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.

Law and Life. II

“Intelligent or What?”

A Contempt Application was posted before a Hon’ble Judge. The learned Judge was highly disciplined and quite religious. But he used to get upset on noticing anything which is unjust.

The contempt alleged was against the Directors of one all India Public Sector undertaking. The said respondents were represented by the late Thiru. K.T. Palpandian who is known for his integrity and boldness. The learned Judge went through the counter filed by the respondents/Directors, turned to
Mr. Palpandian and asked.

“Mr. Palpandian, what is this, do your clients
think they are very intelligent or what.”

“My Lord they do not think so. But in case your Lordship thinks they are very intelligent after going through their counter; your Lordship should be right.”

The case was posted before some other Judge and
dismissed later.

“As your Lordship Pleases”

There are a few expressions and phrases often used and heard in court halls. In one sense they carry a lot of meaning and in yet another way they mean nothing.

“Your Lordship knows” is one such. It is a gentle
intimation to the learned Judge that ‘you do not seem to know the legal position’ or ‘what you say is not correct’.

In fact the Hon’ble Mr. Justice S. Mohan on hearing this ‘your Lordships knows’ used to reply immediately “I know nothing, you tell me.”

Another such expression is “As your Lordship pleases”. Late Mr. S. Chellaswamy had a loud voice. Once before a High Court Judge when the case was adjourned for some reason Mr. Chellaswamy wanted a certain date after going through his engagement diary

Mr. Chellaswamy

“My Lord, please have it on 31st August.”

The Judge,

“Have it on 28th August.”

The Judge again,

“No, it is not possible; have it on 28th.”

Mr. Chellaswamy,

“No my Lord please have on 31st.” The above request by the counsel and above reply from the Judge was repeated at least four times. At last the Judge became tired of this meaningless repetition and was unhappy and said “OK, have it on 31st August.”

“As your Lordship pleases” came from Mr. Chellaswamy in his thunderous voice.

All in the court hall laughed. After all who was pleased? Certainly not the Judge.

“As he Pleases my Lord”

Once late Mr. U.N.R. Rao wanted a certain date for a case before the Hon’ble Mr. Justice V. Ramaswamy and the learned Judge was silent and hesitant. The learned Judge had an
excellent Court Officer. He knew that the Judge would be going on leave for some personal work and understood why the learned Jude was silent about that date. He quietly collected the case bundle from the dias and declared that the case is adjourned to a certain other date (on which date the Judge would rejoin after leave).

Mr. Rao followed the whole thing, laughed and said loudly “As he pleases my Lord.”

The learned Judge could not control his laughters.

“Ganapathi Agraharam attorney is also...”

Late Mr. G. Ramaswamy was very shrewed and knew how to get his things done. He never bothered too much as to what others would think about him.

One day Mr. S. Chellaswamy, a Barrister had arranged one of his matters to be argued by a popular American Attorney. The American and Mr. Chellaswamy were waiting before the then First Bench headed by Chief Justice M.N. Chandurkar for their turn. After some time the American became restless as he was not used to waiting for cases and starred at  Mr. Chellaswamy.

Mr. Chellaswamy attempted to mention for immediate hearing. He got up and said “my lord, the American Attorney is waiting......” Before he could continue or complete the sentence and request, another louder voice was heard from the rear,
 “My Lord this Ganapathi Agraharam attorney is also waiting.” This was from Mr. G. Ramaswamy. His native village is Ganapathi Agraharam.

Chief Justice M.N. Chandurkar smiled at both and said that the cases would be taken up in the same order in which they were shown in the list.

When did he become a reader

During the Prime Ministership of late Morarji Desai he introduced total prohibition in the Union territory of Pondicherry. It was a bolt from the blue to all living there.

Hundreds of writ petitions were filed questioning the policy of prohbition in Pondicherry and they came up before the Hon’ble Mr. Justice S. Mohan. It was argued in a fully packed court hall by great lawyers like Mr. V.P. Raman, Mr. G. Ramaswamy and so on. Mr. C. Krishnan (now a Senior Advocate) was the
Government Pleader and Public Prosecutor for Pondicherry Union Territory. He was also a part time lecturer in the law college. Normally he would avoid arguing before Mr. Justice S. Mohan. The Judge also used to post his cases before some other court. Mr. C. Krishnan had engaged Mr. V.K. Thiruvengadachari one of the doyens of the Bar to argue the case on behalf of Pondicherry Union Territory. But unfortunately when the matter was taken up,
Mr. V.K. Thiruvengadachari had gone to Vellore C.M.C. Hospital for some check up and could not be present.

In a crowded court hall several leading counsel for writ
petitioners had argued for nearly 3 hours. The counter filed by Pondicherry administration was repeatedly read and attacked as baseless. After they concluded their arguments Mr. C. Krishnan was called up on to present his.

Mr. C. Krishnan was in a genuine quandary.
Mr. V.K. Thiruvengadachari had prepared the case in a certain manner and Mr. C. Krishnan could not argue on those lines. He was not sure whether the case would be over that day or would continue for the next day. In any case next day Mr. V.K. Thiruvengadachari would be here. He did not want to argue the merits so that Mr. V.K. Thiruvengadachari could proceed tomorrow in his own style. But he could not refuse to argue.
The law Secretary of Pondicherry Union
Mr. Chandrasekara Menon was also present in court hall. So, in this context he thought, he could read the counter of Pondicherry for some time. He hoped, either the Judge may adjourn it to next day or he himself may request it to be heard next day after a while. Hence, he started to read his counter which atleast was read aloud for 10 times by the petitioners’ counsel.

All present in the court, counsel, parties and the judge became restless. The court hall was sweating because of the crowd and there was no air conditioning those days. No one knew how to stop the reading. Mr. G. Ramaswamy got up and drew the attention of
the Judge, by saying “My Lord”, and the Judge turned to him asked ‘yes’ “My Lord I know my friend
(Mr. C. Krishnan) is a ‘Lecturer’. Suddenly he has become a ‘Reader.’”

Thus it came to an end and the Judge also adjourned the matter to the next day. Mr. C. Krishnan also succeeded in his endeavour to get a postponement.

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.