Monday 29 September 2014

A REWARDING RECIPE - For the Beginners at the Bar

For the Beginners at the Bar
“A Rewarding Recipe”
Perseverance & Prayer
By
J. L. Gupta


Gradually, I had graduated. Even in law. I was now qualified to be enrolled as an advocate. And then to wear the robes ordained as the insignia of the profession - the butterfly collars, the bands, the black and grey striped trousers, the black jacket and the gown.
         It has been said that a "man with a good coat on his back meets with a better reception". Believing it to be so, I had scraped through all my savings of student days and bought myself a decent though not an extravagantly expensive dress. After some months, when I was 21 years old, I was actually enrolled as an Advocate. But, that was all. I had nothing more. No office. No books. No staff. And yet, I hoped to set up a legal practice. With what? I had no idea. With patience to wait?  With a will, determination and an overwhelming need to succeed?
         One day, a middle-aged man walked in. He opened his worn out bag and took out the Paper-book. Apparently, the man had waited for years. Though, posthumous awards are no longer the sole monopoly of the services, yet, he had hoped that he would get justice in his lifetime. The papers were partly moth-eaten. They had gone yellow with years. Just 300 typed pages. In the language of law, it is still called a brief.
         In spite of need, I was reluctant to accept the brief. My daughter had high fever. I was anxious. However, the man was not ready to take a No under any circumstances. He undertook to sit by her bedside and pray till she was well. He was confident that she would be fine by the morning.
He prayed. I sat through the night and read his brief. At past three in the morning, I had finished reading the paper-book. He was still with the beads. I felt the child's pulse. The fever had gone. His prayers had been answered. Shall my effort bear any fruit?
As the case started, it was evident that it would not be a smooth sailing. In strictly legal terms, I did not have much to complain about. However, in equity, the claim appeared to be fair. But, the Bench was not receptive. Regardless, I persisted.
         In between, while their Lordships were conferring, I whispered to a senior colleague: "Shall I be able to 'secure' the petitioner’s job for him?"
"Only for as long as you keep talking" was the terse reply.
The response was not encouraging. Especially for a beginner. Yet, I silently prayed and persisted. I was able to do so primarily for the reason that I was morally convinced about the innocence of the petitioner- the Justice of his cause. I had faith and confidence in the efficacy of prayer. Equally, I had the belief that in court as much as before God, the truth must triumph. Still more, I needed to succeed. Every case makes a difference. Especially, in the beginning. It was necessary to win. I had nothing else to fall back upon.
As I persisted, their Lordships examined the file, conferred for a while, and found that the evidence on record had not been considered by the punishing Authority while passing the order of dismissal from service.  The Bench pronounced the judgment in favour of the petitioner.
Ultimately, truth had triumphed. Justice was done. Not entirely because of me. There is an invisible force that guides the destiny of us all. But, one is related to the other. His success was mine too. We both needed success to survive. And, we did.
Forty years and more have passed since then. Lots of things have happened. Once, I even made bold to boast: "I am a self made man." And without batting an eyelid a friend remarked: "Does it not save many of a lot of blame?” He was so right. Everyone could have agreed. But prayer & perseverance really make a rewarding recipe. Every beginner at the Bar shall do well to remember that.


Sunday 7 September 2014

NO! MY LORDS!

NO! MY LORDS!
By
J.L. GUPTA

The year 1960. The Annual function at the Law Department of the University. The hall was packed. There were the distinguished guests, Students, Teachers and many others. For the first time, I was face to face with a High Court Judge. He looked like the other human beings. Yet, he stood out. There was a distinct aura about him. A quiet dignity. A rare rhythm in every movement. He inspired respect. Had a sweet smile. Did not look stern at all. Yet, he created an awe in the mind. The dignity of the office was  maintained throughout. All the people stayed at a respectable distance.

Like everything else around us, this too has changed. Drastically. Today, the Judges can be seen almost everywhere. No wonder, today when they leave the Court, they walk into another office. They seem to see no difference between a constitutional office and a merely statutory post or any other job. Very often, without any real gap of time. It certainly gives an impression that the efforts had started well in advance of the date of retirement. In such a situation, the man in the street can legitimately suspect that the Judge has been rewarded for the services rendered. The suspicion may be wholly unfounded. The particular Judge may have been chosen purely on considerations of merit and suitability. But the doubts still persist. The image of JUDICIARY as an institution takes a bad beating. Every time, when such a thing happens, it falls from the high pedestal.

My friends may tell me – “the grapes are sour.” Absolutely true. I shall immediately plead guilty to the charge. Unhesitatingly acknowledge that I lacked the ability and acumen to get any job after retirement. Still, the issue is – “Should a Judge accept any job under the State even after his retirement?” And my answer is – No! Why?

1.    A Judge like Ceaser’s  wife has to be always free from suspicion. Accepting any favour, small or big, is bound to create a suspicion and reflect adversely. Thus, it is not at all permissible.

2.    The goddess of Justice is blind. She sees no person or party. Only the cause. No storm can shake her throne. It is on this faith that the Judicial system is founded. Acceptance or even an expectation of a favour rocks the independence of Judiciary and thus, the very foundation on which the system is founded. 


In this background, let us look at the latest appointment. Of Mr. Justice P. Sathasivam. He retired as the Chief Justice of India on April 26, 2014. He has already been appointed and duly sworn in as the Governor of Kerala. People are talking on the social and the other media. The controversy was wholly avoidable. The august office of the Chief Justice of India should have been saved from the unsavoury comments. However, an appointment soon after retirement is neither administratively appropriate nor politically correct. It affects the independence and image of the Judiciary as an Institution. The Members of the Judiciary have themselves to protect it by firmly resisting every temptation. Not by readily yielding to it. No! My Lords! It is not in conformity with the dignity of the high office held by you.