My High Court Reflections From The Memory Pool

Mr. Murli Dhar

Senior Advocate,  High Court, Allahabad

The image of an institution like the High Court in one’s mind is partly made up from stray incidents which one has witnessed or participated in or have been recounted to him and have made an impression on him. As I peep down my memory pool of about 5 decades of the journey from law student to Presidentship of the Bar Association, the following are some of the images that surge up.

As a law student of Allahabad University (1940-1942) I had never been to the High Court. But from what I had read and heard had formed the impression that it was a place where the level of intelligence, learning and wisdom was higher than most other areas of society. I was particularly impressed by a story told by one of our law teachers in the class that one day a law Professor had taken a batch of law students to the High Court to hear a famous Calcutta lawyer appearing in a case. In the course of the argument the opposite party’s counsel quoted from Shakespere. The learned gentlemen from Calcutta interrupted “My Lord” I can put up with many things but not a misquotation of Shakespere Then followed a brilliant discourse about Shakesperian quotations for the rest of the day. At the end of the day the Professor told the students that they did nto hear much law, but should not be sorry for Mr.¾¾is one of the finest Shakesperian scholars in this country.

During practice in the Muffasil District Courts at Dehradun the High Court seemed to be the holy of holies and the names of P.L. Banerjee, Dr. Katju and Gopal Swaroop Pathak were heard with awe and reverence. It is interesting to note that in public mind the great advocates have always been greater heroes than the great judges. At Dehradun I had occasion to hear with wide eyed admiration P.L. Banerjee and Gopal Swaroop Pathak opposing each other in a case involving the classic problem whether a transaction (which had in that case been  evidenced by a document drafted by a senior lawyer of Dehradun and was described as a deed of lease) was a Zare Preshagi lease or mortgage. I remember the packed court room and P.L.B. in his magical voice and superb language holding everyone to rapt attention while dilating on how only the essence of the terms can determine the real legal character of the transaction and not the description given to it by the draftsman. He referred to the deed of lease noted the presence of the lawyer who had drafted it in court and with a twinkle in his eye related the following story: A friend went to visit another friend at the latter’s house, At the gate the furious barking of the friend’s dog made him stop. The house owner exhorted “come in come in” you know barking dogs seldom bite”. The visitor replied you  may know the proverb, I may know the proverb, but the point is whether he (dog) knows the proverb.’ The senior lawyer who had drafted the deed quietly left the room. The scene has remained etched in my memory.

Another glimpse of high court in those early days was this: I came to get two criminal revisions against acquittal filed. Someone had given me a reference to late Sri C.B. Agarwala who has then at the Bar. I met him for the first time and found him a learned gracious man. He accepted the brief even though I could pay only a small fee and then for a short while at my instance he spoke about some great advocates. I still remember his praise for P.L.B. as a most impressive and able advocate, but his equally great praise for Sir Alladi Krishna Swamy Iyer. He told me that advocacy was primarily the art of persuading the one or more men on the bench and not that of convincing critics or impressing the gallery and suave and soft and persuasive often score over the brilliant who win applause of the audience. As has been remarked by a discriminating observer that the best advocates sometime deliberately under state their case to activiate the Judge.

I was a member of the State judiciary from 1946 to 1978. For the subordinate judiciary the High Court inspections were a matter of trepidation, anxiety and awe. I remember in the late 50’s a friend of mine, alas no more was posted as Additional. Sessions Judge in a station where I was also posted on deputation with the State Govt. Justice Desai as Administrative Judge was inspecting the Courts. The learned Judge as was his practice perused a few judgements of the officer and casually remarked “too brief”. This gentleman was very fussy about his work. After spending a good deal of time, he took out some more judgements and next day craved the indulgence of the judge to look at these also in view of his remark of the previous day. The A.J. read the judgements and with a poker face declared “too long”.

The figures of a number of Administrative Judges and Chief Justice whom I had occasion to meet officially as a District Judge, (Justices S.N. Dwivedi, S.K. Verma, G.C. Mathur, K.B. Asthana, D.S. Mathur, Satish Chandra) and many remembrances relating to these meetings on their official visits flood up when I look back.

Came the elevation to the bench on 14^th Dec. 1978 During my two and a quarter years for quite some time I was a junior judge in a Division Bench with Justice N.D. Ojha (now in Supreme Court) or with Justice K.N. Seth (since retired) Justice Ojha was highly conscientious, learned, saintly and affectionate person, embodying the highest judicial virtues. I remember his telling me that he had never availed of the leave travel concession allowed to High Court Judges I suggested that rather than giving this information and explaining the reason it may be more convenient for him to avail L.T.C. just once for a journey to Phaphamau if he was not inclined to go any further. Ojhajee enjoyed the idea and even now mentions it some times. Justice Seth was a very good judge. He was not erudite but had a very strong common sense with a keen desire to do justice. His orders were always brief to the point and effective. Once in a criminal appeal I found him drifting with the counsel’s argument which centred on the contention that incised wounds could not be caused by ballams in the cramped space of a kothari as the prosecution case was. When I found that he was in my assessment reaching the point of no return, I interrupted the counsel by saying the incised wounds could be caused by Ballam and it was all a question of the way the blow struck the victim. This interruption broke the drift though I dare say the learned counsel was annoyed. After the arguments were complete Seth graciously told me that he agreed with my view and wanted me to prepare the judgement. I thanked him but requested that in that case it would be better if the leading judgement was in his name.

1981 onwards in the High Court Bar th e10 years have been a rewarding experience. I remember numerous incidents and a host of persons on the Bench and in the bar who have been extremely kind and considerate to me and bestowed generosity and affection which I may or may not have deserved, yet has certainly gratified me. There have been only rare passing incidents of the reverse kind.

These days the crowd, the noise the jostling in the corridors of the High Court and canteen is maddening but I love it and start missing it even it the court remains closed for a few days.

The scene in the corridors too is a mixture of kumbh mela, stock exchange. A far cry from the olden days marked by loftiness and quiet dignity. What finally matters is that the show goes on and we should do our utmost to make it better.