Rare lawyer, rare man

CK was firmly committed to an independent judiciary. Once, way back in 1965,when he was appearing for the State of Bombay in the Supreme Court, theChief Justice at that time was Justice Gajendragadkar. The case concernedthe constitutional validity of a particular statute, which peggedcompensation for land whensoever acquired at the market value prevalent inJanuary 1948.

When the case reached hearing before a Constitution Bench n objection wasraised on behalf of the interveners in court by the intrepid PurshottamTricumdas a brave stalwart whom we must always remember that the ChiefJustice, who was a member of the bench, should not hear the matter as hehad a pecuniary or proprietary interest in the outcome of the litigationhe was a member of another co-operative housing society for which the landhad been acquired in 1962 under the same statute, the constitutionalvalidity of which, if upheld, would result in personal benefit to the ChiefJustice. Daphtary, exhibiting what Napoleon used to describe asfour-o-clock-in-the-morning-courage, intervened. As solicitor-general he wasappearing for the government which stood to gain by the CJI remaining onthe bench. Yet he interposed when he found Gajendragadkar not readilyacceding to the recusal application. He firmly told him that it wasappropriate that he should not sit. Gajendragadkar then recused himself andthe bench was then reconstituted, with Subba Rao presiding. The ultimatedecision in the case ultimately went against the government and theco-operative society.

His mind was remarkably clear and quick. Due perhaps to what he told us oneday in the evening of his life.

He had come for a drink at our home after a meeting of the Bar Associationof India of which he was president and reminisced about the days when he wasonly a school-going boy and had been sent for studies to England where helived with his uncle. As a Gujarati from Bombay he was a completevegetarian. On the first evening when he arrived at dinner he was given meatcutlets, nothing else. He said he did not feel hungry. His uncle said 8220;inthat case you get up and go to bed8221;.

The second day after walking to and back from school again, at dinner, theonly dish served was the same fare meat cutlets. Daphtary again said hedid not feel like eating and he was again asked by his uncle to go up andretire for the night. On the third day he was so famished that when he camedown for dinner he ate up qu-ickly all the meat cutlets that were served,and as-ked for more. Later, his uncle told him that he had done this onpurpose 8211; like a recalcitrant pony he was broken-in at the start, becausehis uncle said he would have been miserable in the UK if he had remainedwhat he was in India a pure vegetarian.

Later that evening he also regaled us with another story of his life. He hadcome back from England after being called to the Bar. He had also done histripos at Cambridge with Greek and Latin and stood first. His uncle was awell-known attorney and placed him in the chambers of the great Inverarity,the doyen of the Bombay Bar. After a couple of weeks with him the uncle wentover to ask Inverarity how his nephew was doing. Inverarity took him outsidehis chamber, to a spot where workmen were digging up the high court lawn andthere was quite a lot of rubble. Pointing at this spot, Inverarity toldDaphtary8217;s uncle, 8220;I have been taking all this out of his head8221;. Daphtarylearnt 8211; early on 8211; one of the lessons which he never forgot 8211; unless youtake out of your head a lot of the useless stuff that is in it, there willbe no place for what needs to be there.

I once asked him about Jinnah. Daphtary had been a junior in his Chamber. InCK8217;s opinion he was the best advocate of the time. He did not share thegreat M.C. Chagla8217;s scepticism about the maker of Pakistan.

If there is one abiding lesson I have imbibed from CK it is that which hequite casually told me when my wife and I entertained him and his wife todinner in our flat in Bombay, more than thirty years ago.

He said and he was not a man given to preaching to the young, 8220;Alwaysremember, Fali, it is better to spend more time thinking about a case thanmerely reading the brief8221;. An advice that I have treasured all my life.

He was self-deprecating and full of wit till the end. He and his wifecelebrated their fiftieth wedding anniversary at which friends and admirerswere invited. After the evening became convi-vial we all called for aspeech. Daphtary, with a chuckle, said, 8220;You know, Cicily has been my wifefor fifty long years. She has been a good wife but in a married life of thislength I must frankly confess that the first forty-nine years have been themost difficult8221;. Glares from Cicily.

His distinction at the Bar and his adr-oitness as a lawyer earned him aPadma Vibhushan and a seat in the Upper Ho-use. At this time he had grownportly. I as-ked him one day what he did in the Rajya Sabha. Instead oftelling me all about the contributions he made to the proceedings whichwere considerable he smiled, adroitly turned half-circle, and said, 8220;I8217;monly throwing my weight about8221;!

A great human being. We shall not see the likes of him again.

The writer is an eminent lawyer