TODAY’S TOPIC

TODAY’S TOPIC

When Mr. Fali S. Nariman gave me the topic – ‘Canons of Judicial Ethics’ I was a little amused.   Who talks of ethics these days?  And who listens to ethics?        

A patient visited a doctor’s clinic and asked the receptionist – “I want to see a specialist of eyes and ears.

        The receptionist said – “There are doctors of ear, nose and throat and there are doctors of eyes.  There is no specialist who treats both the eyes and the ears.    But then why are you in need of such a doctor?

        The patient replied – “These days I do not see what I hear and I do not hear what I see.”

There are three reasons why I have readily and happily agreed to be here this day speaking on the subject.  First, the year 2005 is an ‘Year of Excellence in Judiciary’.  It is futile to think of excellence in judiciary unless the judges ^__ howsoever highly or howsoever lowly placed ^__ were to follow the canons of judicial ethics.  Thus, the subject becomes inevitably relevant.  Secondly, there is an untold and hitherto unknown affinity between Setalvad and me.  Setalvad too was a teetotaller, vegetarian and non-smoker.  These qualities of his have made me fall in love with him.  Thirdly, I feel nothing could have been more appropriate and befitting the memory of Setalvad ^__ the professional virtues incarnate, than discussing ethics and this I say on the authority of what Mr. Justice V.R. Krishna Iyer had said in a message – “The late Shri M.C. Setalvad was not merely a great jurist and persuasive advocate of international renown but, most importantly, was one of the tallest figures who set high standards for the Bench and the Bar and, by the very power of his presence, made high professional values operational.  Today, when the decline and fall have become deleteriously visible in the two sister professions, the memory of Setalvad will be a necessary admonition.”[4]  Fourthly, no Chief Justice of India would refuse to avail an opportunity for speaking on judicial ethics more so when it is before such an august audience and that too in the memory of Motilal Setalvad.  It would have been unethical on my part if I would not.   Discussion on judicial ethics is a tribute to Setalvad.

The first lecture on Setalvad could not possibly have been on any topic other than ‘Ethics’.  Setalvad is a man who lived by values and not only did he live by values but he also believed in creating values.  He remained ever a lawyer and never became a judge; rather, never agreed to become a judge.  His life story is full of anecdotes delivering messages worth being emulated by the lawyers and the judges.  An anecdote or two[5], I am tempted to quote.

In 1956, Setalvad was in Hague to appear before the International Court.  The Indian Ambassador there came with a message that Sir Mohammed Zaffarullah Khan, one of the Judges at the Court was anxious to meet Setalvad for old times’ sake.  Setalvad responded firmly by saying that it would be wrong for him to meet a sitting Judge even socially.  Zafarullah Khan tried to speak to Setalvad on phone.  Setalvad was very clear and firm while speaking into the mouthpiece for the sake of courtesy that it would be wrong for him to meet the judge while the case was on.  “We shall meet after the case is over,” he said.⁵

        While staying at 11, Safdarjung Road in the capacity of Attorney General for India he had two telephones, one official and one personal.  Mrs. Setalvad was having tea with him and Setalvad just left the hall to make a call.  The guest present wondered why he did not make a call from the telephone which was there itself.  Mrs. Setalvad explained that Setalvad always made his personal calls from his private telephone and the telephone near hand was the official one.⁵                                  

        During his official visits he would meticulously check all the bills to separate such payments which were his personal and immediately drew a cheque for such amounts.                                                              

        It is well-known that Setalvad publicly disapproved of the former Chief Justice of Bombay accepting a diplomatic post from the Government of India.  He heartily disapproved of the executive branch of the Government holding different carrots to the judiciary.⁵                      

         He would never accept any gifts; not even from his clients.  In the Privy Purse matter his client - a Maharaja – sent him some valuable gifts attractively packed, which he promptly declined to accept, even without touching them and told the carrier – “Tell his Highness if he wants to send the fee, it should be by cheque.”⁵                                             

Motilal had great respect for the judiciary and the judges.  Jai Mukhi was associated with Motilal as his junior.  Mukhi’s brother Parsa was appointed judge of the Bombay High Court.  Soon, on being so appointed, Parsa accompanied Mukhi to Setalvad’s house.  Setalvad was in kurta pyjama and ensconced in his favourite chair.  He lumbered up from his chair and stood erect to exclaim – “A Judge!  One must show respect to a Judge!”⁵                                                                          

Setalvad had asserted Judicial Independence when he was still the Attorney General.  At the Inaugural Session of the Bar Association of India in 1961, he had indicted the Government, with President Rajendra Prasad, Prime Minister Jawaharlal Nehru and Chief Justice B.P. Sinha present on the rostrum in the Vigyan Bhawan.  Setalvad condemned the Governor’s reprieve granted to Nanavati to make the Bombay High Court warrant issued for his arrest unenforceable, when the Supreme Court was seized of Nanavati’s appeal against his conviction for the murder of Ahuja.  After Setalvad’s Presidential Speech, at this Bar function, Jawaharlal Nehru was called upon by Setalvad to inaugurate the Bar Association of India, a voluntary organization of the Bar.  Jawaharlal Nehru was visibly shaken by the powerful public indictment by Motilal Setalvad.  Jawaharlal Nehru fumbled for words as he never used to.  Jawaharlal began: “What can I say?  I am in the position of an accused!”  That was Jawaharlal so full of candour and so transparently sincere.  He did not defend the action of the Government.  He made it quite obvious that his judgment as Prime Minister had gone wrong in taking a responsible decision, in the zeal to protect Nanavati, albeit temporarily.[6] Commitment to professional ethics and professionally honouring the commitment made were the virtue of Setalvad. R.A. Gagrat, Advocate, past President of the Bombay Incorporated Law Society narrates one of his reminiscences.  He had briefed Setalvad in some important cases including the RMDC case which his clients lost in the Bombay High Court.  At that time, there was a rumour that Setalvad would be appointed the first Attorney General for India.  Gagrat went to congratulate him and also told him that on behalf of RMDC, an appeal was being filed in Supreme Court.  The information was a reminder to Setalvad and also an underlying request to Setalvad to inform in his turn the Government to that effect.  Gagrat also requested Setalvad to appear for his clients in the Supreme Court and not to take up the matter on behalf of the Government.  Setalvad expressed thanks to Gagrat for the information and told him that he would speak to the Government about it.  Setalvad kept his promise and appeared for RMDC in the Supreme Court.[7] 

While working on the material for the memorial lecture of today I have realized what the meaning of the title “My Life, Law and Other Things”  - title which Setalvad gave to his autobiography ^__  is.  His ‘life’ is, of course, the core of the book.  The ‘law’ is in plenty in it to read.  What was not clear to me earlier was ‘other things’.  Now, I understand these ‘other things’ available in the book, are just the ‘Canons of Judicial Ethics’. 

xxxx