WHEN ADVOCATE GENERAL STOOD HIS GROUND

This post talks about, when SN Kackkar, the then Advocate General stood his ground during arguments in the Habeas Corpus case.

After my father was released, Bar had thrown a dinner in his honour. He is wearing Dhoti-Kurta. SN Kackkar is standing to his left - next to the ladies. 

THE HABEAS CORPUS CASE AT FIFTY:

The Emergency, the Court, and the Constitution

How I Got Involved with the Case।। The Issues Before the Court ।। Before The Battle Began: Change of Bench।। Prostitute Virgin - Retrospective Effects।। The Question That Broke the Silence।। When Advocate Stood His Ground

इस चिट्ठी को हिन्दी में पढ़ने के लिये, यहां चटका लगायें। 

At the start of the arguments, Attorney General framed two questions: 

• The first one: Article 21 was the sole repository of the right to personal liberty; right to move to the court for its enforcement was suspended completely; in view of this, the Habeas corpus was not maintainable. 
• The second one: In case the Habeas corpus was maintainable then what was its scope: according to them there was no scope as MISA was amended and no one was entitled to see the grounds of detention.

They are mentioned as framed by the Attorney General and are in greater detail in paragraph 223 of the judgement as reported in AIR.  

Attorney general also laid down the procedure: he would argue the first point followed by the Advocate Generals of the States then VP Raman, Additional Solicitor General would argue the second point followed by the Advocate Generals of the state. 

Niren De argued the first point followed by Advocate General for MP then SN Kackkar Advocate General of UP got up to argue. However, he did not limit his arguments to the first point but touched the second point as well. This was not liked by VP Raman. 

VP Raman made a mention that SN Kackkar may not argue the second point as the procedure set by the Attorney General. 

SN Kackkar very coolly, very softly but very firmly informed the Bench: 

"I am a foreigner to this court and not aware of its traditions, but High Court has decided against my client, and I am up against that order. I have to act in the best interest of my clients unless I am told not to do so." 

No court, no authority, no law, no narrative even by Attorney General can override the fundamental duty of an advocate, to represent his client to the best of his ability. Ray CJI appeared helpless, he pondered over for a second and then said. 

“Mr Advocate General, please proceed in the best interest of your client.” 

In the next post we will talk about when Beg J. went too far.

More information about this may be read in the book 'Are You A Normal Judge' by Yatindra Singh published by Law & Justice Publishing Co C-27, Connaught Place, New Delhi - 110001. The book is also available on Amazon and Flipkart on the following links.

• https://amzn.in/d/0fNRratR
• https://dl.flipkart.com/s/U_RBjKuuuN

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