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Wednesday, May 16, 2012

A lawyer watered his plants daily and he became Chief Justice of High Court

True, vegetable plants have life. But do we look at plants as if they are truly living persons?

A lawyer named B.K.Mehta used to practise as an advocate in Bhavnagar District Court.

He used believe that one can receive lots of blessings of Gods if one can keep some plants and water them daily.

This was his faith. However there is no scientific evidence that one become blessed if one worships and waters few plants daily. There are no experiments made to find out.

One day, he came from Bhavnagar to High Court in Ahmedabad and argued a case. The Judge noticed something in this lawyer. He was invited to become a Judge of Gujarat High Court. (Till today, he is the only advocate of a District Court who was invited by High Court for judgeship from a small District Court. All such selections are made from High Court advocates only, to the best of my knowledge)

Later, he became Chief Justice of Gujarat High Court. After his retirement he came to practise as Senior Advocate in Supreme Court. Here, I met him. He told me about his faith in plants.

He had continued practice of maintaining and watering few plants everyday till his last.

Haresh Raichura
16th May,2012

Sunday, May 13, 2012

Lesser Known Good Lawyers : A Lawyer who sleeps in Gaushala

All lawyers are not bad. There are also good lawyers about whom people know very little. One such lawyer is Prakash Pathak. He daily sleeps at night in Gaushala. He feeds cows. Washes cows and he serves cows.

He is a very busy and prominent advocate in Gujarat High Court at Ahmedabad. He is so busy that he can hardly talk with you for more than a couple of minutes. He is always surrounded by his clients and juniors. Several Junior advocates are working under him and his office is working till 10.00PM.

He maintains his own Gaushala. At 10.30pm he goes in Gaushala. Serves cows and also sleeps there. At 4.30AM he again serves cows. People from nearby area come for milk. During this period, he looks like an ordinary and simple villager. The researches  are going on. Several products and medicines are made from cow products. His staff assists him in looking after cows.

At 8.30AM he goes to his office and he again becomes a very busy lawyer. No one who will see him arguing in Court, will ever imagine that this lawyer is also a Gaupalak.

I have told you this story, so that you do not think that all lawyers are bad. Some of them are very good human beings. It is our fault that we know less about them.

Haresh Raichura
13th May,2012

Saturday, May 5, 2012

How A letter to a maid in Chennai resulted in release of 300 bonded labourers from Gujarat?

This happened many years ago when I was a practising lawyer in Gujarat High Court. A Tamil bonded labourer had managed to drop a letter to his mother in Chennai that he has been sold and kept as bonded labourer on a ship. Mother worked as a maid in house of a Police Inspector in Chennai. She gave letter to Police Inspector. The Police Inspector sent letter to a journalist in Ahmedabad. The Journalist showed letter to my steno. My steno showed letter to me. He asked me to file a PIL in High Court in his name.

Purpose of Telling you this story


From this story, you will be able to understand how PILs are filed, why Courts refuse to accept certain PILs, and how they go about in certain few PILs.

The Bench


The PIL was listed before the then Chief Justice P.R. Gokulkrishnan and Justice R.A.Mehta. The Court issued notice and kept matter next week for response of Government.

Next week, Advocate General appeared for Government and told the court that the man named by me in petition has resigned from his job and has already left for Chennai.

The top officials of Government were present. They told court that there are no bonded labourers on any ship.

Then there was nothing more left in PIL. The Court looked up at me and asked my response.

I said, "Apart from this man, two other bonded labourers have managed to escape from ship and I have kept them hidden in Court No. 2. And if Your Lordships want, I can produce them right now."

The Judges smiled. The case had started taking dramatic turn. The two labourers were produced.

Then I pointed out another difficulty to court,"These labourers do not know Gujarati, Hindi or English. They only know Madrasi Language."

Everyone in court including judges laughed. Because indirectly, I was suggesting that Chief Justice P.R. Gokulkrishnan should examine these men in Madrasi language in a court full of Gujarati people!

The judges discussed inter-se about propriety of doing this and then Chief Justice started speaking in Madrasi to labourer and then started dictating its English translation to court steno.

The whole courtroom was now overcrowded. Such a scene had never happened before.

The whole truth came out.

Next Day Morning

Next day morning when I opened the newspaper, headlines said that at that night, 9 ships were raided. 300 bonded labourers were freed and were sent to their homes.

My steno, in whose name petition was filed, is serving somewhere as a judge. So I have not mentioned his name.

I have also left Gujarat and shifted to practise in Supreme Court since about 25 years. The memories of the case have faded into past.

What you should bear in mind while filing a PIL

You may have a good case. The Court may issue notice also. But what will happen at next date?

The Biggest, richest and brightest lawyers will come from opposite side. They will have demolished all your facts and case. Will you be able to counter them at that stage? In fact, the pressures may have come upon you to withdraw PIL!

At this stage, the Court will find itself in "not a comfortable position".

That is why, before entertaining a PIL, the Courts look at credentials of petitioner and his lawyer.

Haresh Raichura

5th May,2012





Friday, May 4, 2012

Were British Judges better than our Supreme Court Judges?

This is based on actual case argued by me in Court No.6 in Supreme Court many years ago. Justice M.N. Vankatchalliah (as he was then) was presiding Judge. Justice P.B.Sawant was sitting with him. Justice M.N. Venkatchalliah said to me, "We will have to hear your client's case, otherwise your client will say that 'Britishers were better than us."


At that time, I was practising in Gujarat High Court at Ahmedabad. I had come for just one day to argue this case of a poor in Supreme Court. He had lost in all courts. High Court had dismissed his case two years ago. There was delay of 700 days. This man had shown his papers to at least 50 advocates in Ahmedabad. All had said that there was no point in his case.

I saw one point in his case. So my client and I, had came to argue this point in Supreme Court.

He was in possession of two rooms right in middle of City Civil Court Compound of Ahmedabad. He was there since time of Britishers. He was peon in court then. There was no proper allotment to him. He just lived there. Nobody troubled him for so many years. But now, a suit was dismissed. He was liable to be evicted any day. There was no evidence of his legal right to stay in these two rooms.

As the case called out, the Judge said, "All three courts have found against you. What is there in your case?"

I said, "Yes. I have lost in all three courts. But my client's heart is still burning and therefore we have come. My client just wants to show Your Lordship a photograph". I had a worn and torn photograph in my hand.

"How can we see a photograph in Supreme Court?" Judge said and looked around. Every one in Court Room was curious to know what photograph I wanted to show to judges.

"What is there in photograph?' Judge asked. I showed the photograph to Judges and explained, "In this photograph a British Officer is sitting on a horse. My client is standing before him. My client says that this is the British officer who allotted this premises to my client."

The Judge thought over what I was saying and then said, "We will have to hear your client's case, otherwise your client will say, 'Britishers were better than us".

Then the judges started probing in case. Case went on for two hours. From 2.00PM to 4.00PM. I was novice in Supreme Court. My voice was not cultured. At one point Justice P.B.Savant said,"Mr. Counsel, your voice is being heard up to Ahmedabad, please speak in low voice." At 4.00 PM, the Court asked Court Master to convey to Standing Counsel of Gujarat to remain present in Court next day at 10.30AM. The case was kept at 10.30AM next day. Then in presence of counsel of Government, certain relief was granted to my client. Further time to stay for one year in premises was given. Matter was dismissed but I think certain observation were made on basis of which my client made representation to Government.

After two months, I left Ahmedabad, and shifted to Delhi to practice in Supreme Court. I never saw the client again.


Haresh Raichura
4th May,2012