ONCE A LAWYER, YOU ARE ADDICTED

This is the third and the last post of the series 'Working of Our Constitution: Some Experiences'. It talks about my first brush with the Constitution and how I got addicted to the legal profession.

My father VKS Chaudhary was detained during internal emergency. He was released from jail on 21st March 1977, when Mrs. Gandhi lost her election. He was brought home in a procession that went throughout Allahabad city. This is one of the pictures of that procession.

WORKING OF OUR CONSTITUTION: 

SOME EXPERIENCES

।। Two Classic Books on Our Constitution।। The Kalyan Singh Case।। Once a Lawyer, You Are Addicted।। 

I passed out law in 1973; practised for two years in the district courts then shifted to Allahabad in the last week of 1975 June. It was the time, when Mrs. Gandhi imposed internal emergency. Immediately, thereafter my father VKS Chaudhary was arrested under Defence of India Rules (DIR). He was granted bail but before he could come out, he was detained under Maintenance of Internal Security Act (MISA). 

We filed a habeas corpus petition for my father’s release against his preventive detention. The State raised preliminary objection that - in view of the suspension of the right to move court for the enforcement of Articles 14, 19, 21, and 22 - the habeas corpus was not maintainable. This question was referred to a larger bench and was decided in our favour by majority of four is to one. 

Justice Asthana wrote his judgement in Hindi. He wanted the common man to have faith in judiciary and they should not lose hope. His judgement was full of rhetoric and reminded of Lord Atkin’s dissent in Liversidge Vs Anderson 1941 (2) All ER 330. One part of the judgement was special. In substance, it said that:

If the submission of the Advocate General is accepted, then Hitler’s Ghost would raid and play hide and seek with people’s life and liberty.

The line हिटलर का भूत आंख मिचौनी खेलेगा became the talking point during emergency. 

Apart from the Allahabad High Court, eight other High Courts (Total nine) held that habeas corpus was maintainable. The State filed appeals against these orders. These appeals were heard together, and we lost the case by four is tone in ADM, Jabalpur Vs. Shiva Kant Shukla (AIR 1976 SC 1207= 1976 (2) SCC 521) (the Habeas-Corpus case). 

The four judges of the majority were more brilliant than HR Khanna J. the judge in minority. But no one remembers them; they failed the nation; the failed the Constitution; they disappointed the people of India at the crucial time: they are not to be emulated but are rather to be shunned.  

Khanna J. withstood the pressure. He didn’t bother about his future judgeship but gave judgement in favour of Constitution, favour of liberty, favour of people.

No wonder the New York Times reportedly remarked, 

“Surely a statue would be erected to him in an Indian city.”

A tribute never paid to a judge by any newspaper before him nor since then. Many of you aspire to become judges, be a judge like Justice Khanna.

Fortunately, most of the ill-conceived amendments in the Constitution during emergency, were undone by the Janta party by the 44th Constitutional amendment. Now, it specifically provides that the right to move to the court for enforcement of Articles 20 and 21 cannot be suspended under Article 359. 

It was a difficult time for us as well as for the nation. No one would meet or talk to us for the fear that they might be arrested. It was dark and gloomy; we had little hope. But it turned out to be a blessing for me.

Thousands of others - teachers, doctors and other respectable persons were detained in jail. They were neither given their salaries nor their subsistence allowance. All of them were entitled to 'A' class in jail, but were not so given. They neither had money nor means to come to the court for proper relief. I understood their plight better than anyone else: I was in the same boat. I started conducting their cases pro bono.

After the disappointing judgement of the Supreme Court in the Habeas Corpus case, the High Court could not release a detenu, but it did not deter the High Court in granting reliefs to them for their salaries, subsistence allowance or better facilities in jail. The judges granted relief liberally: they knew the excesses being committed at that time. Had the Judges not done so, the families would have starved. 

The fact that I was doing the cases pro bona and was getting favourable orders prompted other detenu to engage me. I did thousands of such cases. This not only gave me recognition in the court but confidence as well. But the most important thing was the satisfaction that I could help those, who needed help in that difficult time. It turned out to be a big lesson for me. I understood the purpose of life. The emergency was the worst for the nation and best for me. It also taught me that money is not everything. I truly understood Kabir’s couplet

"गोधन, गजधन, बाजिधन और रतन धन खान। 

जब आवे संतोष धन सब धन धूरि समान।। 

I left my lawyer's hat and accepted Judge's hat in 1999 but after my retirement in 2014 taught a semester in the Allahabad University on Information Technology Law and then again took over lawyer's hat. It is more fun, more intoxicating, more exciting and as Horace Rumpole says (Rumpole of the Baily Story - Rumpole and the Married Lady Pg-122),

“Once you are a lawyer, you are addicted.”

All the best to those, who are choosing law as their profession.   

#IndianConstitutionExperience #InternalEmergency #LegalProfession