Law and Life. III

First, Read the charging section

Late Mr. N.T. Vanamamalai, Senior Advocate was a gem. Simple, suave and had the heart and brain at the appropriate altitude. He was very affectionate towards me. He who advised me to go and observe how a Judge analyses a case before arguing any case before that Judge.

I had engaged him in a unique criminal case. Unique because it was the first video recorded graft case by CBI in the whole of the country. When I instructed him, he took the charging section and read it atleast thrice, aloud. It looked some - what strange that a giant of the criminal Bar was reading the section concerned like a beginner. He understood what was
passing in my mind and said “Mr. Tamizhmani, I follow what you think, please take it from me now. Whenever you accept a brief, after listening to the facts, make it a point to read the charging section/section alleged to have been violated bearing in mind the facts of that case. Atleast in 40% of the cases you will realize the section does not cover your case for one reason or the other.” One of the best advices I have ever received. I still follow that and I am ever indebted to him. No wonder that atleast 8 of his Juniors were eleveated as High Court Judges.

The Knack and art of Arguing

Once I had to argue a case for admission before the late justice S. Suryamoorthi, Mr. Justice
S. Suryamoorthi was very much attached to me.
Mr. N.T. Vanamamalai was also present in the court for some other criminal matter. He asked me the facts of my case and I told him that I would get the admission and stay (in a CRP) in no time and also told him the best legal point in my client’s favour.

Mr. N.T. Vanamamalai laughed (at me?). He advised “Do not spoil your client’s case. Never tell the best point in your favour to any judge. Just indicate that in a casual manner when you argue. The Judge would definitely appreciate and grant an order. In other words please ensure that the credit for finding out the best point goes to the judge”

I noded my head.

In a few minutes my case was called. While I presented the case, I followed his advice. Mr. Justice Suryamoorthi in his own characteristic thunderous voice said “What Mr. Tamizhmani, I thought you are intelligent but you have failed to highlight the best point in your client’s favour. Nowadays youngsters are not willing to work. They want only the court to find out a point to admit the cases. I was about to dismiss the case; Fortunately this point struck (?) me. You must be careful. You must assist the court; You seem to expect the court to assist you. You must be alert.” The CRP was admitted with a stay.

I smiled at Mr. N.T. Vanamamalai who looked down to continue to smile.

I am grateful to Mr. N.T. Vanamamalai.

The Art of Collecting Fee

Mr. S. Chellaswamy used to dress smartly and walk erect always. Anyone watching him walking would be reminded of the gallop of a horse. He was living in a palace like mansion alone. He had all best things, best car, best attire, best food, best
furniture and so on. His cook was one of the best.

Mr. V. Selvaraj, my guru and senior is from Kanyakumari District. He used to engage Mr. Chellaswamy as Senior. Once an old teacher came to engage Mr. Selvaraj. It was a service matter and a second round of litigation. By that time, the client/teacher was reasonably thorough with the procedures in the High Court. Because of the second round expenditure, the client was not willing to pay a good fee. Again, Mr. Selvaraj thought, losing the case would be suicidal as the client (teacher) was a mobile public address system. He would publicize this failure in the entier district and credit it to Mr. Selvaraj. Hence, he decided to engage Mr. Chellaswamy. The client was clear. “You argue or your senior argues; I shall pay only Rs. 3,000/-” 25 years back it was not a bad fee.

Mr. V. Selvaraj went to the bungalow of Mr. Chellaswamy with the teacher client. The Goorka on seeing Mr. Selvaraj saluted smartly and opened the gate. Our teacher could not believe that an advocate  could afford a Goorka.

As they entered the hall they were seated in king-size sofas which the teacher had seen only in cinemas he had occasionally watched. When Mr. Chellaswamy came Mr. Selvaraj started narrating the case. Mr. Chellaswamy interrupted.

“Mr. Selvaraj, you have come at Tiffin time, come on, let us have some tiffin.”

They were all served ravadosas in silver plates on a rosewood dining table, with three or four chutneys and sambar. It was very tasty. Then came a very fine coffee in silverware. All these turned the teacher in to a kind of trance.

After the tiffin again back to the sofa
Mr. Chellaswamy listened to the case and said in his manly voice.

“Now I understand why you have come to me. It is a tough case. I can only do this; only I can do this case. But sorry Selvaraj I can not do this. You know I am very busy; very busy.”

Mr. Selvaraj pleaded with him and
Mr. Chellaswamy continued “that is all ok. This young man (client who was to retire in four months) has come all the way from Kanyakumari. I do not want to say no. But can he afford to pay my fees, Rs. 50,000/-.”

Mr. Selvaraj thought that was the end of it; client having already said he would pay only Rs. 3,000/- he was sure that he can’t / would not pay anything beyond Rs. 5,000/-. While he got up to bid good bye a feeble voice came from his side, the client “atleast
Rs. 25,000- Sir.”

Mr. V. Selvaraj could not believe this. Nor could I believe even today the cost of a tasty ravadosa served in silver plates, king size sofa and Goorka’s smart salute could pursuade (drive) the poor teacher to offer to pay Rs. 25,000/-. But that happened. That is the art of collecting fee.

“My Lord”

When a question arose whether the Hon’ble Judges should be addressed My Lord. One person was clear and said “I would rather prefer to address them My Lords in the Court than addressing ‘Sir’ in the Court and ‘My Lords’ in the Chamber.”

That was late Mr. S. Govind Swaminathan. He was so frank and honest and he can not be otherwise.

“Translate Cyclostyling”

When the Tamizh University prepared a dictionary a reputed Tamizh Scholar ki.Ah.Pe. Viswanathan filed a Writ Petition questioning the same on the ground it included several English words. This Octogenarian scholar had no other motive except his pure love and regard for Tamizh.

The Writ was posted for admission before the Hon’ble Mr. Justice S. Mohan. The petitioner came to Court and standing through out close to his counsel Mr. Haje. P.K. Jammal Mohammed. Perhaps he thought that was one courtesy he owed to Court, the Temple of Justice.

When the matter was heard the Judge was against the Writ. At once stage (Apparently the Judge knew the petitioner), the Judge asked the Petitioner to translate the expression ‘cyclostyling’ into Tamizh. Poor petitioner took a little time to think over. The learned Judge gave him some more time. The scholar could only repeat that there is a definite translation and it was available at his house. After sometime the Judge declared “See, such a Tamizh scholar like you could not translate the simple word we now-a-days use almost every day, and it establishes the inclusion of English words in the Tamizh dictionary under preparation, is a necessity.”

The Judge Dismissed the Writ Petition

While I whole heartedly agree with the dismissal, I am not too sure, whether this right decision should have been rested on a wrong reason viz the lack of memory of an octogerian Tamizh scholar. I have no doubt the scholar believed strongly that failure of his memory only could not SAVE TAMIZH.

Too soft and Courteous

Mr. R. Krishnamoorthy, a Senior Advocate and Advocate General for a long term is a Gentleman and courtesy incarnation. When the President’s Rule was introduced in the state he resigned the post of Advocate Generalship. The then Governor Mr. P.C. Alexander declined to accept it and asked him to
continue till a new Government is elected. Mr. P.C. Alexander has recorded it in his biography by name ‘through the corridors of Power.’ I am happy the Governor has atleast come across one person who is not after power and position.

I have been requesting him to write down and record his experiences as a Lawyer over 55 years. Every time he finds a novel excuse to postpone.

He makes it a point to attend all the functions (be it good or bad) in the families of Advocates under all circumstances. I have a grievance against him viz., he is too soft for the present world.

He has trained a number of Advocates over 50 years. Mr. R. Muthukumaraswamy his colleague, now a Senior Advocate became a Government Pleader and Additional Advocate General and upholds the high traditions his senior practises.