Friday, August 21, 2015

NIGHT DRAMA THAT SUCCEEDED

Sometime ago, there were headlines in the newspaper 'Night Drama that did not succeed'. Here is the story of a night drama that succeeded. 

Kalyan Singh was the Chief Minister of Uttar Pradesh and Romesh Bhandari was the Governor. He,  illegally dismissed the Kalyan Singh Government on 21st February, 1998.  A writ petition was filed the smae night and he was reinstated. This is the only time that the a deposed head of a State was pput back in saddle by the court. Here is the account of the same. 

The writ petition at the Allahabad High Court was filed by Dr. NKS Gaur, an MLA from Allahabad North and Minister of Higher Education in UP, but for the sake of convenience, the case is referred as 'the Kalyan-Singh case'.  
Raj Bhavan Lucknow, where impugned order was passed - courtsy official website of the Raj Bhavan

During my tenure as a judge, it has been matter of speculation/ complaint how I became Additional Advocate General and why was this case entrusted to me. This is explained in Appendix-I to this article. In order to complete the picture, Romesh Bhandari's perspective is mentioned in Appendix-II.

Friday, July 31, 2015

A LAWYER'S DUTY

Yakub Menon - picture courtesy Wikipedia
Yesterday, on my way to the Supreme Court, my driver asked me a question, echoing the popular sentiment―should the lawyers do what they did to save the life of Yakub Menon, a terrorist. Here is my take on this. 

Saturday, July 04, 2015

IT MEANS WHAT I CHOOSE IT TO MEAN

Charles Lutwidge Dodgson, a shy Oxford don in Mathematics, loved children; especially Alice, the one with the haunting eyes. On a summer afternoon in 1862, he took her and her two sisters for a rowboat ride. They quipped 'what is a rowboat ride without a story' and  Dodgson told them a story about a young girl, who falls through a rabbit hole into wonderland. This young girl was Alice herself. 

On insistence of Alice, Dodgson penned it down and illustrated it titling 'Alice's Adventures Under Ground'. It was presented to her on 24 November 1964 as a Christmas present, dedicating it as 'A Christmas Gift to a Dear Child in Memory of a Summer's Day'. 

This week in 1865, a  hundred and fifty years ago, the story was published by Macmillan under pen name of Lewis Carroll with the title 'Alice's Adventures in Wonderland' (commonly shortened to 'Alice in Wonderland'). It sold 160,000 copies and provided Dodgson with such a comfortable living that he asked Christ Church to reduce his salary. 

The original manuscript by Dodgson was auctioned by Alice in 1928 for 15,400 pounds ($75,000 US) to an American collector, who resold it for $150,000.  In 1946, it was auctioned again and was purchased by the Library of Congress and was presented back to British people and is now kept in the British Museum. 

The novel is not only most quoted book in the business world but in the legal world as well. Lord Atkin referred to conversation between Alice  and Humpty-Dumpty from the book in his classic dissent in Liversidge Vs Anderson  1941 (3) ALLER 338 (the Liversidge case). This annoyed Lord Simon, the then Chancellor. The article below is about this case; it also mention how Lord Atkin had used the conversation, what heart burning it produced, and answer of Lord Atkin to Lord Simon.

The majority opinion was heavily relied uppon in ADM Jabalpur Vs Shiv Kant Shukla AIR 1976 SC 1207 : (1976)2 scc 521: 1976 UJ (SC) 610: 1976 Cr LR (SC) 303: 1976 CrL J 1945 (SC) (the Habeas Corpus case), where majority of our Supreme Court wrongly held that writ of Habeas Corpus was not maintainable during emergency.
This is a painting by William H Bond National Gepgraphic Creative. It is taken from the this page, where more details as to how book was written can be read. 

Thursday, June 25, 2015

INDEPENDENT INDIA'S DARKEST PERIOD

Internal emergency was imposed 40 years ago. My father VKS Chaudhary was first detained under DIR then under MISA. He was released after emergency was lifted. Here are some lessons from that time.
My father, VKS Chaudhery, was detained during emergency. He was released after emergency. Here he is being brought after he was released from jail.

Sunday, June 07, 2015

RAJJU BHAIYA AS I KNEW HIM


Father of the  author and Rajju Bhaiya - sharing an intimate moment
Professor Rajendra Singh (29.01.1922 – 14.07.2003), or Rajju Bhaiya as he was known, was fourth (from 1994 to 2000) Sar-Sangh Chalak (chief) of Rashtriya Swayam Sewak Sangh (RSS). He was with the Department of Physics, University of Allahabad. He was one of the finest  teachers to have walked in the corridors of the University. However, he left the University in mid 1960's and dedicated his life to social work.  

Monday, March 16, 2015

HITLER’S GHOST WILL HAUNT

Justice Kunwar Bahadur Asthana
Justice Kunwar Bahadur Asthana was the Chief Justice (1974-77) of the Allahabad High court during the emergency. It was because of him that the Allahabad High Court could withstand the onslaught of the emergency. He died on 23rd December 1998. This article was written at that time and is a tribute to him.

Tuesday, December 30, 2014

SAYONARA - CHATTISGARH HIGH COURT

(Farewell speech of Chief Justice Yatindra Singh in the farewell reference on 8th October 2014 at Chhattisgarh High Court.
A pdf format of the same may be downloaded from here.)

Monday, December 15, 2014

Saturday, June 07, 2014

IT LIES IN YOUR HEART

Rule of Law And Our Role In Enforcing It
(This text of speech was delivered by Justice Yatindra Singh, Chief Justice, Chhattisgarh High Court at the valedictory function of the Regional Judicial Conference on 'Role of Courts in upholding the Rule of Law ' (East Zone) at Bilaspur on 30th March, 2014.
You can download it in pdf format from here.
You can also read it in 'The Statesman' here.)


Saturday, March 22, 2014

ATTITUDE, NOT APTITUDE, DETERMINES ALTITUDE

(This speech was delivered by Chief Justice Yatindra Singh, Chancellor of the Hidayullah National law University, Raipur on 22.02.2014 on the occasion of its second convocation.
A pdf format of the same may be downloaded from here.)