TOO MANY LAWS

(M.S. Kurian Advocate, Ernakulam)

Law is majestic. But it all depends. An unjust law is no law at all. It is a calamity to live there where the laws are indifferent, innumerable and ever changing in quick succession. Truly as St. Paul says where the spirit of the Lord is, there is liberty and freedom.

Said Cicero, who held the palm of forensic eloquence in his days, ‘‘Multiplicity of Laws is a sign of barbarism”. Mushroom legislation is the mark of an intoxicated Government. Prolific enactments will breed pettifogging casuistry in courts producing plumb dishonesty and complexity everywhere. The ignorant, the illiterate and the poor will be most easily duped owing to the inconstancy and uncertainty of the Laws. Nothing will remain sacred; every veil will be torn away.

Government is now laying its strong hands on anything arid everything, ruthlessly and promiscuously. It is now dictating thunderously that ambitious young man at the threshold of his all important marital career should not receive dowry. Will it also next declare, through its legislative anvil, that the bashful young mother should no more give suck and suckle the babies, but take to feeding bottles freely supplied by the enormous solicitude of the Government, its satellites, panels and panegyrists? We are now reminded of certain species in the animal kingdom who hug their young ones to death, or is it a case of the Walrus, the Carpenter and the little Oysters? 

 “A loaf of bread”, the Walrus said.

Is what we chiefly need

Pepper and vinegar besides

Are very good indeed.

Now, if you’re ready, Oysters dear.

We can begin to feed”.

“But not on us” the oysters cried.

Turning a little blue

“After such kindness that would be

A dismal thing to do”.

“The night is fine” the Walrus said “

‘Do you admire the view?”

‘I weep for you, the Walrus said

I deeply sympathize”

With sobs and tears he sorted out

Those of the largest size,

Holding his pocket hand-kerchief

Before his streaming eyes.

“Oysters” said the Carpenter “

You have had a pleasant run

Shall we be trotting home again”?

But answer came there none-

And this was scarcely odd, because

They ‘d eaten every one.

Let the state beware that it is only a green house for the tender plants to grow. It is only fence and not the crops themselves? Belthazar roughly handling golden vessels of the temple of Jerusalem was promptly punished. Will not at least a poetic justice overtake the tyrants who desecrate the human vessels themselves? Mark them when they say that giving a valuable nuptial present is a non-compoundable offence and the social evil which has to be, at once, met by a statute.

The question is asked, has not the society become complex and complicated? Yes. But every evil is not to be met by a fresh legislation. Encourage voluntary association, study circles, literary and debating club, reading rooms, Missions, Retreats, Social Institutes, Cultural centers, academies and what not. There is no question of our going back to the days of Adam and Eve. Let this state, like the mighty tree with large foliage giving shelter to birds of the air, nurse and nourish Bharat Seva Samajam, Bhoodan movements, Indian conference of social workers and other similar organizations in the field of service there is no rivalry as the Father of the Nation has taught us. Hence that state is best which governs least. To be let alone is one of our primary rights. We are not for Laissez Faire. We welcome laws calculated to obtain optimum advantage for maximum number of people. But when the goal can be attained as well by healthy private initiative don’t resort to legislation. It is only an octopus totalitarian state that will consider itself a mighty trader in relation to its citizens and also will try to stand in loco parentis in regard to the children, their cribs and cradles, their schools arid their vocations.

NEVER PUT A NEW RESTRICTION ON THE LIBERTY OF THE CITIZEN unless order and peace require this limitation imperatively. Natural sights are superior to positive Law. Shun depersonalization. Don’t convert the intelligent human jewels into an in- organic mass, an amorphous agglomera­tion. Individualities and personalities destroyed by the state are seldom rebuilt. Here the state never gives back what it swallows.

BLOOD ON HIS HANDS

(T.G. John, Advocate, Trichur)

“Remember, after your verdict there is no appeal. If you, gentlemen of the Jury, say that it is proved that the prisoner has the blood of that poor creature on his hands, then your decision is final, and in a brief space he will pass to that world from which he can never return. If you are satisfied, I do not ask you to shrink from your plain duty; but I know that you will pause long, if you have any doubt in your minds, before you take upon yourselves the responsibility of this man’s blood. It is a responsibility for each one of you. You are not shielded by the fact that there are twelve of you. Through me as a last appeal, the prisoner trusts that the Jury will be able to say that the case has not been proved against him and he will feel that he has a had trial which was fair before God and his country.”

That was the closing phase of one of the most eloquent defence speeches ever made by a counsel at the ESSEX ASSIZES. The year was 1903 and Mr. George Elliot K.C. was defending Samuel Henry Dougal for the murder of Miss Camille Cecille Holland. In spite of the best efforts of the counsel, Dougal was led to the gallows on the morning of 8th July 1903.

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Samuel Henry Dougal was a professional woman hunter. He belonged to that class of criminals like Landru and George Joseph Smith who recognize emotionally starved women, who sent them from far off and who know exactly what they are about when they enter into relationship with them. Physically he was enormously attractive to women, of much the same type as the magnificent male and cruel murderer Pranzini. His animal magnetism was enormous but very few knew that his private life was a long procession of inglorious victories over servant-maids and shop-girls who were relieved of their virtue and money. His last and greatest adventure was when he met Miss Camille Holland. Whether the meeting took place accidentally at Earl’s Court Exhibition or whether it came about through an advertisement in a matrimonial paper that meeting had equally fatal consequences for both the people involved.

In the year 1898 when Dougal met his victim for the first time, Miss Holland was about fifty-six years of age living as most maiden ladies of the times did, in a boarding house in London. She was further a pretty, delicate looking woman who took to preserve her youthful looking appearance through means that were rarer in those days than they are now. She powdered her face, dyed her hair reddish gold and was careful over all the details of her toilet: her landlady had left it on record ‘that though she looked about sixty in bed, when she finally “got up” for the day she seemed ten or fifteen years younger’. A well-to-do relation of hers had left her a legacy which in all amounted to an invested capital of £6000.

It is when meetings such as that of Dougal and Camille Holland take place that criminal history is made. “The potential murderer has met the born ‘murderee’; the man who is such a convinced egoist that he quite honestly thinks he is justified in anything he may do to another human being to gain his own ends, has met the woman who asks nothing better than to yield to his wishes”.

Married or not, Camille Holland left the boarding house and went to a house called Parkmore at Brighton which she and Dougal had rented out and there they spent their ‘ungodly’ honeymoon. Meanwhile the fortune hunter in Dougal began his man oeuvres. His first idea was to purchase a farm house in his name with Camille’s money The contract for the sale of the farm was prepared in the first instance in the name of Dougal but subsequently Miss Holland met the land agent in secret and the first contract was torn up and another was made up in her own name-. In spite of the fact that Miss Holland had completely placed herself in Dougal’s power she now took a step which one would have thought she would have been afraid of. It was perhaps this burst of independence that caused Dougal to silence her for good. To Dougal there was no purpose in living ‘close’ to fortune.

19th of May 1899 was the day on which Miss Camille Holland was last seen alive. On that day she joined Dougal who was waiting with a pony and trap outside the farm-house which was by that time purchased. They departed in the best of spirit but once away from the house, Dougal shot her with a revolver holding the weapon close to her head, the bullet passing in at one side of her head and lodging under the scalp on the other side. Haying shot her; Dougal took her body and threw her into the grave which was ready for it a ditch that was being filled in. He returned to the Moat Farm house that night and through diabolic cunning hoodwinked the neighborhood and the public with a make-believe story of Camille having gone to the continent. From that day no one saw Miss Holland alive but her business affairs went on as if she were alive. Her brokers and bankers only knew her address at Moat Farm. From time to time money was drawn from her account and placed to Dougal’s account at the BirkBeck Bank. For four years the farce con­tinued through a systematic series of forged signatures; and down to 1902 her affairs went on as if she were taking an active interest in the affairs of life. But by this time rumors were afloat and investigation started. The body of Miss Holland was exhumed and Dougal burst into newspaper fame. He was first arrested for forgery but later on the charge was modified to one of murder.

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Chelmsford Prison-8th of July 1903. It was a perfect day, the sort of day Keats must have had in mind when he wrote of ‘the season of mists and mellow fruitfulness’. A Sabbath calm lay over the prison-yard where Michaelmas daisies, dahlias, chrysanthemums and sunflowers made a blaze of color against the old grey walls of the padded cells of the prison. It was a fine sunny morning and everything seemed to be basking in a hazy golden glow when Dougal sniffed at the morning air and bare-headed and bare throated took his last brief walk to the gallows. The executioner, billing ton, had his hand upon the lever when the chaplain bent forward towards Dougal who could not see him (already the white cap had been drawn over his face) and asked him twice ‘‘Are you guilty or not guilty”. Dougal half turned in the direction of the chaplain’s voice and said ‘Guilty’ at the moment the lever was pulled.

This action of the chaplain was severely criticized both in the Press and Parliament. It is a nice theological point how far a minister of God is justified in agitating a man during his last moments on earth for the sake of his soul.

In reply to the question of Mr. H.D. Greene in the House of Commons regarding the chaplains’ question and the confession of Dougal, the Home Secretary said “The relations between the chaplain and the prisoners under his spiritual care are a matter not dealt with and hardly capable of being dealt with by statutory rules. In the case to which I take the honorable member to refer, I have called for a report from the chaplain and he informs me-that Dougal had promised to make a true confession on the eve of his execution, but failed to do so. As the last moment approached, the chaplain says that his spiritual anxiety became intense, that he prayed earnestly with Dougal during the last quarter of an hour, during which Dougal sobbed. The chaplain further states that it was under strong impulse, and quite on the inspiration of the moment that he made the strong appeal at the scaffold. While making every allowance for the chaplain’s difficult position, I think the incident is to be re­gretted and I will endeavor to prevent a similar occurrence in [the future” (17th July 1903).

Reference in High Court on the Retirement of the Hon’ble Chief Justice Mr. K. T. Koshi

The reference on the retirement of the Hon’ble Chief Justice Mr. K. T. Koshi was held on 30-1-1959 at 4. P. M. in the First Court Hall. The Court Hall was packed full with lawyers and officers of the High Court. All the Judges were present. Mr. K. V. Surianarayana Iyer, Ad­vocate General bade on affectionate farewell to the retiring; Chief Justice-He referred to the proud record of his work and achievements as an eminent lawyer and as a great Judge. He said: “His Lordship started practice in 1921 at Ernakulam with the blessings of his father-in-law Mr. Philip and rose to eminence. He was a reputed cross-examiner. He had appeared in many important and sensational cases, such as Kumblanji riot case, Rekthalekka sedition case, Vellarapally case etc., and discharged his duties as a lawyer with distinction. The thoroughness with which he argued the cases was remarkable” He continued: “His Lordship had a judicial mind and aptitude and was always anxious to do justice. His judgments were full and up-to-date. His judgments on rule of circumstantial evidence, scope of S. 27 of Evi­dence Act, rule of presumption as to death, S. 39 of Nayar Act etc., disclose his vast learning and juristic approach. Industrial law, law of constitution, especially those relating to fundamental rights, law of social relations, civil and criminal cases, all were dealt with by him thoroughly and exhaustively. As the head of the judicial administration his services are equally great. He substantially succeeded in his attempt to reduce the arrears of work in the High Court and in the subordinate Courts. The well equipped spacious High Court library today we see, is the result of his efforts.” He concluded by saying: ‘‘His Lordship has done his part creditably. Let Almighty may shower His choicest blessings upon him.”

Mr. Justice Sankaran in his speech said that the Hon’ble Chief Justice had successfully tackled various problems which arose during iiis tenure of office, especially regarding service integration. He tried his best for the liquidation of the arrears of work. He said that with the formation of the Kerala State followed by the addition of Malabar .there was substantial increase in the number of cases in the High Court and the number of Judges was not sufficient to cope with that increase and he wished that the authorities concerned may do the needful in the matter shortly. He also referred to the Chief Justice’s judicial achievements as a Judge and wished him long, life and prosperity.

Reference in High Court on the occasion of the first sitting of the

Hon’ble Chief Justice Mr. K. Sankaran

There was a reference on 4-3-1959 at 11-15 P. M. in the First Court to felicitate the new Chief Justice of Kerala, Mr. K. Sankaran who took his seat along with all the Judges. The Hall was full with advocates and officers of the Court. Mr. K.V. Surianarayana Ayyar, Advocate General on behalf of the Bar extended to the Hon’ble Chief Justice best wishes and hearty felicitations. He referred to the judicial talents and qualities of the Hon’ble Chief Justice and assured him the hearty co operation of the Bar in the administration of justice and wished him long life and success.

     Mr. T.N. Subramonia Iyer, President of the Advocates’ Association said that the undoubted talents of Mr. Justice Sankaran have been duly recognized by his elevation as Chief Justice, which he richly deserves. His unfailing courtesy to the Bar, his unflinching integrity and independence, exceptionally patient hearing, sweet temperament and quick perception all made him a popular and distinguished Judge. He requested his Lordship to redress the grievances of the Bar especially in the matter of appointment to the judiciary. He concluded by assuring him of the fullest cooperation and assistance of the Bar, and wishing him brilliant success and greater prosperity.

Hon’ble Mr. Justice S. Velu Pillai

We offer our sincere congratulations and cordial felicitations to Mr. Justice S. Velu Pillai on his elevation to the Bench of the Kerala High Court. His appointment has been hailed with universal satisfaction and joy all round for, all were looking forward with eagerness for this conferment of honour on him which he richly deserved earlier.

Mr. Justice Velu Pillai is a proud inheritor of a glorious tradition and an illustrious family of eminent Judges. His father Rao Bahadur G. Sankara Pillai was a Judge of the Travancore High Court from 1098 to 1102 ME Mr. Sankara Pillai’s father Dewan Bahadur A. Govinda Pillai was also a Judge of the Travancore High Court from 1071 to 1084 M.E. Mr. Govinda Pillai’s uncle Mr. Sankar-nath who was a Judge of the Court of Ranjit Singh in Punjab adorned the Sudder Court of Travancore as the Chief Justice for a few years in the 1st decade of 1000 M.E. Thus Mr. Justice Velu Pillai today is having the “unique instance not only in India but even in the United Kingdom where the same family has produced four generations of High Court Judges.”

Mr. Justice Velu Pillai was born on 14th October 1905. After a brilliant academic career he enrolled as an advocate in 1928 and set up practice at Trivandrum under the table guidance of late Mr. Kayyalam Parameswaran Pillai. In an incredibly short time by dint of his industry and merit he made his way to the front rank of the profession and occupied a prominent position acquiring a lucrative practice. In recognition of his talents and merits he was appointed as a District Judge in 1948. All through his career as a District Judge he was held in warm regard and high esteem by the Bar and the general public by reason of his deep learning, devotion to duty, exceptional punctuality and dignified and courteous behavior. Simple in habits, unostentatious and affable in manners, and gifted with a keen intellect Mr. Justice Velu Pillai has earned a reputation throughout Kerala as a Judge of high integrity and absolute impartiality. It can undoubtedly be stated of his court as was said of Lord Cockburn’s Court, “a Court where every man felt himself in the presence of a gentleman, whose genial courtesy made all things genial, whose exquisite learning captured all men’s love, whose sun bright Justice brightened every cause and sent even him who lost away content”. Our good wishes go to him for a distinguished and enlightened career in his new sphere.

Hon’ble Mrs. Justice Anna Chandy

The elevation of Mrs. Anna Chandy as a Judge of the Kerala High Court is a matter of extreme honour, supreme gratification and unbounded pride to all the people of Kerala and especially to the womankind. Kerala, the smallest of States in India, today has attained the pinnacle of glory and has attracted the whole world by her appointment, being the first and unique instance of a lady occupying the exalted office of a High Court Judge, not only in India but elsewhere also.

Mrs. Justice Anna Chandy was born in the year 1905.’ She had an illustrious educational career. She took the M. A. Degree in 1926 with distinction. She joined the Bar in 1929 and set up practice at Kottayam as a junior to late Mr. John Nidhiri and afterwards at Trivandrum. By dint of her indomitable spirit of courage and devotion to duty she was able to acquire a wide practice especially on the criminal side. She had also her valuable services in the Travancore Legislative Assembly. In 1937 she was appointed as a Munsiff and in 1948 as a District Judge. She enjoyed the unbounded confidence of the legal profession and the litigant public in the discharge of her duties. Her wide legal knowledge, forensic abilities, quick understanding and affable manners made her a popular and distinguished judicial officer. As a Judge, she was strictly adhering to the rule laid down by Judge Mathew Hale that “she is entrusted for God, the State and the country at large and therefore that has to be done uprightly, deliberately and resolutely.” We extend to Mrs. Justice Anna Chandy our heart-felt congratulations and sincere felicitations and wish her a bright future and brilliant success in the most sacred and exalted temple of Justice. May she be the beacon light of womankind?