Justice P.T. Raman Nayar, The Sole I.C.S. Judge in Kerala 'Steel Frame and Soft Touch'

(By V. Bhaskaran Nambiar, Former Advocate General and Judge, High Court)

Justice P.T. Raman Nayar, the sole I.C.S. Judge on the Bench of the Kerala High Court, a judicial stalwart, a colossus of a Judge is no more with us. He did not die to be forgotten; but lived to be remembered even after death. His death is only an 'inevitable adventure', not a forgotten epitaph; but an eternal revival of his greatness. Lord Byron said, 'Tom, no more - so no more of Tom'. But Byron did not live to see P.T.R.N.

It is not the purpose of this article to refer to the memorable decisions he rendered on the constitutional, criminal, civil and company jurisdictions, including the famous Mariyakutty murder case, the Pala Central Bank case and the E.M.S. Nambudiripad contempt case, but to show the sidelights of his character as a Judge and as a man, as I saw and knew him.

Once Chief Justice M.S. Menon remarked from the Bench, 'Mr. Justice Raman Nayar writes not with a pen; but with a pin'. It could point to his handwriting or even to the sharp edge of his brain or even to pin pint his analysis of any problem.

Chief Justice M.S. Menon was known for his 'mastery of the written and spoken word' and for thoughts condensed in crisp and concise language. Justice Raman Nayar described Justice M.S. Menon on the eve of his retirement thus

"Master of the chiseled phrase, your judgments are models of precision, of clarity, of thought and action, and above all of judicial discipline and restraint, parsimonious to a degree, never saying more than is necessary and always jealously guarding against going wrong. Except to the discerning mind, the easy almost beguiling flow of language, conceals the amount of thought, care and labour that goes into every judgment of yours, as much, more perhaps, as to what to keep out, as to what to put in. You touched nothing which you did not adorn and there is no face of the law you could not have adorned".

Justice Raman Nayar's name sticks to my mind when I recall some incidents inside and outside his court.

Caustic comments - constant stand

Mr. Justice Raman Nayar was one of the most respected Judges of our High Court and this respect continued even after his retirement. The noble Judge did not make any distinction between senior or junior lawyers and he knew only about good and bad cases. His intellectual superiority, which was universally recognised, never affected his extraordinary patience and respect for the bar. Once he asked me in court "Nambiar, we are used to make some comments, sometimes sarcastic, from the Bench. Why don't you react? Some others do". I submitted, "My Lord, I have two submissions (1) I am not paid to offend a Judge and (2) Swami Chinmayanandaji had said at a public meeting, that if somebody calls you, a son of a dog, you are angry because, you identify the dog with yourself, the dog with your father, the dog with your father's father, the dog with your father's father's father". Justice Raman Nayar said, "I understand, you may proceed".

Powerless and Powerful

In one case, arguing for the petitioner, I begin by saying "this is an unfortunate case where the petitioner is sought to be reverted from the post of Headmaster of his school, by one of his own students in the same school, presently appointed as Headmaster". Justice Raman Nayar remarked "Nambiar, do you know, that when I was a District Judge, somebody who was very much junior and who was only a Munsiff earlier had been appointed as Judge of a High Court. I did not object". (His Lordship was referring to the appointment of Shri K.V. Gopalakrishnan Nair as Judge of the Jammu and Kashmir High Court even when, he, a very senior District Judge was continuing as District Judge in the Madras State. I shot back "My Lord, then, your Lordship did not have the power to correct the mistake; today your Lordship has the power". That seemed to click and after some arguments, stay was ordered. Another Judge allowed the Writ Petition later.

Beware of Rahukalam - The Inauspicious Hour

Rahukalam was not in my professional vocabulary, till Ismail came to my office in 1961. Ismail owned a lorry plying for hire. He had a driver and a cleaner. The lorry was loaded and the cleaner sat on the load. When the vehicle was in motion, he stood up on the load. His head hit against a pole, was severed and he died instantaneously. He was young and left a widow and one child.

The widow and child claimed compensation from the owner under the Workmen's Compensation Act. They were granted compensation of Rs.6000 to be paid by the lorry owner. The owner Ismail had no worries, because his lorry was insured with the State Insurance Officer and the State was bound to pay the compensation ordered.

The Insurance Officer did not pay; revenue recovery proceedings by attaching the owner's household furniture commenced. An urgent stay was required and I 'guaranteed' him stay. In those days Justice Vaidialingam was sitting in Writ Court and almost all the Writ Petitions raising some constitutional question were practically admitted, notice to the respondents ordered and stay granted. But I did not note that it was in Rahukalam, the inauspicious period that the Writ Petition was prepared and filed. In my case, Rahukalam worked. Justice Vaidialingam fell sick and he did not attend court the next day. So my case came before Raman Nayar, J. My client not knowing English, confident of stay was sitting behind me in his silk shirt and dhoti. Justice Raman Nayar asked, "How does a writ lie". I said, "This is a writ for mandamus for directing the enforcement of a public duty by the Insurance Officer of the State." The Judge observed-, it is not a public duty, only a commercial duty for which mandamus cannot issue. He added that the amount can be paid now; and a suit instituted for recovery of the amount from the Insurance Officer." I submitted on the question whether this was commercial duty or public duty, there was no reported decision and therefore notice may be ordered. I also added that if a suit had to be filed, it would take years before the amount could be realised in execution of the decree in the suit. The Judge maintained his stand and was about to dismiss the Writ Petition, and he was about to proceed with the judgment. My repeated requests were of no avail. I sat, murmuring "that if this is the law, nobody hereafter can take his car out of his garage unless he has six thousand rupees in his pocket". At that time, I did not have a car; the Judge had one. He asked me, what I was saying. I stated, "if this be the law, nobody can take his car out the garage unless he has six thousand rupees in his pocket". After a few minutes of repetition of the same points, the Writ Petition was admitted and stay was granted. The Writ Petition never came up for final hearing because the Insurance officer, on getting notice from the High Court, paid the amount and the Writ Petition became infructuous.

Ootacamund Law

Justice Raman Nayar had a house in Ooty. I believe his sisters also owned neighbouring houses. He used to spend his vacation in Ooty. Once I went with my family to Ooty during vacation. We met at the Horticulture gardens. I was comparatively young and dared not go anywhere near any Judge, even if it was vacation. He called me and then asked me whether I go always to Ooty during vacation? I said that depends. 'If you sit in the vacation court, I go to my house and spend my vacation with my mother. Otherwise, I go to Ooty to spend a part of the vacation!

Ammalukutty, Judge's wife did not understand what I was talking. The Judge explained to his wife - "So you know, what Nambiar is stating. There are some Judges who grant stay freely; some who do not. I belong to the latter category. When I sit during vacation, he will not get stay and therefore he does not attend the vacation court and when the Judge freely granting stay sits during vacation, Nambiar makes money and then spends a portion; so he comes to Ooty"!

Easement and vacation

He was mentioning about an advocate who was just elevated to the Bench. He said that the advocate was very hardworking. In fact, in an easement case argued by the advocate, the Judge told him about the book to be referred, and the subtle distinctions between easements, license etc.

He took a week's adjournment and then argued ably and won the case. (The advocate was Bhaskaran who became Chief Justice of Kerala and Andhra Pradesh later). During the entire conversation, I did not utter one word.

Next day, my wife and I went to his house, in one of the posh areas in Ooty, to pay our respects. He then said, "Nambiar, I know, you do not know much about the law of easement, you did not utter one word yesterday when I was explaining about the law of easements. He continued; anyway I shall ask you. There is a pathway belonging to us in front of my house and leading to the other houses also. The doubt is how the right to use the pathway has to be dealt with in the sale deed in case one of the houses was to be transferred. I told him that when he was talking on easements in the horticultural garden at Ooty, I guessed that he wanted some doubts to be cleared on the subject! I did not want to discuss law during vacation and that too in Ooty! I therefore pretended ignorance. He approved of my reaction and of course, I attempted to clear his doubts. Whether he followed that or not, I do not know, I am sure the parthway continued!

It was a very broad minded gesture, when he wrote to me when I was appointed Advocate General and later as a Judge thus.

"My dear Bhaskaran Nambiar,

Congratulations and best wishes from both of us on your appointment as Advocate General. The recognition has been slow in coming. Yet, when it comes it was churlish to dwell on its tardiness. (Rather, you should take comfort in that, this is because, it is apolitical in origin). I'm sure you will take it with grace and dignity and live up to the best traditions of your high office, traditions, transcending local or temporal moves".

On my appointment as Judge of the High Court, he wrote:-

"So, at long last - about a decade delayed! But, not by any means too late, for six years should be long enough for a man of your mettle to make his mark on the Bench. And I trust the interval has enabled to see you through your years in office and retirement – continuance of A.G. must have been professionally rewarding experience. Chief Justice Potti has done quite a few good things- this is one of them".

The last line was a dig at Chief Justice Potti as both of them did not see eye to eye on several issues and aspects.

I have mentioned some of these and other aspects in the book titled 'Life's Likes and Dislikes' to be published shortly.

Nonagenarian Lawyer

(By T.P. Kelu Nambiar B.A., M.L)

There is no necessity to conduct a poll to select the oldest lawyer of the Kerala High Court Bar. He is pushing 93. Great, indeed. Even at this age and stage, he has a certain sort of hubristic self-confidence. He negates the haunting line of Coleridge, in his Rhyme of the Ancient Mariner: "The sun's rim dips, the stars rush and with one stride comes the dark". He is a 'Richie Rich' lawyer. Let me reveal his name. He is Senior Advocate Sri. K.C. John, a lawyer who keeps his own counsel. He is his own man; he did not try to be like any other. He is not a lawyer in love with lime-light. According to him, there is no 'paddock' parade in the legal profession. I am astonished with his energy level, even at the age of 92.

It is the legal profession which Sri. John eats, sleeps and drinks. Whether in his Office or in Court, he is constantly on the go. The heavy homework that goes into every brief, is evident from his delivery. He believes in spending quality time with each client. He does his duty, displaying a welcome maturity. He should be feeling very fulfilled as a lawyer; even at 92, he is fit and firing. He is ageing only very slowly. According to him, the Bench-Bar relationship is not 'cohabitation', but co-operation/co-ordination. At 92, he feels, he is still a work in progress. He never makes cocktail submissions in Court.

Though not born with a silver spoon, he acquired platinum. He is a lawyer with a deep pocket.

In old-age, the body deteriorates, muscles atrophy, bones grow thin, and skin loses its elasticity. But Sri. John's brains are guaranteed by God. He has a wonderful memory. He argues his cases as if he is using an invisible blackboard. He never argues in muted and muffled voice. His mind is his dictionary. Even as on this day, his brain starts working the moment he gets up in the morning, and does not stop until he gets into his bed. His memory bank has not lost its deposits. He goes to bed only after seeing the other side of the midnight. He knows that he does not require a licence to learn. He has a heart to feel and a head to think. He is sober and strong, even in times of tense moments and red faces. Even at 92, he has not become a sitting duck. Attending Court regularly is one of his indulgences. He has a positive commitment to the profession.

Though the job is repetitive and rigmarole, Sri. John finds charm in the legal profession. After he entered the legal profession, he did not experience any rustiness. He has taken the legal profession terribly seriously; and he does it for generating 'professional' capital, when it seems to be time for a person like him to mourn the debris of a professional crash/wreck; and, that, at a time when our tribe is increasing like baby-boomers.

Overall though, Sri. John has left a good lesson for the lawyers. He believed that law practice is a profession, not a mission; and that advocates are share-holders of the judicature. The charms of arguments and counter-arguments are a thing of the past in Courts. These are days of Mandamus Baggage of High Court lawyers. Let us have a mournful introspection into the reasons for the fall of the profession. The urgency of arresting the precipitous and inexorable landslide in the functioning of the legal profession, is real. There was a time when the legal profession was an adventure. "But where are capable lawyers and Judges," asks Sri. John. These are days of 'nowhere' lawyers; and the Advocates' Association is only the lawyers' dressing room. There is no investment in knowledge. A professional penal code seems to be necessary, says Sri. John.

Sri. John was born in June, 1911, when nobody connected today with the High Court of Kerala, namely Judges, lawyers, para-legal assistants, and employees and officers, was thought of. He started legal practice in May, 1937, when no sitting Judge of the High Court was even born. His first son was born in September, 1938. No sitting Judge of the High Court, is older than his elder son. Unique, indeed.

"Grow old with me, the best is yet to be," wrote Robert Browning. So says Sri. K.C. John also.

Attentive Silence, Please

(By T.P. Kelu Nambiar, B.A., M.L.)

One can certainly gather gems from old law books and reports. Hark, the shelf life of law books and reports is not like that of packaged food. At the risk of being infected with dust allergy,recently I turned the pages of Lord Chancellor Bacon's "Essays..........", and read: "Patience andgravity of hearing is an essential part of justice; and an over-speaking Judge is no well-turned cymbal". My right response was: 'what a true saying'. The provocation for this write up is Bacon's rendering. I pulled out several Law Lords and authors from my shelf for this purpose. I thought hard to find out a new word for captioning this article, but could not succeed. Only a prolific wordsmith like Justice V.R. Krishna Iyer could have done it in no time.

Denning L.J. was of the view (in Jones v. National Coal Board) that in the daily pursuit of finding out the truth by the Judge the advocate plays an honourable and necessary role, and quoted Lord Eldon L.C: "Truth is best discovered by powerful statements on both sides of the question". (Ex parte Lloyd). Lord Greene M.R. explained (in Yuill v. Yuill) that justice is best done by a Judge who holds the balance between the contending parties without himself taking part in their disputations and clouding his vision by the dust of conflict. And Denning L.J. again (in Jones case): "It is all very well to paint justice blind, but she does better without a bandageround her eyes. She should be blind indeed to favour or prejudice.......And it is for the advocateto state his case as fairly and strongly as he can, without undue interruption, lest the sequence of his argument be lost..... And the Judge's part is to make sure by wise intervention that he follows the points that the advocates are making and can assesses their worth; and at the end to make up his mind where the truth lies.......... If he goes beyond this, he drops the mantle of a Judge and assumes the robe of an advocate; and the change does not become him well". That, says it all. A Judge should not rub in the embarrassment of a lawyer, by disturbing the line, length and speed of his argument.

Sri. S.V. Gupte, a former Attorney-Genera! of India, had spoken about the problem of overspeaking Judges by pointing out that it is impossible to make headway in a court where the person who should not talk does most of the talking and the person who should argue does not get a word in edgeways. This is referred to by Seervai in his Constitutional Law of India; and Seervai himself was of the view that a Judge who intervenes too much could drain the case of all joy from the point of view of the advocate, who, whether he had won or lost, comes out of the court an exhausted person. A Judge who callas 'no ball' to every delivery, is a tearful umpire. The Setalvad Commission Report 1957 refers to 'talkative' and 'strong silent' Judges and agreed with Lord Justice Denning's observation in Jones case. The Bar cannot afford to wage an unequal war of words with the Bench.

From the greatest of the great Rajamannar C J. to Basant, J., I have, by now, appeared and argued before almost one hundred and fifty Judges, of which one hundred and twenty-two are of the High Court of Kerala, from Koshy, C. J. to Basant, J. I can pigeonhole them as' strong silent', reticent, stone-cold, talkative, hustling, lively, aggressive and assertive. We require sweet mannered man-size Judge, who is the man in the middle, not the man in the moon. We require Judge who have learnt lessons in courtesy; and who discipline words to judicial purpose, while sitting in box seat; not Judges who adopt command mode of treating lawyers and disposing of cases. We pray for attentive silence, with only wise intervention, not tug of talk, realising that an advocate trades arguments with the opposite lawyer, not with the Court. Mark, what Chief Baron Palles said: "The Judge who opens his mouth closes his mind".

I call upon the Kerala High Court Advocates' Association to bestow attention on the topic of this write-up, instead of remaining an entertainment capital of the High Court.

Knowledge is Strength

(By K. Ramakumar, Advocate, High Court)

I am privileged to be called upon to talk to you. I assure you I will not misuse that and bore you too long. I said I am privileged because I am no different from you, excepting that I was born a few years earlier than most of you and have wasted several ten years in the Bar. I therefore have no right to sermonize to you or make a speech as insincere, as a Reference speech. I can, however share with you certain thoughts, which if you think will be useful to you, I shall be beholden.

Most of you may be here, because you couldn't be elsewhere, I mean no disrespect to you. Many of you are from prestigious law schools, making up your mind to choose practise of law as a career. In either case, you have to reach the top of the profession to which you proudly belong. How do you do it? One method is to secure quick success through short cuts, such as currying favour with and cultivating people in power, cringe for petty positions, crawl even if you are asked only to bend, mix with the mighty in parties and functions, putting up a servile face, etc. etc. For this you don't have to know any law at all, but only need to know who are the right persons to fix. The other, obviously arduous, is to work hard day and night, increase your equipment and skill, strengthen your knowledge, enhance your character and reputation and reach the room at the top? The choice is clearly yours.

Learning law, is like learning driving. Even if, you sit by the driver for years, you won't be able to drive. Can you ever imagine learning driving without a driving master? Likewise, do you think you can learn law without a Guru? I think not. Those who come in a Maruti car for enrolment, knocks at the doors of several seniors, finds none, starts off on his own and gets a junior in the next enrolment. Is this your idea, how a reputed lawyer, known for his learning trusted by his clients, respected by Judges is groomed? I am afraid you are entirely wrong if you think it is.

A lawyer of this category was requested, on a day to make a representation on behalf of another lawyer, by a clerk, seeking time for filing “Bt£]w” (Akshepam) The new entrant sprightly stood up and said. "I want time for filing abuses your Honour". Do you want this to happen to you? If you do not, take to learning law seriously. There is nothing under the Sun, that a lawyer shall not know. Knowledge is the biggest strength and asset of a lawyer. A lawyer who knows his subject, will not be cowered down, even by an over bearing Judge. He will not be afraid of Judges, who are in the habit of putting repeated questions at a time. He can stand up to any Judge with confidence and sure of himself, because he is adequately equipped in law and familiar with facts.

Lawyers are forbidden from advertising. But you are your own best advertising agent. People watch out lawyers arguing. That is the advantage of an open trial system, which we Speech delivered in the function of 'Lawyer to Lawyer' organised by the Kerala High Court Advocates' Association in June, 2003.have inherited from the British, and the only thing Indian Judges have not been able to tinker with till now. That ensures transparency. It calls the bluff of the sartorial senior, not the senior by quality, who receives only derision and not respect from the watchful litigant. The brilliant and the best among the lawyers glitter in the open, not basking in the sun-shine of favour-dispensers.

Now tell me to which category do you want to belong? To wait in the long and laggard queue of the lawyer who depends on him alone, his equipment, knowledge, character etc to reach the room at the top, or the instant successes, through favour seeking, lobbying, manipulation etc?

I have to necessarily warn you that the profession is losing its past glory. Lawyers are also suspected to be associated with the twenty per cent, a former Chief Justice regretfully said to exist among the Judges. I have to say with sorrow, that resolutions tabled by lawyers' associations are passed on to Judges, instantaneously by those in that category. Why blame others, when we are ourselves also at fault? Expediency is fast overtaking excellence. In the High Court, we strive for excellence, at all levels. We are sadly lacking that. A Full Bench, mind you, was about to be dissolved, as none of the lawyers was ready even with bare facts, not to speak of law. With what grace can we, criticise the Judges who are impatient with lawyers who do not prepare themselves? That, thorough lawyer, who studies his briefs well, up to date with all decisions, show respect and not fear to the court, dignified in behaviour, commands and not demands respect, trusted by his clients - That species is fast diminishing and vanishing. It is we and we alone who are responsible for this abysmal fall.

In the hands of the young lawyer, lie the future of the glorious profession to which, Gandhi, Jawaharlal, Sardar Patel, Rajendra Prasad, Bulabai Desai, Ashutosh Mukerji, Setal wad, Palkhivala, and a host of eminent other Indians belonged. No Judge can stop you from becoming equipped, up to date, and really learned. Therefore, I repeat again- Knowledge is the biggest strength of a lawyer - And his success too.

Thank you all.

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Speech delivered in the function of ‘Lawyer to Lawyer’ organized by the Kerala High Court Advocates’ Association in June, 2003.

Make Love to Books

(By K. Ramakumar, Advocate, High Court)

Years back, when I was devilling for my late lamented Senior, he once beckoned me and required me to go to the High Court Library, find out and read 'Smith's leading cases'. Ever heard of such a book? Not likely. Nor did I then. Smith's leading cases, is a beautiful collection of cases like Rylands v. Fletcher, Donnough v. Stevenson, Ashby v. White, etc. etc. which should introduce every new entrant to the Bar to the nuances of English jurisprudence. When I haltingly and hesitantly went to the High Court Librarian for the book, he was eyeing me with curiosity and politely told me that the book was with one of the judges who later adorned the Bench of the Supreme Court and brought pride to the State as an eminent jurist of the country. To him, books provided far more sumptuous feasts, than food itself. You have guessed his name correctly. It was the late Mr. Justice K.K. Mathew. To my good luck, the venerable judge somehow had come to know that I had asked for the book which he may have read several times.

Since then I certainly enjoyed a distinct advantage appearing in his court. He was such a considerate and compassionate Judge particularly to the junior section of the Bar. All that he insisted was that one should study his cases well. The story of his success? Reading, reading and more reading.

So was another great Keralite Judge who fortunately is still living. Amidst his lucrative and large practice he found time to read everything that came by him, from Link to Life. The English language is to him like clay in a potter's hand. His mastery of that alien language is astounding and unparalleled. I had the good fortune of appearing along with him, against him and before him, both in the. High Court and in the Supreme Court. A great Judge with varied interests and vast capacities in different fields, there is hardly anyone to match his reading habit. He reads almost all books touching on different topics. From Allen Tofler to Aurthur Haily, I don't have to tell you whom I mean. The secret of his success? Again, reading, reading and reading.

(I know it is considered indecent to make such personal reference, but it is unavoidable to drive home the point.)

To those who have chosen the legal profession as a career, hard work is unavoidable. From time immemorial the profession of law is considered noble not because people who come to the top in it, make lots of money but, for their profound knowledge of law, integrity, character, hardwork and honesty. Not a single notable lawyer of repute in the whole country has tasted success without hard and sustained work. That trust and confidence belong to the Lawyer who builds up a practice on the edifice of his own equipment and hardwork. Seniority should be commanded and not demanded. True, some judges are prone to discourage deep and laborious learning, especially these days. Also true, there is a vast difference between old time Judges, and the newer ones with an eye on statistics than on sound legal principles. But then, lawyers also have changed likewise. This shouldn't dishearten a young entrant to the Bar, whose toils and travails will not but be rewarded one day.

The legal profession is fast becoming a trade or business and the tricks associated with them, played by some in it as a short-cut to instant success erode its image identify them, expose them and ostracise them. At least, do not emulate them at all. The room at the top belongs to you and if you reach there, try restore back the glory of a profession to which great nation builders belonged. Make Love to Books, Read, Read and succeed.