Gopal swarup pathak biography of albert

My Reminiscences of the Allahabad High Court

Gopal Swarup Pathak, 1896-1982, was a Vehicle of the Allahabad High Court look after six months (1945-46), member of nobleness Indian delegation to the United Generosity (1946-59), Union Law Minister (1966-67), view Vice-President of India (1969-74).

Editor's note: That aricle is taken from the site of the Allahbad High Court.It remains a speech delivered on the incident of the celebration of the centennial of the Allahbad High Court boil Novermber 1966. The author was India's Union Law Minister at that over and over again.

I joined the [Allahabad] High Eyeball Bar in the year 1928. Unrestrained shall endeavour to give the conceive of of the High Court as Uncontrolled saw it in those days.

Tradition had it that in the world of the High Court there were always two outstanding personalities at nobleness Bar who generally appeared on antagonistic sides in important cases. They were of equal rank and dominated prestige scene as friendly rivals. Moti Lal Nehru and Sunder Lal were allied together. Later came Tej Bahadur Sapru and Satish Chandra. Dr. Sen took the place of Satish Chandra rear 1 his death. Pyarelal Banerii and Dr. Katju [Editor’s note: The reference hype to Dr. Kailash Nath Katju] followed. In 1928 and the years masses, there was a phalanx of seniors and the juniors had little run over of rising fast to reach magnanimity higher ranks. Apart from the defamation already mentioned, there were Uma Shanker Bajpai, Iqbal Ahmad and Sham Kishan Dar in addition to a sporadic others. They practically monopolised the chief briefs.

Sir Sunder Lal had passed liveliness before 1928. Moti Lal Nehru difficult given up regular practice. He, yet, appeared occasionally in celebrated cases. Forbidden appeared in the Bail Applications integrate the Meerut Conspiracy case. The Tedious room was packed to the jam-packed. A number of counsel appeared sign out behalf of the accused. Among them, Moti Lal Nehru was the rearmost to speak and his 45 minutes' address was most refreshing and built the greatest impression.

He was opposed tough Langford James, the leader of justness Calcutta Bar. In reply, Langford Apostle started with the sentences: "My Sovereign, had I not felt ..." Sharp-tasting intended to say that he would not have opposed the bail utilization had he not felt that in attendance was no substance in it. On the other hand before the sentence was complete Motilal Nehru interjected, "I want a decision from the Court. Is it trig place for expressing one's feelings poorer making submissions?" The ruling came free yourself of the Bench, which was presided cranium by Sir Grimwood Mears, "You gust right Pandit, this is a fit for making submissions." Langford James exact not expect this interruption and honourableness flow of his subsequent arguments was upset. I also watched Motilal Statesman arguing a company matter before Influential. Justice Ashworth. He was building recruit a case of fraud on honesty basis of circumstantial evidence. Small not succeed of evidence were skilfully pieced dossier and ultimately the full picture notice fraud was before the court.

Since those days, the system of working bracket the terms on which the seniors and juniors worked have completely varied. I believe that juniors in those days were more fortunate in procrastinate respect. The system of transferring panties by seniors, whose hands were filled with big cases, to juniors was very common. A promising junior was given a fair chance. If emperor work gave satisfaction, he was too much in demand. He would substance complimented on his arguments in have a stab both by his senior colleagues crucial sometimes by the Judges. Briefs unearth seniors came in quick succession near most seniors paid for the disused taken from the juniors. Some Book were particularly good to juniors. They even mentioned in the judgments significance names of the juniors who argued cases before them with words go together with commendation: 'Mr. 'X' argued the list with great skill and ability', 'Mr. 'Y' argued the case with marvelous enthusiasm' and so on. When these judgments were reported, the juniors affected attention and became known to authority mofussil lawyers and the litigant public.

At the time of admission of cases, a junior sometimes had a diminish chance than his senior. Mr. Ethicalness Niamatullah was one of those Book, who never allowed a junior, in the way that pitted against a senior in government court, to feel that the make public had an advantage over him. Go learned Judge used to say turn this way if a Judge were not hit concentrate on what is said on the other hand paid undue attention to who put into words it, he gave evidence of sovereign own incompetence. I was once dispute an admission case before him illustrious Mr. Justice Pollock. Mr. Justice Niamatullah was the junior judge. After get-together me for a few minutes, Exposed. Justice Pollock remarked: "I do battle-cry wish to hear you any repair. There is nothing in your case." Mr. Justice Niamatullah at once said: "Mr. Pathak, you go on. Comical shall hear you." There upon Uproarious was allowed to argue my folder fully.

Sir Shah Mohammad Sulaiman was exceptional talking Judge. Once Sir Tej was arguing a case before him forward was not free when wanted coach in the Chief Justice's Court before efficient Bench consisting of Sir Grimwood Mears, C. J. and Mr. Justice Cognizant. Sir Grimwood Mears asked Sir Physicist Alston, who happened to be current in his court, "Do you understand where Sir Tej is?" Out came the reply, "My Lord, he deterioration listening to Sir Shah Sulaiman occupy the adjoining Court-room." Comparisons are disreputable. But it must be said go off there was no senior more approachable, more generous and more solicitous put the welfare of juniors than Sir Tej.

Coming to more recent times. Scheduled was commonly said about Pyarelal Banerji that few, if any at numerous, had spoken such good English join the Allahabad High Court as type did. He was master of girl legal diction. When he was unfriendliness it was difficult to say perforce he was reading from a Line of Lords' decision or he was making his own argument.

Happily Dr. Katju is with us. I must concern to at least one incident misgivings him. When his case was dubbed on and Dr. Katju stood discharge to open it, the Chief Candour asked, "What is all this astonishment are reading in the newspapers be concerned about the Chamber of Princes?" Dr. Katju snapped, "I see, your Lordship commission reading newspapers these days." There was a ripple of laughter in boring and without any further delay righteousness case started.


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