My last piece was enjoyed by many. Therefore, I am sharing some more equally delightful vignettes. They are in fact the spice of legal and judicial coparcenary.
Judges are made of firmer judicial human fabric. Justice Badruddin Tyabji was the first Indian barrister in Bombay. He became the Judge of Bombay High Court in 1895. He acted as Chief Justice in 1902, first Indian to hold this position. Fali S. Nariman in his Autobiography : Before Memory Fades has recorded that Justice Tyabji decided cases fairly and honourably (page 65). Two of his sons were members at the Bar. In every case which came before Justice Tyabji, solicitors in Bombay would brief two of his sons on behalf of their respective clients. The two sons would appear, one for the plaintiff and the other for the defendant. Indeed, this was an interesting situation. The father, the Judge. The two lawyer sons, representing the two sides. They lived together. They dined together. The malicious gossip was, they discussed their cases at the dining table. This was brought to the notice of the Chief Justice, Sir Lawrence Jenkins. Justice Jenkins sent a message to Justice Tyabji, is it appropriate for the two sons to appear in their father’s court? Tyabji thundered, “Go and tell the CJ to mind his own business”. The matter rested at that. Justice Tyabji kept on deciding cases, favouring neither of the two sides. I am sharing this with a purpose. This demonstrates the ‘strength’ of the judge’s human fabric. He would decide cases on merit. Not concerned, which son wins the case. So difficult. Yet, it did happen. Therefore, I ask, is it possible to-day? I pause for an answer.
Sir Jamshedji Kanga was arguing a potato merchant’s appeal. The bench consisted of Chief Justice Sir John Beaumont and Justice H.C.Coyajee. The judges were closely questioning Kanga. The following conversation took place :
Coyajee (leaning over in a whisper) Chief, do you see that man bobbing up and down behind Kanga? Beaumont: Yes – he is Kanga’s client. Coyajee: Did you know he had the audacity to come to my house last evening to deliver a bag of potatoes. Beaumont: (smiling) And what did you do Coyajee? Coyajee: Of course, I asked him to instantly leave with his gift. Beaumont: What a pity. Coyajee – I assure you they were excellent potatoes! Seeing the look of horror on Coyajee’s face, Beaumont then added, ‘Do you really think, Coyajee, that a bag of potatoes is going to make any difference as to how we decide this case? Of course, the potato merchant’s appeal was dismissed!
Justice J.L.Gupta delivered many landmark judgments. The law reporters would bear testimony. The judgments reflected his scholarship in law. Also his deep love for English literature and history. They were weaved in simple English. Yet the knitting of words and thoughts was a beauty. Producing quotable quotes. Justice T.S.Thakur, CJI in his full court reference in the supreme court on Justice Gupta’s death said:
He conducted his court and wrote his judgments with the flourish of the music conductor’s baton directing the symphony of an orchestra.
There were ‘three service chiefs’ – Mr. Kuldip Singh, Mr. J.L.Gupta and Mr. M.R.Agnihotri. All the three came to be elevated as judges. Mr.Kuldip Singh (as he then was), was on his feet before a single judge. Another case was called before the first bench presided over by chief Justice P.C.Jain. Mr. Singh asked G.C.Gupta, advocate sitting next to him to rush to the first court and make a request for a pass over. The request made by Gupta was turned down. The Chief Justice asked him to argue the case. Mr. Gupta was not ready with the case. He continued praying for an adjournment. The Chief Justice started dictating the order: Mr. G.C.Gupta, learned counsel appearing for the petitioner, prayed for an adjournment. At that point, G.C.Gupta got up and said ‘My Lord, I have a request’. The Chief Justice looked at him, ‘My Lords, kindly delete the word learned. How am I to learn, when I cannot argue the case?’ The judges looked at each other. Rather amusedly. Passed over the case.
Chief Justice M.C.Chagla mingled with kings and commoners. With the same attitude and grace. He was truly aristocratic. But never arrogant. His son, Iqbal M. Chagla, senior advocate at the Bombay High Court (whom I had the pleasure of meeting) shared that their maid had gone to Germany. She met the man whom she married. She came to Bombay with her husband. They both came home to meet M.C.Chagla. Chagla was alone. He called them both into his room. Greeted them warmly. They were made comfortable. Chagla shared a glass of beer with the husband. She was offered a soft drink. Chagla acted so naturally. Chagla believed that those who have served you, should be looked after.
Justice M.C.Chagla never missed a single day of work in court. He never rose before the court hours. He firmly believed that a judge must observe the court hours. This is always the rule of law for a judge. When Earl Warren, the Chief Justice of the United States arrived in Bombay, Chagla politely declined to receive him at the airport. His arrival was during the court hours. He went to see Chief Justice Warren immediately after the court rose. He apologized to him. Told the reason for his absence at the airport. Earl Warren readily agreed that what Chagla had done was perfectly right.
Dr. B.R.Ambedkar was the Chief Architect of the Indian Constitution. He was opposed to article 370. Pt. Jawaharlal Nehru referred Sheikh Adbullah to meet Babasaheb. For giving special constitutional status to Kashmir. Abdullah met him. Babasaheb told Adbullah : ‘you want India to defend Kashmir. India should develop Kashmir. Kashmiris should have equal rights as the citizens of India. But you do not want India and any citizen of India to have any rights in Kashmir. You tell me, what do you expect from the Law Minister of India? Article 370 stands abolished in the 74th year of Indian Constitution.
Dr. B.R.Ambedkar had a rich and the largest personal library. More than 50,000 books. When he was in London, he used to go to the library every day. Studied for many hours. One day, sitting in the library during the lunch hour, the librarian saw him eating a piece of bread. Nobody was permitted to bring eatables to the library. Everyone was required to go to the cafeteria. Since Ambedkar had breached the rule, he was given notice. Why is his membership of the library not terminated alongwith fine? Ambedkar decided to be truthful. He apologized. Unconditionally. He explained, he could not afford to go to the cafeteria. He bought cheaper food from outside. Ate it in the library. The response of the jewish librarian was : ‘from today you will not be sitting in the library during the lunch break. You will come to the cafeteria with me. I would share my meal with you’. This gesture touched Babasaheb. He had a special place in his heart for the jewish people.
Each episode is a learning experience. Relaxing and enjoying. They speak of the strength of the legal and judicial coparcenary.