to see matters getting adjourned because pleadings are not complete even without circulation of letter. Not done in Supreme Court. Time of Clients traveling from far states, lodging and boarding in Delhi, Senior Advocate, Associate Advocate and Advocate on Record, is not without costs.
6. Alternate writing of Judgments by judges on the bench – Supreme Court sits in the bench of 2, 3, 5 or more judges. Every time a case is heard by Supreme Court a proceeding, order or judgment is delivered. Proceedings are dictated by the presiding pusine judge and are signed by the court masters. Orders are dictated by the presiding pusine judge but are signed by the judges. Judgments are delivered by the judges and are signed by them in open court. As a tradition, if the judgment were unanimous the judgements were written in the alternative. Meaning thereby that if two judges heard the case, each judge will write one judgement. In three judges’ bench, if three appeals are heard each judge will write one judgment and similarly in a constitutional bench if five different sets of appeals are heard each judge will write one of the unanimous or majority judgment and others will be signatory to it. It is amazing to see that the ratio between delivery of judgment of court and signatory of many judges is below 20%. Means that the judge has signed 80 judgments and written only 20 judges out of the 100 judgments of which the judge was a member.
7. Citation of SCR – Pursuant to the Law Reports Act, 1875, judges used to mark judgments as reportable and non-reportable. Official law reports were published under the aegis of courts and were alone cited and referred to in the judgements. For Supreme Court, the official Law Report was ‘Supreme Court Report – SCR’ and the judges insisted on citing the same only. However, the tradition got lost as judgments which were not reported in SCR were also cited in the judgments. Publication of SCR was also not able to keep pace with the publication of private law reports as approval of head notes of SCR had to be done by judge writing the judgments and the publication had to wait approval. However, the line between reportable and non-reportable judgment has now become non-existent as the Law Report Act 1875 was repealed in 2016. Incidentally the Law Report Act, 1875 in Pakistan prohibits any other publication of law reports by private publisher and imposes a penalty to Rs. 1,00,000 and imprisonment of 6 months in default thereof on such publication. With the inception of web and internet and direction issued by Delhi High Court to introduce neutral citation w.e.f. 17.10.2022, it is expected that only judgments published by official law reports using neutral citation will be cited by Supreme Court. Neutral citation has been implemented by Canada in 1999, UK in 2001 and by Australia, New Zealand, Hong Kong, Singapore etc. We are only about 20 plus years late.
8. Strict adherence to Cause List – Tentative, Daily, Weekly, Six monthly and Annual cause lists were published on regular basis. Till 1978, the tentative list was settled every Thursday by the Asst. Registrar in the Chief Justice Court, where Advocate on Records could get their matters listed. That was the first training ground for young Advocate on Records. Admission matters and Appeals were taken strictly based on the cause lists so published. It was possible for Advocate on Records to touch base their clients in advance and engage senior advocates. It was possible to see the cases going up the ladder and being taken up in due course of time. Matters are listed and taken up, but the scheduling has broken down. Matters come in between and matters get deleted. Time that the tradition is restored, and Advocate on Records and litigants know the queue they are in.
9. Seniors Fees Schedule – Fees of Senior Advocates, Advocate on Record and Associate Advocate was well structured under the Federal Court Rules 1937 and Supreme Court Rules 1950 and was linked to Taxation Schedule to the said Rules. If the matters were dismissed with costs, actual fees could be recovered accordingly. Seniors were charging Rs.1040 for admission and Rs. 1680 for final hearing. Advocate on Records were charging 1/3^rd or 50% or 2/3^rd of the Seniors fees. But the Fees of the Advocate on Record and Associate Advocate was always linked to the fees of the Senior. Rs. 1,040 was equivalent to 65 GMs (1 Gold Mohar = Rs.16) and Rs. 1680 was equivalent to 105 GMs. The fees could be quoted without the consent of the senior advocate. The only issue was availability of the senior, which was normally always there. This tradition broke down around 1978, when some senior started charging Rs.2,500 for admission and Rs. 3,500 for final hearing.The basic reason for breaking down of the tradition and the fees getting delinked from the Supreme Court Rules and costs being awarded without any basis was that someone in his great wisdom instead of linking the fees to the price of Gold, Silver or General Price Index reduced the Fees in the Taxation Schedule of Supreme Court Rules, 1966 to Rs.800 for Final Hearing for Senior Advocates and Rs.200 for Admission matters and was meaningless. Supreme Court Rules Taxation schedule was amended in 1990 making it 2400 and 800 and again in 2013 to 24,000 and 8,000. But this is far less than what is normally charged by Seniors, not to speak of special matters where the figure has reached Rs.1 Crore plus, per appearance and rightly so.
10. Attorney General and Government to stand on right side in the court, whether appearing as Petitioner or Respondent – In almost all courts, the Advocate for Petitioner or Appellant stands on the right and the Advocate for Defendant or Respondent stands on the left. Supreme Court never had any such practice. This tradition came into existence as the first chair on the front row in the court was reserved for Attorney General and he would address the court from there, whether he was appearing for Appellant or Respondent. The Government was always on the right side. The sitting arrangement in court had its deep root in the design of ‘Tree of Life’. As soon as the Attorney General walked in the Court room, he would occupy the said chair, even while waiting for his matter to be called. This tradition was lost over the years as the Attorney General accepted to sit on any chair that was available to him. This is one tradition which need to be restored
11. One leading advocate at a time – When one advocate was addressing the court, he would stand, and others would be sitting, whether instructing or waiting for their turn. Court will wait for all to sit down. However, with the increase in the number of advocates appearing in the same matter, involving multiple parties and PIL matters, it has become impossible for all the advocates in a matter to occupy the chairs and many advocates, continue to stand. Even if there are chairs, there are advocates standing in the front row. Something will have to be done to restructure sizes of the courts and provide sitting space for all those who are in the court. Hearing and observing Senior Advocates arguing is a treat and a great learning process. The aura and dignity of the court is when all are sitting and only one addressing. Several courts have only one podium for the addressing advocate in the middle. The advocate who has to make submissions moves to the center to address and walks back to the chair after addressing the court. This is one way to restore the dignity of court
12. Index of briefs by Registry and running page number – It is impossible to address the court if the page numbers of the judges brief and that of the advocate do not match. As a matter of tradition, the index was prepared by the Registry in running page numbers, even if there were different volumes. The Counter Affidavit, Rejoinder Affidavit and IA have all to be numbered, else it is impossible to address the Court and the only way is to have running numbers and proper indexing. Since the affidavits and documents are filed by advocates independently without reference to earlier page number, it is difficult to keep up with pagination. Time that some practice directions are issued, that the index be prepared and emailed to all Advocate on Records along with the Office Reports so that there is uniformity of briefs are maintained and there is ease in addressing the court.

SCAORA - E Journal - Introduction

Strength of any nation is directly proportionate to the integrity of the institutions in the nation and inter-institutional bonding. As the world has moved into 4^th industrial revolution economy and we into 4^th dimension, in a webbed world, the dominant role of institutions in national building, will also depend on the speed at which the institutions can adopt to the evolving technologies and changes. The institution of Supreme Court Advocate on Records creates the most powerful institutional web around it. It stands in the center of the Common-man and State Governments (legislatures and bureaucrats) as litigants, Advocates from High Courts all over the country as associates, Registry of Supreme Court as processing division, Senior Advocate as advisers and leaders and Judges of Supreme Court as teachers and mentors and is, therefore, the most resourceful fulcrum of truth and justice for all.

No other institution has silently observed, diligently supported and magnificently contributed in the power and passions, creativity and glory, fumes and fury, extraordinary and path-breaking accomplishments of the greatest institution in the largest democracy in the world, than the Advocate on Record since 1954 in about 2 million petitions/ appeals filed during that period. The institution of Advocate on Records have a unique position as it has been establishment by Supreme Court under the Supreme Court Rules and has the potentialities and where-with-all to churn out the greatest judges, senior advocates and partners of law firms, for their experience as Advocate on Record, makes them amenable to concurrently and simultaneously play multiple roles in the annals of judiciary.

Bringing out of SCAORA Journal is one of the glorious and celebrated moment, in the history of this institution spreading over a period of 64 years to enable SCAORA members and other Advocates to clearly, firmly, objectively and quantitatively pen their readings, understanding, analysis and thoughts on issues with which they are associated with or have important bearing on the issues to be determined by Supreme Court. SCAORA Journal will help them to expand their own horizons and also provide meaningful material to help the challenges of transformation that is effecting us all and help in firmly establishing the rule of law.

Aruneshwar Gupta

            Editor in Chief

Digitization of Courts and Block Chain Technology

 http://www.lawyerscollective.org/the-invisible-lawyer/technological-developments-must-continue-happen-full-freedom-innovations-immunity-conversation-aruneshwar-gupta .. Technological developments must continue to happen with full freedom, innovations and immunity... BCT and its application in crypto currencies are going through a teething periods, they are not drugs or weapons themselves hence not out rightly in-humane. Due to the age of influencers who have vested interest in status quo and excessive information people and people’s mindsets are made up even before a new invention or technology has reached a certain maturity level or before they understand it completely for possible future implications and applications. A fear of possible disaster is there in any new technology that comes up, letters were considered bad news, airplanes were never considered safe, nor were cars, computers were meant to replace humans and credit cards theft was a huge problem. Technology is never good or bad, technology is neutral. The issue of good or bad depends on how it is being used. It may be used to bring about peace, harmony and happiness or people can use it for conflict, disharmony and exploitation...

Diary Entries - Part 6

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 7^th 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 -

…and after a few blocks passed Rembrandt’s old home at Zeestraat ..

“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.

It Exists Forever - Part 2

Justice Appa Muthukrishnan was anxiously walking up and down… up and down… up and down… in the green sprawled lawn in front of his four acre judges bungalow on Tuglak Road, New Delhi, hands held tightly behind his back, which he made efforts to consciously relax by flexing his fingers. It was a pleasant   Sunday morning, there were light showers last night, he already had two cups of his south Indian coffee after his breakfast of upama and coconut chutney, but was unable to reason out why he was getting tense. He had received a call from Justice Drishti Vishwaas’s residence that Swamy would be delivering a copy of the draft judgement circulated by Justice Drishti Vishwaas to all the 12 brethren. He was making all efforts to sooth himself for he was reeling under a mixed feeling of excitement and fear of the unknown, while waiting to receive a copy of the judgement of his very dear friend Justice Drishti Vishwaas.

   A white ambassador with three lion heads and Supreme Court boldly written on the number plate, slowly entered his residence.  Swamy got down from the car and moved towards Justice A. Muthukrishnan with a thick yellow envelop in his hand.

“Vanakkam! How is the great Lady” ” said Justice A. Muthukrishnan to Swamy as he took the yellow envelop from Swamy, greeting him before he could.

“Vanakkam, Sir Vanakkam, Judge Sir is fine Sir and Maanas Ji and her ladyships has sent you her very personal regards Sir” said Swamy watching  the twinkling in the eyes of Justice A.Muthukrishnan which he had always observed when the two friends were greeting each other, with greatest respect which two beings can have for each other. Justice Drishti Vishwaas and Justice A.Muthukrishnan had been friends for over 42 years, when they had joined the Supreme Court Bar almost together, she as a charismatic, vibrant young girl of 22 from Jodhpur a town in Rajasthan and he as he was at the age of 25 after taking masters in history before joining law from Delhi. Her father was a judge of Rajasthan High Court and his was Solicitor General of India from Chennai.

Justice A.Muthukrishnan turned to the last pages of the judgement, read it and re read it, touched to his head and kissed with all awe, admiration and reverence from deepest level of his soul and jumped, almost in ecstasy. This was a day of celebration, this was the finest treat in his hand as pure as pure as Ganges, this was what the country had been waiting for, for last over 27 yrs when Rajeev Goswami had committed self immolation before public eye and Supreme Court had watched it in its majestic silence, blind folded, eyes covered with cloth, nothing can be done without facts and pleadings on record and with lesser will to give direction to the largest democracy in the world. Nobody can now stop the great country from moving ahead. He had felt and thought that, the divine support was apparent for last almost 9 yrs. when Justice Drishti Vishwaas was elevated as a judge of Supreme Court, in spite of all maneuverings, mechanization, calculated and cautious resistance from a lobby of seemingly superior self proclaimed leaders constituting a random group, but making and maintaining all out efforts to hold monopoly in cricket, economics and law.
Any visionary statement-ship like the one in his hand, was akin to the discomfort felt by England and Australia on India winning cricket world cup or the rising economics of BCCI and Indian Premier League; disquiet of those who control Currency, Pharmaceuticals, Gold, Oil and Diamond - CP-GOD on firming up of peace in democracies and uneasiness of House of Lords and now Supreme Court of UK, feel when Supreme Court of India applies mimansa interpretation to jurisprudence.  But the lobby was successful in achieving that she does not become the first lady Chief Justice of India. Now he will have to wait for Justice Ranjit Singh’s reaction and how much majority he and Ramphry Doorabji would be able to carry with them. He was certain that Justice Drishti Vishwaas will be able to carry the majority for they certainly had the Chief Justice, who was due to retire after 3 months and at least three others, who would not become Chief Justices, held their head high, non-compromising integrity and were not looking for any post retirement employment and two who would find the reasoning impenetrable and felt strongly about their motherland. That would make it 8:5, better then Kesavananda Bharati which had 6 +6 + 1 He could hear the Panchjanya of Hrishikesha blowing in the centre of his body, the anaahat chakraand goose bumps all over his body, experiencing ecstasy of bliss of hitting the sweet spot.

As he brushed through the judgment Justice A.Muthukrishnan’s eyes became wet with adoration, regards and respect. Once again he was proud of his relationship with Justice Drishti Vishwaas and feelings which he had carried in his heart for Justice Drishti Vishwaas since the day he had met her for the first time and had spent hours talking to her in the canteen of the Supreme Court Bar Association in the Supreme Court premises, while waiting for their cases to come or when the cases had finished early. These feelings were too personal to be shared with anybody or expressed at any time, though many occasions had arose for the same. Justice Drishti Vishwaas belonged to that small class of persons for whom it had been justly said that they appear as levers to uplift the world energy and roll it into another direction, but they do not attain to such rare functions by the high range of their ambitions, they do it by large development of their powers and divine support. Maanas was that divine support which just existed in the most powerful and beautiful way with her. History had not produced another couple after Savitri and Satyavan, the personification of Shakti and Shiva, Yin and Yang in recent history of mankind.
This was not a situation when ‘behind every successful man, there is a woman’ pestering, harassing and annoying him, calling him stupid, fool, brainless, dump witted, impractical and all the names for the whole world was making money and enjoying, but here was a man wholly behind a woman, providing her full support and help to enable her to shape her own destiny and that of their nation.
It was time to swim in the thoughts of Justice Drishti Vishwaas, the women of substance. Nobody can now stop the empowerment of his motherland Bharat. The Supramental age as espoused by Sri Aurobindo was now finally dawning at the horizon, he was aware as a student of history and philosophy that it took almost a century before any event, any idea, any thought could take physical shape. Alexander came out of Rome to conquer the world almost a century after Socrates, Plato and Aristotle had expounded the power of aristocracy, Russian revolution took place almost after a century of Marx and Engel wrote Das Capital. Sri Aurobindo had experienced realisation almost a century ago and speaking and writing about Supramental Age. The gold mine in his hand was a major expression of that energy moving forward to fourth wave and choicelessly taking people along with it towards commitments, harmony and peace and establishment of truth and justice... Jai Maa Bharti...

It Exists Forever - Part - 1

Thak, thak… thak, thak, thak...

Justice Ranjeet Singh thought he had heard a knock at the door. 

Thak, thak… thak, thak, thak…

This time he was certain that there was a knock at the door, somebody was slowly knocking at the door of his study for some time.

“Yes, come in” said Justice Ranjeet Singh while sitting behind the table and coming from within to without, he had received the message and had gone down his memory lane…

“Sir, Swamy has brought a thick yellow envelop, containing a copy of the judgment from Justice Drishti Vishwaas” said Sheo Singh in a very humble respectful voice.

“Yes, get me the envelop and tell Swamy to convey my respectful regards to Justice Drishti Vishwaas” said Justice Ranjit Singh as he took the envelop from Sheo Singh. He was wondering what would the judgement holds in it. He had completed correcting the second draft of his own judgement, which would be finalized in next two weeks, but was anxiously awaiting for a copy of the judgement of Justice Drishti Vishwaas, the first to go out for circulation. Justice Ranjit Singh was certain that Justice Drishti Vishwaas’s judgment was going to be a minority judgement and finally the bench would be divided 9: 4, with himself, Ramphry Doorabji J, Chief Justice of India designate, Abdi J. the next Chief Justice of India and Patnaik J. the next Chief Justice after Abdi J.and other signatories with them holding the majority, while the present Chief Justice of India, Justice A.Muthukrishnan and may be one more certainly going with her. He had great respect for Justice Drishti Vishwaas and her fearless consistency which he had seen, observing her for over 42 yrs. manifesting a powerful positive energy which he always felt, but did not understand. How a person can be so ruthlessly consistent, he had always wondered on several occasions, integrity was a great idealism, but it had disastrous consequences when personified.

Justice Ranjeet Singh had once overheard A. Muthukrishnan J. telling her and Maanas “The powerful relationship, the clearity of wisdom, unflinching faith and trust in the cosmic energy, which you both manifest, must be coming from several janam of undertaking great piouskarm, it is not just possible to acquire it all in the little years that you have existed.” He had shrugged off his broad shoulder, for that did not relate to the world of facts and figures, logic and reasoning. The approach seemed to be wholly impractical for the teeming billion and twenty five million people of a developing country. Though there seemed to be an un-explainable and incomprehensible radiance emerging from Justice Drishti Vishwaas every time he saw her, for she seemed to be basically a very contended and satisfied being, basically a happy person, with a very smiling face and an extremely open and carefree laugh, so uncommon in the corridors of powers.

He closed the judgment and continued to stare at the light green blank cover page of the judgement in awed silence, he had expected the result but not in such sweeping manner, but that was Justice Drishti Vishwaas and this was her final signature, take it or leave it. It took some time for Justice Ranjit Singh to re-assemble himself. He suddenly became aware that he had an underground mine lying on his table, a seed of an unknown tree which will certainly change the history of the nation and the perception of its people globally as it happened on 8/6 and 8/9 for Japan when atom bombs were exploded over Hiroshima and Nagasaki and on 9/11 for USA when the two airplanes hit and got stuck in the twin towers of the World Trade Center, Manhattan, New York, the pride of USA and marked the vulnerability of Uncle Sam and 26-28/11 when Taj Hotel, Mumbai was in grip of terrorists for almost three days, the  world was glued to T.V. in disgust, aversion, vulnerability, defenselessness and helplessness and some celebrating ecstacy and bliss of striking at the heart of the rising loin, still in slumber.

“Sheo Singh” said Justice Ranjit Singh, certain that 11 am was too early for chilled beer and instantaneously realised that he was almost shouting in a croaking voice, “Get me a glass of water and a cup of very hot black coffee, without milk, without sugar”, and murmured “this … diabetes...”as Sheo Singh rushed into the study.

The real question, ‘Who is John Galt’ was getting resolved and he was able to appreciate and ascertain the contradiction fully. He was certain, that after this judgment there was no going back or looking back. The nation and its energy was waiting for a spark and here was the necessary spark. For the first time he found himself surrendering in awe and respect and was now certain that it was best to rely on the Wahe Guru, for he alone would show the light and the right path to him and the people of this amazing nation, defending which his father was awarded Param Vir Chakra (posthumously) by the President of India, which he had collected on a Republic Day ceremony, as a school student, after the 1961 war with China… Jai Maa Bharati

Diary Entries - Part 5

April 1977 - Change of regime: With the coming of Janta Party into power at the center and swearing in of Shri Morarji Desai as the Prime Minister of India, there is a change in the air of Supreme Court. Niren De, Attorney General for India, has been replaced by S.V.Gupte, as Attorney General for India, he is an exceptionally respected Senior Advocate with a suave, sophisticated and aristocratic demeanor, Lal Narain Sinha Solicitor General of India has been replaced by Shri S.N.Kacker as the Solicitor General, a Senior Advocate from Allahabad, who like my father was short heighted and healthy and suffered from asthama as did my father. Shri Shanti Bhushan, a Senior Advocate from Allahabad, who had earned a great name and fame in appearing against Smt. Indira Gandhi in her election matter, was sworn in as the Law Minister replacing Mr. H.R.Gokhale, whose admission to SCBA was seriously objected to Shri C.K.Daphtry, Senior Advocate,  a doyen of Supreme Court being former Attorney General of India and known for his great wit was the President and Shri B.R.Agarwal, who was a partner of Gagrat & Co. and had done a book on Supreme Court Practice and Procedure and who was a very close friend of my father was the Secretary of the Supreme Court Bar Association.

Lunch in the chambers of Mr. B.P. Maheshwari: Shri B.P. Maheshwari, an elderly advocate, having chamber on the right of our chamber in the front, was an old acquaintance of my father. In fact my father as an advocate was getting his cases filed through him as Advocate on Record. He was a very affectionate and a practical person. When I met him in the corridors of Supreme Court, he asked me to come into his chamber. As I met him in his chambers he inquired me as to where I was taking my lunch and I told him that I took a full breakfast and ate dinner when I go back home. Mr. Maheshwari candidly told me that, that did not work. The tendency was to eat ‘samosa or pakora’ in the canteen when one felt hungry and that was not good for health at all. He told me that there was a ‘tiffinwalla’ who was bringing tiffins consisting of 4 home made chappaties, daal, rice, one vegetable everyday and included kheer on Friday and that it would cost Rs.1.75 per tiffin per day and insisted that I must take lunch in his chamber, for I was like his son. This was one of the best solutions for my lunch I could have got. I used to reach home by 10 pm and used to take a bite in the Supreme Court canteen in the noon during lunch and evening after court hours. The routine was further set, now I had my lunch in the chamber of Mr. B.P. Maheshwari, with his junior Mr. Sethi and Ms. Rafat Hashmi, a lady lawyer from Delhi. Mr. B.P. Maheshwari’s son R.K.Maheshwari was an Advocate and was in USA. In spite of my several inquiries he did not tell me anything about him and went silent and his eyes went wet, whenever I talked to him about the issue. Someday I will know about the same 

    Supreme Court had delivered 54 judgments in 1950 and 78 judgments in 1951. Interestingly though Supreme Court Reports (SCR) was the Official Law Reporting Series by virtue of Law Reporting Act, 1875, but all the judgments of Supreme Court were not published in SCR. SCR published only reportable judgments, but since all judgments of Supreme Court were binding by virtue of Article 141 of the Constitution, a large number of judgments not published in SCR were published in All India Report a private publication from Nagpur since 1914. For 1950 out of 54 judgments, SCR published 40, AIR published 13 and 1 was published in Cr.L.J.  My father’s library had the complete set of AIR since 1914 and we used to religiously clean them during summer vacations and put brown paper covers on them, as I was doing for my school books.  AIR was publishing judgments of all the High Courts in India and we used to number each one of them so that they can be placed in series in the book racks and were not lost when carried with the cases to the court. 

    Apart from Indian and Foreign text books on all subjects, AIR Manual and Halsbury Laws of England, Ramamurthy & Co had subscribed for several other publications like Cr.LJ, LLJ, SLR,  a recent publication introduced since 1969 was of Supreme Court Cases (SCC) and then there were cyclostyled judgments circulated by the Supreme Court Bar Association, every week. All ER (All England Report) like AIR was a private publication, while WLR (Weekly Law Reports) was the Official Series, US Law Reports Lawyers Edition, Australian Law Reports and Commonwealth Law Reports (Canada), Howard Law Review were also there. There was an independent section for bare Acts arranged alphabetically and loose volumes of the latest law reports.

    One thing which struck me was the fact that Mr. S.C.Agrawal, before leaving for conference with Mr.R.K.Garg or for the court, would briefly brush through the loose volumes and cyclostyled copies of latest judgments. I soon realized that one of the major issue during the hearing of the matter was, when the Hon’ble judge would ask the appearing senior advocate, if he has looked into the latest judgment delivered by the Supreme Court and it was very discomforting for the Senior Advocate if he had not. It was more embarrassing if the Judge would say that the judgment cited at the bar has been reconsidered recently and he must have a look into it.  The judgments were delivered every day and were not available unless circulated by SCBA or published in a law report. To be respected advocate, it was imperative, to keep abreast with every judgment of the Supreme Court, before going to the court to avoid any humiliation or uncomfortable situation of any sort.

    If a judgment was reported in SCR, the court would insist on citing SCR only. There was one Shri Gopi, an old librarian in SCBA, who had published a conversion table from AIR to SCR and SCR to AIR, which was quite in demand and use. Whenever a list of judgments to be cited before the court was given to the SCBA library to bring the books to the court, the SCBA library staff would get corresponding SCR with proper flags to the court. There was also an encyclopedia of Supreme Court judgments, which was very helpful to get the citations by name of the case alphabetically. 

Another important issue for an esteemed advocate, was his capacity to keep constant  track of follow up and over-ruled judgments. Mr. Ashok K. Sen, who had a better library than Supreme Court Judges Library, for he had some English Law Reports, not even available in the Supreme Court Judges Library, had in pencil marked on his personal law reports the citation of the judgments in which the judgment was followed, distinguished, referred, overruled, etc, like a ready referencer. He was also the law minister of India from (1957 to 1966 - Jawaharlal Nehru’s cabinet). Mr. S.C.Agrawal had it all in his memory which was updated every day along with judgments from UK, USA, Australia and Canada and that is the unmatchable bedrock and strength of Ramamurthy & Co. Several advocates, came and asked Shri S.C.Agarwal about the latest judgments on any issue, which he told with a great smile, which he was always bearing. Finding precedents on the issue in hand is a major activity in advocates office.

    509 judgments were delivered in the year 1976 and 222 judgments between 04.01.1977 to 06.05.1977. There were 14 Constitutional bench judgments in 1976 and 3 in 1977. MISA judgment in 1976 where 13 judgments of the various High Courts, including one delivered by my father in the High Court of Rajasthan was set aside and in which Justice H.R.Khanna had given a dissent, was an important judgment. In 1977 the Supreme Court had delivered 3 Constitutional Bench Judgments. Constitutional Bench Judgment of Justice Krishna Iyer in Fatehchand Himmatlal dealing with validity of Maharashtra Debt Relief Act expounded the constitutional philosophy. 

Summer Vacations: This was a leap year, the total working days for Supreme Court were 183 and total non working days were 183. There was a long summer vacation spreading over a period of 10 weeks from May 7 to July 18. During vacation, two Hon’ble Judge would sit singly for four weeks and two in the next four weeks and take up only very urgent matters. The long summer vacation has been a long tradition since the British days. The High Courts were working for 212 days and the sub-ordinate judiciary for 240 days. The only logic I could find out for this long vacation was that the judges from Britain, who were coming to India, must be travelling back during summers. Travel by ship would be taking two weeks one side totaling to four weeks either side and 6 weeks were left for actual vacation, to get a break from the court routine. The matters whose limitation expired during the summer vacation, were all prepared during the period, piled up and had to be filed on the reopening i.e. July 19, 1977. High Court had 6 week vacation and since my father loved and enjoyed to travel all around, he always had his itinerary worked out well in advance and would leave immediately as soon as the vacations started and would be back a few days before the reopening. He had gone around the world to Dubai, several countries in Europe, various places in USA, Hong Kong and Japan, as an advocate in 1971. 

     In absence of any communication with my senior Mr. S.C.Agarwal or Mr. R.K.Garg on the subject, as to how I should actually go about the profession, I had just continued to absorb everything I could, every moment I was in Supreme Court. Since the summer vacation were coming close and I had to vacate 60 South Avenue, I asked my senior Mr. S.C.Agarwal, to tell me as to what I should be doing during the vacation. He told me since, I had come directly to Supreme Court and had no experience of Trial Court, I must go to a senior in Trial Court and talk to Shri B.P.Agarwal, a senior Advocate in Jaipur. I had a feeling that my coming directly to Supreme Court was not a very acceptable decision, but I had no choice, the choice were made elsewhere, I could only do my best to my perfection.

      I came to Jaipur, discussed the issue with Shri B.P.Agarwal and joined Shri H.M.K.Wali, advocate, who had his office at Wali Gardens and started accompanying him to the trial court in Jaipur. He had two juniors working with him Mr. R.K.Yadav and Mr. Amar Singh. It was amazing to find a wonderful, fine, magnificent and highly respected human being in Mr. Wali. He was totally unruffled and unperturbed and was always smiling and thinking deep. As soon as the matter would be reaching, he would walk to the pan shop, collect a bundle of pan and walk back to the court thinking, contemplating and considering the various aspects of the case. He used to eat almost 40 pan in every day. The judges would hear him with great respect and apt attention and pass the orders. Mr. Wali showed all respect to every judge and made his arguments clearly and precisely. Finally one day he gave me a voluminous brief to read and prepare. After carefully preparing my notes, when I discussed the issues and briefed him he put me a few question, just to test the direction or my understanding and was quite pleased and said that I must have learned all this in Supreme Court with the great seniors with whom I was working. 

28.06.1977 – An uncomfortable experience -As I entered the court today just behind my senior Mr. H.M.K.Wali, the presiding judge recognized, me and almost jumped out of seat. He enquired as to what brought me to the court. It was quite a embarrassing situation. I told him that I had joined Mr. Wali and just walked out of the court, never to come back again.

01.07.1977 – Back to Delhi, back to Supreme Court, Stay at Indian Law Institute and shifting to Ashok Vihar - I read in the column of ‘thought of the day’ - ‘The eagle never lost more of its time than when it went to learn of the crow’. I showed the same to Mr. Wali and he told me that I had nothing much to learn in the trial court and it would be better if I go back to Delhi and practice there. He further expressed that learning will come as I will continue to work on cases as it came, each case was a learning process and every procedure and issue in it must be clearly understood. 

Since I had vacated 60, South Avenue and had no place to live, I made enquiry and got accommodation to stay in a room on the side of Indian Law Institute @ Rs. 5 per day, for a period of 30 days, which was the maximum period allowed there. I met a few academicians there, who used to visit for attending conference or research at ILI and it was a great treat to talk to them and relate to some of my actual experience in Supreme Court. I thereafter, shifted to my cousins place in Ashok Vihar Phase 1, which was quite a distance from Supreme Court, commutation period was more than an hour in DTC bus. I used to take a morning 7.45 am bus to Shakti Nagar, if I did not get a direct bus , another bus to Tilak Bridge and walk to Supreme Court. Leave the chamber at 9 pm, walk till Tilak bridge, wait for the bus to get to Shakti Nagar, change to another bus to Ashok Vihar reaching  back by 11 pm. Attend Bhartiya Vidhya Bhawan on Friday Evening and Sunday morning. All through the commutation, I used to read Shrimat Bhagwat Gita, which I had copied in my diary or various jottings which I took down from the books I had read and there were many.   

     Further Readings: I had already completed reading Complete work of Vivekanand in 8 volumes and had moved on to ‘Godfather’ by Mario Puzo, an amazing book opening the heart of underworld in USA, along with same came in ‘The Valachi Papers’ by Peter Mass and ‘Honor thy Family’ by Gay Telese, about a Bonano Family of New York, USA which finally ended in conviction held by the US Supreme Court. Also read ‘The Day of the Jackal and ‘The Odessa File’ by Fredrick Forsyth. Two books which really gripped and enthused me and which was found it difficult to keep it aside was ‘Fountain Head’ and ‘Atlas Shrugged’ by Ayn Rand. Her other books followed – ‘We the Living’, ‘Anthem’, ‘For the New Intellectuals’, ‘The Virtue of Selfishness’, ‘Voice of Reason’. The character of Horward Roark,  Dominique Fracon,  Peter Keating, and Ellsworth Toohey in Fountain Head and the characters of the three disciples of philosopher Dr. Hugh Akston - John Galt, Francisco and Ragner and the classic lines about them:

     “Don’t be astonished, Miss Taggart… and don’t make the mistake of thinking that these three pupils of mine are some of superhuman creatures. They’re much greater and more astounding than that; they’re normal men – a thing that world has never seen – and their feat is that they managed to survive as such. It does take an exceptional mind and still more exceptional integrity to remain untouched by the brain – destroying influences of the world’s doctrines, the accumulated evil of centuries – to remain human , since the human is the rational”

   This thought was solidly buttressed by the brilliant Essay on Self Reliance by Ralph Waldo Emerson. Dagny Taggart, Hank Rearden, Midas Mulligan, Richard Halley and many others were powerful characters as many in Ramayan and Mahabharat. Apart from the speech of Francisco on the concept of money, another statement by Ayan Rand formed the fundamental of my understanding:

“Ideas cannot be fought except by means of better ideas. The battle consists, not of opposing, but of exposing; not of denouncing, but of disproving; not of evading, but of boldly proclaiming a full, consistent, and radical alternative.”

    Shrimat Bhagwat Gita was interpreted by all three propounders of main stream of Hindu Philosophy – Advait by Shankracharya, Vishsist Advait by Ramanujam and Dvait by Madhvacharya.  Adviat philosophy was again expounded and taken to the English speaking world by Swami Vivekananda and the individual centric philosophy of Ayn Rand both demanding individual human being to endeavor for leading and craving for total perfection to the best of his ability, potentiality and capacity was in total contradiction, disagreement and inconsistent to what our chamber was known for and was propounding, welfare based on need. Mr. R.K.Garg with photo of Lenin hanging in his chamber, was all about nationalist socialism, providing the have not’s, a minimum basic for everyone. To understand socialism and the philosophy underlying it I bought three volumes of Das Capital, which I was not able to read, but read ‘The Grammar of Politics’ by Harlod J.Laski and the beautiful opening lines made so much sense and expressed the brilliance of the outstanding work. The lines read as follows:

    “My husband once said, that every time an intellectual has the chance to speak out against injustice, and yet remains silent, he contributes to the moral paralysis and intellectual barrenness that grips the affluent world." Frida Laski w/o Harold J. Laski, author of ‘The Grammar of Politics’

   It seemed that the two philosophies were in contradictions,  but to mind there was none. Development or progress of the Self wholly supported the commitment to fellow beings. To understand the whole it was imperative to fully grasp the so called contradictions which were in fact complementary to each other. Contraria Sunt Complementa, was the motto on Bohr's coat of arms 'Contradictions are complementary” Bohr was a visionary physicist and developed the quantum theory, he was ready to see the dual nature not as a contradiction but as 'two sides of the same coin’. 

   I was in the most powerful chamber propounding a philosophy and was in need of some amount to sustain myself and the same was true with many others who had shifted to Delhi, but there was no money, for there was practically no contribution to the day to day working, except some errands, but that seemed to be process of learning. Money was not an issue with me, for my father had given me a blank cheque book, which I could fill with any amount and deposit in my account, but the issue was my earning on my own with dignity and there was none till date. There was, therefore, some error somewhere, between philosophy and practice but that did not make sense. Any philosophy which did not have practical application at individual level has no purpose to exist at national level. 

Further Diary Entries – Part 4

Dairy Entry - Neither Mr. S.C.Agrawal nor Mr. R.K.Garg nor Mr. V.J.Francis told me ever to do any work nor was I ever paid anything for I was doing just nothing. Just come, watch, read and learn if you can. Ramamurty & Co. was a perfect well structured powerful law firm to deal with every issue raised in Supreme Court. In fact they were there in all important Constitutional matters, with Mr. R.K.Garg leading from the front and Mr. S.C.Agarwal, also known as the moving encyclopedia of Supreme Court, supporting him with a great sime. Everybody was enjoying what was happening and a lot was happening every day. There was nothing specific for me to be do or contribute in the on going activities, except Thursday settling of list with Mr. V.J. Francis. It was amazing to see Mr. S.C. Agrawal working always bearing a great smile. He would read the whole file cover to cover, make some notes, pick up some judgments and draft the whole Special Leave Petition in his own hand writing which was like scribbling in the smallest size possible. Beginning from ‘In the Supreme Court of India’ till ‘Drawn and Filed by’ or sometimes dictate to the steno in the same style, if the steno was free as he was mostly getting work from Mr.R.KGarg. There was one typist who alone was able to decipher Mr.S.C.Agarwal hand writing and would cut the stencils. From stencils copies of SLPs were rolled out in the side room by Mr.Sikka, one plus eleven. One plus seven were filed in the Supreme Court (if the matter was referred to 5 judges, there were sufficient copies available), one for Mr. R.K. Garg, one for Mr. S.C. Agrawal, one for Mr. V.J.Francis which I used to use for reading and making my notes and one for the client. I would read all the briefs that were listed, make my notes, read the judgments referred in the judgments of the High Courts and noted by Mr. R.K.Garg and cited by Mr. S.C.Agrawal during conference. I was enjoying absorbing everything that was going around. If notice was issued in the SLP, then the stencils were re-rolled and one copy for each respondent was filed with the registry, which used to prepare the index. The opposite counsel was given three sets, one for his senior, one for AOR and another for his client, after he had confirmed that he had filed the Vakalatnama.

Joining Diploma in Administrative Law – Indian Law Institute – Right in front of Supreme Court was a building  of Bar Council of India and next to it on the right was a four storied building of Indian Law Institute. When I visited it I found it had a huge library, particularly Law Journals from Howard, Stanford, Yale and many other Law Universities. I also found that they were running a diploma courses in Administrative Law, Labour Law and Company law. Since I had a good time to spare, I joined Administrative Law diploma and would go in the evening to attend my classes from 5.30 to 7.30 come back to the chamber and read till 9 pm.

Joining classes at Bhartiya Vidhya Bhawan - My grandfather used to tell us (me and my elder brother) a story every late evening post dinner 8.15 to 9.15 since I was of the age of 5 till 13 yrs of age. They covered the entire Bhaagwat, Mahaabharat and Raamaayan. Swami Chinmayanada had come to Jodhpur for his 365 Geeta Gyan Yagya for the period 7 days. While I was in my final year LL.B, I accompanied my grandfather for the morning discourse on 13 chapter of Srimat Bhagwat Gita and evening discourse on Narad Bhakti Sutra and Parshno Upanishad. This was the beginning of my spiritual awakening. I think it came at a time when it was most required. A got a copy Srimat Bhagwat Gita by Swami Chidananda with my grandfather signatures and it was the great treat of my life, reading the same from the cover to cover. The introduction running into 78 pages opened my thinking process and the book was the greatest treat of my life, which I still continue to enjoy and refer to whenever necessary. On enquiry I came to know that Chinmaya Mission was conducting classes of Friday evening and Sunday Morning in Upanishad at Bhartiya Vidya Bhawan, which was on Karturba Gandhi Marg, walking distance from Supreme Court. I met Swami Yagya Chaitaniya there, a young yogi and a very close disciple of Swami Chinamayanad. The classes started with Kathopanishad, the next to follow was Kaivaliyopanishad and thereafter all the major 11 upanishad.

Acquaintances, Associates, Colleagues and Friends - There are a large number of amazing young advocates from all over the country who had passed their law in 1975 – 1976. May be there is some commonality or a good reason for all of us being here together. Made some good acquaintances with Ashok Panda from Orissa, Ram Kumar from Chennai, Ms. Malini Poduval from Kerala, B.B.Singh from Bihar, Rupinder Singh Suri from Delhi, Manik Tarkunde was Justice Trakunde’s daughter from Bombay, a very respected senior. There is an interesting group of Ms. Sunanda Bhandare, Y.K.Jain, K.K. Mohan, Anil Singh, Rajeev Dutta, Naresh Sharma and L.R. Singh, meeting every Friday evening at Ashoka Hotel. Cold tea with lime and french fries and lot of discussions. I enjoyed their company and the wide range of thoughts communicated by them.

03.01.1977 – Elevation of P.S.Kailasam as Judge of Supreme Court – Justice P.S.Kailasm from Madras High Court was elevated as a judge of Supreme Court today

29.01.1977 – Elevation of Justice M.H.Beg as Chief Justice of India - Today justice M.H.Beg was sown in as the 15^th  Chief Justice of India. The ceremony was held at Rashtrapati Bhawan, where only few were invited. Mr. D.P.Singh, Mr. R.K.Garg and Mr. S.C.Agarwal had all gone attend the ceremony. Justice H.R.Khanna who was the sole dissenting judge in the MISA case was superseded and had resigned. He would have continued as Chief Justice for about 43 days, till 12.03.1977. This was the second supersession in the history of Supreme Court, when a seniormost pusine judge was not made the Chief Justice of India. The earlier was immediately after the judgment of Keshwanand Bharti in 1973, the basic structure case, when Justice A.N.Ray was elevated as the Chief Justice of India and three senior judges Justice J.M.Shelat, Justice K.S.Hedge and Justice A.N.Grover had resigned. Commitment to political thinking seems to be imperative for giving effect to the progressiveness and dynamics ingrained and inbuilt in the Constitution.

24.03.1977 - Congress Loses Election - Congress lost election in Center and Rajasthan. Morarji Desai became the Prime Minister of India and Mr. Bhiron Singh Shekhawat in Rajasthan. Mr. Shrikrishanmal Modi lost election from Neem Ka Thana. I will have to vacate the room I was so comfortably occupying at 60, South Avenue, in next 3 months.

31.03.1977- 4.00 pm – SCBA Meeting - Supreme Court Bar Association today held a meeting to consider the actions of Mr. H.R. Gokhale, of what did to Law and Justice and the Supreme Court as a Union Minister of law and justice and not to allow him to continue as a member of the Bar Association. He was instrumental in imposition of Emergency and incharge of all legal issues with Mrs. Indira Gandhi, Prime Minister of India. Ramamurty & Co. was very close to her. Mr. S.C.Agarwal had drafted the S.LP against the Allahabad High Court judgment, setting aside her election. Mr. Govind Mukhoti the Vice President of the Bar Association spoke about the resolution he had in his hand for not allowing SCBA membership to Mr. Gokhale. A cry was there to postpone the meeting and there were many cries to see that the cries stop.

  The resolution was then read by Mr. J.P. Goyal the main contender in favour of passing the resolution as he seemed to be, started with some personal allegations about him helping his son in law by briefs and to see that he becomes something, which otherwise would not have been possible. Then he came upon saying that Mr. R.K. Garg sat down in Keshwanand Bharti case taking Rs. 1,00,000. At that stage Mr Shiv Pujan Singh came out and shouted and cried that if that was so, than everyone in the profession was corrupt.

   The entire Bar shouted, all and every one shouted at the top of their voice and nobody could listen what other said but everybody said what he long wished to say. It seemed out to be a wonderful channel to project ones thoughts, when nobody could listen but everybody could hear. This made the V.P. say that the resolution be passed by raising of hands. Hands were raised, counted in its own way and resolution could not be passed. There was a victorious joys and some faces fell lopsided, but then there was call for recounting. Again hands were raised, recounting was done, this time the other side got more hands on its side. The expressions changed, some faces became long and other exalted with joy. The meeting ended with resolution being passed.

  It is most interesting to see people with personal grievances, personal attachments, personal knowledge, with rigid political orientation and singled channeled thoughts seeing their profession of a lawyer being suspended by a thin thread of political relationships. In the game of power, when it is used ruthlessly, it can be serious misuse for others existing during the same time. Every man is so bewildered, effected an involved in the moment that the real cause always remain hidden, forgotten and we are so much effected by this thought, that we think ourselves as the effect only, totally in contradiction with what says Shrimat Bhagwad Geeta, but this is the real world of activities in flesh and blood for the purse and that is the philosophy for the soul.