It is always in jest or laughter that references are made to the 1st of April – April Fools' Day – a day when practical jokes are customarily a part of life. For the banker, it is the beginning of the new financial year. For the history buff, it is the day on which Adolf Hitler was sentenced to five years imprisonment for his participation in the Beer Hall Putsch. The day, however, commemorates the birth anniversary of two legends of the law who walked the corridors of the Court – both of whom served as Advocate General of their respective States, Solicitor General of India and finally Attorney General for India. In style, they were starkly different. I speak of C.K. Daphtary (born on 1st April 1893) and Lal Narayan Sinha (born on 1st April 1907).
C.K. Daphtary's penchant for wit and humor are folk lore in the corridors across Courts – as also is his sheer brilliance of advocacy. After being called to the Bar in England, Daphtary joined the chambers of a lion on the Original Side in the Bombay High Court – Sir J.D. Inverarity. Soon, he picked up a large practice in the Bombay High Court. In 1945, Daphtary became the Advocate General of Bombay. His manner of advocacy was direct, and many a times he used humour to make his point. Daphtary had the onerous task of defending the prohibition policy before the Bombay High Court – a policy ideologically close to the Chief Minister Morarji Desai. While making submissions explaining the different types of intoxicants to the Court, when queried about which was the greatest intoxicant, Daphtary nonchalantly said “Power, my Lords”[2] – a direct dig at the Chief Minister, who was not amused when this was reported to him. Daphtary enjoyed his drink and his cigar – often referring to his half-consumed cigar carefully placed outside the Court room as his other part-heard. In 1951, he became the first Solicitor General of India and moved his practice to Delhi. It did not change his directness of advocacy and performed admirably. When Setalvad stepped down 1963, Daphtary was the natural choice to succeed him as Attorney General – an office that he served with distinction – and courage.
“While at the top of the profession, he had hardly any equal at the Bar for persuasive reasoning, and for presenting a case by appealing to the commonsense of the Judge.”[3]
After his tenure at Attorney General, and he was nominated to the Rajya Sabha between 1972 and 1978. It was during this period that he strongly took up cudgels against the supersession of Judges in April 1973, and is reported to have remarked that “the boy who wrote the best essay got the first prize”[4] He was a staunch opposing voice to the 42nd Amendment in the Rajya Sabha – during a period when the opposition benches remained occupied in jail. At his passing in 1983, Chief Justice Y.V. Chandrachud remarked:
“His methods were straight and simple and he went about his business unruffled, with a minimum fuss. Indeed, as an advocate he had few equal and as a lawyer he had few superiors. He had no pretentions to burning midnight oil over his briefs and yet, he was rarely taken by surprise by an unforeseen situation during arguments. He never put his case too high and quick to admit the defects of his case with a disarming frankness, And I consider it necessary to mention that even at the height of his powers, he never bullied or challenged the Judge. His most formidable weapon was his air of reasonableness and his mastery over words which he used for making his point with the aid of homely similies. He did not challenge. He charmed. And his opponents were not called upon to yield; often the opposition dissolved.”[5]
Fali Nariman wrote:
“Daphtary, who in his time was the greatest exponent of the art of advocacy in India, taught me much. His most impost advice was: 'After you have read your brief and re-read it, take time to reflect. Thin on it. It helps greatly. A good lawyer keeps his important pending cases always in mind-they travel with him, at lunch, at dinner, and when he is out for walks, especially when his out for walks! You must give your subconscious mind an opportunity to soak in a case. And quite often, to your advantage, solutions emerge as if providentially! The human mind is one of God's greatest gifts, and it is up to you to keep the batteries charged!'”[6]
At the Full Court Reference, the then Attorney General Lal Narayan Sinha remarked:
“Providence had planted in Mr. Daphtary many exceptional qualities. He had the gift of a quick grasp of a case and mastery over language. His advocacy was superb. He knew exactly what to say and when to say and even more what not to say. His brilliance combined with his delightful sense of wit and humour and unshakeable integrity gave him a unique personality. His life was gentle, and the elements so mixed in him that nature might stand up and say to all the world, “This was a man.””[7]
Lal Narayan Sinha also distinguished himself and became the fifth Attorney General for India. Born in Gaya on the 1st April 1907, he began his practice on the District Court in Gaya in 1930, before moving to Patna to practice at the High Court in 1939. Within no time, he was at the top of the Patna Bar and was one of the most sought-after lawyers in the High Court.[8] In 1947, he became a Government Pleader, and soon he was offered Judgeship of the Patna High Court to which he initially consented but later withdrew consent.[9] After he became the Government Advocate in 1953, he continuously appeared in the Supreme Court. He was also offered Judgeship of the Supreme Court, unsuccessfully.[10] In 1965, Lalbabu became the Advocate General of Bihar – an office he held till his appointment as Solicitor General in 1972. Chief Justice Ahmadi noted:
“His services were so highly valued that successive popular government of different political hues desired that he continue to serve them as Advocate General.”[11]
He was not a great conversationalist and was very measured with his words – and behind his mild manner was a firm approach. In a matter where Leila Seth was assisting him when he was Advocate General, she recorded her impressions thus:
“Lal Narayan was a man of few words and his arguments were always brief and to the point. His knowledge of English was basic but his exposition brilliant. It was a real pleasure to appear with him and watch his strategy in the case and his handling of the judges' queries. He had a certain equanimity of demenour. He attributed this to the fact that as a young junior he travelled to court every morning in a carriage with his father-in-law, who wasn't particularly punctual. Lal Narayan would mentally will the horse to move faster so that he could be in time for court. This morning ritual made him very tense, until one day he realized that it was a matter beyond his control, and he learnt to relax.”[12]
Brevity in argument was his great virtue. Upon his appointment as Solicitor General, Lalbabu moved to Delhi, and was the Solicitor General up to 1977 – when the Janata Party Government came to power. As Solicitor General, he appeared on behalf of the Government in the seminal case of Kesavananda Bharati along with Seervai and Attorney General Niren De. On short notice, he was even called upon to argue Indira Gandhi's Election case, when the Niren De took ill – which he did with great ease.[13] In 1979, he became the Attorney General succeeding S.V. Gupte. It was a great matter of coincidence that S.N. Kackar, who succeeded Lalbabu was Solicitor General, was Law Minister when Lalbabu became the Attorney General. In his capacity as Solicitor General and Attorney General, Lalbabu appeared in many matters for the Government. He was an exceptional lawyer in every branch of law – except criminal law.[14] In 1983, he resigned as Attorney General and continued private practice. He also served as a constitutional advisor to Prime Minister Indira Gandhi. A great practitioner of yoga, he was a firm believer of Homeopathy, and an enthusiast of Urdu gazals. He passed away in February 1995. At the reference of the Full Court, Chief Justice Ahmadi said:
“Nature was kind to him. He was a man of dignity, yet his dignity was a natural manifestation of a great soul rather than any conscious effort on his part. He had the modesty, simplicity and tenderness of an innocent child, yet the firmness of a rock which made him a force to reckon with in any cause in which he believed. To the members of the Bar and the Bench, nay to all with whom he came in contact, he manifested a tender considerate spirit which held him win friends…He thus presented a combination of dignity of character with great simplicity. He was a gentleman to the core, simple, courteous and polite and carried his office lightly. He was like Webster in weight of thought.”[15]
Recently, the Supreme Court unveiled a portrait of Lal Narayan Sinha. His legal prowess and simplicity enabled him to command respect of the Bar. Till date, he remains the only Attorney General from Bihar.
It is an extraordinary coincidence that these two great stalwarts born fourteen years apart – different from each other as chalk is from cheese – had a similar career path. In manner they were different. In form they were different. But in integrity and dignity they were alike. They upheld the highest traditions of the Bar.
Views Are Personal.
Author is Advocate on Record in the Supreme Court of India. Author would like to place on record my deepest sense of gratitude to Justice B.P. Singh and Mr. Raju Ramachandran for sharing their wisdom and for their guidance. Errors, if any, are mine. ↑
V. Sudhish Pai, Legends in Law: Our Great Forebears, Universal Law Publishing Co. Pvt. Ltd., New Delhi Page 285. ↑
Full Court Reference in the Memory of Late Mr. C.K. Daphtary by the Hon'ble Chief Justice of India on 21.02.1983. ↑
V. Sudhish Pai, Legends in Law: Our Great Forebears, Universal Law Publishing Co. Pvt. Ltd., New Delhi, Page 293 ↑
Full Court Reference in the Memory of Late Mr. C.K. Daphtary by the Hon'ble Chief Justice of India on 21.02.1983. ↑
Fali S. Nariman, Legally Speaking: Insights from a Life of Law, Hay House India, New Delhi, Page 63. ↑
Full Court Reference in the Memory of Late Mr. C.K. Daphtary by Shri. Lal Narain Sinha on 21.02.1983. ↑
S.K. Katriar, The Patna High Court: A Century of Glory, Universal Law Publishing Co. Pvt. Ltd., New Delhi, Page 251-252 ↑
S.K. Katriar, The Patna High Court: A Century of Glory, Universal Law Publishing Co. Pvt. Ltd., New Delhi, Page 252 ↑
P.B. Gajendragadkar, To The Best of My Memory, Bharatiya Vidya Bhavan, Bombay, 1983, Page 153 ↑
Reference in the Memory of Late Shri. Lal Narayan Sinha, Former Attorney General for India by Hon'ble Shri. A.M. Ahmadi, Chief Justice of India on 08.03.1995. ↑
Leila Seth, On Balance: An Autobiography, Penguin Books, New Delhi, 2014 Reprint, Page 133. ↑
Reference made by Mr. Milon Kumar Banerjee, Attorney General for India on the Passing Away of Mr. Lal Narayan Sinha, Former Attorney General for India on 08.03.1995. ↑
S.K. Katriar, The Patna High Court: A Century of Glory, Universal Law Publishing Co. Pvt. Ltd., New Delhi, Page 251-252 ↑
Reference in the Memory of Late Shri. Lal Narayan Sinha, Former Attorney General for India by Hon'ble Shri. A.M. Ahmadi, Chief Justice of India on 08.03.1995. ↑