:The last case in the High court:


Continuing Personal Development

:The last case in the High court:

Between 1969 and 1977 I practised Law on obtaining a Law    degree. Many Legal Aid cases I worked on in DARBHANGA district court. Later   as Junior State Counsel at PATNA HIGH COURT.

The last case in the High court that I argued is worth mentioning. I was pleading for a Madhubani Appellant: at Patna High Court,

Justice Tiwari didn’t listen to any argument. He was always going by the rule and not prepared for using his discretion for looking at the human. After an hour’s argument while the clients were very satisfied I found the whole situation funny. I remembered Julius Stone’s writings where he gave an interesting example. My submission was:

I present a situation which will give you insight. Your Lordship is invited with the lady to a beauty competition at a local club where you are a member. Both of you go while the lady joins other women to compete with each other, your lordship is the Judge of the event. On the agreed criteria certain Miss X is selected the beauty queen of the evening. Would your lordship return home with your lady or Miss X–beauty queen selected?

“If your Lordship will not apply your mind to the human, social or other realities in the application of the rule then where is the need for Judges in the courts? Is there any need for a human being as a judge when any computer could just follow the program rule and pronounce the judgment?”

I was really disillusioned by the legal system. It was costly lengthy and biased in favour of the rich. Research published in Sage Journals has shown the majority of the appointments in the courts are based on castes. Half of the Judges in Delhi during Nehru’s time were of Brahmins.

 I began to reinvent myself. There were no opportunities for me.

   How the public office of Advocate General ship was won by my senior Mr. Balbhadra Prasad Singh happened before me. My senior lawyer organised or a party at his residence ad invited Mr. Devkant Barua then Governor of Bihar. Imported cigars and drinks along with the best food cooked by the finest chef in the country were served. Thereafter a few days, my senior was given this post. The same Mr. Barua when was appointed the congress chief during emergency in 1975, my senior shifted his law practice to Delhi. Unfortunately Mr. Barua being Mrs. Gandhi’s favourite began to be surrounded by innumerable courtiers and did not pay that kind of attention. I did meet him at a party where Mr. Menon was also present over fine food we happened to chat. Once I asked Menon to write his memoirs. The answer was he had forgotten most of his past. He needs many assistants to research and record background stuff.

Famous Prabhu Dayal Vidyarthi once a close associate of Mahatma Gandhi who had written many memoirs of Gandhi life at Vardha and Sewagram visited us in Patna. Ramlochanji   dad had also made him a writer and had published his books. He kept his associations with us. Having learnt in 1971 that father was on deathbed in Laheriasarai come to pay his respects.

Mr. Vidyarthi encouraged me. He told me that Bihar couldn’t be a desert. He introduced me to Sri K.D.Malviya the Petroleum Minister in the Central Cabinet. They encouraged me to work for Change. Mr. Vidyarthi encouraged me. He told me that Bihar couldn’t be a desert. It had produced great men like Ashok, Buddha and Aryabhatt. Seeds are within its people. That Mr. K. D. Malviya cabinet minister at Delhi is the leader to cultivate. I did visit Keshav Deo Malviya during Mrs. Gandhi’s regime.

Mr. Malviya enquired my motivation for political and media. : To create change. He was sympathetic. K. D. Malviya being pioneer of oil exploration in India was an inspiring person unfortunately he died early. I happened to meet Mrs. Gandhi and Sanjay Gandhi in Delhi with a delegation of journalists once and with legal aid lawyers second time. Mrs. Gandhi looked human fragile and attractive. Sanjay Gandhi in white Kurta and pyzama met us in a room where the finest Sanskrit books like Vedas and Upanishads were on display. These meetings perhaps made us feel calmer with a feel that one was not outside the system. They did talk to Mr. Mishra the then chief minister of and Sitaram Kesri, Bihar congress chief to nurture us in Bihar politics. Perhaps because I associated with both the state politician neither backed me. It is likely that the mistake of trying to be close with both should not have been committed. A politician here should be close to only one. Both did not back. Because was not a one man’s disciple. As earlier was only cultivating Mr. Jha had not been successful, this time strategy to cultivate both Congress state- chief and the chief minister did not work.

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2 responses

  1. The last case in the High court:
    Famous Prabhu Dayal Vidyarthi once a close associate of Mahatma Gandhi who had written many memoirs of Gandhi life at Vardha and Sewagram
    Late Prabhu Dayal vidyarthi was my dad…
    It would be very nice to know the writer.
    thanks!

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