A Peep into the Past - My First Brief and My Best Brief.

‘A Peep into the Past.’

‘My First Brief and My Best Brief’

By

J.L. Gupta

            This year, on Feb.28, 2013, I had completed 50 years in law. So, the past  replayed itself. Two things stand out. The day I appeared in court for the first time and the most outstanding person I appeared for.

It was the year 1960. I had graduated and was admitted to the Law College. In 1962, I was a graduate in law. But I learnt to my utter dismay that I was a year too young. However, in January, 1963, I had reached the prescribed age of 21. And, on Feb. 28, 1963, I was enrolled as an Advocate. In course of time, I had my first brief. Gurdial Singh, a migrant from W. Pakistan and, thus, a displaced person, had committed default in the repayment of a taqavi* loan (“ *advances made to a cultivator for implements; digging wells etc.”). The department had initiated proceedings to recover the amount as arrears of land revenue. This meant that coercive measures could be adopted. The defaulter could even be arrested. One of the senior members of the Bar graciously guided and told me that the validity of such a procedure in the case of a displaced person had been questioned. The issue was pending consideration before a Full Bench of the High Court.

I got a copy of the Order. Drafted the petition. Showed it to the senior who had initially guided me. And finally, with prayers on my lips, presented it to the Court registry. The case was listed for hearing next morning before a Division Bench consisting of Honourable the Chief Justice Mr. Donald Falshaw and another Hon’ble Judge, in Court 1. An imposing structure. A big courtroom. The Judges sitting at a high pedestal. I shall be less than honest if I were to claim that there were no butterflies in the stomach. Even a tremor in hands and feet. However, having faced audience during college days, I was reasonably ready for the situation.

The case was called. I was on my legs. I had just started and was still stating the issue arising in the case when I noticed that the Chief Justice was red in the face. He observed – ‘This is the most frivolous petition that I have come across.’

My response was equally frank. ‘My Lords! If your Lordships have referred a frivolous point to a Full Bench, I have nothing more to say.’ And having said that, I had just sat down. There was a total silence. One could hear a pin drop. And suddenly, the Chief Justice mumbled ‘Alright. We shall issue Notice and grant Stay as prayed.’ The second Judge also appended his signatures. The file was passed on to the court master. I was happy with the result and came back home.

But a thought that has often crossed my mind is – ‘if it were today, shall I do the same?’ No! Never! I think time is a good teacher.

‘My Best Brief’

On March 17, 1771, Sir William Jones in a letter to Count Reviezki observed that, "The only road to the highest stations in this county is that of the law." More than two centuries later, I experienced the truth of this statement.

In all probability, it was the year 1979. Thanks to my degree in law, I was sitting in front of Mr. Mohd. Hidayatullah. He had studied at Cambridge. Was called to the Bar from the Lincoln's  Inn on January 13, 1930. He was "one of those few under-graduates (if any) who, while reading for the Law Tripos, were Barristers!" He had been teaching law for years before I was even born. An eminent lawyer. A distinguished Advocate General. A learned Judge. Had retired as the Chief Justice  of  India. For a few days, he had acted as the President of the country. At the time I met him, he was the Vice-President of India. Also the Chancellor of the Punjab University.

I was asked to appear for him. In the High Court. To defend an order that he had passed. I had got an appointment. Reached punctually. To talk to him about the case. He was already in his study. The discussion about the case had taken no more than a few minutes. At the end, I promised to prepare the draft and send it to him ‘for approval.’ The response was spontaneous- “A doctor who tries to treat himself and a lawyer who wants to argue his own case has a fool for a patient and an idiot for a client.”

And then he had talked about various things. Law, lawyers  and literature. Men and matters. He knew Shakespeare and Salmond like the palm of his hand. I had sat like a student listening to a distinguished Professor.

He had written his memoirs. Chosen the "title of the book from Oliver Wendell Holmes’ subtitle to his "Aristocrat of the Breakfast Tables":  "Everyman his own Boswell." The book was under print at that time. I guess the chapter dealing with the visit of the President of America - Mr. Richard Nixon had just reached him. He had very kindly shown it to me.

There was a reference to the crowds that had lined the route. It reads - "In the car President Nixon seemed relaxed and quite flattered by the response of the people. Characteristically, he asked me: 'Mr. President, do people always turn out like this to greet the Indian President or is this because of the President of the United States' I sensed the comparison. I quietly replied: "Mr. President, I would not know, but I do suspect that many youngsters are here to see what a bulletproof car looks like!' He smiled and replied - you have a point there!"

An appropriate answer from a dignified Indian to an arrogant American!

The meeting should have been over at 4.30 p.m. It was already 5.30. He was being kind and generous. I thought it was time to take his leave. He had come out to see me off. There was no man at the door. He had opened it himself. I learnt that the entire staff had instructions to leave at 5 p.m. No official was allowed to stay after the office hours. He polished his shoes and ironed his clothes himself. He looked after the people who worked for him. Once he had sent the entire staff to watch the performance of a foreign ballet that was visiting the Capital. And so on. Here was an example to emulate.

The letter that he wrote in his own hand has been a prize possession. Despite the lapse of twenty- three decades, the words of William Jones are still true. Even in India. Law took me to a very high station in life. I met a tall man. An excellent human being. Learned. Adorned the highest offices. Yet, a perfect picture of humility. May his tribe flourish.

This has easily been my best brief.