This is based on actual case argued by me in Court No.6 in Supreme Court many years ago. Justice M.N. Vankatchalliah (as he was then) was presiding Judge. Justice P.B.Sawant was sitting with him. Justice M.N. Venkatchalliah said to me, "We will have to hear your client's case, otherwise your client will say that 'Britishers were better than us."
At that time, I was practising in Gujarat High Court at Ahmedabad. I had come for just one day to argue this case of a poor in Supreme Court. He had lost in all courts. High Court had dismissed his case two years ago. There was delay of 700 days. This man had shown his papers to at least 50 advocates in Ahmedabad. All had said that there was no point in his case.
I saw one point in his case. So my client and I, had came to argue this point in Supreme Court.
He was in possession of two rooms right in middle of City Civil Court Compound of Ahmedabad. He was there since time of Britishers. He was peon in court then. There was no proper allotment to him. He just lived there. Nobody troubled him for so many years. But now, a suit was dismissed. He was liable to be evicted any day. There was no evidence of his legal right to stay in these two rooms.
As the case called out, the Judge said, "All three courts have found against you. What is there in your case?"
I said, "Yes. I have lost in all three courts. But my client's heart is still burning and therefore we have come. My client just wants to show Your Lordship a photograph". I had a worn and torn photograph in my hand.
"How can we see a photograph in Supreme Court?" Judge said and looked around. Every one in Court Room was curious to know what photograph I wanted to show to judges.
"What is there in photograph?' Judge asked. I showed the photograph to Judges and explained, "In this photograph a British Officer is sitting on a horse. My client is standing before him. My client says that this is the British officer who allotted this premises to my client."
The Judge thought over what I was saying and then said, "We will have to hear your client's case, otherwise your client will say, 'Britishers were better than us".
Then the judges started probing in case. Case went on for two hours. From 2.00PM to 4.00PM. I was novice in Supreme Court. My voice was not cultured. At one point Justice P.B.Savant said,"Mr. Counsel, your voice is being heard up to Ahmedabad, please speak in low voice." At 4.00 PM, the Court asked Court Master to convey to Standing Counsel of Gujarat to remain present in Court next day at 10.30AM. The case was kept at 10.30AM next day. Then in presence of counsel of Government, certain relief was granted to my client. Further time to stay for one year in premises was given. Matter was dismissed but I think certain observation were made on basis of which my client made representation to Government.
After two months, I left Ahmedabad, and shifted to Delhi to practice in Supreme Court. I never saw the client again.
Haresh Raichura
4th May,2012
At that time, I was practising in Gujarat High Court at Ahmedabad. I had come for just one day to argue this case of a poor in Supreme Court. He had lost in all courts. High Court had dismissed his case two years ago. There was delay of 700 days. This man had shown his papers to at least 50 advocates in Ahmedabad. All had said that there was no point in his case.
I saw one point in his case. So my client and I, had came to argue this point in Supreme Court.
He was in possession of two rooms right in middle of City Civil Court Compound of Ahmedabad. He was there since time of Britishers. He was peon in court then. There was no proper allotment to him. He just lived there. Nobody troubled him for so many years. But now, a suit was dismissed. He was liable to be evicted any day. There was no evidence of his legal right to stay in these two rooms.
As the case called out, the Judge said, "All three courts have found against you. What is there in your case?"
I said, "Yes. I have lost in all three courts. But my client's heart is still burning and therefore we have come. My client just wants to show Your Lordship a photograph". I had a worn and torn photograph in my hand.
"How can we see a photograph in Supreme Court?" Judge said and looked around. Every one in Court Room was curious to know what photograph I wanted to show to judges.
"What is there in photograph?' Judge asked. I showed the photograph to Judges and explained, "In this photograph a British Officer is sitting on a horse. My client is standing before him. My client says that this is the British officer who allotted this premises to my client."
The Judge thought over what I was saying and then said, "We will have to hear your client's case, otherwise your client will say, 'Britishers were better than us".
Then the judges started probing in case. Case went on for two hours. From 2.00PM to 4.00PM. I was novice in Supreme Court. My voice was not cultured. At one point Justice P.B.Savant said,"Mr. Counsel, your voice is being heard up to Ahmedabad, please speak in low voice." At 4.00 PM, the Court asked Court Master to convey to Standing Counsel of Gujarat to remain present in Court next day at 10.30AM. The case was kept at 10.30AM next day. Then in presence of counsel of Government, certain relief was granted to my client. Further time to stay for one year in premises was given. Matter was dismissed but I think certain observation were made on basis of which my client made representation to Government.
After two months, I left Ahmedabad, and shifted to Delhi to practice in Supreme Court. I never saw the client again.
Haresh Raichura
4th May,2012
