By JUSTICE G.R.SWAMINATHAN

Indian judiciary has had several illustrious Chief Justices    Some of them have written their autobiographies.   M.C.Chagla who became the Chief Justice of the Bombay High Court upon India attaining independence wrote “Roses In December”.    During his tenure, Morarji Desai was the Chief Minister. No chief justice can remain aloof. There will be several issues to resolve. It can range from sanctioning of budget, approval of proposals to appointments.

Chagla and Morarji Desai agreed that instead of exchanging letters and making notes on files, the best way to solve administrative problems was to meet, thrash them out and come to an immediate decision. It became a practice that almost every Sunday, or every other Sunday, Morarji would come and have lunch with Chagla and after lunch, they would sit down with the files which contain outstanding questions to be decided between the High Court and the government. Chagla recalls that they would take their decisions in less than half an hour. The Chaglas turned vegetarian on those occasions.  

Morarji would however protest that they need not feel compelled to become vegetarians and that he was nol all that sensitive. Chagla remarks that he had a selfish reason for giving Morarji a very good lunch since he was more pliant and manageable after a good meal and it was easier for him to obtain Morarji’s assent to his proposals. Both Morarj i and Chagla liked the game of bridge.  One day Morarji suggested that they play a game together. But the idea fell through because Morarji insisted that he would pray only without stakes. Since Morarji made it a matter of principle, Chagla also insisted that it was his principle to play only for stakes

Justice P.B.Gajendragadkar was the Chief Justice of India when Lal Bahadur Shastri was the Prime Minister.   In his autobiography “To The Best Of My Memory’ , he writes that his relations with Shastri became extremely cordial   and almost personal.   Shastri had partaken meals in the home of Gajendragadkar. The Home Minister also would visit the Chief Justice whenever there was need. The Chief Justice would visit the Prime Minister’s bungalow in the evening after his appointments were over so that he should not have to wait. Gajendragadkar narrates an unfortunate incident where Shastri played smart at his expense to secure the resignation of T.T.Krishnamachari, who was his cabinet colleague

Shastri wanted Justice P.B.Gagendragadkar to look into the allegations made against TTK and tell him if they disclosed prima facie case. Justice P.B.Gagendragadkar declined the request on the ground that TTK was his personal friend. He was also not willing to take up the work since he had only a short period of tenure remaining. Shastri was persistent and wanted the CJI to suggest the name of a senior judge. Justice P.B.Gagendragadkar passed on the papers to Justice Wanchoo who looked into the papers and two days later informed the CJI that some of the charges appeared frivolous while some prima facie needed investigation.

Justice P.B.Gagendragadkar reported to Shastri what Justice Wanchoo thought and went away to Calcutta. When Justice P.B.Gagendragadkar was in Calcutta, Shastri sent for TTK and told him that since Justice P.B.Gagendragadkar had looked into the papers and was satisfied that prima facie case was disclosed, he would request the CJI to hold the enquiry TTK felt offended and made it clear that he would not submit to the enquiry. He left the Prime Minister’s house and sent him a letter of resignation. Frantic calls were received from the Prime Minister’s office and Justice P.B.Gagendragadkar met him the next week.

Justice P.B.Gagendragadkar describes that there was a little twinkle in the eye of Shastri. Shastri said “the induction of your name has had its effect and TTK offered to resign rather than face an enquiry. I offer you unconditional apology for having told him something which was cr//me and which was entirely unfair to you.

Justice P.B.Gagendragadkar did not know what to do. He obviously could not have let down the Prime Minister. He also did not go to TTK and explain the true position. TTK returned to Madras and Justice P.B.Gagendragadkar had no chance to meet him thereafter. TTK subsequently died. Justice P.B.Gagendragadkar felt remorseful that a personal friend of his with whom his relationship was very cordial died under a misapprehension that he was prepared to hold an enquiry against him. He writes, “This is one of the ironies of life and I will carry that regret to my grave”

I cite these two illustrations from the lives of two very illustrious judges to dFiVe home the point that there is nothing amiss in the Chief Justice and the Prime Minister meeting each other in the privacy of their homes.

* JUSTICE G.R.SWAMINATHAN,
JUDGE, MADRAS HIGH COURT.