ALLAHABAD CHARM

 This post is review of two books about Allahabad

My Own Words

This post is review of the book 'My Own Words', a collection of speeches, articles, letters, briefs submitted, and some dissenting opinions of Justice Ruth Ginsburg.

LegalTrek - Biography/ Book Review

Courtroom - Finest Legal Biography।। Leibowitz - The First Case।। Art of Cross Examination।। The Man on the Cigarette Packet।। Scottsboro Boys' Case - Facts।। Scottsboro Boys case - First Round Supreme Court।। Prejudice - the Womb Of Injustice।। Books - Best Cure For Mental Illness।। Clarence Darrow for the Defense।। Darrow - The Labour Lawyer।। American African Doctor And the White Neighbourhood।। The Monkey Trial।। Justice Holmes: A Yankee Strayed From Olympus।। Louis Nizer - Lawyer To The Famous।। My Own Words।।

WOMEN RIGHTS, PERSON CLAUSE AND THE ALLAHABAD HIGH COURT

Women rights have come a long way but they have yet to become a reality.  The law courts have discriminated them for a long period and not treated then as 'person'.  The Allahabad High Court has the distinction of enrolling 'Cornelia Sorabji' the first lady advocate in India. It was also the first in the world under the Person clause. 

Cornelia Sorabji's photograph is  from this post of Lincoln's Inn Picture

Allahabad High Court celebrated post centenary silver jubilee celebration in 1991. This article traces history of the Allahabad High Court and ‘Person’ clause cases where women claimed equal rights with men and was written as a tribute to the Allahabad High Court on this occasion.

This post is part of the series 'IT LIES IN THE HEART'. For other posts in the series, please see at the end of the article, before the End Notes.

LAW & HISTORY

History is as important to Law as the Law itself.

Men often talk about women’s rights. It’s fashionable. So do I. In 'Pretty Ones' you will find history for equal rights for women in law courts.

One day, when I was talking about women rights, my wife innocently asked me, 

‘You merely talk. But do you believe in it? My father practised it. When he came back from Harvard Medical School in 1963; he left his 28 year old wife in Toronto to do her Post Doctoral studies. Will you ever do the same?’

My Parents - 1958

Not to be outdone I answered,

'My parents married in 1939 when my mother was 17 years and father was 20 years old.  They lived for a year in Lucknow,  where my father obtained his post graduate and law degree and my mother passed her Intermediate. In 1940, my father started practice at Banda and at the same time, he permitted his 18 year old wife, married a year ago, to live in a hostel, to obtain her undergraduate and then law degree from Benaras Hindu University (BHU).  At that time, there was no direct train to Benaras from Banda and one has to change twice—at Manikpur and Allahabad—to reach Benaras.

Their eldest child, my sister, was born after my mother finished her law degree in 1944. I understand that she was first lady law graduate from BHU.'

The result is that my wife has been abroad many times in connection with her studies and has taught for some years in US and Canada but I could go abroad only after I became a judge.
Aren’t they clever?

IT LIES IN THE HEART

(These articles were written before I was elevated as the High Court judge on 5th February 1999 and were also published. Since then they have been updated.)

The Emergency

।। Independent India's Darkest Period।। Supreme Court's Shame।। More Executive Minded Than The Executive।।

Case Study

।। Night Drama That Succeeded।। The Rosenberg Saga।।

 

 Law & History

Pretty Ones।।

Life sketches

।। Srinivasa Ramanujan - The Genius।। The Story of Darwin, Creationism, Evolution and Law Courts।। Isaac Asimov: King of Science Fiction ।। Rajju Bhaiya As I Knew Him।।

Draft Bills

।। The Uniform Marriage And Divorce Bill।। The Population Control Bill।।

GOODBYE ARVIND

I have spent finest moments of my life with my cousin Arvind. This post is his memories.

तुम्हारे बिना

अम्मा।। दद्दा (मेरे पिता) ।। नैनी सेन्ट्रल जेल और इमरजेन्सी की यादें।। RAJJU BHAIYA AS I KNEW HIM।। रक्षाबन्धन।। जीजी, शादी के पहले - बचपन की यादें - जीजी की बेटी श्वेता की आवाज में इस चिट्ठी का पॉडकास्ट ।। दिनेश कुमार सिंह उर्फ़ दद्दा - बावर्ची।। GOODBYE ARVIND।।

Better Bitch Than Mouse

This post is tribute to Ruth Bader Ginsburg and is review of the book 'Sisters In Law' by by Linda R. Hirshmandual.

Rekindling Judiciary

Judicial reforms are need of the hour. What should be done.

LegalTrek - Managing Court & Judiciary

।। Administrative Tribunals ... Some Reforms।। Sharpening The Axe।। Suggestions For Improving Collegium System।। National Court of Appeal – Not A Good Idea: Some Suggestions।। Naked In The Khan Market।। Rekindling Judiciary।।

Avoid Legalese - Adopt Plain English

This post is about the books for writing in plain, simple English.

Lord Denning - great advocate of plain English

LegalTek - Reminiscences/ Advice

।। Avoid Legalese - Adopt Plain English।। Know Your Judge।। Soar Rather than Sulk।। 

INFALLIBLE??

The post below is about the most famous legal aphorism about the courts. 

Justice Jackson as prosecutor at the Nuremberg trials - Picture courtesy Wikipedia

INDIAN APPS भारतीय ऐप्स

This is opportune time to encourage Indian Apps. Here are some suggestions. They were also suggestion given on ‘Interact With PM’ website. Hope, they will be considered.

यह समय भारतीय ऐप्स को प्रोत्साहित करने का उपयुक्त है। यहां कुछ सुझाव दिये गये हैं। इन्हें 'प्रधान मंत्री के साथ बात करें' वेबसाइट पर दिया गया है। आशा, इन पर ध्यान दिया जायगा।

HAVE GOOD IDEAS, SUGGEST – GOVERNMENT LISTENS

This post is an attempt to encourage people to give good and useful suggestions at 'Interact With PM'.
यह पोस्ट लोगों को, इस बात के लिये प्रोत्साहित करने के लिये लिखी गयी है वे 'पीएम के साथ बातचीत करें' में अच्छे और उपयोगी सुझाव दें। 

ALLAHABAD HIGH COURT LEADS THE WAY

Allahabad High Court has always supported open source software and has led judiciary in the field of computerisation, to be followed by the E-committee and other courts. 

Allahabad High Court has adopted an open source software for argument of cases by video conferencing in contrast to other courts that have adopted proprietary and closed source software.
This post explains why they should change and follow the Allahabad example.

इलाहाबाद उच्च न्यायालय कि वेसाइट

इलाहाबाद उच्च न्यायालय ने हमेशा ओपन सोर्स सॉफ्टवेयर का समर्थन किया है और कम्प्यूटरीकरण के क्षेत्र में न्यायपालिका का नेतृत्व किया है। जिसे बाद में, ई-समिति और अन्य न्यायलयों के द्वारा  अनुसरित किया गया। 

वीडियो कॉन्फ्रेंसिंग से बहस के लिए, जहां अन्य अदालतों ने, मालिकाना और क्लोस़ड सोर्स  सॉफ्टवेयर का चयन किया  है, वहीं इलाहाबाद उच्च न्यायालय ने एक ओपेन सोर्स सॉफ्टवेयर का चयन किया है। यह निर्णय अन्य अदालतों के निर्णय से बेहतर है। 
यह पोस्ट बताती है कि अन्य अदालतें को क्यों अपने निर्णय बदल कर,  इलाहाबाद उच्च न्यायालय के उदाहरण को अपनाना चाहिये। 

ISAAC ASIMOV: King of Science Fiction

Isaac Asimov - Courtesy Wikipedi 

Isaac Asimov (02.01.1920 – 06.04.1992) had popularised science more than any one else in the 20th century. This article was written as a tribute to him, on his death.

This post is part of the series 'IT LIES IN THE HEART'. For other posts in the series, please see at the end of the article.

LOUIS NIZER - LAWYER TO THE FAMOUS: लुई नाईज़र – जाने मानो के वकील

Here is first one Louis Nizer, America’s most famous trial lawyer during second half of the last century. 

इस पोस्ट में, चर्चा है लुई नाईज़र के बारे में जो पिछली सदी के उत्तरार्ध के दौरान, अमेरिका का सबसे प्रसिद्ध ट्रायल कोर्ट का वकील था। 

LegalTrek - Biography

Courtroom - Finest Legal Biography।। Leibowitz - The First Case।। Art of Cross Examination।। The Man on the Cigarette Packet।। Scottsboro Boys' Case - Facts।। Scottsboro Boys case - First Round Supreme Court।। Prejudice - the Womb Of Injustice।। Books - Best Cure For Mental Illness।। Clarence Darrow for the Defense।। Darrow - The Labour Lawyer।। American African Doctor And the White Neighbourhood।। The Monkey Trial।। Justice Holmes: A Yankee Strayed From Olympus।। Louis Nizer - Lawyer To The Famous।।

दिनेश कुमार सिंह उर्फ़ दद्दा - बावर्ची

यह पोस्ट,  मेरे ममेरे भाई, दिनेश कुमार सिंह की कुछ यादें हैं।

THE ROSENBERG SAGA

Ethel and Julius Rosenberg - picture courtesy Wikipedia

Ethel and Julius Rosenberg (the Rosenberg couple) were sentenced to death for leaking nuclear secrets to USSR during second world war.  

Louis Nizer (February 6, 1902 – November 10, 1994) was a leading trial lawyer of America.   He has written interesting books (My life in court, The Jury Returns, Reflections without mirrors, Catspaw etc.) about the cases conducted by him. He was not the advocate in the Rosenberg case but he researched about the same and wrote the book 'The Implosion Conspiracy'.  This article is about the case and the book.

This post is part of the series 'IT LIES IN THE HEART'. For other posts in the series, please see at the end of the article before the End Notes.
I didn't purchase this book. It was presented to me by dear friend, whose words were prophetic, see Appendix-1 after the article but before the End Notes.

SUPREME COURT'S SHAME

My parents in my father's office, after his release

This post is about ADM Jabalpur Vs Shivkant Sukla (the Habeas Corpus case).
It is second post of the series 'It Lies In The Heart'.
For the first one see here. 

Article 21 of the Constitution guarantees right to the life and liberty. During internal emergency (25.6.1975-21.3.77), the right to move to the court to enforce Article 21 was suspended under Article 359 of the Constitution on 27th June 1975.  Soon a question arose, whether the writ of Habeas Corpus was maintainable against illegal detention during suspension of Article 21.

ADM Jabalpur Vs Shiv Kant Shukla AIR 1976 SC 1207: (1976)2 SCC 521: 1976 UJ (SC) 610: 1976 CrLR (SC) 303: 1976 CrLJ 1945 (SC) (the Habeas Corpus case) was decided on 28th April, 1976 and dealt with this question.

The High Courts had held in favour of maintainability but the Supreme Court overruled the unanimous view of the High Courts. The Supreme Court held that because of suspension of article 21, the habeas corpus petitions were not maintainable and the prisoners as well as the détenus lost their locus standi to challenge their illegal detention.

Fortunately, the view taken by the Supreme Court has been superseded by the Constitutional  (44th Amendment) Act and now Article 20 and 21 cannot be suspended. In WP-C 494 of 2012 KS Puttaswamy Vs Union of India (the Puttaswamy case) {AIR 2017 SC 4161 = 2017 (10) SCC 1} the basic question referred to the nine judge bench was whether the right to privacy was constitutionally protected right and if the MP Sharma case (1954 SCR 1077 = AIR 1954 SC 300) and the Kharak Singh {1964 (1) SCR 332 = AIR 1963 SC 1295} were correctly decided. The court partly overruled these cases and held that the right to privacy is protected as part of Article 21 and the freedoms guaranteed by Part III of the Constitution.  While doing so, they also specifically overruled the Habeas Corpus case. However, the discussion about the Habeas Corpus case is not redundant: its good to know that the judges are also ordinary mortals  and how they react in difficult times.

This article was written 20 years after the Habeas-Corpus case was decided. It talks about the lawyers and judges connected with that case and what has happened to them. Since then, it has been updated.

It was a matter of speculation as to why Nani Palkhivala, the greatest lawyer of that time, did not appear in the Habeas Corpus case.  I consider myself privileged that we (Palkhivala and myself) were pen friends. We used to exchange letters on varied topics.  I had written a letter to him inquiring about his non-appearance in the case. I  did not publish his letter earlier for the reason that LM Singhvi chose not to publish it. This reason is mentioned in the succeeding paragraphs.

When I had just become a judge, LM Singhvi delivered a talk at the Allahabad museum. He was knowledgeable as well as good orator. I went there to listen to his talk.

After the talk, LM Singhvi came to know that I was also there. He came over to me and said that he was the chief editor of the book about 'Selected writings of Palkhivala' and had all letters written by Palkhivala to me; Palkhivala was keen that one of the letters written by him to me, about his non-appearance in the Habeas Corpus case should be published in the book but he was not including the letter for the strong language used in the letter. This was also the reason that I had not published the letter earlier.  But since then, a book has come into existence mentioning a different reason for non-appearance of Palkhivala in the case.

Soli Sorabji and Arvind P Datar have written/ edited a book titled 'Nani Palkhivala: A Courtroom Genius'.  In this book they have given a reason for non-appearance of Palkhivala in the Habeas Corpus case.  This is different than the one mentioned by Palkhivala.

At the end of this article (Appendix-I), I have annexed the reasons mentioned for non-appearance in the book 'Nani Palkhivala: A Courtroom Genius', my letter to Palkhivala, and his reply to me. The letter of Palkhivala is the scanned copy of the original. It is self explanatory.