They kept liberty alive: Justice Dipankar Datta on six legal stalwarts

A symposium to commemorate late Supreme Court judge, Justice HR Khanna on Saturday saw Justice Dipankar Datta pay tribute to six legal stalwarts and their contributions to the Indian judicial system. .Each of these stalwarts kept liberty alive and it is because of their judgments that our cherished jurisprudence is kept alive, Justice Datta observed.He was speaking on the theme “Legal Stalwarts and their Contributions to the Modern Indian Judicial System” at the 3rd Justice HR Khanna Memorial National Symposium organised the Confederation of Alumni for National Law Universities Foundation (CAN Foundation)..Saviour of democracy - Justice HR Khanna.Speaking on late Justice HR Khanna, in whose honour the event was held, Justice Datta observed,"Justice Khanna is seen as the saviour from the ruthlessness of the executive that was discerned during the 70s of the last millennium.".He recounted how Justice Khanna was far-sighted enough to be aware what he stood to lose for his powerful dissent in the ADM Jabalpur case. In his autobiography, Justice Khanna is stated to have told his family, "I have prepared a judgment which is going to cost me the Chief Justiceship of India.".Justice Datta added that for Justice Khanna, his pledge towards a higher calling was more important than the office of Chief Justice of India. .On Chief Justice Bijan Mukherjea's rejection of an out-of-turn elevation.Justice Datta recounted that in 1951, the government had initially intended to supersede Justices Patanjali Shastri and MC Mahajan to appoint Justice Mukherjea. The idea was for Justice Mukherjea to have a longer tenure. Justices Shastri and Mahajan were not averse to the idea. However, the idea was flatly refused by Justice Mukherjea, who threatened to resign. "The threat worked," Justice Datta noted. .Justice Mukherjea went on to become the Chief Justice later and his legal opinions were marked by profound erudition and principles of law that have stood the test of time, Justice Datta added.Whether we will see a more large-hearted Chief Justice than CJI YV Chandrachud is unknownWhile speaking on former Chief Justice of India YV Chandrachud, Justice Datta recalled certain events that took place shortly before Justice Sabyasachi Mukherjee was elevated as a Supreme Court judge.After the Supreme Court insisted that a case be sent back to the High Court and decided within a day or two, Justice Mukherjee (then a High Court judge) recorded certain strong remarks..Justice Mukherjee said that he hoped that "wiser heads" will decide in future while referring to the Supreme Court bench, which included CJI YV Chandrachud.Despite this, Justice Mukherjee was elevated to the Supreme Court two months later, during CJI Chandrachud's tenure."Such was the persona of Chief Justice Chandrachud ... Whether and when we will see a larger-hearted Chief Justice is known only to posterity," Justice Datta added.On Justice PN Bhagwati's contribution to public interestThe greatest legacy left behind by Justice PN Bhagwati was the concerted efforts that resulted in the introduction of public interest litigation, Justice Datta noted. Justice Bhagwati was also remembered for his contributions to legal aid as well his powerful dissent in the Bhachan Singh case, which dealt with the validity of the death penalty in India. "Bhagwati wrote powerful dissent for the ages, observing that death penalty did not stand the test of Articles 14 and 21, and in cases such as death penalty, the court may refuse to presume its constitutionality and demand from the state the justification to establish its validity," Justice Datta observed..On Nani Palkhivala's big breakJustice Datta observed that Senior Advocate Nani Palkhivala is revered for his original thinking and his genius, which was reflected in the cases he argued.His big break came in 1948, when he was called to argue in the Bombay High Court case of PV Rao, despite being a junior lawyer at the time. "His style of presenting arguments and understanding of the law persuaded the court to issue a writ of certiorari against the state government, the first of its kind in the country," Justice Datta observed..The Supreme Court judge also recounted how Palkhivala was enraged when he heard that then Prime Minister Indira Gandhi, a client of Palkhivala, had declared a state of emergency.He saw it as a subversion of the Constitution and made the courageous decision to withdraw as her lawyer, Justice Datta recalled."He spoke to the then Law Minster and famously told him, 'This is not negotiable, I am only informing you of my decision,'" Justice Datta observed.On the great academic and jurist, Dr. Durga Das BasuJustice Datta recalled an anecdote shared with him, on how Dr. Durga Basu once rendered an extempore judgment that neatly covered all the points of law. The senior judge on the bench later lauded Justice Basu and asked him how he was able to do so."Justice Basu replied, 'You, brother, read the law for this case. I have been reading it for a lifetime. I did not look at law only for the case,'" Justice Datta recounted.Justice Datta added that Dr. Basu was a true scholar, who was able to author a commentary on the Constitution of India in 1950, when there were hardly any decisions available. "It is regarded as an immortal creation of a rare genius," Justice Datta said. .In his speech during the lunch session at the event, Justice Datta interacted with young law students. He advised students to have honey in their tongue to better persuade judges and also to have steel in their body to be able to deal with pressure..He described the three C's on an advocate's duty as being to the Court, his Client, and the Citizen..[Read live coverage of the event]