Doing justice to a great moment

The construction of the present building of the High Court commenced on April 1, 1871, and was completed some seven years later in November 1878 at a cost of Rs 16,44,528 which was about Rs 3,000 less than the sanctioned estimate. Incredible but true.

From the outset the judiciary in Bombay exhibited sturdy independence against attempts by the executive on encroachments of its authority and judicial functioning. It is heartening to recollect the courage of Sir Edward West, the first chief justice, resisting interference with judicial administration by Sir John Malcolm, the then governor of Bombay, who had issued orders that a writ of the court should be not executed and had the temerity to communicate these orders to the court. The judges had the government communication read out in open court and declared in the presence of the Bar and the public: “The Court would not allow any individual, be his rank ever so distinguished or his powers ever so predominant, to address it in any other way respecting its judicial and public functions, than as the humblest suitor, who applies for its protection. Within these walls, we know no equal and no superior, but God and the King.” Thereafter one of the two judges died. Undeterred Sir John Peter Grant, the only judge left, issued a fresh writ, which was likewise not obeyed. He took the unusual but bold step of closing the court for few months. A rare instance of strike by judges.

As I gaze at this majestic and awe inspiring edifice of justice, a galaxy of brilliant judges who adorned the Bench comes to mind. Sir Lawrence Jenkins, one of the most outstanding chief justices, gave great encouragement to Indian members of the Bar and is regarded as the maker of the Indian Bar on the original side of High Court. Then there is Sir Narayan Chandavarkar, well known for his erudition and industry, which earned him the nickname of “Wonder-worker”. And of course Sir John Beaumont, whose judgments are a model of lucidity, precision and brevity.

The historic trial of Tilak took place within the portals of the High Court. Its precincts have witnessed fine forensic performances by the stalwarts of the Bar. Inverarity, who had a prodigious memory and would cross-examine a witness whilst he was writing an opinion in court. The lovable and legendary Sir Jamshedji Kanga, a walking encyclopaedia of laws, the imperious and stylish Jinnah who could effortlessly demolish a witness in cross-examination and the brilliant Bhulabhai Desai, who argued intricate cases without any notes. On the Appellate side there were great advocates like Ganpat Sadashivrao Rao, Mahadev Bhaskar Chaubal, H.C. Coyajee, Lallubhai Shah and A.G. Desai. Going down memory lane I have vivid recollection of M.C. Chagla, free India’s first chief justice, an embodiment of justice; Justice Gagendragadkar, a veritable fountain of erudition, and Justice Tendolkar, who had a razor sharp intellect. In the post-Chagla era, three judges stand out. Justice K.T. Desai, for his subtle intellect and the art of bringing about amicable settlement between warring litigants. Justice V.M. Tarkunde, for his originality of thinking and for creatively advancing the frontiers of law. And Justice V.D. Tulzapurkar, small in stature with a resounding voice, who displayed admirable courage and independence during the spurious 1975 Emergency.

The most remarkable contribution of the High Court was during the 1975 emergency. It courageously struck down arbitrary orders of the censoring authorities. In thundering tones it quashed the refusal of permission by the commissioner of police to hold a private meeting restricted to lawyers and judges to discuss civil liberties and the Rule of Law. That period was indeed the High Court’s finest hour.

It is a matter of pride that the Bombay High Court has contributed so much to India’s legal and constitutional history, has given to the country eminent statesmen and jurists, has dispensed justice without fear or favour to all and sundry, and has been a steadfast protector of the human rights of the downtrodden and the under privileged.

There is no doubt that this great High Court will continue to be the protector of all who knock at its doors.

The writer is the attorney general for India