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