law and life

“No Your Lordship”

Late Mr. U.N.R. Rao, a Senior Counsel was good at Court craft. He argued a batch of Writ Petitions for admission and injunction before the Hon’ble Mr. Justice V. Ramaswamy. The cases were against the proposed removal of advertisement hoardings. The learned Judge was not inclined to grant an
injunction. The Judge observed.

“Mr. Rao, these hoardings are huge and the
attention of motorists are often diverted by
the paintings and they commit accidents”.

Mr. Rao replied

“No your Lorship, the motorists attracted by these hoardings, slow down the vehicles so that they could read them and see fully and thus accidents are averted”.

Peels of Laughters followed. The Learned Judge admitted the writs and granted an interim in junction.

Hence, it all depends, how the ‘No’ is used.

“I am Sure”

The Hon’ble Mr. Justice M.M. Ismail was a tough Judge and very strict in admissions. Mr. U.N.R. Rao had to argue a writ admission before him. As usual the learned Judge was
heckling.

“What Mr. Rao did you see para 3 of the writ affidavit;

Have you noticed page 18 of your typed set; it is against you.

Please read page 43 para 4 of the same typed set; what do you say for that “It is a hopeless writ”. Mr. Rao did not loose his cool and was smiling broadly. An irritated Judge shouted “what is happening here”, why are you laughing”?

Mr. Rao very politely submitted.

“Now that your lordship has found out 3
weaknesses in my case, I’am sure your lordship would at least find out one good point to admit the case”.

Needless to say the learned Judge admitted and granted an interim order as well.

Backbone of the Bar

In 1980 one day we had to move a writ Appeal urgently and Mr. Rao sought permission for a lunch motion from the Division Bench consisting of the Hon’ble Mr. Justice V. Ramaswamy and the Hon’ble Mr. Justice V. Balasubramaniam as the Hon’ble Chief Justice (Mr. Justice M.M. Ismail) was not sitting.

The motion slip was given and I filed the Writ Appeal. When I went to the concerned section (Office) around noon there was a lot of tension and the head of the Appeal Examiners’ Section requested me to see the Registrar, which I did. The Registrar was very sad that a motion slip has been obtained and produced. He suggested that I make an endorsement on the motion slip that I may move the Writ Appeal later and there was no urgency. He called Mr. Rao over phone and explained that the Hon’ble Chief Justice while leaving Madras on official work has not delegated the power to hear writ appeals to any other division bench and the motion slip should not have been sought for and given. The Registrar felt that the matter was very serious and would have repercussions. We agreed and I made an endorsement. The matter did not rest there.

As ill luck would have it Mr. Rao had to be present before the same Division Bench for another matter after lunch. As he entered the court hall Mr. Justice V. Ramaswamy asked Mr. Rao as to what happened to the lunch motion and why bundle was not circulated during lunch. Mr. Rao could not answer and was fumbling. The very fumbling made learned Judges realize ‘there was something’ behind it. The Registrar was summoned, He came and promptly showed my endorsement. Mr. Rao signaled me not to open my mouth, which the Judges also watched. They turned to the Registrar and asked for the details. The Registrar said in the absence of allocation only Chief Justice could hear admission of writ appeals.

Mr. Justice V. Ramaswamy became angry and uttered
something. It was not audible. Mr. Justice V.Balasubramaniam was in extreme anger and asked

“Mr. Rao, you wanted the lunch motion and
explained the urgency and we gave the slip. Now it is an insult. If you had any difficulty in the office you should have brought the same to our notice. We would have issued suitable directions. Now you have asked your Junior to make an endorsement that there is no urgency. What has happened to the backbone of the BAR Mr. Rao”.

A question for which, on occasions, neither then nor now I hold, an answer.

“I will take instructions, my Lord”

Mr. G. Ramaswamy the ablest counsel I have come across so far was always thorough on facts and law. He had an excellent court craft. He used to crack jokes hoping it would make things easy. Undoubtedly sensible and enjoyable jokes. At a time when arrack and toddy shops were permitted in Tamil Nadu, he argued a case for admission before the Hon’ble
Mr. Justice S. Padmanabhan, for an arrack trader. He cracked a joke.

“My Lord, there may be ever so many communities in our State but they fall under two categories only”.

We, who were present in the court hall thought they were Bramins and Non Bramins. Perhaps the learned Judge also thought that way. he asked

“What are they Mr. Ramaswamy”.

“My Lord half of the population is Arakhars and the other half are Kallars”.

It was a nice pun of words indeed. He indicated that almost the entire population drinks. He was a known consumer of liquor.

The learned Judge hailing from Palakad was also witty. He said,

“that is OK, Mr. Ramaswamy I have been
wanting to know this for long. What is the
difference between the toddy and arrack”,

without wasting a second the reply came

“one minute my Lord, I will take instructions from my counsel on record”.

We all laughed loudly. The learned Judge continued to laugh for 10 minutes and said

“Mr. Ramaswamy I thought I had laid a trap for you and you have escaped. Hats off to your presence of mind”.

That was Mr. Ramaswamy.

“I am Attorney - General

Resignate”

Mr. G. Ramaswamy had to resign the office of Attorney General of India under certain circumstances. He was one of the ablest Attorney Generals of our Nation and the first person to become Attorney General from Tamil Nadu in the country after independence.

While his letter of resignation was pending with the Government of India for its acceptance he had to appear in a matter before the bench consistinig of the Hon’ble Chief Justice of India. The Chief Justice offered a solution and instructed the Attorney General to get the concurrence of the Government. Apparently Mr. Ramaswamy did not agree with that solution and wanted to say ‘No’. He cleverly said

“My Lord, you will appreciate I am Attorney-General resignate”.

The Hon’ble Chief Justice paid compliments to
Mr. Ramaswamy by saying

“We have come across the phrase Attorney-
General designate and for the first time.
Mr. G. Ramaswamy has coined a new english term Attorney General resignate”.

Of course, the orders were passed on merits to the satisfaction of Mr. G. Ramaswamy

Men at Work

Mr. G. Ramaswamy was very witty and humourous. In Kerala women take active part in business, public life and service. “All woman firms” viz., partnership firms having only women partners are very common. In short women take the initiative in all.

Once Mr. G. Ramaswamy and his friends were returning via Kerala to Chennai and around midnight the driver stopped the car in a village. The occupants did not know whether the village was in Kerala or Tamil Nadu. One of them asked “Are we still in Kerala” or reached our State.”

The witty Ramaswamy said “we are in Tamil Nadu”. How do you conclude that” another asked. Mr. Ramaswamy pointed to a small board kept at the road margin.

Men At Work

“Had it been Kerala it would have been women at work” he explained.

Vakil - Vaadham

Mr. G. Ramaswamy had a paralytic stroke and was in hospital. Mr. R. Krishnamoorthy, former Advocate General and his colleague Mr. R. Muthukumaraswamy (who later became Additional Advocate General) called on G. Ramaswamy in the hospital. G. Ramaswamy was not able to speak clearly.
Mr. R. Krishnamoorthy holding the hands of G. Ramaswamy said “I am sorry G.R., you will get well soon”.

Pat came the reply. Thank you R.K., “Vakilukku thana Vaadham Varum.”

What a pun and at what a time?

Like my UNO

I had to argue a case before a learned Judge. The learned Judge was completely against me. Slowly I turned the Judge and ensured that the Government (my clients) did not lose eventhough the other side won. A certain method adopted by me helped me to do that. As I was coming out of the court hall one young beautiful lady advocate stopped me and said”I always like your arguments. You are like my “UNO”. It was clear that UNO was a great “Hero” or at least I though so. I wanted to know what was ‘UNO’. She said “It is my pet dog. Like you, when it bites a person it always ensures the maximum flesh remains in its mouth, when it leaves him.”

So saying she looked into my eyes and smiled. Did I smile? I do not think I ever smiled at her thereafter.

Let him ‘Go’

There is a general perception that the Law Officers
representing the Government like public Prosecutor and Government Pleader are not too willing to tell the learned Judges ‘they are wrong’ even when they deliberately or otherwise choose a wrong direction. It is not always right. There are bold and brave law officers. Mr. K. Doraiswamy, a Senior Advocate is one such. While he was the Public Prosecutor he had to oppose the bail application of a head of a mutt in a murder case.

During the hearing, a former Acting Chief Justice was sitting in the clients’ enclosure. In fact he was running another ashramam of a saint in a nearby district, after retirement. No one had any doubt about the purpose of his presence. The least, to demonstrate his solidarity with the accused seeking bail. It was highly embarrassing for all. Perhaps never in the past a retired Acting Chief Justice of Madras High Court was present during the hearing of a bail application thereby demonstrating his support and sympathy for an accused in a murder case. Mr. K. Doraiswamy the Public Prosecutor got up and informed the Judge hearing the case, that he would not argue the case till the former Acting Chief Justice leaves the court hall as his presence would bring psychological pressure on all concerned. At this the learned hearing Judge became speechless and perhaps helpless as well. The Public Prosecutor maintained his stand and grew very tall in the estimation of all eventhough he is short by normal Indian Standards of height.

“The Witness is speaking the Truth”

Late Mr. S. Govind Swaminathan, a former Advocate General was a Unique Barister in many respects. Bold, brave, forth right and honest in dealings have carved out a special place for him in the Bar. He never minced words.

While he was a queens’ prosecutor in a murder trail, the police brought an arranged ‘eye witness’. He enterd the box tendered evidence against the prosecution. The prosecutor was found smiling. The irritated Judge asked “Mr. Prosecutor what is happening here?”

As the Judge completed the question the reply came “The witness is speaking the truth” Everybody enjoyed it. That was Mr. Swaminathan.

“Are you Acting Now”

A popular actress who had a melodious voice was living with a popular film producer. Such living arrangements based on convenience is common in this part of the country and particularly in cine field. Once I met a Senior Officer who had such an arrangement with his lady Private Secretary and introduced
her to me saying she was his ‘Executive wife’, of course with a laughter.

Another lady had married one and also accommodating another. I happened to see her often with one or the other. She told me jocularly one is ‘moolavar’ and the other is ‘utchavar’. That is that.

The said actress filed a suit seeking a share in the Estate of the Film Producer on his death and cited her passport and certain other similar records to prove she was the wife, as projected by the deceased himself. The son born through the married wife opposed the claim by engaging Mr. Swaminathan. She entered the witness box, gave evidence and Mr. Govind Swaminathan cross-examined her. When a material inconvenient question was put to her she started crying as if she were offended. It was evident she was
gaining time to think overbefore giving a reply.
Mr. Swaminathan “Madam, are you even now acting”. “Yes, very much” was her reply.

Mr. Swaminathan,

“Good. I thought as much”

The learned Judge who seldom (as you all know it is an euphemistic expression) smiled, now laughed.

“Nonsense, it is all Spiritual Brother Hood”

Late Mr. G. Subramanyam, a Senior Advocate and younger brother of Mr. G. Ramaswamy had a lucrative practice. He was a member of a club about which there were complaints of supplying liquor illegally.

Once I told him ‘Sir, there are a lot of complaints about that club. Should you continue as a member. He replied “that is all non-sense. They do not appreciate the spiritual brotherhood we practice there.”

What an answer.