Condolence Records

Condolence References
Sr.No. Particulars Pages

1. Order of the Registrar General dt 28.4.2004 regarding Full Court reference on 1
29.4.2004 in the Court room of HCJ to condole the sad demise of late Mr.
Justice D.R. Khanna, retired Judge of this Court.
2. D.O. letter dtd. 7.5.2004 address.ed to Sh. Sanjiv Khanna, Advocate to 2
forward the copies of references made by the President, DHCBA, ASG of
India, Standing Counsel (Criminal), Govt. of Delhi.
3. Full Court Reference on the sad demise of late Mr. Justice D.R. Khanna, 3-5
retired Judge of this Court.
4. Reference made by Sh. K.K. Sud, ASG of India,on the sad demise of late Mr. 6-8
Justice D.R. Khanna, retired Judge of this Court.
5. Reference made by Sh. A.S. Chandhiok, President, DHCBA, on the sad demise 9-12
oflate Mr. Justice D.R. Khanna, retired Judge of this Court.
6. Reference made by Sh. V.K. Shali, Standing Counsel (Civil) on the sad demise 13-14
of late Mr: Justice D.R. Khanna, retired Judge of this Court.
7. Letter dtd. 26.7.2004 of Secretary, DHCBA intimation regarding demise of Sh. 15
Bipin Behari Lal, on 24.7.2010.
-
8. D.O. letter dtd. 28.7.2004 addressed to Sh. Akshay Bipin, Addl. Standing 16-30
Counsel (criminal) to forward the copies of references made by the Full
Court, President, DHCBA, ASG of India & Standing Counsel (Criminal), Govt.
1----
of Delhi.
9. D.O. letter dtd. 24.5.2005 addressed to Mrs. Kalpana Raval, Advocate to 31-45
forward the copies of references made by the Full Court, President, DHCBA,
ASG of India & Standing Counsel (Criminal), Govt. of Delhi on 2.5.2005 on the
demise of Late Sh. Kirit N. Raval, former Solicitor General of India
f--
10. D.O. letter dtd. 18.7.2005 addressed to Mr. D.5. Narula, Advocate to forward 46-62 .
the copies of references made by the Full Court, President, DHCBA, ASG of
India & Standing Counser (Criminal), Govt. of Delhi on 07.078.2005 on the
demise of Late Sh. Ranjit Singh Narula, former CJ of Punjab and Haryana f-;lc. ._-
11. D.O. letter dtd. 18.7.2005 addressed to Mr. Gurinder Singh Sistani, Advocate 63-76
to forward the copies of references made by the Full Court, President,
DHCBA, ASG of India & Standing Counsel (Criminal), Govt. of Delhi on
11.7.2005 on the demise of Late Sh. N.S. Sistani, Sr. Advocate.
12. D.O. letter dtd. 30.11.2005 addressed to Mr. Anoop Sharma, Advocate to 77-92
ASG of India & Standing Counsel (Criminal), Govt. of Delhi on 30.11.2005 on
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the demise of Late Sh. G.c. Sharma, Sr. Advocate.
13. Letter of thanks received from Sh. Vipin Sanghi, Sr. Advocate 93
f-------
14. D.O. letter dtd. 17.1.2006 addressed to Mr. Vipin Sanghi, Sr. Advocate to 94-110
f---"':-
the demise of Late Sh. G.l. Sanghi, Sr. Advocate.
15. D.O. letter dtd. 22.3.2006 addressed to Mr. Sunjyiev Mahajan, to forward 111-124
the copies of references made by the Full Court, President; DHCBA, ASG of
India & Standing Counsel (Criminal), Govt. of Delhi on 16.3.2006 on the
demise of Late Ms. Swarna Mahajan & sister Ms. Anuradha Mahajan,
Advocates.
16. Brief and D.O. letter dtd. 21.4.2006 addressed to Mrs. Sumitra Bhalla, to 125-137
f--.~.
the demise of Late Sh. Bawa Shiv Charan Singh, Sr. Advocate.
17. D.O. letter dtd. 30.11.2005 addressed to Ms. Lal Bharti, to forward the 138-160
copies of references made by the Full Court, President, DHCBA, ASG of India
& Standing Counsel (Criminal), Govt. of De~hi on 29.9.2006 o,n the demise of
Late Sh. K.l. Arora, Sr. Advocate.
18. D.O. letter dtd. 2.11.2006 addressed to Mrs. (Dr.) Santosh Chawla, to 161-185
the demise of Late Sh. T.P.S. Chawla, retired Chief Justice of Delhi High Court.
19. Brief and D.O. letter dtd. 9.11.2007 addressed to Mrs. Neelam Jain, to 186-205
ASG of India & Standing Counsel (Criminal), Govt. of Delhi on 8.1.2007 on the
demise of Late Sh. R.K. Jain,Sr. Advocate. _.-
20. D.O. letter dtd. 12.3.2007 addressed to Mrs. Saraswati Thakur, to forward 206-232
demise of Late Sh. D.O. Thakur, Sr. Advocate of Supreme Court.
21. D.O. letter dtd. 23.3.2007 addressed to Mrs. Brij Bala Jain, to forward the 233-246
copies of references made by the Fu~1 Court, President, DHCBA, ASG of India
& Standing Counsel (Criminal), Govt. of Delhi on 15.3.2007 on the demise of
Late Justice P.K. Jain, former Judge of this Court and Punjab & Haryana H.e.
22. D.O. letter dtd. 12.10.2007 addressed to Ms. Ruby Anand, to forward the 247-257
. & Standing Counsel (Criminal), Govt. of Delhi on 1.10.2007 on the demise of
Late Justice H.L. Anand, former Judge of this Court.
23. D.O. letter dtd. 12.10.2007 addressed to Dr. A.M. Singhvi, to forward the 258-270
& Standing Counsel (Criminal), Govt. of Delhi on 11.10.2007 on the demise
of Late Dr. L.M. Singhvi, Sr. Advocate, Supreme Court.
24. D.O. letter dtd. 12.12.2007 addressed to Smt. Asha Pathak, to forward the 271-285
& Standing Counsel (Criminal), Govt. of Delhi on 04.12.2007 on the demise
of Late Justice R.S. Pathak, former Chief Justice of India.
25. D.O. letter dtd. 23.1.2008 addressed to Smt. Savitra Khanna, to forward the 286-297
& Standing Counsel (Criminal), Govt. of Delhi on 16.1.2008 on the demise of
Late Sh. P.e. Khanna, Sr. Advocate.
26. D.O. letter dtd. 3.5.2008 addressed to Maj. General V.K. Khanna, to forward 298-313
.
demise of Late Justice H.R. Khanna, former Chief Justice of this Court.
27. D.O. letter dtd. 17.3.2008 addressed to Smt. Krishna Bhandari, to forward 314-324
the copies of references made "by the Full Court, President, DHCBA, ASG of
demise of Late Sh. S.N. Bhandari, Sr. Advocate.
28. D.O. letter dtd. 31.3.2008 addressed to Smt. Shanti Devi Sikri, to forward 325-335
demise of Late Sh. N.e. Sikri, Sr. Advocate.
29. D.O. letter dtd. 18.8.2008 addressed to Dr. Justice Dhananjaya v. 336-352
Chandrachud, to forward the copies of references made by the Full Court,
President, DHCBA, ASG of India & Standing Counsel (Criminal), Govt. of Delhi
on 25.7.2008 on the demise of Late Justice V.V. Chandrachud, former Chief
Justice of India.
30. Reference made by'Sh. P.P. Malhotra, ASG, Full Court, President, DHCBA & 353-371
Full Court reference made by HMJ A.P. Shah, Chief Justice on the demise of
Sh. Gopal Narayan Aggarwal and Sh. R.L. Mehta, Advocates.
31. D.O. letter dtd. 6.3.2009 addressed to Smt. Shanti Devi Sikri, to forward the 372-386
& Standing Counsel (Criminal), Govt. of Delhi on 21.2.2009 on the dem.ise of
Late Justice J.D. Jain, former Jude of this Court.
32. Letter dt.7.7.2009 & 9.7.2009 received from Sh. D.K. Sharma, Hony. Secy., 387-388
DHCBA intim~tion regarding demise of Sh. Pt Jai ram Singh and Sh. R.D. Jolly,
Sr. Advocates.
33. D.O. letters dtd. 16.7.2009 addressed to Mr. Mohit Jolly, Advocate and 389-402
Sh.N.S. Vashisht, Advocate to forward the copies of references made by the
Full Court, President, DHCBA, ASG of India & Standing Counsel (Criminal),
Govt. of Delhi on 15.7.2009 on the demise of Late Sh. Pt Jai ram Singh and
Sh. R.D. Jolly, Sr. Advocates.
34. Speech of Hon'ble the Chief Justice in Full Court Reference held on 403-406
17.12.2009 on the sad demise of Sh. Sudhir Kumar Luthra, Sh. Devinder
Kumar Kapoor and Sh. Vogesh Jain, sr members of the Bar.
35. D.O. letter dtd 16.3.2010 addressed to Sh. Aman Lekhi, Sr. Advocate, to 407-424
ASG of India & Chairman Bar Council of Delhi on 2.3.2010 on the demise of
Late Sh. P.N. Lekhi, Sr. Advocate. Alongwith resolution passed by the DHC!3A
to pre-pone the time of reference to 12.30 p.m. in the particular matter.
36. Letter dt.20.07.2009 received from Sh. D.K. Sharma, Hony. Secy., DHCBA 425-427
intimation regarding demise of Sh. Milon K. Bannerjee, Sr. Advocate &
Attorney General of India and Sh. K.K. Sareen, Chairman, Bar Council of Delhi.
37. Letters dt.20.07.2010 received from Sh. D.K. Sharma, Hony. Secy., intimation 428-429
regarding demise of Late Sh. K.K.Sareen.
38. Copy of resolution passed by the Bar Council of Delhi in its condolence 430
meeting dtd. 19.7.2010 on the demise of Sh. K.K. Sareen, Chairman, Bar
Council of Delhi.
39. Letters dt.20.07.201,0 received from Sh. A.S. Chandhiok, President, DHCBA 431-432
intimation regarding demise of Late Sh. Milan K. Bannerjee, Sr. Advocate
40. Full Court reference speech of Chief Justice, speech made by the member of 433-445
Bar Council of Delhi and Sh. A.S. Chandiok, President, DHCBA on 27.7.2010 on
the demise of Sh. Milan K. Bannerejee and Sh. K.K. Sareen.
41. : D.O. letters dtd 27.7.2010 addressed to Sh. Gourab Bannerjee, Addl. Solicitor 447-448
, General of India and Mrs. Kiran Sareen to forward the copies of references
made by the Full Court, President, DHCBA, ASG of India & Chairman Bar
Council of Delhi on 27.7.2010 on the demise of Sh. Milan K. Bannerejee and
Sh. K.K. Sareen.
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HIGH COURT OF DELHI

FULL COURT REFERENCE ON THE
SAD DEMISE OF MR. JUSTICE
D.R.KHANNA, A FORMER JUDGE OF
THIS COURT.
Mr. President and Secretary of the High Court Bar
Association, Additional Solicitor General of India, Standing
Counsel for Central Government and Government of NCT of
Delhi, Chairman, Bar Council of Delhi and other Learned
Members of the Bar ladies and gentlemen.

I
Today we have assemb led here to pay homage. to late
Mr. Justice D.R.Khanna, a former Judge of this Court who
breathed his last on 28 th Apri I, 2004.
F' ,
Justice D.R.Khanna was born on 17th October, 1923.
After completing his education, he was apPoiflted as
Subordinate Judge in Punjab on 23 rd November, 1950. He I
was promoted as Additional District & Sessions Judge in
Punjab. In May, 1971, Justice D.R. Khanna was appointed as
, I
confirmed Additional District & Sessions Judge, Delhi.
Justice Khanna functioned as Judicial Member, Income Tax
Appellate Tribunal during the period 1971 to 1977. He was
appointed as Sales Tax Appellate Tribunal, Delhi on 18

th
March, 1978. Justice D.R.Khanna was appointed as an
Additional Judge of this Court on 19th October, 1979. He
retired on 17th October, 1985.
Justice D.R.Khanna was a Judge of simple habits. He

..f
"-- was very reserve in nature but dedicated to his work. He
always adhered to his principles. His judgments were lucid
and to the point. He was really a self-made man, who rose
to occupy high Constitutional office of Judge of this Court
with his hard work with great glory and was dedicated and
devoted to the cause of justice.
In the death of Justice D.R.Khanna, we have lost one
of the most versatile members of the legal fraternity. His
death must be a grievous loss to the members of his family.
We send our heartfelt condolences to them and pray to God

to give them strength to bear this irretrievable loss. May,
the Almighty bestow peace to the departed soul.
( REFERENCE BY MEMBERS OF THE BAR)
Now, I request you all to pay homage to the memory of
late Mr. Justice D.R.Khanna by standing in silence for two
minutes.
April 29,2004
( B.C. PATEL)
CHIEF JUSTICE
THE COURT IS ADJOURNED FOR THE REST OF THE

DAY.
I I
~ +nIT - fll~fue:<
~
ADDITIONAL SOLICITOR GENERAL
K.K. SUD INDIA
Tel. 23389950(0) 443, Lawyers' Chambers
Deihl High Court
New Delhi-ll 0003 .
29 th Apnl, 2004
REFERENCE
My Lord, The Hon 'ble Chief Justice and the Hon 'ble Judges of Delhi
High Court, Chainnan, Bar Council of Delhi, President, hI; Amarjit Singh
Chandhiok, SecretalY and other office bearer of Delhi High Comt Bar
Association, Standing Counsel for Govemment of India and Govemment of
National Capital Territory of Delhi, my colleagues at the Bar, Ladies aIld
Gentlemen.
We have assembled here today to pay homage to the departed sou] of
Hon'ble Mr. Justice D.R. Khanna who died suddenly on 27.4.2004 at Delhi.
His Lordship wa bom on October 17, 1923. He Graduated from Punjab
University from Amritsar. He had a handicap in his childhood for which he
underwent number of surgelies as a result of which his one leg had to be
sh Olten ed. He developed pluracy in 1945 at the age of23 years and only after
recovery, joined Law College at Lahore in ] 946. Tnspite of hi handicap he
was the Badminton Champion of Law College, Shimla 1948-49. After
partition he completed his law degree from Shimla Law College. In the year
1950 he passed the PCS (Judicial) Examination and was posted as Ci viI
~
Judge, Hoshiarpur (Punjab).~ri~~ Weston the Hon'ble Chief Justice of
United Punjab on inspection deeply appreciated the work of Justice Khanna.
He was promoted Additional District & Sessions Judge, in Punjab on
24.6.1967 and thereafter acted as such at Delhi. He was confinned as
Additional District & Sessions Judge, Delhi in May, 1971 and was absorbed
in the Delhi Higher Judicial Service. He was Judicial Member, Income Tax
Appellate Tribunal from March, 1971 to 1977. He held the position of
Chainnan, Sales Tax Appellate Tribunal, Delhi, on 18.3.1978. He was
appointed Additional Judge Delhi High Court on 19.10.1979 and retired on
17.10.1985.
Contributions of Mr. Justice Khanna for enriching the law is a subject
matter of appreciation by both Bench and Bar. No branch of law was left
untouched by him. Even as a Member of the Income tax Appellate Tribunal
and Sales Tax Appellate Tribunal, the judgements which he rendered were
flawless. After his appointment as a Judge of this High Court he endeared
himself both to the Bench and Bar. He was known for humility, integrity and
expeditious disposal of cases. He suffered from no prejudice and he had no
weaknesses except for the cause of justice and the litigant. He was
painstaking while writing judgements. There was no occasion for any lawyer
or a party to feel that any submission made or precedent cited has gone
unnoticed. He never believed in postponing the hearing of the cases
howsoever tangled or heavy the same may be. He was always unhappy on
(!:
anyone seeking unnecessary adjournments though always prepared to
accommodate evety member of the bar. Sophistication, humility and serenity
was an enviable quality of his personality. He was unfortunate in loosing his
wife Mrs. Saroj Khanna in early life who was a professor in Lady Shriram
College, Delhi. He has left behind his illustrious son Shri Sanjiv Khanna who
is practising in this Court and is a Senior Standing Counsel for the Income
Tax Department who has made a mark in the profession. His Lordship's
other son Shri Mahim Khanna is a Cost and Works Accountant and M.S.C. in
International Shipping. He is presently working as a General Manager,
Operation, Mersk, Sydney, Australia. We shall always remember fairness,
simplicity and humility of Mr. Justice Khanna.
I pray to Almighty God to give peace to the departed soul of Hon 'ble
Mr. Justice D.R. Khanna and strength to the member his family to bear the
loss. I beseech your Lordship to convey the heartfelt sympathesies and
condolences on behalf of all the Law Officers of Union of India and Central
Govt. Advocates and myself.
t~~
(K.K. SUD)
Additional Solicitor General of India
New Delhi.
My Lord, the Hon'ble Chief Justice, Your Lordships, Additional Solicitor
General of India, Secretary and other office bearers of Delhi High Court Bar
~. ~~ ICk..-., ~--l.. ....,'\~ ~.l'~c..I/ \<w-.'"
Association, Standing Counsel for Government of India and Government of
National Capital Territory of Delhi, my colleagues at the Bar, ladies and
gentlemen.
Separation is always painful. We all have been separated for ever as per the
Will of the Almighty from MrJustice D.R.Khanna, a retired Judge of this
Hon'ble Court, on 28.04.04. I appeared before him only on 21.04.04 in an
Arbitration matter. He was hale hearty and full of spirits. One never thought
that destiny would snatch him from us so soon.
"Great men" are the guide posts and landmarks in any society. The
population of this country IS accelerating, but the numbers who fit tnat
description are rapidly diminishing; to me, this is the single most alanning
aspect of our Indian polity - the marked decrease of men and women who can
be reckoned as guide posts and landmarks in our society. There is now one
less to be counted in the reckoning.
I saw Justice Khanna successfully climbing the judicial ladder from 1972 as an
Additional District Judge, presiding Judge of various1i"ibunals, to a Judge of
this Hon'ble Court in October. 1979.
Justice Khanna possessed great legal acumen, ethical esteem and photogenic
memory. He was courageous and epitomised integrity and knowledge. The
Legal fraternity will always remember the monumental contribution of Justice
D.R .. Khanna to the development of Justice system'.
Presiding as a Judge, His Lordship was always concerned about the delays in
administration of justice and gave practical expression to his concern by
deciding matters early. While the dispensation of justice, is nearly always late,
in the case of Justice Khanna, it was, on many occasions perhaps early, but
never late. His Lordship's anxiety to expedite the final disposal of the matters,
however, never made the Members of Bar feel uncomfortable or annoyed. His
Lordship's attitude towards Bar was very accommodative without
compromising the speed of the disposal. His Lordships never made
observations which were derogatory to the dignity of the Bar or hurt the esteem
of the lawyer appearing before him. He shall be held in high esteem for his
uniform courtesy, extreme cool temper, without fire or fervour of a high strung
mind and untiring patience to hear to the cobweb of arguments in different
cases.
To the middle section of the Bar he would advise, "Do not look back or
restrain your oars, strive for more and better". To the Senior section of the
Bar, he often appealed that it was their responsibility to help the development of
the Bar for providing incentives to the juniors.
Like a professor, he would teach the youngsters, the well known Seven Lamps
of Advocacy - as advocated by Appert Parry, viz honesty, courage, industry,
wit, eloquence, judgement and fellowship along with worthy character and
exhorted them to practice these in their professional life. He was of the view,
that lawyers must keep the silver lamp of learning trim and bright and not to
remain a mere professional robot.
2
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",-11' .....
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, '
To the members of Subordinate Judiciary, he advised t}lt(ft1 to be straight-

forward, honest, fearless, not to conduct themselves with over bearing attitudes
but with kindness, courtesy and smile.
He was a jurist in the complete sense of the term~ he lived the life of law and
justice. Unsurprisingly, he was an effortless exemplar of judicial virtues.
Possessing an unsurpassed grasp of comparative juriS/prudence, he wore his
learning lightly. His disdain for purple judicial prose arose out of mastery of
judicial style. Justice Khanna, believed that judicial power is most effective
when it is sensible of its limits~ and although not an arch-conservative, he
gladly subscribed to the growth of judicial power, in Edmund Burke's
prescription, by "insensible degree".
His retirement in 1985 was a great disappointment: not only because one liked
to appear in his court, but particularly because he was a moral human being.
After all, consistency of the moral dimension is the true measure of greatness in
every human soul.
Even as an Arbitrator, he was well known for his easy, humble and flexible
nature. You only had to explain your difficulty on phone to him and the matter
,-- would be adjourned. No throwing tantrums, no holding of forcible hearings, no
insistence on Counsel appearing, no raising of fat bills. No wonder, he was one
the most sought after Arbitrator.
MrJustice Khanna's sincerity and integrity was, to say the least, legendry. His
manner of conducting the proceedings, be it be court or arbitration, reflected the
above qualities. No action of his could ever be construed as being biased or
3
prejudiced. He would judge and test all arguments in the crucible of justice and
fair play, and only then pass judgment.
I pay my tribute to him and salute him. Writing about a good life is easy, living
one is more difficult. Justice Khanna lived the good life - he was the legal
fraternity's noblest soul. Like a redwood tree he stood tall and majestic.
We have the privilege of having his son Mr. Sanjiv Khanna as a member of our
Bar; an eminent lawyer. I fervently hope and pray that the bereaved family can
muster enough strength to bear this loss with courage and fortitude, and, we will
do just anything to mitigate their sense of loss. In the words of Ibrahim
Lincoln:
"The world will little note nor long remember what we say here, but
it can never forget what he did here. It is for us, the living, to be
dedicated here to the unfinished work which he ... so nobly
advanced. "
I, on behalf of Members of Delhi High Court Bar Association and on my own"

request your Lordships to convey our deep feelings, sorrow to the bereaved
family members. May his soul rest in eternal peace.
A.S.Chandhiok
President
Delhi High Court Bar Association
29.04.2004
4
..
29TH APRIL" 2004
REFERENCE IN MEMORY OF LATE SHRI D R .:HANNA"
FORMER JUDGE OF HIGH COURT OF DELHI BY V K SHALl"
STANDING COUNSEL (CIVIL) GOVT OF NCT OF DELHI.
1. My Lord Hon'hIe the Chief Justice" Hon'bIe
Judges of the High Court, President of the High
Court Bar Association" Additional Solicitor General
of India Standing Counsel, Govt of India and
respected members of the Bar.
2. Today we have assembled here to pay
a former JUDGE o·f
this Court, who left for his heavenly abode on 28TH
APRIL,,2004.
Mr.Justice Khanna was born on 17th
October" 1923. After finishing his LL.B" he
passed his PCS judj.cial examination from Punjab in
1950. He was initially posted as a SUBORDINATE
JUDGE in Hoshiarpur and later on to different parts
of undivided Punj ab. He was promoted as;. AODITIOt.IAL
DISTRICT & SESSIONS ,JUDGE, Punjab on 24th June,
1967. He got absorbed in DELHI HIGHER JUDICIARY
SERVICES on its constitution in 1970. He also
worked as a JUdicial Member of the Incowsa Tax
Appellate Tribunal from 1971 to 1977 and the
Presiding Officer of the Sales TidX Tribunal 'for a
year or so in 1978-79.
"I I - ,
(~~'
4. He was appointed as Judge of DELHI HIGH
COURT ot" 1 9TH Oc tober, 1979 and la.id d~n his
office on 17th October, 1985. Justice Khanna left
an indelible mark on account of his legal acumen.
This is reflected from his judgement which one
finds practically on all aspect of law. His
judgment are crisp" clear and in a very 6imple
language. He championed the cause of liberty.
Not only he was a good Judge but he was a good
human being.
-'.
c
Due to his untimely legal
fraterni ty has becOJr.e poorer.
6. Jus.tice t:hanna is survived hy two sons,
one of whom Mr. SANJEEV KHANNA, is practising in
the High Court.
7. I on behalf of Govt of Delhi AND my
colleagues representing the Government in the High
Court of Delhi and on my own behalf express our
heart.-·fel t condolence to the members o·f the
be.r-eaved family and pray to ALMIGHTY to give them
courage to bear this. irreparable loss.
May the departed soul rest in peace I
VKJtt
" I
•
28 th July, 2004
MY LORD, THE HON'BLE CHIEF JUSTICE, YOUR LORDSHIPS,

ADDITIONAL SOLICITOR GENERAL OF INDIA, SECRETARY
AND OTHER OFFICE BEARERS OF DELHI HIGH COURT BAR
ASSOCIATION, STANDING COUNSEL FOR GOVERNMENT OF
INDIA AND GOVERNMENT OF NATIONAL CAPITAL
TERRITORY OF DELHI, MY COLLEAGUES AT THE BAR,
LADIES AND GENTLEMENT:
On 24th of this month, a great f~ly tree fell, leaving the forest
.'
.',
barren.
Shri Bipin Behari Lalll, a revered member of our Bar, left for his
heavenly abode after having lived full and honorable life; He
celebrated his 85 th birthday only last month.
Most of us might have seen him or heard of him, some of us have

known him and yet very few might have known him from close
quarters. I have been fortunate to belong to the last class. In my
formative years of practice, I met him often and each meeting was a
learning experience. For a novice then, each interaction was an
eye-opener.
Born in 1999, LallI Saheb did his Master's in History after his
graduation from Delhi's St. Stephen's. After his graduation in law, he
honed his skills in law from the chambers of the illustrious and
(3)
legendary Mr. Tara Chand Mathur, whose name needs no introduction
to us.
Though not a designated Senior, when it came to criminal law, his

performance possessed the highest mark of excellence combined with a
level of unsurpassed knowledge and erudition. He was a jurist in the
complete sense of the term and lived the life of Law & Justice. Many
stalwarts came from his chambers too. Mr. Justice A.B. Saharya,
(former Chief Justice of Punjab & Haryana High Court) and Mr.
Dinesh Mathur, Sr. Advocate are the two that come to my mind now.
He took pains, as such as for his own learning, to train his juniors too.
LallI Saheb possessed a high level of ethical esteem. Another enviable

quality was his memory. Once pored over, facts and figures were
permanently embedded there. Unfolding them before the Hon 'ble
Court in the light of relevant laws with in-depth analysis were a sight to
witness and a feast to the intellect. Those who had the occasion to
watch Mr. Lall in court would be disappointed if they imagined to
~ fire works; he was glowing like an ~ slowly but surely
divorcing opposition without any big bang, unlike many present day
lawyers.
His ability to open new frontiers in criminal jurisprudence was

commendable. He dared to take the unknown routes and bring in
newer aftd newer insights. He was never content with what was
2
• •
Cfi)
provided in decided cases, he always tried to reach out for something
new, higher and better and sought light from various provisions of the
Statutes. He manifested a rapid and penetrating perception of legal
problems which he tried to resolve not from the light of the past but by
•
exploring new ideas especially in relat~ to trials .
.IWt
He was reliable and solid as Oak. State and Central Governments, CBI
and other bodies sought his assistance in many a case. He contributing
in may commissions of enquiries. The finest examples are his
appointment as Special Public Prosecutor in Sanayal murder case,
Kashmir conspiracy case, and Indian Airlines Highjack case. He also
had the distinction of being a defence counsel in the one of first bride-
bring cases, viz., Meena Tandon case. To cite, there are many more
and that is not the intention here.
Mr. Bipin Behari Lall was multifaceted ad multi-gifted personality, a

soft spoken figure and serenity. Candles may not be SU\n., but they also
give light. Some people in their own small wayBn lighten the path of
those whom they enhance and make small heavens. He was an
inspiration in whatever form and manner one came in his contact. He
was goodness personified, wh~ presence anywhere filled the air with
his fragrance.
Shri LallI was President of Delhi Bar Association, one of Asia's biggest
Bar Associations and showed great qualities of leadership.
3
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'
We have, amongst us, a promising lawyer from his own lineage, his son
Akshay. Like father, like son, so goes the saying. Akshay has settled
his foot on the criminal side. Our hearts go to him. May he grant him
and other members of the family enough strength to bear the loss. Let
them cherish the good memories of LallI Saheb and steer ahead with
more enthusiasm and interest.
A flame that burnt bright, ami will glow forever in our memories. For
me personally, loss of LallI Saheb is a situation difficult to reckon with,
a feeling that chokes the throat. My silent salutation to the departed
senior - may his soul rest in peace.
I, on behalf of the Delhi High Court Bar Association and on my own,

request your Lordships kindly to convey our heartfelt condolences to
the bereaved family.
L
(A.S. CH~OK)
Presidynf
DeHfl High Court Bar Association
4
r~
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• •. I f
\
My Lords, Hon'ble the Chi'erJustice of High Court of Delhi Mr. Justice B.C.
Patel, Hon'ble Judges of the Hon'ble High Court, Shri A.S. Chandiok,
President, and Members of the Executive Committee of the Delhi High Court
Bar Association, Central Government Standing Counsels, Standing Counsels
for the Delhi Administration, my esteemed colleagues Members of the Bar,
Ladies and Gentlemen.
Today, we have assembled here to pay homage to late Shri B.B. Lal.
Shri B.B. Lal was born in Delhi on 18.6.1919. He did his graduation and M.A.
from St. Stephens College, Delhi, and passed Law from Delhi University. In
1946, he enrolled himself as an Advocate of the Lahore High Court. He started
his practice in Delhi in the office of late Shri Tara Chand Mathur, a well-
known and eminent lawyer on the criminal side. After some initial training, he
started his independent practice and soon he was in great demand. He was the
youngest Public Prosecutor appointed in Delhi. He was appointed as Special
Public Prosecutor in several leading cases, including Sanyal Murder Case,
Kashmir Conspiracy Case, Hijacking of Indian Airlines Plane to Dubai. He
was also appointed the counsel for Commission of Inquiry headed by Justice
Chandrachud regarding Deen Dayal Upadhaya Murder Case.

~ p
He practised only on the criminal side and was representing either the State or
the Accused in majority of the criminal cases in Delhi. Justice A.B. Saharia
Former Chief Justice of Punjab and Haryana High Court and Former Justice
R.K. Batta, Retired Judge of the Bombay High Court were from his Chambers.
Mr. Dinesh Mathur, Senior Advocate and Former President of Delhi High
Court Bar Association also belong to his Chamber.
Late Mr. Bipin Behari Lal was well-known to the Bar. He was afriend of the
Bar. He had very pleasing personality. He had a smiling face. Meeting him
was a pleasure.
I happened to know him more intimately since 1973 when he was a leader of a
defence team, which was defending Dr. N.S.Jain. There were about 7 accused,
and I was representing one of the accused. Under the leadership of late Shri
B.B.Lal, our defence team used to meet almost every week and strategy for
cross-examination and defence was planned. He taught us team work.
Subsequently, after that case, I had opportunities of meeting him on number of
occasions and opposing each other. He would easily. ease the tension in any
court and any situation easily by laughing it out. He was a good host. There
was no stress or tension in opposing him. He took defeat and victory in a case
by smiling and this quality of keeping the smile in any situation will be missed
-),}
by every Member of the Bar. While even walking across the Bar if he was even
20 ft. away from you, he would give a smile.
By his death, the Bar has not only lost an eminent lawyer, but also a noble soul.
I feel the best homage to his memory would be to follow his ideals and
conduct, and keep the Bar tension-free even in difficult situations.
I, on my behalf and on behalf on my colleagues, who are Standing Counsels
and Counsels for the Central Government and esteemed Members of the Bar
pray to the Almighty God to give enough strength and courage to the bereaved
family and his son Akshay Vipin, who is Additional Standing Counsel in this
Court, to bear this irreparable loss.
May I request the Hon 'ble Chief Justice to convey our condolences and feeling
to the bereaved family.
~~W~
(P.P. Malhotra)
Additional Solicitor General
28.7.2004
1'1
-,. .,
• c~~)
OBITUARY REFERENCE BY MS. MUKTA GUPTA~
STANDING COUNSEL (CRL.)~GOVT. OF NCT OF DELHI
Hon'ble the Chief Justice~ Hon' b I t~ Judges ~
Ld. Addl. Solicitor General~ President of High Court
Bar Association~ and esteemed friends.
Death is an ultimate and inevitable end to
the worldly pleasures and agonies? but the intellectual
vibrations of a personality always echo around us and
we often find its glimpses in our walk of Ii f e. On
Saturday afternoon the news of sudden death of resoect-
ed Bipin Bihari Lalji brought a gloom on our faces:.•
Born on 18.6.1919 and having done M.A. 1n History from
St. Stephens College and LL.B. from Law Faculty of the
Delhi University~ he enrolled as an advocate in the
then Lahore High Court in 1944 and continued to Drac-
tice till his death on Saturday the 24th July~ 2004.
It was difficult to reconcile that the towering figure
who was always at our back is no more. Trained in the
office of the legendary criminal lawyer late Shri
Tarachand Mathur of the post independence India~
Lal himself became one of the most leading criminal
lawyers of the country.
Shri Lal as a defence counsel handled
tedious cases of the time to mention a few are the
Bank Van Robbery case in the year 1971~ Vidya
Jain murder case in 1973 and Meena Tandon murder case.
C:ont d ... P 12
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In view of his command in criminal law he was later on
required to handle as Special Public Prosecutor several
leading cases for State and C.B.I. which included the
Sanyal murder case~ where the late Sh. Sanyal~ the then
Solicitor General of India was muydered~ the Kashmir
Conspiracy case~ the Hijacking of Indian Airlines Plane
to Dubai~ Nityanand Dhawan Murder case where Sh.
Nityanand~ who was the then President of Delhi Bar
Association~ was murdered. Not only he acted as Spe-
cial Public Prosecutor in a number of important and
sensational cases~ he was also appointed Counsel to
several Commissions of enquiries including Justice
Mathew Commission of Enquiry enquiring into the sensa-
tional Bomb Blast case in which Sh. Lalit Narain Sinha~
the then Union Railway Minister was the victim. He was
also a Counsel to Justice Chandrachud Commission of En
quiry in Din Dyal Upadhyay murder case.
a leading criminal lawyer~ he trained a eood
number of lawyers who attained eminent positions there-
after like~ Justice A.B. Saharya~ who retired as Chief
Justice of Punjab and Haryana High Court~ Mr. Dinesh
Mathur~ Sr. Advocate and many others. His son Akshay
Bipin is also a noted criminal lawyer and is holding
the fort for the Government of N.C.T. of Delhi as
Additional Standing Counsel (Criminal) in the High
Court.
Contd ... P/3

-- ::: _.
Mr. Lal was a friend of all and was always ready
to help the members of the bar on account of which he
was persuaded tCI hold the positi~ of
Delhi Bar Association in 1968.
the grace with which he conducted
himself. even while opposing him one learnt a lot. He
would miss no chance in explaining the nice-ties of
law to youngsters even though it went against him.
His death is a great loss to the Bench and the
Bar. May I reauest My Lord Hon'ble the Chief Justice to
convey the heart felt condolence to the beloved family
on behalf of the Govt. of NCT of Delhi~ on behalf of my
colleagues representing Government of Delhi and on my
own behalf. May God give the strength to the members of
his family to bear this loss.
~~
STANDING COUNSEL (CRL.)
GoVT. OF NCT OF DELHI
Dated: 28th July~ 2004

FULL COURT REFERENCE ON THE SAD DEMISE OF LATE
SHRI BIPIN BEHARI LAL, ADVOCATE OF THIS COURT.
Mr. President and Secretary of the Bar, Additional Solicitor

General of India, Standing Counsel for the Central
Govemment and Govemment of Delhi, Chairman, Bar Council
of Delhi, Members of the Bar, ladies and gentlemen.
We have assembled here, to moum the death of Shri Bipin
Behari Lal, an Advocate of this Court, who breathed his last
on 24t • July, 2004, at the age of 85 years.
Shri Bipin Bihari Lal was born on 18t • June, 1919. He did
Post Graduation in History from a prestigious College - St.
Stephens, Delhi in 1940. He did Law from University of Delhi.
Shri Lal was enrolled as an Advocate in Lahore In the year
1948. Shri Bipin Behari Lal got training under the guidance of
Late Shri Tarachand Mathur, a legendary on the Criminal side
of post-independence India. By the hard work and devotion,
Shri Lal became a leading member of the Bar. It is well
known that Shri Lal had expertise in Criminal law. He was a
very competent lawyer for conducting trial cases on criminal
side. I am told that Shri Lal handled very important criminal
cases, such as Bank Van Robbery case in the year 1971;
N.S.Jain murder case in the year 1973 and Meena Tandon
murder case. Because of his perfection in the field of
criminal law, Shri Lal was also appOinted as a Special Public

Prosecutor in leading cases by the State and the CBI, such
as Sanyal Murder case, where a Solicitor General of India
was murdered; the Kashmir Conspiracy case; the Hijacking
of the Indian Airlines Plane to Dubai (trial of which was
conducted in Ajmer); and the Nityanandan Murder case
where the President of Tis Hazari Bar Association was
murdered.
I am informed that apart from the leading cases, some of
them have been mentioned by me, Shri Lal was also
appointed as Special Counsel to several Commission of
Enquiries including Justice Mathew Commission and Justice
Chandrachud Commission to enquire into death of the then
Union Railway Minister, Late Shrl L.N. Mishra and the death
of Deendayal Upadhyay respectively.
I am further informed that some of the legal luminaries
which include Justice Arun Bahadur Saharya, (a former
Judge of this Court and retired Chief Justice of Punjab &
Haryana High Court); Justice Ranjit Kumar Batta of Bombay
High Court, Mr. Dinesh Mathur, a Senior Advocate of this
Court and Late Mr. R.L. Tandon, Advocate had an opportunity
to get training under the able guidance of late Shri Blpin
Behari Lal, Advocate.
Shri Lal's knowledge and skill was well known to the
members of the Bar and Bench. He had simple habits. He
'1'1 '
'"
was a man of principles:--While appearing before the Courts,
he was always ready and fully prepared with his cases and
was always found to be hesitant in seeking adjoumments. He
was always friendly with members of the Bar and the Court
staff. In recognition of his professional work, integrity and
devotion for over fifty years, Shri Bipin Behari Lal was
felicitated by the Supreme Court and Delhi High Court Bar
Associations.
He was very considerate to the young lawyers and always

(
...... -
helped them with his expert legal advice as and when sought
for. Shri Lal's integrity and commitment to legal profession
was admired by one and all. Shri Lal was not only an able
counsel but was also a human being with great virtues,
humour and wits ••
In the death of Shri Bipin Behari Lal, we have lost a
, stalwart of legal fraternity. His death undoubtedly is a

- grievous loss to us all, particularly to the members of his
family. We condole the sad demise of Shri Bipin Behari Lal
and share the sorrow with members of his family, in
particular his son Shri Akshay Bipin, a practicing Advocate
and presently Additional Standing Counsel. We all send our
condolence to the members of the bereaved family and wish
them strength to bear this irretrievable loss. May God
bestow peace to the departed soul.

' . .~ /
'-'
FULL COURT REFERENCE ON THE SAD DEMISE OF

LATE SHRI KIRIT N. RAVAL, SENIOR ADVOCATE OF
THIS COURT.
,
~
Mr. President and Secretary of the Bar, Additional
Solicitor General of India, Standing I'Counsel for the
I
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I Central Government and Government of Delhi,
I1 '
Chairman, Bar Council of Delhi, Members of the Bar,
ladies and gentlemen.
We are assembled here this afternoon to mourn the

., .
, IJ :.
I::- I'·i death of Shri Kirit N. Raval, a Senior Advocate of this
Court, who breathed his last on the 26 th April,2005 at
the premature age of hardly 53 years.
Shri Kirit Raval was born on 12th September, 1952.
In the year 1971, Shri Raval graduated in Commerce
Stream with 1st Division from a well-known College of
Ahmedabad, called H.L. College of Commerce. He did his
Masters in Business Administration from the· world
./
renowned Institution, called Indian Institute of
I
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Management, Ahmedabad in 1973. In 1974 he secured
!
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'Ii 1st rank in LL.B examinations from Cfwarat University.
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For a short period, Shri Raval worked as Management
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! ' Consultant between 1973-75.
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He joined the chamber of Mr. B.R. Shah, a Senior
Advocate and joined the bar and started practicing in
I: Gujarat High Court from 1975 and very soon, he proved
I
!
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himself to be one of the most upright and successful
lawyer. Shri Raval represented several large companies,

i
Banks, Financial Institutions, Public Sector
Undertakings and appeared in many Public Interest
Litigation.
it-
f,- Shri Raval was Standing Counsel for the Income
•Tax Department in the State of Gujarat· for a number of

1
! ; years. He was designated as "Senior Advocate" in the
I :
year 1995. He was ap'pointed as Additional Solicitor
General of India on 18th May,1998 where he earned his

I
"11 .. '
1'," : j
, "
• name and fame shortly by frequently appearing before
, "
the Hon'ble Supreme Court of India. It is only because of

1
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hard work and sincerity to duty and devotion, Shri Kirit
i
1J !"
i ,Raval was appointed Solicitor General of India on 5 th
II ;', i November,2002. He was the youngest advocate ever
t' .'
appointed as the Solicitor General of India.
i;
Shri Kirit Raval was expert in all fields of law. His
,
services' were solicited for all types of litigation,
i' I "
before Hon 'hIe Supreme Court of India, various High
I' I I,
Courts including this Court, M.R.T.P. Commission,
Board for 'industrial and Financial Reconstruction. He
proved his legal acumen especially in Constitutional Law,
L Commercial Law, Income Tax, Customs & Central

1. i
,i'
Excise, Labour Law and Environmental Law. He also
;,
appeared ill many cases before National and
International Arbitr~tion. Mr. Raval was professed
choice as Law Officer when large stakes of revenue of
Government was involved. Mter relinquishing office as

.
Solicitor General of India, Shri Raval was in great
demand and he appeared before various High Courts as
well as in the Hon'hle Supreme, Court of India.
Shri Kirit Raval was Chairman of Gujarat National
Law University, a University which introduced five years

, I' I I,
. course in Gujarat State. He took keen interest in
establishing the same.
, He contributed a lot as a counsel in matters of
,unfair trade practice under the M.R.T.P. Act, right of
registered medical practitioners to prescribe drugs,
transaction value and its determination under the
3
Customs Act, cancellation of en mass allotment of petrol
pumps, LPG etc, requirement of sanction or consent for
filing prosecution under the Official Secrets Act,
environment and rehabilitation with reference to Tehri
Dam and sustainable development, and judicial review
with reference to terms of invitation to tender .
. .\: .
Shri Raval was a man of many <;iimensions with
, '
1i unassuming and self-made personality. Apart from the
fact that he was a constitutional scholar, he was a
modest philanthropist and was associated with various
,~. ;.
educational and charitable institutions. These few words
,
are hardly enough to portray his unique qualities and
legal acumen .
. In the death of Shri Kirit N. Raval, we have lost a
stalwart of legal fraternity. His death undoubtedly is a
grievous, loss to us all, particularly, to his family. We
condole the sad demise of Shri Kirit N. Raval and share
the sorrow with members of his family, in particular his
wife Mrs. Kalpana, also an Advocate, who is a regular
practitioner. We all send our deep felt condolences to
I
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,
.
.e members of the bereaved family and wish them
i'
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4
strength to bear this irretrievable loss. May God bestow
i .
peace to the departed soul.
I REQUEST YOU ALL TO PAY HOMAGE TO THE
i' MEMORY OF SHRI K1RIT N. RAVAL BY STANDING IN

,,
SILENCE FOR TWO MINUTES.
- (B.C. PATEL)
May 2,2005 Chief Justice
As a mark of respect to the departed soul, the

I I
Court is adjourned for the rest of the day. '
5
TRIBUTE TO LATE KIRIT N. RAVAL,
FORMER SOLICITOR GENERAL OF INDIA.
FULL COURT REFERENCE: MAY 2, 2005
Hon'ble the Chief Justice, My Lords, Mr; P.P. Malhotra, Additional

Solicitor General of India, Chairman-Bar Council of Delhi, office bearers
of Delhi High Court Bar Association and other Bar Associations, Standing
Counsel for the Government of India and National Capital Territory of
Delhi, respected senior members of the Bar, dear frie~ds, 'ladies and
gentlemen:
On April 2f', Mr. Kirit N. Raval, left for his heavenly abode, after an
incessantly brave fight against a deadly disease for over two years. To
every one's surprise, about a year ago, after a stint of treatment, he
resumed practice with more vigor and renewed enthusiasm. One could
see llim running from one court room to another and that made every
one believe that nothing could ever win a fight with Mr. Raval. He
actively felt as if he could dn anything and unlock the infinite potential
that he learned was inside everyone of us. He started once again to
cherish life and to see the divinity in every aspect of it. However, the
irony was that he never gave up, but the disease got the better of him. He
is no more amongst us. He was too young for the eternal journey, as he
wa~ ::mly 3 Uti ~ . ·:ver 5~. ~;':hen we argue aDd Wil1 or lose cases, l11il.l.
everlasting joker of time, death, follows us closely, with a winking eye

and a mischievous murmur - "wait! Next is you and I will give you no
room to argue." Nobody, however mightier or wealthier heis, has
escaped him for ever. However, death can only destroy, as Hemingway
I I
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......... " ! WPiHSE;
\~ :
l' '~.~
:?\>l/~ ,
~llirr'i ,
said, it cannot defeat man. Mr. Raval knew that time is running against
him, yet he never let it bog him down and was at his desk and on his legs,
witn fine ease and exceptional charm.
Mr. Raval had a brilliant academic career marked by distinctions

throughout - first in graduation, first in Law in the University and a
coveted MBA from the prestigious Ahmedabad Institute. 'Even after
I , being armed with the most coveted MBA that could easily win him top
,
I "
positions anywhere in the corporate world, he chose law as his forte.

Thus he set an example for youngsters and added more respect to the
study and practice of law. Not only that, he proved the worth of his
choice as well. Perhaps he was the youngest to be appointed to the
coveted position - Solic~tor General of India, which he richly deserved
for his fathomless skill, legal acumen, intelligence and ingenious
-
F
appreciation of facts and law.
As I know, ever since I first met him at his residence sometime in 1.998,
he was a fine human being and a great lawyer. So affectionate, so warm
and so joyous was he. Despite the position he held and the knowledge he
owned, he took keen interest in the smallest of small and the least
I
initiated who came in contact with him. j'
I,
About his court room performances, I need not say anything here, as I
am speaking of him in the Hon'ble Court itself, where he performed like a
- king. He played his tactks with an abgressive edge. Most of us knew

him. The Hon'ble Judges viewed him as a genius. From the sizable
assemblage of legal fraternity and others who filed past his mortal
remains to pay their last homage showed the admiration he won and the
love and affection he enjoyed.
2
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f He had a keen interest in promoting quality education, particularly in

... ;',;'
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. law. The National Law School University in Gujarat stands a towering
"
testimony to this. He was instrumental in its establishment. Perhaps he
alone played a major role in getting about fifty acres of land allotted for
t
the Law School. Today it is one of the premier institutions in the country
~
I
1I
and the first in the State of Gujarat providing five year integrated
I professional course in law.
1
, I had a number of chances to interact with him and few chances of

appearing before him where he was the Arbitrator. Every time, the man
1 was like nothing less than a legend. Had he been alive for few more
years, he would have perhaps been one among those legends, who
themselves are legends among legends. My experience with him
reminded me the words of Lord Denning that "the barrister is not the
mouthpiece of his client.. ...... He owes allegiance to a higher cause. It is
the cause of truth andjustice."
Mr. Rawallaid the canvass of ideals and values, virtues and wisdom. He
has drawn there the path of traditions and spirit, challenges and
milestones. He coloured the visions of a believer and an achiever, a
seeker and a leader. We must try to live upto his dreams and his canvass.
I still remember walking past his desk one day, when a quotation. perched
on it caught my attention. It was of Churchill's. It read
"Sure I am that this day we are riwsters of ourfate, that the task
which has been set before us is not above our strength; that its
pangs and toils are not beyond my endurance - as long as we
I 1
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3
have faith in our own cause and an unconquerable will to win,
" I .,.
victory will not be denied us."
It spoke volumes about the man that Kirit was. He strongly believed that
"to know and not to do, is really not to know" and "one learns best when
one teaches another." Not only he believed, he practiced both as well.
My heart goes to Kalpana, his wife and his two sons, who have yet to
complete their college education. Their loss is more direct. While I pay
my respects to the departed soul from my side and on behalf of the Delhi
High Court Bar Association, I pray may God hive enough strength to
,,.
j
Kalpana and the children to bear the loss and steer ahead like Mr. Raval,
who was never afraid of anything.
- May his soul rest in peace.

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\!
A.S. CHANDHIOK
l,
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My Lord, The Hon'ble Chief Justice of the High Court of
I "
Delhi, Mr. Justice B.C. Patel, his Hon'ble 'companion Judges,
President of Delhi High Court Bar Association, Shri A.S.
Chandiok, Standing Counsels of Delhi Administration and
various statutory authorities, my esteemed colleagues at the
Bar, Ladies and Gentlemen.

,,
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,~,"i:
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Late Mr. K.N. Rayal, popularly known as 'Kirit' was born
,..
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on 12/9/1952.
He did his graduation in Commerce in First Division
. i,.
. I from College of Commerce in 1971. He did his M.B.A. from
,I
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i prestigious Indian Institute of Management, Ahmedabad.
: I,
Simultaneously he studied Law and he completed his law
studies from Gujarat University securing first position in
1974. He worked as management consultant for a brief spell
of about 1-1/2 years and started his practice in the year 1975
l at Ahmedabad. He had a roaring practice in all branches of
Law including Constitutional Law, Commercial Laws,
arbitration and Income Tax etc. He was designated as a
"Senior Advocate" by the Gujarat High Court in the year
y i'
I "
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/
C
··--··~·
\1Y'-'
_.... .--.
1995. In May, 1998 he was appointed as Additional Solicitor
General of India. He was one of the most sought after ASGs
1~ ,
i
because of his hard work, intellige~ce, craft and ability to
! grasp the point in issue quickly. In November,2002 he was

J.,
, I appointed as Solicitor General of India. In a short spell of
.~
•I '
j
time the fairy tale of a tyro who became virtuoso and reached
the pinnacle of professional. growth has ended.
H~ was a very simple and kind hearted person. He was

1';
symbol of integrity and honesty. I came into his contact
when he was appointed as Additional Solicitor

I i_
General of
i-
India and at that time I was a Senior Advocate on behalf of
the Union of India on the panel of Supreme Court of India. I
had the opportunity to assist him in many cases. Working on
a case with him was always a matter of great pleasure. He
; '. used to argue the matter with great conviction, ability and
,I
dedication.
QUickly he became choice of all departments and the
then Attorney General of India, Mr. Soli Sorab Jee and was
engaged almost in all important matters. Later when, he
started h is private practice, he was flooded with briefs but

I' I I,
unfortunately his health was deteriorating and his body
systems did not properly respond to the treatment.
Ultimately, the Almighty God has taken him away from us.
His gentlemanliness; good behaviour, uprightness, model of
a true man and a compassionate lawyer will always be

,
remembered by the Bar.
:;
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~t ~ I, on behalf of the Central Government and on my own
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behalf express my heart felt condolences to the bereaved
ii ,II'
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family and request The Hon'ble Chief Justice of High Court of
!I
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Delhi to convey my heart felt condolences to the bereaved
family and I pray to the Almighty that He bestows enough

!
(.
, courage to the family to bear this otherwise irreparable loss
and I also pray that his soul should rest in peace.
I,\q·~, ~ ~
( P.P. Malhotra)
Addl. Solicitor General of India
I
2.5.2005
I
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e
OBITUARY REFERENCE BY M$., MUKTA GUPTA,
1'
STANDING COUSNEL (CRL.) OOVf. OF NCT OF DELHI

Hon'ble 1he Chief Justice, Hon'ble Judg~ Chainnan, Bar COWlci1 of
Delhi, LeI. Addl. Solicitor General, President, Delhi High Court Bar
Association and esteemed mends.
Today we have assembled here to mown the Wltime1y death of Shri
Kirit N. Rawal Senior Advocate
Sh. Kirit N. Raval had a VC1)' brilliant &aldanic recor6 having passed B.
Com in 1st Division and S<XHing 1st Rank in the LLB examination, he also
·\ did MBA His educational excellence enabled him to work as
Managemeat consultant ~ 1973-75 which gave him ample
experience of conducting appraisal of management strucWres. Though
possessed with a MBA degree from 11M Ahmclabad SIt. Raval was
at1raded towanls legal profession and so started practicing in Gujrat High
Court in 1975 where he represented several companies, banks, financial
>
I
institutions and public sector Wldertakings with brilliance.
Despite having attained immense success advocating the cause of large
companies and financial institutions' he did not loose sight of public
1 issues and also contested many public interest litigations. He was
engaged as a Standing Counsel by the Income Tax Depar1ment also
because of his conunand on tax Laws.
j /1
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In view of his excellence in the legal profession he was
, - '
designated as Senior Advocate in 1985 whereaflq- be conducted many

I' '
important aiSeS in the Supreme Court and various High Courts besides
other Tribunals like BIFR, MRTP. He was appointed as Additional
Solicitor General by the Govt of India in May 1998 and was able to
achieve the position of Solicitor General of India in November, 2002 due
to his unstinted hard work. By virtue ofhis command in almost all fields
of law whether it related to Constitution, Commerce, Income Tax,
Custom and Excise Labour or Service Law it was a privilege to assist him
in the cases.
A soft spoken, docile human being work. with concentration and devotion
was the principle ofms life.
J :"! "
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Even in the most difficul ODS he would not loose his cool. The
most difficult matter would be a matter of minutes for him 10 grasp and
I
argue. With the dea1h of Shri Kirit Rawal, the Bar 11M lost a legal
luminary and a man with deep insight into the legal in1Iecacies
May I request My Lord Hon'ble The Chief Justice to convey the heart
felt condolence 10 the bereaved tQmily on behalf of the Govt ofNCT of
Delhi, on behalf of my colleagues representing Government of Delhi and
on my own behalf May God give sCrength to the members ofms family to
bear this loss.
I'
t:::~~ ~
(MUKTAGUPTA)
. ..
STANDING COUNSEL (CRL)
OOVf. OF NCT OF
DEUII
. Dated: 2- May, 2005
I' I',
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,-------......
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,I ! F/
I
f FULL C ' T REFERENCE ON THE SAD

DEMISE OF MR. JUSTICE RANJIT SINGH
NARULA, A FORMER CIDEF JUSTICE OF
PUNJAB & HARYANA HIGH COURT.
Mr. President and Secretary of the High Court Bar Association,
Additional Solicitor General of India, Standing Counsel for
Central Government and Government of NCT of Delhi,
Chairman, Bar Council of Delhi and other Learned Members of
the Bar, ladies and gentlemen.
We have assembled here this afternoon to mourn the death
of Mr. Justice Ranjit Singh Narula, a former Chief Justice of
Punjab & Haryana High Court and a very senior member of the
Bar of this Court, who breathed his last on the 1st June, 2005.
Mr. Justice Narula was born in a Village called Gajra,
District Layalpur, now in Pakistan. Mr. Justice Narula did his
schooling from Nankana Sahib. He acquired his Law degree in
the year 1937 from Punjab University, Lahore. Justice Narula
shifted to Delhi and after getting some experience in the Office of
Audit and Accounts, Mr. Justice Narula joined legal profession in
the year 1938. Subsequently in the year 1941, he became an Agent
(Solicitor), Federal Court of India. After establishment of the
Supreme Court of India, Justice Narula became an Agent (now
called Advocate-on-Record). Later on he shifted to the Circuit
Bench of Punjab High Court at Delhi. I am told that he was a man
of repute and was undisputed leader of the Bar who had a
lucrative practice.
..
-
(0
Justice Narula was conferred the honour of Senior
Advocate by the High Court of Punjab, soon after the
commencement of the Advocates Act, 1961.
During the period 1962-65 Justice Narula was elected as
President of the High Court Bar Association at Delhi as also
Chairman, Bar Council of Delhi, which distinction no one has so

I
; far achieved.
In April, 1965, Mr. Justice Ranjit Singh Narula was
appointed as Judge of the "United East Punjab High Court"
which had jurisdiction over United Punjab, including Shimla and
Delhi. In 1974 Justice Narula was appointed as Chief Justice of
Punjab and Haryana High Court , Chandigarh and adorned the
seat of Chief Justice till 31 st October, 1977.
He was an imminent Judge and a Lawyer and did a lot
for the society. He was a forward looking-man and one of great
personality. Justice Narula will be remembered for his
commitment to society; the various causes he pursued and the
principles he upheld. In short he will live in our memory because
of his enormous principles of advocacy.
In the death of Justice Ranjit Singh Narula, we have lost a
stalwart of legal fraternity. His death undoubtedly is a loss to us
all. We condole the sad demise of Justice Narula and share the
sorrow with members of his family, particularly to his son, Mr.
D.S. Narula and his grandson Mr. Amit Chadha, practising
advocates of this Court. We all send our heart-felt condolences to

~:-"'"
C~?,)
the members of the bereaved family and wish them strength to
bear this irretrievable loss. May God bestow peace to the
departed soul.
/ (AFTER REFERENCE BY LAWYERS IS OVER)
I REQUEST YOU ALL TO PAY HOMAGE TO THE MEMORY
OF JUSTICE RANJIT SINGH NARULA BY STANDING IN
SILENCE FOR TWO MINTUES.
(B.C. PATEL)
Chief Justice
July 7, 2005
************
(The Hon'ble Judges will take their respective
seats for a moment).
As a mark of respect to the departed soul, the

Court is adjourned for the rest of the day.
(B.C. PATEL)
Chief Justice.
Cii;!
TRIBUTE TO LATE MR JUSTICE RS. NARULA, FULL COURT
REFERENCE - JULY 7TH 2005
MY LORD CHIEF JUSTICE, YOUR LORDSHIPS, MR. P.P.

MALHOTRA ADDITIONAL SOLICITOR GENERAL OF INDIA,
STANDING COUNSEL FOR GOVERNMENT OF INDIA AND
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI,
OFFICE BEARERS OF DELHI HIGH COURT BAR ASSOCIATION
AND OTHER BAR ASSOCIATIONS, RESPECTED SENIOR
MEMBERS OF THE BAR, MY COLLEAGUES AT THE BAR, LADIES
AND GENTLEMEN:
Today, I stand before you, together with you, to pay homage to a noble
soul, who is known to one and all as Justice RS. Narula. Narula Saheb
left for his heavenly abode on June 1, leaving few months to complete his
90 th birthday. I had the privilege of having a very affectionate relationship
with him, personally and professionally. I had the privilege of staying in
the same locality, practicing in the same court with him and more than
that, enjoyed the liberty to approach him any time, with any doubt. Be it a
law point or a doubt regarding Gurbani, he was there as a guide. With
his demise, I have lost a guide and teacher in my life, professionally and
spiritually.
Born in Layalpur District, now in Pakistan, Narula Saheb graduated in law
from Punjab University, Lahore, when he was 22 and a year later, entered
the profession. From then onwards, his march was steadfast. He holds the
1
distinction of one of those lawyers who had been in the Supreme Court
right from its inception. His essay, contributed to the compendium
brought out to commemorate fifty years of the Indian Supreme Court
stands testimony to this.
Designated a Senior Advocate in 1961, Narula Saheb was elevated from
the Bar to the Bench in April 1965, and then as Chief Justice of Punjab &
Haryana High Court in 1974.
Justice Narula was a gentleman judge; his times on the High Court Bench
wore still civil times; when the rough and tumble of Indian politicS was
held within bounds of civilized conversation amongst men and women in
power. In this zodiac, he was able to lead judicial process to triumphant
heights. Yet, poignantly, he continued to believe that the judiciary can
remain even in changed times, marked by crisis of civility and death of
dialogue, an oasis in the desert. Possessing an unsurpassed grasp of
comparative jurisprudence, he wore his learning lightly. His disdain for
purple judicial prose arose out of mastery of judicial style. He knew the
inner logic of judicial craftspersonship; he addressed the future of law
through the idiom of the present. Justice Narula's vision of judicial power
and process helped shape the practices of the Bench and the Bar. One
believes that ultimately it is the human quality of every Judge, which
2
(!9
shapes the image of judiciary and consequently legal system. The
permanent foot prints left by great and noble souls like Justice Narula are
bound to be the proud part of the legal history. Whether we would be able
to continue and maintain these footprints today is a moot question which
remains to be answered? Upon his demise, it would require a steadfast
project of a memory and tradition to pursue his articulate vision of judicial
power and process.
Justice Narula had great faith in the members of the Bar. Bar was his first
habitat and commitment. He was a firm supporter of the independence of
the Bar. He often said that the Bench and Bar are but the two branches of
the same 'life giving tree' . Their growth is inter-dependent. The
importance of lawyers in the matter of administration of justice cannot be
over-emphasized, he always claimed.
It was when he resumed his practice after retirement in 1977 that my
interaction with him grew large. Assisting him, once I prepared a plaint
alongwith the documents which ran into about two hundred pages.
Within the next twenty four hours, the plaint came back with scribbles on
the margin, grammatical and spelling mistakes encircled in red color.
'Attend to every detail' was his constant advice. I was astonished at his
patience to go through each line and the speed with which he did that.
3
@
The lessons I learned fron:'- him stand in good stead even now and will
always be.
Each person who came into contact with him witnessed his scholarly and
professional attitude to his work. Professional to a point of exactitude
which few people are aware even exists; for Narula Sahebji it was his
everyday, normal standard Meticulous while lighthearted, ever ready with
an appropriate quip to lighten a mood; knowledgeable while ever
acquiring, he was a thinker who flattened obstacles before others could
ever recognize them. The power of patience, the art of listening, the skill of
understanding, pondering and the will to practice were bestowed upon
him in abundant measure.
It gives me an air of prestige that he too was the President of the Delhi
High Court Bar Association once, in which capacity I too have the fortune
of today. But there is a major difference - he was simultaneously the
Chairman of Bar Council of Delhi too; a distinction only he had has so
far.
It would not be possible for me to mention the membership of associations
he possessed and the awards and distinctions bestowed upon him as they
are many - from the prestigious "Living Legend of Law", "Shiromani
Award" to many more, including a Doctor of Laws (Honoris Causa).
4
®
, Widely traveled in India and abroad, he was known for his lectures as
well.
Eminent Judges like Justice Yogeshwar Dayal and Justice S.5. Chadha had
their foundation of advocacy laid in the chambers of Narula Saheb.
Justice Prakash Narain and Justice H.R. Anand of Hon'ble Delhi High
Court were frequently seen briefing Narula Saheb. The Bar has a
distinction of having amongst its members many eminent Senior
Advocates who got their training and were associated with him.
Narula Saheb was a combination of a great lawyer, a great advocate and a
great judge. Apart from that shines, the qualities of a fine human being,
an excellent academician, and a dedicated social worker. He laid the
canvas of ideals and values, virtues and wisdom. He had drawn the path
of traditions and spirit, challenges and milestones. He had coloured the
vision of believer and achiever, a seeker and a leader. The greatest tribute
to him would be to resolve to live by his dreams and his canvas.
Narula Saheb was closely associated with various religious, educational,
cultural and charitable societies and trusts. He truly believed and
practiced that 'whatever your left hand does, need not be known to the
right hand.' He, almost single handedly, brought up a School popularly
known as 'Sardani Sada Kaur Girls Higher Secondary School,' which has
5
~ @
the distinction of having more Muslim girls than any other school in the
vicinity. Being a deeply religious man he believed in basic ideology of all
religions of the world. He was Chairman of Rama Krishan Mission
Ashram, Vice President of Gandhi Marg at Chandigarh and played an
active role in disseminating the Gandhian Philosophy of truth and Non-
violence.
His intellect, righteousness, spirituality and compassion were invaluable.
I think it was in 1988 winter one received a letter from him which started
something like After having spent ...... years both at the Bench and Bar, it
/I
is time for me to call it a day." And really he did so.
Narula Saheb was truly a Gursikh. I distinctly remember him saying
/I there are indeed very few Sikhs anywhere in the world today and the rest
of us just look like Sikhs or merely profess to be Sikhs." He walked the
way of a true Sikh, without fear or worries. With a twinkle in his eyes, he
would then stroke the long snowhite beard. He was always prepared for
the end and was happily transcending all levels to reach 'Gobind Milan'.
Justice S.s. Chadha, his son-in-law adorned the Bench of Delhi High Court.
We have Deepjot his son and two grandsons, Amit and Angad, amongst
us. I personally do not like to use the word condolence or sorrow when I
6
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•
\
remember Narula Saheb.

C!3)
Justice Chadha's, Deepjot's, Amit's and
Angad's loss is irreparable. Our hearts are with them.
Narula Saheb's mortal remains are not here. But he will never fade. His
vision would continue to guide us; his words would continue to
encourage us; his deeds would continue to inspire us; his achievements
would continue to motivate us and his presence would continue to
surround us.
May his soul rest in peace.
AMARJIT SINGH CHANDHIOK

President
7
My Lord, the Hon'ble Chief Justice of the High Court of Delhi, Mr.
Justice B.C. Patel, his Hon'ble companion Judges, President of Delhi High
Court Bar Association, Mr. A.S. Chandiok, Standing Counsels of Delhi
Administration and various statutory authorities, my esteemed colleagues at
the Bar, Ladies and Gentlemen.
Late Mr. R.S. Narula was born in Village Gojra, District Lyallpur,
now in Pakistan, on 3rd November, 1915.
He completed his graduation from former Christian College, Lahore,
and completed his LL.B. from Punjab University, Lahore. In 1937, he
shifted to Delhi and after a brief spell of about a year in service, he joined
the legal profession. He was an agent in the Federal Court of India and was
popular with solicitors all over India. He became an Advoc~te-on-Record in
the Hon'ble Supreme Court and was soon designated as Senior Advocate by
the Punjab High Court some time in the year 1961.
He remained the President of the High Court Bar and also Chairman
of the Bar Council of Delhi during the period 1962 to 1965 - a unique
distinction which no one has achieved. He was elevated to the East Punjab
High Court which had jurisdiction over the United Punjab including Simla
\
\,
and Delhi. In November, 1966 when the East Punjab and Haryana High
Court was split into Poojab and Haryana High Court, Delhi High Court and
/ Himachal Pradesh High Court, Mr. Narula opted for the Punjab & Haryana
High Court. Later, in the year 1974, he was elevated as Chief Justice of High
Court of Punjab & Haryana and continued to occupy that post till 31 st
October, 1977.
Subsequently, he resumed his practice as Senior Advocate in the
Hon'ble Supreme Court and various High Courts of the country till 1988.
Thereafter he devoted his full time in cause of humanity. In fact even while
he was a lawyer and eventually a judge, he continued doing lot of social
work. Twice a year he used to work in a leprosy home in Amrawati and
selflessly served the patients suffering from leprosy.
Mr. Narula was a very simple and noble person. He was very humble
with the members of the Bar and the Bench, and was never agitated. Both as
a lawyer and a Judge, his attitude was very sober and polite. He was humble
but firm in his submissions to the court.
He was a master craftsman in the art of advocacy. He was an eminent
lawyer and jurist, and a fair counsel in his actions and deeds.
He had an inner bliss and a glow on his face. He always had a smiling
disposition. He never looked tense and angry throughout his life.
/
He was a lighthouse for the Members of the Bar and the Judiciary. He
was liked by one and all because of his conduct and behaviour. Though we
have lost the body of the lighthouse, yet I hope his light will always guide
us. I pray to the Almighty that his ideals of human conduct and behaviour
will guide the lawyers and judges alike in their approach towards
appreciation of each other's views. I think the ideal homage to him would
be for us all lawyers and judges resolve to adopt his qualities of human
conduct and behaviour which he possessed.
His son-in-law, Mr. S.S. Chadha was an advocate of this court and
had also adored the Bench of this Hon'ble Court and remained a permanent
judge of this Hon'ble Court till June, 1989. His son Mr. D.S. Narula is also
a member of this Bar, so are his grand sons namely Mr. Amit Singh Chadha
and Mr. Angad Singh Narula, who have suffered an irreparable loss.
My Lord, the Hon'ble Chief Justice, May I request your Lordship to
convey, on behalf of the Government of India, my colleagues government

counsels and on my own behalf, our heartfelt condolences to the members of
~~ W /t~
the bereaved family and may his soul rest in peace.
(P.P. Malhotra)
/ Addl. Solicitor General of India
7.7.2005
,'(iiJ
....................... -
OBITUARY REFERENCE BY MS. MUKTA GUPTA,

STANDING COUNSEL (CRL.) GOVT. OF NCT OF DELHI
Hon'ble the Chief Justice, Hon'ble Judges, Chairman, Bar Council of

Delhi, Ld. Addl. Solicitor General, President, Delhi High Court Bar Association
and esteemed friends.
While, proceeding on summer vacation, hardly did we know that we will

loose an eminent jurist and a multidimensional personality on the first day of
vacation the 151 June, 2005. Born in 1915 Justice Ranjit Singh Narula did his
schooling at Nankana Sahib. He was endowed with humble and pious
upbringing, the imprints of which were visible through out his life. After doing
graduation, he obtained LLB degree from Lahore in 1937. Even after obtaining a
high educational qualification, he did not hesitate to join Audit and Accounts
office as a clerk, though that job could not retain his caliber for long and he joined
the Bar in 1938 and soon became an Agent (now known as Advocate on
Record) both in Federal Court and Supreme Court of India. Soon thereafter he
became an outstanding lawyer of the Circuit Bench of Punjab High Court in Delhi
and was designated as Senior Advocate. Being an undisputed leader of the Bar,
he had the distinction of being both the President of the High Court Bar and the
Chairman of the Delhi Bar Council.
In 1965, he was elevated as Judge of the East Punjab High Court and
became the Chief Justice of Punjab and Haryana High Court in 1974 and
remained so till 1977, when he resigned three days prior to his day of retirement.
He is known for his lucid judgments which he delivered on intricate question
of law while presiding over a large number of full benches, most of
which were upheld by the Supreme Court. Guru Nanak Dev
University conferred the Degree of Doctor of Laws on Justice Narula in 1976.
Contd ..... P/2

(f))
- 2-
After his distinguished performance as Chief Justice, Justice Narula practiced i~
the Supreme Court as Senior Advocate and appeared in various High Courts of
the country as he was much sought after by the litigants. Beside practicing as
Senior Advocate Justice Narula had been associated with a large number of
national and international Associations and had been a champion of Human
Rights. He also received a number of prestigious awards. He devoted most of
his time to social service and philanthropic work. In the death of Justice Narula,
the Bar has lost a crusader of Justice. He was aptly awarded the 'Living Legend
of Law' award by International Bar Association.
May I request my Lord Hon'ble the Chief Justice to convey the heart felt
condolence to the bereaved family on behalf of the Govt. of NCT of Delhi, on
behalf of my colleagues representing Government of Delhi and on my own
behalf. May God give strength to the members of his family to bear this loss.
~t41A-~.
j!(~UKTA GUPTA)
GOVT. OF NCT OF DELHI
Dated: ih July, 2005

.
-•. - . . ---1
FULL COURT REFERENCE ON THE

SAD DEMISE OF MR. N.S.SISTANI, A
SENIOR ADVOCATE OF THIS
COURT.
The President and Secretary of the Delhi High Court

Bar Association, Additional Solicitor General of India,
Standing Counsel for the Government of Delhi, Ladies
and Gentlemen.
It is very sad that again after two days break, we
have assembled here to condole the demise of Mr. N.S.
Sistani, a Senior Advocate of this Court, who breathed
his last on 6th of this month.
Mr. Sistani was born in the year 1925 at Chakwal,
District Jeblum. He graduated from a most prestigious
Government College at Lahore (now in Pakistan). In
the year 1948, Mr. Sistani obtained LL.B. degree from
Punjab University at Shimla. For a brief period he
worked with All India Radio. In the year 1949, Mr.
N.S. Sistanijoined the Bar.
I am told that Mr. Sistani was a great persuasive
lawyer and argued a number of landmark cases and
represented Government organizations, Banks and a
large number of national and multinational

Corporations. He was a man with cool temperament
and submissive in nature. He never lost his temper in
any circumstances. He was respected by one and all.
He was a light for the young generation. It was Mr.
Sistani who got a privilege to appear in an International
Arbitration in Poland in the year 1962.
It is only because of his legal knowledge and the
qUalities which he possessed, Mr. N.S. Sistani was
conferred with the honour of a Senior Advocate of this
Court by the Full Court of this Court in the year 1983.
Mr. Sistani chaired a number of legal semmars,
arbitrations and Lok Adalats.
Apart from his legal profession, Mr. N.S. Sistani
was a good sportsman and was an active member of
Delhi Golf Club. He was also an Editor of his College
Magazine 'Ravi'. He was fond of Urdu poetry and was
an avid reader.
Mr. N.S. Sistani had a deep interest in academic
field too. Because of his wide experience and expertise
he held the post of Chairman, S.S. Khalsa (Chakwal)

/
!
/
Senior Secondary School, New Delhi for over fifteen
I
years. He participated actively as a Member of the
I
Governing Committee of Kamla Nehru College, Mata
·Sundri College and Guru Harkrishan Public School,
very renowned Colleges and School in Delhi.
There was ample space in the heart of Mr. Sistani
for the upliftment of poor and down trodden people. He
used to take active part in social work. Because of
ample qualities, knowledge, and patience, Mr. N.S.
Sistani is recognized as a soft spoken and a strict
disciplinarian gentleman.
It is irretrievable loss for the judicial fraternity as
a whole; a personal loss for his family members and
more particularly to his son - Mr. G.S. Sistani, a
practicing lawyer of this Court. Weare all helpless but
can only pray for peace to the departed soul.
I, on behalf of myself and on behalf of my
colleagues on the Bench convey our deep-felt
condolences to the family members of Mr. N.S. Sistani

!
and pray to the Almighty for the peace to the
departed soul and strength to the bereaved
members of the family to bear this loss.
(AFTER REFERENCE BY LAWYERS IS OVER)
I REQUEST YOU ALL TO PAY HOMAGE TO THE MEMORY
OF MR. N.S. SISTANI BY STANDING IN SILENCE FOR TWO
MINTUES.
(B.C. PATEL)
Chief Justice
July 11,2005
************
(The Hon'ble .Judges will take their respective
seats for a moment).
As a mark of respect to· the departed soul, the

Court is adjourned for the rest of the day.
(B.C. PATEL)
Chief Justice
@
TRIBUfE TO LATE MR. N.S. SISTANI,
" SENIOR ADVOCATE.
FULL COURT REFERENCE - JULY 11, 2005
MY LORD CHIEF JUSTICE, YOUR LORDSHIPS, ADDITIONAL

. SOLICITOR GENERAL OF INDIA, STANDING COUNSEL FOR
GOVERNMENT OF INDIA AND GOVERNMENT OF
.NATIONAL CAPITAL TERRITORY OF DELHI, OFFICE
BEARERS OF DELHI HIGH COURT BAR ASSOCIATION AND
OTHER BAR ASSOCIATIONS, RESPECTED SENIOR
, MEMBERS OF THE BAR, MY COLLEAGUES AT THE BAR,
LADIES AND GENTLEMEN:
I never thought that we would have to assemble again so soon to
pay homage to another departed senior colleague as we did for
another only last Thursday - for late Justice R.S. Narula. This
time, we are here to remember and respect Mr. N.S. Sistani, a
senior and respected member of our Bar. Few months ago, he
effortlessly walked into my office, to invite me personally to be a
guest of honour at a function. No sign of tiredness or sickness
attuned to age were visible on him. At that time, he gave me the
happy impression that he would be amongst us for few more
years. And now, effortlessly he strode the last pace of his life.
One can deny the existence of God, but one cannot deny the
1
,'0'~b"
c:;> /
: •.1 ,.:
!
\~--'/' '
existence of death. Of course, the fact of its unannounced arrival
also.
Occasionally, history produces a citizen, the impact of whose life

stays long beyond his physical demise, to stimulate profound
reflections on the complexity and the potential grandeur of our
species. Such a rare man was Mr. N.S. Sistani, Senior Advocate,
,vho lived quietly and left for his heavenly abode on 6 th July,
2005, quietly, and without any fuss.
Mr. Sistani was a multi-faceted and multi-gifted personality.

Soft spoken, and with a serene appearance. Mr. Sistani was
goodness personified. His life style in the profession was
unassuming. He subscribed to the role model that a lawyer is
engaged to accomplish the task by using persuasive arguments
which are not only effective before the Hon'ble Judges, but also
are not based on irrelevant contents and loose structure. He
believed and practiced that arguments should be crisp and to the
point. He believed in brevity and disliked laxity and levity.
Like other stalwarts, he too ennobled the consummate art of the

- ,~
advocate. Brevity to him was not just a piece of advice for the
practicing lawyer - it was a word to live by. He was always
precise. In the present era of lengthy arguments, the brevity and
2
accuracy that Mr. Sistani stood for are the qualities that each
lawyer should adopt.
As an advocate and then a senior advocate since 1983, he argued

a number of important cases and represented various
government organizations, nationalized banks and many
national and multinational corporates. He had the distinction of
appearing in an International Arbitration in Poland, in 1962,
when both Poland and the concept of International Arbitration
was little known in India.
Mr. Sistani was a keen sportsman. He captained the school

hockey team and was a good golfer. He was fond of Urdu poetry
and was an avid reader. His personal library was rich and the
collections ranged from classics to contemporary.
The most important of his interests were his interest in

education. He termed it as the best social service and made his
commitment known. He was the Chairman of S.S. Khalsa
(Chakwal) Senior Secondary School, New Delhi for over fifteen
years. He was also on the Governing Committees/Bodies of
various colleges and schools.
When he was the Chairman of the Senior Secondary School at

Lajpat Nagar, I was once invited to the school as a Guest of
3
r:;;J
~~/ ....
Honour. He made boosting compliments on me, ignoring all my

shortcomings. I still remember them fondly.
His professional reputation was enviable, winning the

ungrudging respect of his colleagues. Mr. Sistani's intellectual
endowment was towering, enabling him as an advocate to
sparkle among the very top as Civil Jurist of distinction and a
trial lawyer of great competence and dexterity.
I knew him from very close quarters. I worked with him in many
cases. I found him an accommodating and compassionate
senior. As a man of breeding, he never spoke about himself.
Today, we have an opportunity for introspection as we pay our

tribute to the departed soul. We must keep in mind that death is
inevitable - memento mori. Youth will vanish and old age will
set in. Law is such a wonderful area that you can immensely
indulge in, work better, and more as you age, and perhaps earn
too as never before. Stories of the stalwarts show this truth. The
brighter side of their lives is that they had immensely paid back
the society too, in more than one way.
To us, the next generation, such life styles as that of Mr. Sistani,
may look too wooden or frozen or static, but when one analyses it
4
in depth, this kind of life style is, even today, a desirable role
model.
And above all, he was gifted with a personality which conquered

all who had the privilege to learn from him. He had the appeal
of a solemn dignity and courtesy, which were unfailing and an
integrity, which was unbending, a warmth and gentility, which
were rich and infectious, courage and persistence and a deep and
abiding compassion.
Candles may not be sun, but they also can give light. Some
people in their small way lighten the path of those whom they
impress and make small heavens.
Time lessens the impact of bereavement. However, for those

who were very close to the departed, it may not be like that. We
have Gurinder Singh Sistani amongst us. Our condolences and
prayers are with him and other members of the family, to lessen
the grief and enhance the strength. And for Sistani Saheb, he got
blended into the pure light of Him, where fear and enemity are
nil and only eternal tranquil prevails.
MAY HIS SOUL REST IN PEACE.
Amarjit Singh Chandhiok.
5
Justice B.C. Patel and Hon'ble companion Judges, President of Delhi
Court Bar Association, Mr. A.S. Chandiok, Standing Counsels of Delhi
Administration and Various statutory authorities, my esteemed colleagues
at the Bar, Ladies and Gentleman.
Mr. N.S. Sistani was born in the year 1925 at Chakwal, District
Jehlum. He graduated from the prestigious Government College, Lahore
and completed his LL.B. from Punjab University at Shimla in the year
1948.For a brief period of one year he worked with All India Radio and
later he decided to join the Bar and commenced practice in the year 1949.
He was designated Senior Advocate in the year 1983. He had argued
ill several landmark cases and represented government organizations,
banks and a large number of national and multinational corporations.
He had appeared in an international arbitration in Poland in as early as
1962 ,when the concept of arbitration was little known in India. He
chaired number of legal seminars, arbitrations and Lok Adalats.

rC;)
~~,
A keen sportsman, he captained the school hockey team and
remained an active member of the Delhi Golf Club. He was
fond of Urdu poetry and was an avid reader. His love for literature can be
seen from his tastefully made library which housed books by Churchill,
Oscar Wilde to Khuswant Singh.
He had profound interest in the field of education. He was the
Chainnan of the S.S. Khalsa (Chakwal) Senior Secondary School, New
Delhi for over 15 years and had earlier worked relentlessly as Manager of
the said school which is a fully aided charitable school. He also worked
as a member of the governing committee of Kamala Nehru College, Mata
Sundri College and Guru Harkrishan Public School.
He took active part in social work and the upliftment of the poor
and the down trodden. He remained President and Secretary of the Lions
Club and was associated with the International Plmjabi Society, Central
Khalsa Dewan, Bhai Vir Singh Sadan.
Delhi High Court Bar Association has not only lost a Senior
Advocate but also a person who was kind hearted and soft spoken and a
perfect gentleman.
~.~ . /
p) .t
His loss would be deeply f~lrb;' all in the legal field for years to
come, not to mention the irreparable grief suffered by his family.
He is survived by his widow and two sons, the elder of whom Shri
Birender Singh Sistani is a well established chartered Accountant and
married to the daughter of Justice S. S. Chadha, a retired judge of this
High Court.
His younger son Shri G.S. Sistani is a successful lawyer practising
at this Court and also a member of this Bar.
I, on behalf of the Government of India, my colleagues government
counsels and on my own behalf, request the Hon'ble Chief Justice of
High Court of Delhi to convey my heart felt condolences to the bereaved
family and pray to the Lord Almighty to bestow courage on the grieving
family to bear this irreparable loss and may his departed soul rest in peace
always.
}~WA~
(P.P. Malhotra)
Add!. Solicitor General of India.
11.7.2005

Delhi, Ld. Add!. Solicitor General, President, Delhi High Court Bar Association
Unexpected news of the sad demise of Mr. N.S. Sistani, who was a
Senior Advocate of this High Court shattered the minds of nearly all the
members of the profession .. Mr. Sistani was a keen sportsman and also fond of
the Urdu Poetry and had valuable library books in his personal library. He took
keen interest in education and lost no chance in aiding and assisting the
educational institutions when ever and wherever there was an oppo~unity to
••
"- -- work on. He also took part in social work and had worked in a number of
institutions aiming at the welfare of those, who needed help. Besides, being a
renowned lawyer, he was strict disciplinarian, soft spoken and helt~~need to
one and all. He actively participated in the social work and the upliftment of the
poor and the down trodden.
As Manager and later on as Chairman of the S.S. Khaisa Senior

Secondary School, New Delhi for over 15 years, his devotion brought
tremendous improvements in the education imparted and other activities. He
further steered the wheels of education at Kamla Nehru College, Mata Sundri
College and Guru Harkrishan Public School as a member of the Governing
Committee.
behalf. May God give strength to the members of his family to bear this loss.
~G~
Dated: 11 th July, 2005

@
TRIBUTE TO LATE SHRI G.C. SHARMA,
SENIOR ADVOCATE.
FULL COURT REFERENCE - NOVEMBER 30,2005
MY LORD THE CHIEF JUSTICE, YOUR LORDSHIPS,

ADDITIONAL SOLICITOR GENERAL OF INDIA, STANDING
COUNSEL FOR GOVERNMENT OF INDIA AND
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF
DELHI, OFFICE BEARERS OF DELHI HIGH COURT BAR
ASSOCIATION AND OTHER BAR ASSOCIATIONS,
RESPECTED SENIOR MEMBERS OF THE BAR, MY
COLLEAGUES AT THE BAR, LADIES AND GENTLEMEN:
Five days ago, that is on the 26 th of this month, a great fatherly tree
fell, leaving the legal forest barren: Shri Girish Chandra Sharma left
for his heavenly abode. It was very remarkable of Shri Sharma, that
even after crossing 83, he was regularly appearing in Courts and it
was on one such occasion, just before he was to appear to argue a
matter before this very Court, he fell down, sustained injuries and
never returned. I must remember here that once I heard him say that
his desire is to leave this world while on his legs before the Court.
He was so passionate to his profession. His soul must be happy that
his last journey originated from this temple of justice. Strange are the
1
ways of destiny that it makes its pick without any notice, but at the
same time shows kindness to one's choices as well, to some extent.
Occasionally, history produces a citizen, the impact of whose life
stays long beyond his physical demise, to stimulate profound
reflections on the complexity ~nd the potential grandeur of our
species. Shri G.C. Sharma was such a persona.
Shri Sharma was a multi-faceted and multi-gifted personality. Born
on July 5, 1922, Shri Sharma took his Master's in Science and then
LL.B, both from Agra University. Before he was 25 years of age, he
was a member of the Indian Revenue Service, wherefrom he
voluntarily resigned in April 1962 and joined the Bar. With the dent
of hard work, he rose to the top. A decade later, i.e., in 1972, the
Court bestowed on him the honour of a designated senior. His
erudition and brilli~nce alone won him the designation of senior
within such a short span, whereas for others it is a dream even after
decades.
2
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f
Shri Sharma's chosen field was tax laws. His service in the Revenue
Department might have enthused him to vocation in tax laws, where
he shined with little rivalry. His ability to open up new frontiers in
tax jurisprudence was commendable. He appeared in many
important cases alongwith the likes of the legendary Palkhivala.
Truly, he was a genius liked a.nd loved by the most eminent seniors.
His professional reputation was of a very high order, winning the
respect of his colleagues and the Bench. He marvelously unfolded
the applicability of various tax laws. On his command on Income
Tax Law it was often said, "what Sharmaji does not know, Income
Tax Act cannot have" . Like other stalwarts, he too ennobled the
consummate art of advocacy. Brevity to him was not only the soul of
wit, but argument as well.
As an advocate and then a senior advocate since 1972, he argued a,
number of important tax cases before the Appellate Tribunal, High
Courts and the Supreme Court. In Appollo Tyre Case the
jurisdiction of Assessing Officer to question the correctness of Profit
and Loss Account certified by the Statutory Auditors was

3
successfully argued. In another case, the doctrine of "reason to
believe" was not the doctrine of "reason to suspect" was the subject
matter of assistance by Mr. Sharma. Recently, on his submissions, the
Hon'ble Supreme Court referred to the Constitution Bench a very
important question of law; "whether Settlement Commission has
powers to waive or reduce the Statutory Interest ?"
He was President of Income Tax Appellate Tribunal Bar Association
and General Secretary of the All India Income Tax Advocates
Association, during different periods of time.
Shri Sharma's books on taxation and various articles in esteemed
journals stand testimony to his knowledge. His eloquence and
extempore were well known. There was not a single function of the
Tax Bar without his address.
Today, we have an opportunity of introspection as we pay our tribute
to the departed soul. We tnust keep in mind that death is inevitable-
memento mori. Youth will vanish and old age will set in. Law is such
a wonderful area that you can immensely indulge in, work better
with and perfect better as you age. Stories of the stalwarts show this
4
.-.L .............. - ......... _._ . . . . . ___ • • ..- .. - .. . . . . . . . . . . . . _ • . • . • . __. . . . . . . . . . . . . . . . - . . . . . . . . . _ . _ . _ . . . . . . - - ............ - . . . . _ • . . •- _ .... _-A .. - . - .
--'.-.- ...... -... --................ -..
-...
truth. The brighter side of their lives is that they had immensely paid
back the society too, in more than one way.
Shri Sharma was gifted with a personality which endeared him to all
who came in contact with him. I met him often and each interaction
with him offered me someth.ing new.
Time will lessen the sorrow of bereavement, but the memories will
stay on. We have Anoop his son and Anjali his daughter amongst us
to follow his footprints. His daughter-in-law Mona imparts legal
education to young budding lawyers. Our condolences and prayers
are with them and their family. May God grant them the strength to
bear the loss.
We will do anything to mitigate their sense of loss. In the words of
Ibrahim Lincoln "The world will little note nor long remember what
we say here, but it can never forget what he did here. It is for us, the
living rather, to be dedicated here to the unfinished work he - so
nobly advanced" .
.•• ___ ... _ .... __ •• __ • • _" . . . . . . . . . . . . . . . . . . . . _ • • • . --- .. -6. . _ . • • •

1, on behalf of Members of Delhi High Court Bar Association and on
my own behalf request Your Lordships to convey our deep feelings,
sorrow to the bereaved family.
AND, MAY HIS SOUL REST IN ETERNAL PEACE.
Amarjit Singh Chandhiok

November 30,2005.
6
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FULL COURT REFERENCE ON THE SAD DEMISE OF SHRI
G.C.SHARMA, SENIOR ADVOCATE.
My Lords the Judges of the Delhi High Court, Mr.
President and Secretary of the Bar, the Additional Solicitor
General of India, Mr. President of the Supreme Court Bar
Association, Standing Counsel for the Central Government and
Government of Delhi, learned members of the Bar, ladies and
gentlemen.
We have assembled here to mourn the sad demise of
Shri G.C. Sharma, an eminent Senior Advocate, who breathed
his last on 26 th November 2005 in his early eighties (at'the age
of 83 years).
Shri G.C. Sharma came from my parent State, U.P. He
did his Post Graduation in Sciences and Law from Agra
University. As a President of the Students' Union he actively
participated in various activities of the college at Agra.
Shri Sharma was a member of the' Indian Revenue
Services from 1947 to 1961 where he held important posts both
in the field as well as in the Central Board of Direct Taxes. He
also served as Secretary of the National Mineral Development
Corporation for a couple of years.

I
In the year 1961 he voluntarily resigned from the service
and took up practice as a lawyer.

. He enrolled as an Advocate
.
of the Bombay High Court on 3rd April 1962. He made to the
top in a short span of ten years and designated as Senior
Advocate in the year 1972.
He was appointed as a Senior Standing Counsel of the
Income Tax Department in the Delhi High Court and was also
on the panel of Senior Advocate in the Supreme Court for the
Department. He specialized in the branches of law relating to
Income tax, Sales tax, Foreign Exchange Regulation Act,
Central Excise, Customs and Company Act. He appeared in
several celebrated and reported tax cases before the High
Courts and the Supreme Court of India. He also was Senior
Government Counsel for the Commissioners of Income Tax
and the Central Board of Direct Taxes at Delhi from 1970 to
1972. He remained on Central Agency panel for more than
twelve years - for some years on the junior panel and for
several years on the senior panel.
He wrote a number of articles on tax laws to his credit
which are widely circulated tax journals, the author of" Taxation
of-Companies", "Gift Tax" and "Wealth Tax" etc. He was at the
pinnacle of profession, and was ranked amongst the most

/ .
eminent and learned advocates practicing in the High Courts as
well as the Supreme Court.
The Tax Journals bear testimony to some of the most
important cases which he successfully argued.
He was the General Secretary of the All India Income Tax
Advocates Association in 1966 and Ex-President, Income Tax
Appellate Tribunal Bar Association, New Delhi.
I would also like to add a personal note. Mr. G.C. Sharma
used to appear often in the Allahabad High Court. I was
Standing Counsel for Income Tax Department in Allahabad
High Court, and we often appeared in the same case, though
for opposite parties. Mr. Sharma met me only a few days back.
In the death of Shri G.C. Sharma, we have lost a stalwart
of legal fraternity. His death undoubtedly is a grievous loss to
us all, particularly to the members of his family, in particular his
son Shri Anoop Sharma and Ms. Anjali Sharma, practicing
Advocates of this Court. We all send our condolences to the
members of the bereaved family and wish them strength to
bear this irretrievable loss. May God bestow peace to the
departed soul.
/ .
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r
I REQUEST YOU ALL TO PAY HOMAGE BY STANDING
IN SILENCE FOR TWO MINUTES IN THE MEMORY OF SHRI
G.C. SHARMA.
( Markandeya Katju )
Chief Justice.
November 30,2005
(The Hon'ble Judges will take their respective seats for a
moment after the silence, and it will be announced by Hon'ble
the Chief Justice as under:
"As a mark of respect to the departed soul, the Court is

adjourned for the rest of the day."
***
).

Son of a great father and prominent lawyer of his own time, Late Pd.
Shiv Dutt Sharma, the Doyen of Tax Laws, who appeared in almost all the High
Courts of the country and Supreme Court of India, Shri Girish Chandra Sharma,
the eminent Senior Advocate left for his eternal abode on November 26, 2005
at New Delhi after a brief illness. Late Shri G.C. Sharma, born on 5th July 1922,
always excelled, whether it was school, college, or his professional life. While
attaining education at Agra College, he made a name for himself by actively
participating in various extra curricular activities of the college from time to time
and as a popular President of the Student's Union. The imprints of hard work,
intelligence and success were evident in his early life as he attained 1st division
through out from high school to M.Sc. to LL.B. Selected ·as Member of the
Indian Revenue Service in the year 1947 he held various important positions
both in Income Tax Department and in the Central Board of Direct Taxes
handling very important and delicate matters which earned him a lot of
appreciation. His intelligent handling of delicate matters invited him to serve as
Secretary of the National Mineral Development Corporation for a couple of
years. But his zeal to excel could not confine him to the four walls of officialdom
and in April 1962 he resigned voluntarily from the Government Service and got
enrolled as an Advocate of the Bombay High Court, where he had the
opportunity of arguing cases of public importance both on direct and indirect
taxes.
. ........ 2
-2-
Within 10 years of his enrollment as an Advocate he was designated as
a Senior Advocate in 1972 and his field of operation extended from Bombay
High Court to Benches of Income Tax Appellant Tribunal; other High Courts and
the Supreme Court of India. His grasp on the Tax Laws was duly recognized by
the Government when he was appointed Senior Sta~ding Counsel for the
Commissioner of Income Tax and Central Board of Direct Taxes at Delhi from
1970 to 1972. A large number of cases argued by him both on behalf of the
revenue and on behalf of the assesses find reported in various prominent Law
Journals.
Late Shri Sharma did not remain cabined and confined to arguing the
cases in the Courts and Tribunals but also had been active in social field as
General Secretary in All India Income Tax Advocates Association; President,
Income Tax Appellate Tribunal Bar Association, New Delhi. He also authored
the books on Tax Laws in addition to contributing several articles and papers
published in prominent Tax Journals of the country. There was hardly any
important function on Tax Laws where he did not make a mark by his eloquent
and extempore speech. His passing away is a great loss to: the Tax profession
and he will be eternally remembered for his contribution to Tax Laws. The legal
t acumen of a counsel is evident from the confidence reposed by a client in him .
. Mr. Sharma was a man of words and he fulfilled his promises to everyone
including his clients.
He trained a number of lawyers of whom some are very well placed in
profession and some of whom has attained high position in judiciary. His son
Anoop Sharma, a colleague at the bar is following his father's pursuits, though
appointed as a Judicial Member, Income Tax Appellate Tribunal he left the
service and rejoined the bar. His daughter Anjali Sharma is also a practicing
advocate and an active member of the bar.
. ......... 3
I pray to the Almighty to bestow enough courage and strength to the
bereaved family to bear the loss.
behalf.
:rk~
f(~UKTA G PTA)
30 th November, 2005
(~
' .....-. "
Justice Markandey Katju and Hon'ble companion Judges, President of Delhi
High Court Bar Association, Mr. A.S. Chandiok, Standing COlIDseis of
Delhi Administration and Various statutory authorities, my esteemed
colleagues at the Bar, Ladies and Gentleman.
Mr. Girish Chandra Shanna, an eminent Senior Advocate, and a doyen
of Tax laws, was born on July 5, 1922. He hailed from District Etah in UP
where his late father Pt. Shiv Outt Shanna was a prominent Advocate. He
graduated from Agra University and also completed his LL.B. in 1sl division
from Agra University. As a President of the Student Union, he actively
participated in various activities of the Agra College. For fifteen years, he
served as a member of the prestigious Indian Revenue Service from 1947 to
1962, wherein he held important posts both in the field as well as in the
Central Board of Direct Taxes. He resigned voluntarily from Government
Service in April, 1962 and was enrolled as an Advocate in the Bombay High
Court on 3rd April, 1962.

' .
Mr. Shanna specialised in laws relating to Income Tax, Sales Tax,
FERA, Central Excise & Customs and Companies Act. He remained on
Central Agency's Panel for over 12 years and worked as Senior Government
Counsel for the Commissioners of Income Tax and the Central Board of
Direct Taxes at Delhi for 2 years from 1970 to 1972.
To his credit, Mr. Sharma was designated Senior Advocate within a
short span of ten years of starting his practice. He argued several celebrated
tax cases in the High Courts and Supreme Court of India.

- He was also actively involved with various associations. During the
year 1966, he was the General Secretary of the All-India Income Tax
Advocates Association. He adorned the office of the President, Income Tax
Appellate Tribunal Bar Association, New Delhi. He had a literary bent of
mind and authored books like "Taxation of Companies" and "Gift Tax and
Wealth Tax Act". He also contributed several articles and papers to widely
circulated tax-journal in the·country. He had the unique ability of making
extempore speeches and there was hardly a tax related function where, as a
life patron of the Income Tax Appellate Tribunal Bar Association, he would
not have left his mark by his presence and brilliant speeches.
- I
Mr. Shanna continued to work till his last when he suddenly fell ill
while arguing a case in the High Court. His departure to his heavenly abode
on November 26, 2005 marks a great loss to the Legal field and Tax
Profession and he will be eternally remembered for his contribution to them.
Supreme Court and Delhi High Court Bar Associations have not only
lost a Senior Advocate but also a person who was kind hearted and soft
spoken and a perfect gentleman. His children Shri Anoop Sharma and Ms.
Anjali Sharma are successful lawyers.
I, on behalf of the Government of India, my colleagues Central
government standing counsels, other Government Cotmsels and on my own

"
I
behalf, request the Hon'ble Chief Justice of High Court of Delhi to convey
our heart felt condolences to the bereaved family and pray to the Lord
~ighty to bestow courage on the grieving family to bear this irreparable
loss and may his departed soul rest ·in peace always. ~
~~~~
(P.P. Malhotra)
Addl. Solicit()r General of India.
10 11 ?OO~
t.-.
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! OBITUARY REFERENCE BY MS. MUKTA GUPTA,

STANDING COUNSEL (CRL.) GOVT. OF NCT OF qJ:LHI
\
I
1:
Delhi, Ld. Add!. Solicitor General, President, Delhi High Court ~ar t'ssociation
The news of sudden and sad demise of Shri G.l. San~hi, Senior
"
Advocate, while he was coming back to his 'Karambhoomi' on 6th January,
2006, brought a gloom to the entire Legal fraternity. It was less than a month
~::.t
I~ r
J /. \
ago when I was with him for a long time at a function of NALSA hearing his
1'-I
experiences of life. An illustrious son of an illustrious father Shri Sanghi
obtained his Law Degree from Nagpur University in 1955 and Master's Degree
in Political ·Science in 1956. Though he started his career as ~ T~acher in
Political Science in a Degree College but the profession of teaching could not
detain him as he was destined to excel elsewhere. On 25.11.1957 he got
himself enrolled as an Advocate and started practicing in Supr~m~ Court in

,.,,-'
,
1959 and till his last he had been a Martial in the field of legal profession.
The marks of his foot prints were well read and recognizing ~is legal
acumen, the Central Government appointed him as Standing Counsel in

. I
Supreme Court in 1974 and the Supreme C<?urt designated him a Senior
Advocate in 1976. A known figure in Supreme CoLirt Shri Sanghi ~ad the
privilege of appearing in almost all the Courts of the country and did not leave
any branch of law untouched as is evident from the numerous leading reported
jU,dgments of the different Courts of this country.
. .... P/2
(. >
(;',
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C .9,6,,/
. -
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2-
Shri Sanghi showed great interest in other legal fields besides Courts
and cases. An immediate Past President of LAWASIA, he was also an
honorary Life Member and Vice President of Bar Association pf India;
President of Indian Association of Lawyers (Delhi Chapter) besiqe peing the
President of NGO called SEARCH.
As Vice President of Heart Care Foundation of India Mr. Sanghi showed
avowed interest in medical care espeqially heart ailments. He was also Director
of leading financial Institutions, the Punjab National Bank anct t~e Asset
-
I. Management Company Ltd. A large number of articles published in various
Nati9nal and International Conferences also speak volumes' of his diverse
interest. In the profession of law he has trained a number of lawyers pf whom
some are very well placed in profession. His son Vipin Sanghi, Sr. Advocate,
daughter Vasudha Rohtagi, Advocate and son-in-law Mukul Rohtagi, Sr.
Advocate are all following his footsteps and carrying forward the torch lit by him.
bereaved family to bear the loss ..
condolence to the bereaved family on behalf of the Govt. of NCT pf Qelhi, on
behalf.
~Y:fi~~
G~PTA)
f(MUKTA
13th January, 2006

SHRI G.L.SANGHI, SENIOR ADVOCATE
My Lords the Hon'ble Judges of the Delhi High Court, MrPresident
and office bearers of the Bar, Delhi High Court, learned Additiomd Solicitor
General of India, learned Standing Counsel for the Central Government and
• I ,
Government of Delhi, learned Members of the Bar, members of th~ bereaved
family, Ladies and Gentlemen.
We have assembled here to mourn the sad demise of Shri Q.L.Sanghi,
an eminent Senior Advocate, who breathed his last on 6th January, 2006 at
the age of 73 years 9 months.
Details of his life have already been stated by Mr.Cpandhiok,
Mr.P.P.Malhotra and MS.Mukta Gupta and hence I need not repeat the same.
I may. only mention two things. One, when I went to his cremation at
Nigambodh Ghat, I realized his stature and eminence when I saw the galaxy
of eminent persons who were there, among the huge crowd. This showed
the high respect which he was held by all.
I had the privilege of meeting him in Allahabad High Court where he
appeared often and I was deeply impressed by his legal acumen.

1· .;
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'.
!
In the death of Sh.G.L.Sanghi we have lost a stalwart of legal
fraternity. His death undoubtedly is a grievous loss to us all, particularly to
the members of his family, in particular Ms.Vasudha & Mr.Mukld Rohtagi,
Mr.Vipin Sanghi, Mr.R.K.Sanghi, Mr.Anupam Sanghi and Ms.Amrita
Sanghi, practicing advocates of this ~ourt and the Supreme Court.
We send our condolences to the members of the bereaved family and
wish them strength to bear this irretrievable loss. May God bestow peace to
the departed soul.
I request you all to pay homage by standing in silence for two p1inutes
in the memory of late Sh.G.L.Sanghi.
(MARKANDEYA KATJU)
CHIEF JUSTICE
13 th January 2006.
....
,
'1 I,
,,,
~:1':
, ! I'~
(, ~ ~~ ~
TRIBUTE TO L SHRI G.L. SANGHI,

SR. ADVOCATE
FULL COURT REFERENCE - JANUARY 13, 2006
MY LORD, THE HON'BLE CHIEF JUSTICE, Y0pR

LORDSHIPS, ADDITIONAL SOLICITOR GENERAL OF
, INDIA, SECRETARY AND OTHER OFFICE BEARERS OF
DELHI HIGH COURT BAR ASSOCIATION, STANDING
COUNSEL FOR GOVERNMENT OF INDIA Al'fl)
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF
DELHI, RESPECTED SENIOR MEMBERS OF THE BAR, MY
COLLEAGUES AT THE BAR, LADIES AND GENTLEMEN;
( On 6th of this month, a doyen of the Indi~ Bar was suddenly

\
-- snatched away from the legal fraternity.
Mr. G.L. Sanghi, a torchbearer of humanism passed away. Men
like Souvenirs are perishable; fortunately memories are not. In
1972 when I entered this Temple of Justice, Delhi High Court, Mr.
( . G.L. Sanghi was one of the names suggested with whom I sQPuld
have my initial training. Though, I did not get that opportupity,
but later had the honour to assist. and appear with him and,
thereafter on many occasions to oppose him in Court. There
1
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II
was not a single occasion, whIch'I can recall when he lost his cool.
I
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According to him, the Lawyer's duty comprises and encompasses
courtesy and respect to the court not for any other purpose than
maintenance of dignity of judiciary. He always claimed that a
Lawyer could be differential without being abject, fearless withput
being disrespectful. He felt, the greatest amount of firmness can
co-exist with an equal amount of grace and politeness. I must
confess each, appearance with or against him added to ply
knowl~dge of law and made me grow as a Lawyer.
Most of us undertake journeys which have been tested, time and
again, but only those leave a mark in history which foray into the
'unknown'. It is this mystery of 'unknown' which excited Mr.
Sanghi about life; it could be the outcome of simple case to
complexity of tomorrow itself.
/
The brilliance of Lawyers always comes with the caveat of
craftin~ss. The suggestion is that it is always used to less than
,;
.'
i'
I
.. noble ends. Mr.

,
consistently been spared from this back handed compliment. His
performance possessed the highest mark of excellence combined
with level of unsurpassed knowledge and erudition. He was a
jurist in the complete sense of the term and lived the life of ~aw
and Justi~ Sanghi Saheb pos~essed a high level of ethical
esteem.- Another enviable quality was his memory. Once pored
over, facts and figures were permanently embedded there.
Unfolding them before the Hon'ble Court in the light of relevant
laws with in-depth analysis w~re a sight to witness and a feast to
the intellect. His ability to open new frontiers in jurispruqfYnce
.....
.:,...1.;-
was commendable. He dared to take the unknown routes and llring
in newer insights. He was never content with what was provided
in decided cases, he always tried to reach out for something p.ew,
higher and better and sought light from various provisions of the
Statutes. He manifested a rapid and penetrating perception of legal
problems which he tried to resolve not from the light of the past
but by exploring new ideas.
3
"
•. I .
(.
Mr. Sanghi Saheb strongly believed that the Lawyers build no
bridges, raise no towers or construct no pictures, but sm90th out
the difficulties, relieve stress, correct mistakes, take up other man's
burden by their efforts and make possible the peaceful life of the
human beings in the peaceful State.
He often said that glory and greatness of an Institution like Law

{
and Judiciary depends on its continued meaningful performance
with grace and dignity inspired by high and rich tradition
consistent with its grace, dignity, utility, prestige and that every
member of the Bench and Bar must ensure that nothing is don~ to
impair the same.
..\
#" While addressing an august gathering of Hon'ble Judges and
- ,
Lawyers last year he said and I quote "independence, efficiency
and integrity of judiciary can only be maintained by selecting the
best persons. f" Functionaries accountable in making appointment

"
4
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must act with meticulous
®
car~ and utmost responsibility." He was
conscious that Article 127 existed in the Constitutiop for
appointment of Adhoc Judges but expressed his view in
unequivocal terms that need of the hout was to have Judges who
are prepared to fashion new tools,O forge new methods, innovate
new strategies and evolve new jurisprudence. They must have
judicial statesmanship with social vision and creative faculty. One
wonders can the judicial system ever achieve the above by
appointing Adhoc Judges that too who have already had $eir
innings bestowed on them.
As an Advocate and then as Senior Advocate since 1976, he
argued in the Hon'ble Supreme Court of India and various High
Courts many important cases and represented various Govemrpent
•
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Organisations including Union of India, Multi National and
Corporates. Law relating to Intellectual Property Law was
extremely dear to him. We have often been referring to nUJllerous
reported leading judgments of the Supreme Court and High Courts
5
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pertaining to Arbitration Law ~onal Laws, Maritime Law,
Matrimonial Laws as well as case relating to Fundamental RigJ1ts
argued by him.
Mr. Sanghi was the immediate Past President of LA WASIA, a well
known International Lawyers Association in the Asia Pacific
Region. He was an honorary life member and Vice Presiclenl of
Bar Association of India, President of Indian Association of

(
Lawyers, Vice President of Heart Care Foundation of India and
'-
remained on board of various other non-Judicial Institutions also
wherein he showed his leadership qualities. I had also occasion to
work with him in the Executive Committee of Bar Association of
India.
j And above all, he was gifted with a personality which conqll~red

, \,
all who had the privilege to meet him. He had the appeal of a
solemn dignity and courtesy, which were unfailing and an
iI?-tegrity, which was unbending, a warmth and gentility, which
,.'
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were rich and infectious, co
. abiding compassion.
~')
nd persistence and a deep and
"Qreatmen" are the guideposts and landmarks in the Society. The

,
population of this country is accelerating, but the members whQ fit
that description ~are rapidly diminishing. To me, this is the single

'.
most alarming ispect of our Indian polity. There is now one le&s to
be counted in the reckoning.

('
Today, we have an opportunity for introspection as we pay our
tribute to the departed soul. We must keep in mind that death is
inevitable - memento mori. Law is such a wonderful area that one
can immensely indulge in, work better, and more as you age, and
perhaps earn too as never before. Stories of the stalwarts show this
truth. The brigher side of their lives is that they had immellsely
paid back the society too, in more than one way. Mr.Sanghi is one
such example.
I to'
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Time lessens the impact of bereavement. However, for those who
were very close to the departed, it may not be like that. We have
Mr. R.K.Sanghi, Mr. Vipin Sanghi, Mr. Mukul Rohtagi,
Ms. Vasudha, Ms.Amrita and Ms.Anupama amongst us. pur
hearts also reach out to Justice Rohtagi (Retd.) and other mempers
of the bereaved family. Our condolences and prayers are witp tpem
to lessen the grief and enhance the strength. And for Sanghi
Saheb, he got blended into the pure light of Him, where fear and
tj.~ ;
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enmity are nil and only eternal tranquil prevails.

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AMARTJIT SINGH CHANDHIOK

PRESIDENT
DELHI HIGH COURT BAR ASSOCIATION
,',
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Justice Markanday Katju and Hon'ble companion Judges, President of
Delhi Court Bar Association, Mr. A.S. Chandiok, Standing Counsels of
Central Government, Delhi Administration and Various PHblic
authorities, my esteemed colleagues at the Bar, Ladies and Gentleman.
I had always known of Mr. G. L. Sanghi as a pleasing and efficacious
person, but I discovered the real Mr. G.L. Sanghi when I came to be more
closely associated with him about 4 years ago. Thereafter he would
always call me "PP" with a smile and hug me. In his sudden going away,
I have lost a friend, philosopher and a guide.
Mr. G.L. Sanghi, a prominent Supreme Court Advocate, was a very noble
and simple man. He was an eminent lawyer, and argued his cases with
full force and command. Always forthright and relentless in putting his
client' ~ case before the court, and outside the court, he was very humble
and met every member of the bar with ease and an affectionate smile.
Born on 3 rd April, 1932, Mr. Sanghi obtained a degree in Bachelor of
Law from Nagpur University and a Master's degree in Political Sciepce
in 1956. He taught Political Science for one year in Degree College, and
enrolled as an Advocate with the Bar Council on 25.11.1957 and became
a member of the Supreme Court Bar Association in 1959.

-.'
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He was appointed as a Central Government Standing Council in 1974 and
designated a Senior Advocate by the Hon'ble Supreme Court in 1976.
Mr. G. L. Sanghi practised largely in Supreme Court. He also argued in
several High Courts of India in various branches of civil, constitutional
and commercial laws, including Arbitration, Personal . Laws, WR,

Maritime laws etc. Numerous leading judgements of Supreme Court and
High Courts argued by him have been reported in every law journal since
1965-66.
\_ I have had the pleasant opportunity of contesting a few matters opposing
him and I alone know how much I had to toil to deal with fundameptal
contentions raised by him. He had the wonderful art of carrying the court
with him and conducting a case by infusing fresh and novel ideas info it
and thereby making the bench and the opposition think, rethink and
ponder.
,
f
- The list of his accolades and leadership with several associations is long
and reflective of his stature - Mr. Sanghi was the immediate Past
President of LAWASIA (a well known International Lawyers'
Association in Asia Pacific), he was an honorary life member and Vice
President of Bar Council of India, President of Indian Associatioq of
Lawyers (Delhi Chapter), President of Search (an NGO consisting of.

@
retired High Court Judges, Lawyers, Medical Practioners and Journalists),
Vice President of Heart Care Fowldation of India, Vice President of
United Lawyers Association, Ex-Director, PWljab National Bank, Asset
management company Ltd. Apart from these, He published many articles
and made representations at various National and Intem(ltional
Conferences.
Sanghi 'Parivar' is a big family. Mr. G. L. Sanghi is survived by p.is
father Shri Vishnu Kumar Sanghi aged about 100 years, who with God's
grace is active and alert. Mr. G. L. Sanghi's wife Mrs. Prem Lata San~hi,
a housewife, is pious lady. Among his younger brothers, Slm K.B. Sanghi
is. a businessman settled in Nagpur,; Shri Shyam Sanghi, an MBA settled
in Muffibai, Dr. Vinod Sanghi, a doctor is settled in USA; Dr. Mohan
Sanghi is a Surgeon practising in Delhi; Shri Madan Sanghi is a
Chartered AccoWltant in Mumbai and Shri R.K. Sanghi is a Lawyer at ,~

/t-l \J-O ~ ef- (i:1 H,.,. ~
Delhi. One of.his daughters, Mrs. Vasudha Rohatgi is the wife of former
C
ASG Shri Mukul Rohtagi. His other daughter, Dr. Veena is the wife of
Dr. K.K. Aggarwal, a Cardiologist. His son Slm Vipin Sanghi is an

~&-( ~~ HcrJ~~
eminent pfactisiRg Advocate and a well respected member of this Bar,
(,
and another son Slm Vivek Sanghi is a Software Engineer in USA. Being
the eldest in his family, Mr. G. L. Sanghi has always contributed tp the
success of and took devoted care of one and every member of the family.
The demise of Mr. G. L. Sanghi has left a void in the corridors of the
Supreme Court and High Court which will not be easy to "fill. Men may
come and men may go but there are certain persons who leave their
imprints and memories indelibly with all those whose lives they touch.
His loss would be deeply felt by all in the legal field for years to come,
not to mention the irreparable grief suffered by his family.
I, on behalf" of the Government of India, my collea~ues central
government counsels, other government counsels and on my own b~llalf,
request the Hon'ble Chief Justice of High Court of Delhi to convey our
heartfelt condolences to the bereaved family and pray to the Lord
Almighty to bestow courage on the grieving family to bear this
irreparable loss and may his departed soul rest in peace always.
~~w~
(P.P. Malhotra)
Addl. Solicitor General of India
13 January, 2006
J
FULL COURT REFERENCE ON THE SAID

DEMISE OF MS. SWARNA MAHAJAN AND
MS. ANURADHA MAHAJAN, ADVOCATES OF
THIS COURT.
My Lords the Hon'ble Judges of the Delhi High Court,
learned Additional Solicitor General of India, Mr. President and
office bearers of Delhi High Court Bar Association, learned
Standing Counsel for the Central Government and Government
of Delhi, learned Members of the Bar, members of the
bereaved family, Ladies and Gentlemen.
We have assembled here to mourn the sudden and sad
demise of Ms. Swarna Mahajan & Ms. Anuradha Mahajan,
eminent Advocates, who breathed their last on 1ih March 2006
(74 years & 48 years).
Details of their lives have already been stated by Mr.
Chandiok, Mr. P.P. Malhotra and Ms. Mukta Gupta and hence I
need not repeat the same. (Through the newspaper reports I

o~
realized their stature and eminence and I am sure they were
held in high respect by all).
In the death of Ms. Swarna Mahajan & Ms. Anuradha
Mahajan we have lost two stalwarts of the legal fraternity. Their
death undoubtedly is a grievous loss to us all and in particular,
to members of their family.
We send our condolences to the members of the
bereaved . family and wish them strength to bear this
irretrievable loss. May God bestow peace to the departed soul.
I request you all to pay homage by standing in silence for
two minutes in the memory of Ms. Swarna Mahajan & Ms.
Anuradha Mahajan.
(MARKANDEY KAT JU)

CHIEF JUSTICE
16TH March 2006
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My Lord, the Hon'ble C e"'1ustice of the High Court of Delhi, Mr.
Justice Markandey Katju and Hon'ble companion Judges, President of Delhi
High Court Bar Association, Mr. A.S. Chandiok, Central Government
Standing Counsels, Counsels for Central Government, Standing Counsels of
Delhi Administration and Various statutory authorities, my esteemed
colleagues at the Bar, Ladies and Gentleman.
I stand here with a heart full of grief at the shocking and tragic passing
away of two of respected lady members of our Bar - Mrs. Swama Mahajan
and her daughter Mrs. Anuratha Mahajan. Mrs. Swama Mahajan, born on
November 29, 1932 in Hissar, hailed from a highly respectable family. Her
maternal grandfather was the Public Prosecutor in pre-partition North
Western Punjab. Other eminent members in her family include Retired Me
Justice S. S. Dhawan (former Governor of West Bengal), A. S. Dhawan,
India's former Ambassador to the Phillippines, Justice Ravi Dhawan, Chief
Justice of Bihar and ProfSatish Dhawan (former Chairman of ISRO).
Mrs. Mahajan graduated from Christ Church College in Simla and got
married to Amrit Mahajan on January 29, 1955. Driven by her desire to be

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more than a housewife and encouraged by her family, 16 years after her
marriage, she joined law classes at Kanpur University, graduated at the top
of her class, and joined at the Bar in Kanpur.
In 1972, she started independent practice at Patna. Her sympathy for
downtrodden and less fortunate combined with her knowledge of law
inspired her to become a crusader for change. She conducted several pro
bono matters for the poor over her career.

.. '''."''~
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In 1975, the family move~lhi and she had the opportunity to

join the chambers of Late Mr. Danial Latifi who was a senior and well
respected Advocate and argued several important constitutional matters.
Unfortunately, she lost her husband suddenly on March 22, 1977
leaving 2 young children to care for. Over the last 31 years, she valiantly
fought and went on to become a leading advocate of Delhi. She became an
expert in service matters, military matters and service law and played a key
role in several historic judgements.
Mrs. Mahajan was Honorary President of several leading Women's
organizations and former President of All India Federation of Women's
Lawyers. She fought for rights of women lawyers and better representation
of women in the Judiciary.
A person of many talents she was an excellent painter, astrologer and
singer, apart from being a voracious reader. She was deeply religious and
always kind and sympathetic to the poor and their cause. She was a waml
and loving mother and brought up her children in a religious environment to
be independent, open-minded, honest and committed individuals.
Most unfortunately, her daughter, Ms. Anuratha Mahajan, was also
taken away by the cruel hands of fate in the same heinous crime that caused
the sad demise of Mrs. Swama Mahajan.
Ms. Anurathan Mahajan graduated from Delhi University and
obtained her law degree from Kanpur University, after which she joined her
mother's law practice. Like her mother, she was actively involved in various
women's rights, legal aid forums and never hesitated to help the needy and
poor. As her mother's health failed, she took over her practice while
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continuing to nurse her ailing mother. Though her brother Sanjiv Mahajan
lived abroad, she loved his children and treated them as her own. She always
put her family above herself and devoted her life to their welfare.
Bar hasnot only lost two eminent Advocates but also two courageous
ladies who were kind hearted, fiercely independent and diligent and
committed to family as well as work. They are survived by Mrs. Swanla
Mahajan's son - Sanjiv Mahajan, who runs his own management consulting
company in Princeton, USA.
I, on behalf of the Government of India, my esteemed colleagues
Central government standing counsels, other Government Counsels and on
my own behalf, request the Hon'ble Chief Justice of High Court of Delhi to
convey our heart felt condolences to the bereaved family and pray to the
Lord Almighty to bestow courage on the grieving family to bear this
irreparable loss and may their departed souls rest in everlasting peace
always.
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(P.P . Malhotra)
Add!. Solicitor General of India.
16.03.2006
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OBITUARY REF~NCE BY MS. MUKTA GUPTA,

The news of gruesome murder of Mrs Swarana Mahajan and Ms.
Anuratha Mahajan came as thunder bolt on Sunday the 1ih March. The shock
was so immense and the feeling that came across the mind was that such an
act could neither be of a man made by God nor of a beast of jungle, Mrs
Swaran Mahajan and Ms Anurtha Mahajan had always been helpful to the
down trodden and needy and were always on the forefront for the cause of
woman lawyers in particular and will be always remembered for their
contributions.
Mrs Swarana Mahajan daughter of an illustrious father Beli Ram Dhawan
of Dera Ismail Khan who was a Public Prosecutor, rose and earned far more
laurels for herself and her family by her deeds, even beyond what was dreamt
of by her father.
Mrs Swaran Mahajan was an avowed combination of traditions, values,
high morals and progressive thinking. After graduating from Christ Church
College in Simla, she did her M.A. in English from Indrapastha College. Beside
being fully committed to her married life and children she spared time for further
education and completed her LL.B. from Kanpur University. Her knowledge of
law further helped her to fulfill her commitment for the down trodden and the
less fortunate. A fine blend of values, knowledge and talent she was a great
singer and painter.
One of the most respected members of the Supreme Court and High Court Bar
Associations we would often look towards her for her guidance. As president
of several leading women's organizations. She fought for rights of women
lawyer, any meeting of women lawyers was incomplete without her
participation.
fj,i)
As the mother, so the daughter ~'A~uratha Mahajan had all the traits of her
mother. Having completed her graduation from Delhi University Anuratha did
her LL.B from Kanpur and followed her mother's footstep. The daughter was a
step ahead in fighting for the cause of the women's rights and never hesitated
in helping the needy and poor. We will all remember Anuratha for her strong
views , total commitment to her cases and her dedication to her family and
friends.
Mrs. Swarana Mahajan and Ms. Anuratha mahajan were a rare example
of umbilical union. They lived together, thought together at the same
wavelength and acted together, In death also they did not part company.
Friends, we are here not only to condole their death or to condemn the
dastardly crime but we all have to rise to the occasion by giving our active
participation in ensuring that no such incident happens in future, not only to
our fellow colleagues but to any human being.
The loss to Mr. Sanjiew mahajan is irreparable.
bereaved family to bear the loss.
behalf.
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(M~KA-GUPTA)
STAN61NG COUNSEL (CRL.)
16th March, 2006

MS. SWARAN MAHAJAN AND
MS. ANURATHA MAHAJAN.
FULL COURT REFERENCE - MARCH 16, 2006
MY LORD CHIEF JUSTICE, YOUR LORDSHIPS, ADDITIONAL

SOLICITOR GENERAL OF INDIA, STANDING COUNSEL FOR
GOVERNMENT OF INDIA AND GOVERNMENT OF
'JATIONAL CAPITAL TERRITORY OF DELHI, OFFICE
13EARERS OF DELHI HIGH COURT BAR ASSOCIATION AND
MEMBERS OF THE BAR, MY COLLEAGUES AT THE BAR,
Like most of you, I have never thought that we would have to

assemble for a Reference like this one. Nor would any of us ever
like, nay ever dream to have an assemblage like this to pay
lomage to departed colleagues who have been taken away not
by destiny in its routine, but by man's own cruelty to man,
perpetrated in its most foul manner and most gruesome order.
Sunday's telephone call broke the sad news to me. Scene at site
was shocking. It was difficult to believe what I saw at the house.
Monday's newspapers reported that "a forty six year old Delhi
High Court lawyer and her mother, also a lawyer, were found
murdered in their Sidharth Enclave home, opposite Maharani
Bagh, on Sunday morning. The police believe they
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were either strangled or smothered to death." Murders have

become a common story nowadays. We have learnt to forget
the incidents no sooner than the newspaper is put down. The
newspapers themselves get bored of such stories and follow up
journalism does not last longer than few days. Public memory is
also too short. Throwing shame on the national conscience,
,laming the police and judiciary, the story and the fury ends
happily. What else can the public do? They are helpless. But
are they? The answer may need research which can perhaps
offer subjects for a number of doctoral theses.
Here, we have lost two colleagues, two active members of the

Bar in general and the High Court Bar Association in particular.
A mother daughter duo were practicing in this Hon'ble Court
'. lnd were known to be extremely good amongst their
neighbours. I had the fortune to be one of their neighbours both
at Defence Colony where they spent few years and at the
Lawyers' Chamber Block-I. Their demise is a great personal loss
tome.
The mother and daughter were working together and living well
together. For the Court, they have always be.en respectable
officers. Mrs. Swaran Mahajan hailed from a respectable family,
was married into a respectable family. She graduated in law
after her marriage. She set up her practice and passionately took
2
it up. After moving to Delhi in 1975, she joined the Chamber of
Mr. Danial Latifi, a legal legend and with the dent of hard work
she became an expert in civil, service and military laws. She
possessed great legal acumen, ethical esteem and photogenic
memory. She handled several landmark cases.
'he decision of this Hon'ble Court in Ex-Major N.C.Ajwani Vs

DOl is one of the landmark cases in which she assisted the Full
Bench. The court while dealing with the Doctrine of Pleasure
under Army Act held that the concept of 'camouflage' is a facet
of judicial review and that the court would lift the veil in all
cases where it appears to court that power has been used for a
collateral purpose. One of her Cham~er colleagues today
proudly adorns the Bench of this Hon'ble Court; Hon'ble Ms.
~
· ustice Geeta Mittal.
To speak of Mrs. Swaran Mahajan, she was always in the

forefront of women's causes. She headed several women's
organizations including All India Federation of Women Lawyers
and relentlessly fought for the upliftment of women. It is not
ironical, according to Mrs. Mahajan, when Indian mythology
places women on a very high pedestal and they are worshipped
and honoured - Goddess of learning Saraswati; of Wealth
Laxmi; of power Parvati - we adopt double standard in so far as
3
her guaranteed rights are concerned even under Constitution.
We must fight against traditions, according to her, that have
chained them - a fight against attitude that is ingrained in the
Society. It is rather sad that one keep celebrating woman's days
in all spheres, but in actual, little concern is shown for her
honour and her dignity. According to her, social order based on
, utative qualities of 'maleness' and 'femaleness' needs to be
changed. Women, no less than men, require to be treated as
"person, not statistical abstraction" .
Despite the misfortunes in her life, she never lost her sensitivity.
A deeply religious person, highly talented in music and painting
she had an amazing emotional resilience and incredible ability to
bear pain. Her difficulties made her understand others'
• i.. Hfficulties and problems better. She played multifaceted roles;
~-
each role diametrically different, yet played them so effortlessly.

She never lagged behind in lending support to a deserving hand.
Following Mrs. Swaran Mahajan, her daughter Anuratha
pursued her profession, whereas the other child, a son, Sunjyiev,
decided to move into business after a brilliant academic career in
economics, accountancy, computers and management. The
daughter, Anuratha, who followed her mother's profession, also
rose to heights and after her mother began to have indifferent
health, shouldered the office entirely herself and looked after her
mother with great devotion. The mother daughter duo
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remained very close to each other and was envious for others.
And that closeness and union, even death could not defeat.
This incident, however, does not end or cannot be allowed to'

end with casual condolence, or the routinely long police
investigation. The Bar would continue to monitor it till the end
_ nd ensure justice is done. More over, the incident is a pointer to
the stark realities of our society. It is a lesson for each one of us.
Was the crime a result of any professional work handled by the
deceased? Was there any other kind of motive? Was there any
other kind of human situation behind this? We have to educate
ourselves on all these points while we join together to demand a
stern action.
bis incident calls to my memory the words of Prof. Amartya

Sen, who said years ago in one of his lectures: "one of the most
brutal features of gender inequality tends to take the form of
physical violence against women." The irony here is that two
women, who fought for women's causes and championed them
for their folk, met with the unpredictable end. Swaran ji had
fought for the rights of women and had argued in favour of a
better representation of women in the judiciary! Professor Sen
goes on to say: "Indeed, the frequency of battering of women
even in the richest and the most developed economics is
astonishingly high... ... ...... in respect of India, it must be
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acknowledged first that the frequency of assault on women is

high in the country." A prophetic observation about a pathetic
condition in our country.
It is no time now to dwell upon the sociological aspects or other

aspects of the incident. It cannot, however, be allowed to melt
~.own simply or casually. Each one of us must absorb the
sociological lesson and value behind such incidents so as to
prevent a recurrence in our lives and in those dear to us and
known to us. And each of us should unite to see that the
incident is probed properly and the perpetrators are brought to
book in the shortest possible time.
Our hearts go to Sanjyiev and the grandchildren of Swam ji.

~
: Vhile we salute the departed mother-daughter duo colleagues

\
in homage, it is our prayer that may their souls rest in peace and
may God grant enough strength to Sunjyiev and other members
of the bereaved family to bear the loss and steer ahead.
Amarjit Singh Chandhiok. March 16, 2006

President
6
Bawa Shiv Charan Singh
Bawa Shiv Charan Singh was born on 1-1-1918 . He studied at Government
Model School, Lahore , graduated with Political Science (Honors) from Forman
~- - - Christian College , Lahore in 1937. In 1940, he passed LL B. examination from
Law College, Lahore standing first in the University.
Thereafter, he started practice on the Civil & Criminal side in the District Court,
Lahore, defe nding those who were arrested in the freedom movement.
In 1941, he was arrested in connection with the escape of Subhash C andra Bose
from India and confined in solitary cell for two month s, thereafter he was enrolled as a n advoca te of the
High Court of Lahore .
In 1947, he organised peace committees to prevent crim e in Lahore at the risk of his life . In 1947, he
came to India and started practice in the District Court, . Delhi . He served as counsel of Ja miat Ulema
Hind , run under the guidance of Maulana Azad and Ma ulana Hafizur Rehman, doing several cases of
Muslim evacuees. He got man y Muslims acquitted who were accused of various offences .
While defending the alleged evacuees, his practice got diverted from Criminal to Civil. He was enrolled as
an Advocate of Supreme Court in 1951 and also appointed amicus curie by the Supreme Cou rt to defend
cases of those who could no t engage private counsels . He engaged in complicated civil cases relat ing to
inheritance, properties. Commerce and criminal cases of mob violence , bank fraud s and ma intenance of
the destitutes . He a lso started practice on Labour side and appeared o n behalf of workmen.
In his other activities, he has been associated with the Congress , Naujawan Bharat Sabha , Communist
Party of India and eminent personaliti es including Girdhari Lal Dogra (Ex . Finan ce Minister, J&K
Government), I.K. Gujral and Harkishan Singh Surjeet.
He is the o ldest practising lawye r in the courts of Tis Hazari, Delhi High Court and Supre me Court. At the
age of 82 years, he is the oldest active practising lawyer and has bee n honoured by th e Supreme Court
Bar Association and the Supreme Court .
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My Lord, the Hon'ble Acting Chief Justice of the High Court of
Delhi, Mr. Justice Vijender Jain and his Hon'ble companion Judges,
President of Delhi High Court Bar Association, Mr. A.S. Chandiok, Central
Government Standing Counsels, other Counsels for Central Government,
Standing Counsels for Delhi Administration and Various other statutory
authorities, my esteemed colleagues at the Bar, Ladies and Gentleman.
Bawa Shiv Charan Singh was well known and well respected
advocate. He was very conscious, well read and always thoroughly prepared
with his brief. Number of judgements reported in Law Reports show his
..•.. ~
love, attachment and contribution to this noble profession. He was a role
model advocate. His deep studies and knowledge of law was respected by
all. These days lawyers claim to be specialists in particular branch whether
civil, criminal or any other branch. He like a tnle and efficient lawyer and
like a judge could handle any branch or case assigned to him. He was an
advocate with all round knowledge in various subjects. I had the
opportunity to appear with him and against him and it had been always a
great experience, pleasure and learning:
By his demise the bar has lost a true lawyer and helpful friend for the
younger members of the bar.
. ~ .
He was born on 1· January 1918 and completed hIS law from Law
College, Lahore. He practiced in Lahore, He was in the forefront in
freedom movement and was arrested in connection with the escape of Shri
Subhash Chand Bose from India and was confined to solitary cell where he
remained about two months. He came to India along with his family after
, .•... '
the partition and was enrolled as an Advocate of Supreme Court of India in
1951. He was often appointed amicus curie by the Hon'ble Supreme Court
at the time of his initial practice. He had all round practice in all the
branches of law and has been associated with the Congress, Naujawan
Bharat Sabha, Communist party of India. For his dedication to the
profession for a number of years the Supreme Court Bar Association had
honoured him.
By his demise we have lost a real advocate, noble soul alld void is
created and I think it will take a long time to fill up this void. The bar has
suffered irreparable and incalculable loss.
I, on behalf of the Government of India, my colleagues, Govenunent
Counsels and on my own behalf, request the Hon'ble Acting Chief Justice
of Delhi High Court to convey our heart felt condolences to the grieved
family and pray to the Lord almighty to bestow courage on the grieving
family to bear this irreparable loss and may his departed soul rest in peace
always.
} ~ a.• ...>-
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~~
(P.P. MALHOTRA)
ADDL. SOLICITOR GENERAL
NEW DELHI
DT.20.4.06
.. ,;. .....
."
/
BAWA SHIV CHARAN SINGH
FULL COURT REFERENCE - APRIL 20, 2006
MY LORD CHIEF JUSTICE, YOUR LORDSHIPS, MR P.P.MALHOTRA,

ADDITIONAL SOLICITOR GENERAL OF INDIA, MR. RAMESH GUPTA,
CHAIRMAN - BAR COUNCIL OF DELHI, STANDING COUNSEL FOR
GOVERNMENT OF INDIA AND GOVERNMENT OF NATIONAL CAPITAL
TERRITORY OF DELHI, OFFICE BEARERS OF DELHI HIGH COURT BAR
ASSOCIATION AND OTHER BAR ASSOCIATIONS, RESPECTED SENIOR
MEMBERS OF THE BAR, RESPECTED MRS. BAWA SHIV CHARAN SINGH
JI AND OTHER RELATIVES, MY, COLLEAGUES AT THE BAR, LADIES AND
GENTLEMEN:
Another sad occasion for us~ Today, we are referring to the

sad demise of Bawa Shiv Charan Singh Ji, a senior colleague
by all means, who passed away on the 11th of this month. At
the outset itself, let me convey our heart-felt condolences to
his bereaved family.
An octogenarian, one of those fortunate few, who had been
able to have the longest innings in Delhi Courts, Shiv Charan
Singh Ji lived a full and honourable life. When a great tree
falls, the forest somehow looks barren.
I knew Bawa Saheb personally and had the privilege of
appearing for him. I can say without fear of contradiction,
that he was a remarkable man, with firmness of character and
courage of conviction. At the same time, he was kind, tender
and warm at heart.
Shiv Charan Singh Ji was born in Lahore, where he had his
schooling. In 1940, he took his law degree, standing first in
the University, from Lahore Law College. He got enrolled as
an advocate of the Lahore High Court after he was released
from Jail in 1941 where he was confined to solitary cell.
Slowly, his practice changed the main lane of criminal law and
entered the civil side.
fl.s. Cliarufftiok.
06ituary - CBawa Snit! Cliaran SitI(Jn
i In 1947, he moved to Delhi and started his practice at the

I District Court. He attained prominence as a lawyer by dint of
!
hard work, by carrying on the study and practice of law, habit
of deep thought and intensive research, a habit which
constitutes the mightiest weapon of success in the profession.
From a humble beginning, he went on to create a legal empiF,e.
As a lawyer he was always farsighted, seeking to open gates to
be able to walk into open, breath fresh air and be prepared to
take the paths thitherto untrodden in jurisprudence by others,
especially when it came to Hindu Law, Evacuee Law and Civil
Procedure Code.
He had a rapid mind and penetrating perception of legal
problems which he tried to resolve not from the light of the
past but by expounding new doctrines consistent with the
constitutional philosophy.
The Delhi High Court bestowed on him the honour of Senior
Advocate which was rare then.
When he was honoured with the Lifetime Achievements
Award in 2000, the introduction given to him ran: ".... at the
age of 82 years, he is the oldest active practicing
lawyer .... " It is our common trait that we wish to be on our
legs till we breath our last.
He did not lag behind in his obligation to the society, whether
pre or post-partition. In the pre-partition days he had to court
arrest in connection with the escape of Subash Chander Bose
and risked his life many a time by organizing Peace
Committees in Lahore. Freedom movement was extremely
dear to him and he was known for defending those who were
arrested in participating in the Freedom movement. After
partition, his nationalist spirit was high again and he was in
constant touch with the then national leaders like Maulana
AzadBahib and others. He was secular minded and was a
staunch believer of secular democratic principles.
During niy interactions with him, Shiv Charan Singh Ji oftep
used to stress on the social dynamics of the judiciary and the
role of lawyers in it. He used to narrate the spirit of law
2
.fts. Cliatufliiot
06ituary - <1Jawa Slii1l Cliaran SiTI(J1i
students during his college days, with reference to freedom

movement and national issues. He often expressed despair
over the lack of interest shown by law students and lawyers in
respect of national issues. He was particularly concerned with
corruption and malpractices. Citing the risks he and his
friends undertook as students and young lawyers, he used to
say that if we ignore the warning signals of a social or political
error, it won't be too long before we also are part of that.
Sitting too much on the fence would help the iron enter our
soul. He was particularly unhappy that the youth today,
lacked that kind of a social involvement and commitment. He
used to say that self-centered ·ambition and the attitude of
'smash and grab' have become the hallmark of life today.
Bawaji believed that spirituality should be used for betterment
of life. He always believed that every human being must work
to help alleviate his brethren's pains and sorrows. He devoted
a good deal of his energy and time to teach the new entrants
joining the profession with him. According to him, the decline
in the prestige and image of legal profession should be a'···
matter of concern to one and all. This discontent had become
more articulate in recent times. He was equally concerned
with 'arrogance' finding its way to the Bench. Members of the
Bar, according to him, are to be respected by the Court.
Lawyer is a fearless warrior and a compassionate friend.
According to him, it was high time that the Bench and Bar
identify the areas of fault and default and initiate corrective
action to repair the damage before it is too late. One is
reminded of response of the US Chief J ustice Warren E.
Burger when his senior Judge gently chided him to wait for
few years before saying what was wrong: "No, I am afraid
that if I wait too long I will get used to it" - followed it by
remarking - "My mother taught us that the time to fix
cracks in the plaster is when you first move into a
house. Later you don't pay attention to them."
In my view the best tribute to stalwarts like Bawa Sahib shall
be to fix these cracks both in the Bench and the Bar and start
the repair work in the right earnest.
..
f
"
i .,
i
f
flS. CftandTtio~
.I 06ituary - <Bawa Sniv Cliaran Sinon
..•., ..
I Our Hon'ble President, Dr. A.P.J. Abdul Kalam, in his recent

speech during the Golden Jubilee celebrations of the
Karnataka High Court said: "Our judicial system is a
reflection of the current dynamics of the society and
has the potential to be an enabler in transforming the
society in its dynamic development process. As the
ultimate protector of human rights and the final
resort for dispensation of justice, the citizen of India
look upto this institution with respect and eternal
hope."
On this occasion, let us all join hands and pledge to do our bit
to bring more dignity and respect to our judicial system, keep
up our healthy traditions and conventions, and not forget that
even small gestures of 'pass over' of matters reflect mutual
respect and regard.
We lost a learned senior member of our fraternity. The loss
brought by death is irreparable. With our knowledge we may
earn wealth and fame. With that we may be able to buy all
kinds of physical comforts. And then death comes for that.
eternal walk. Sometimes early and at times late. Beyond that
what is life? Philosophies are there, religions are there, but
nothing could bring back a departed soul. What we have
about life after death is assumed knowledge. And that is the
magic of life, not death. A life well lived is all that we can hope
for. It is the life in our years that matters and not the years in
our life. For Shiv Charan Singh Ji, both were qualitatively
positive. He was blessed with both -life and years.
While we pray for his eternal peace, let us again convey our
heart-felt condolences to his bereaved family. May He grant.
them enough strength to bear the loss. Let them cherish the
good memories of Bawa Sahib and steer ahead with more
enthusiasm and interest.
Amarjit Singh Chandhiok

April 20, 2006.
4
Not only this he devoted his entire life to the profession. He
also foun~ time to associate himself with political activities by
participating in the programme of Congress Naujawan Bharat
Sabha, Communist Party of India and also remained
associated with eminent personalities including Girdhari Lal
Dogra, I. K. Gujral and Harkishan Singh Surjeet.
He belonged to a family of lawyers. His father Bawa Faquir

Singh was also a well-known and respectable lawyer. His
brothers were also imminent lawyers in Delhi. His wife Mrs.
Sumita Bhalla is also ~ember of the Bar. He was one of the
"v-
oldest practicing lawyer in the courts of Tis Hazari, Delhi High
Court and Supreme Court. He was also honoured by the
Supreme Court Bar Association and the Hon'ble Supreme
Court as one of the oldest eminent lawyer.
He was totally devoted to his profession and clients and he

used to start his day at 4.00 a.m. in the morning and late up to
12.00 mid night.
Bawa Shiv Charan Singh truly followed what Abraham Lincoln

once said "discourage litigation. Persuade your neighbourers
to compromise whenever you can. Point out to them how the
nominal winner is often is real looser - in fees, expenses and
waste of time. As a peacemaker the lawyer has a superior
.•.....
opportunity of being a good man. There will be business
enough."
r1~
OBITUARY REFEREkdy MS. MUKTA GUPTA,
Hon'ble the Acting Chief Justice. Hon'ble Judges. Chairman. Bar Council
of . Delhi, Ld. Addl. Solicitor General. President, Delhi High Court Bar
Association and esteemed friends.
On 11 til Apri12006. Destiny has snatched from us our old guard, a
freedom fighter, a messiah of the poor and the down trodden. The great grand
father of the legal fraternity Bawa Shiv Charan Singh Ji is no more with us, to
guide us and to steer us. A doyen of laws, whether it was commercial, labour .
..•... '.
criminal or any branch of civil law. Bawa ji conducted each case with the master
acumen he possessed.
Born on 01/01/1918 Bawaji had his education at Lahore and topped in.
LLB examination in the whole of Punjab University at Lahore in 1940. where
after he joined the bar practicing both Civil and Criminal laws in the district court
at Lahore. To struggle for the freedom of the country was the goal of his life. As
a freedom fighter he actively participated in the freedom movement, which was
at its peak in those days. The freedom fighter in him took him to jail and faced
solitary confinement in connection with the escape of Netaji Subash Chander
Bose from India. Not only did he fight for freedom he also fought for the
freedom fighters by defending them in their trials.
A front runner for communal harmony Bawaji organized various peace
committees to prevent communal riots then prevalent due to the 'Divide and
R~le' policy of the imperialist government. The partition of the country forced
Bawaji to migrate to Delhi lik~ millions of other countrymen, where he started
afresh the legal profession in the district courts.
Our. national leaders Maulana Abdul Kalarn Azad and Maulana Hafizur
Rehman well recognized the caliber of Bawaji and he was engaged as a
counsel for Jamiat Ulema Hind. He ably fought the causes for minc)~ity. Bawaji
has been actively associated with ~ongress party, Naujawan Bharat Sabha.
Communist party of India, besides other social organizations set up for the
welfare of the people on progressive thinking.

" r
CY
A pioneer of the free legal aid in the country, Bawaji was appointed as an
Amicus Curie in 1951 by the Hon'ble Supreme Court to defend those cases
where the poor litigants could not engage private counsels. A Senior Advocate
of this Hon'ble court and the Hon'ble Supreme Court, Bawaji conducted cases
in all spheres of the civil laws till the 89 th year of his life actively. The loss of a
great man like Bawaji is unbearable and irreparable to the bar and bench.
bereaved family including his wife Smt Sumitra Bhalla, Advocate to bear the
loss.
May I request my Lord Hon'ble the Acting Chief Justice to convey the
~. heart felt condolence to the bereaved family on behalf of the Govt. of NCT of
Delhi, on behalf of my colleagues representing Government of Delhi and on my
own behalf.
Al,jXL J~ _. .
th
(j
(MUKTA ctGrlTN
20 April, 2006 STANDING COUNSEL (CRL.)
..
".
@
FULL COURT REFERENCE ON THE SAID DEMISE OF
BAWA SHIV CHARAN SINGH, ADVOCATE OF THIS
COURT.
My Lords the Hon'ble Judges of the Delhi High Court,
learned Additional Solicitor General of India, Mr. President
and office bearers of Delhi High Court Bar Association, Mr.
Chairman, Bar Counsel of Delhi, learned Standing Counsel
for the Central Government and Government of Delhi,
learned Members of the Bar, members 'of the bereaved
family, Ladies and Gentlemen.
We have assembled here to mourn the sudden and sad
demise of Bawa Shiv Charan Singh, who breathed his last on
11th April '2006, at the age of over 88 years.
Besides being an eminent lawyer in civil and. criminal
matters, he was also associated with various other activities.
In 1941 he was arrested in connection with escape of
Subhash Chander Bose from India and confined in solitary
cell for two months. During 1947 he organized peace
committees to prevent the crime in Lahore at the risk of his
life. He handled many cases of evacuees and also got many
persons acquitted who were accused of various offences on
account of communal laws. He was a true nationalist and
had abiding faith in secularism.
In 1947, he came to India and started practice in
District Courts, Delhi. He was enrolled as an advocate of
Supreme Court in 1951 and defended as amicus curie many
a poor client. He could handle any complicated civil case
relating to inheritance and properties.

·
.
/
"
rpy,)
~.~.:,./
He was the oldest practising lawyer in the Courts at
Delhi, an.d received honours from the Supreme Court, this
Court and also the Supreme Court Bar Association.

..•.....
I had the privilege of appearing in many cases against
Bawa Shiv Charan Singh. His erudite knowledge of law, his
court craft and his analysis of the case not only in that court
but what would happen in the appellate court was unique.
We have one of our esteemed colleague as a Senior Judge,
who happened to start his practice under the wings of late
Bawa Shiv Charan Singh, Justice Swatanter Kumar.
In the death of Bawa Shiv Charan Singh we have lost a
stalwart and a fatherly figure of the legal fraternity. His death,
undoubtedly, is a grievous loss to us all, and, in particular, to
members of his family.
bereaved family and wish them strength to bear this
irretrievable loss. May God bestow peace to the departed
soul.
I request you all to pay homage by standing in silence
for two minutes in the memory of Bawa Shiv Charan Singh.,;",
(VIJENDER JAIN)
ACTING CHIEF JUSTICE
20th April, 2006

moment after the silence, and it will be announced by
Hon'ble the Acting Chief Justice as under:
"As a mark of respect to the departed soul, the

Court is adjourned for the rest of the day."
# .....
My Lords, Hon'ble Acting Chief Justice of High Court of Delhi Mr.
Justice Vijender Jain and his Hon'ble compani~~ J~~~es,: ~:ri :~'.~\,~~~an~i~~, ',-'';< J.!:, ! I.
President of Delhi High Court Bar Association,} Members of the Executive ,r
. . ~
Committee of the .Delhi High Court Bar Association, Central Government : ,f I
'.,,/
...
.'
'
Standing Counsels, Standing Counsels for the Delhi Administration and
various other statutory authorities, my brother juniors of Late Shri Kundan Lal
I/l..~'; 't.,.~ /3 t ,·l..e,,,
Arora I and my esteemed colleagues, Members of the Bar, Ladies and
,.
Gentlemen.
2. Today, we have assembled here to pay homage to late Shri Kundan Lal
Arora. He left his mortal body on 21.09.2006 and those of you, who were
close to him, knew him well can still see him. He is still with us. His memories
are with us. His soul is guiding us and shall continue to guide us.
3. He was very simple, sober, humble, gentle, noble, well mannered,

"~". '.
disciplined advocate. He was the same both inside and outside the Court. He
had no ego and was always polite and respectful to the Bench, his juniors and
colleagues. He was full of affection towards all. Like almighty God gives free
air to all men irrespective of their religion, their thoughts and deeds, so was the
love and affection and smile distributed by late Shri Kundan Lal Arora towards
-' ''1~- -' -. ;'
@-- /
all. He .was always immaculately dressed. He was a embodiment of a true and a
gentleman advocate.
4. Late Shri Kundan Lal Arora was born in 'Pattoki' in a small town in district
Lahore (now in Pakistan) on 15.12.1912. He did his graduation and Post
Graduation from DAV college, Lahore and L.L.B from Govert1Jllent Law
College, Lahore. In 1936, he was enrolled as an Advocate of the Lahore High
Court. After partition of the country, he shifted to Delhi where he established
his practice, both as civil and criminal lawyer. Later he exclusively worked on
criminal side and earned a name for himself both as a prosecution counsel and
a defense lawyer.
5. Like many of us he migrated to Delhi after partition of the country. His first
fee at Delhi was Rs 2/- only with which he purchased a typewriter and with the
next fee he had purchased a cycle.
6. Late Shri Kundan Lal Arora was a leading trial court lawyer. His field was
law relating to commercial fraud, economic offences and all kinds of criminal
matters. He was the prosecution counsel for various departments including
Income tax department, Customs Department. He was Standing Counsel
(Criminal) i~ the Delhi High Court and was designated as a Senior Advocate
.'~'.'. '.
«
the Delhi High Court. After 64 years of active practice, Shri Kundan Lal
Arora left active practice in the year 2000.

.... "
"~'
7. In the 60's, Mr. Arora was a defense counsel for the accused in a famous
Meerut conspiracy case involving defense personnel. During emergency, he
had defended Baroda Dynamite Conspiracy case; he also defended late Mr.
Sanjay Gandhi in famous 'Kissa Kursi Ka'. He was prosecution counsel in the
case of assassination of Smt. Indira Gandhi and defended the conviction of the
accused upto Delhi High Court.
8. I have had the good fortune of beginning my career as his junior. Whilst in
his chambers, I was deeply impressed by his extra ordinary and pain staking
preparation in every case. His absolute mastery of his brief became apparent
when I saw that even in the most voluminous briefs he would take the court
straight to the relevant pages and paragraphs. He enjoyed so much credibility
ffild standing at the bar that often a statement on the facts of the case was
accepted by court with~ut even bothering to verify the same from the record.
P' Since it Was known that "Sh. Arora SAHAB" will never make a wrong
.,
statement. He was a man of extraordinary professional integrity and
competence. He was uninfluenced by any extraneous thought or consideration
in the discharge of his duty. He was man pure in body and mi~Many of his
~
~------------ _____ "

juniors have blossomed to great heights. Few of them can be named, Mr.
H.R.Bhardwaj Hon'ble Minister for Law and Justice, Justice D.P.Wadhwa
(Retd.), late Justice Charanjeet Talwar, Justice D.KJain, late Justice
M.K.Chawla, Justice Sat Pal etc.
9. Late Mr. Kundan Lal Arora was well-known to the Bar. He was a friend of
the Bar. He had very pleasing personality. He had a smiling face. Meeting him
was always a pleasure, he would easily ease the tension in any court and any
situation easily by laughing it out and, anger was alien to him. He took ··defeat
and victory alike.
10. By his death, the Bar has not only lost an eminent lawyer, but also a noble
and pure soul. I feel the best homage to his memory would be to follow his
ideals and conduct, by shedding away anger and animosity with anyone and
keeping cool and pleasant enviromnent all around. Mr. Kundan Lal Arora's
impeccable conduct, his professionalism and devotion to duty will forever
remain a sterling example to the legal fraternity.
11. I, on my behalf and on behalf on my colleagues, who are Standing
Counsels and Counsels for the Central Government and esteemed Members of
I,"
"~;': '.
Bar pray to the Almighty God to give enough strength and courage to
Justice D.P.Wadhwa (Retd.) the bereaved family.
May I request the Hon'ble Chief Justice to convey our'condolences and feeling
to the bereaved family.
(P.P. Malhotra)
Additional Solicitor General
29.9.2006
"~ ..' ' '.

,
TRIBUTE TO LATE MR. KUNDAN LAL ARORA,
SENIOR ADVOCATE
FULL COURT REFERENCE - SEPTEMBER 29, 2006
MY LORD, THE CHIEF JUSTICE, YOUR LORDSHIPS,

HON'BLE MR. JUSTICE D.P.WADHWA, FORMER JUDGEOI ~
HON'BLE SUPREME COURT, MR. 1'.15. MALHOTRA, ':I.......uto.t r -
ADDITIONAL SOLICITOR GENERAL OF INDIA, MR.
RAMESH GUPTA, CHAIRMAN, BAR COUCIL OF DELHI,
STANDING COUNSEL FOR GOVT. OF INDIJ\l~N2:lli! . ~ ~ ¥'-~
GOVT OF NATIONAL CAPITAL TERRITORY~FFICI!" ,-~ \
MEMBERS ·OF THE BAR, RESPECTED RELATIVES OF LATE
MR. ARORA, MY COLLEAGUES AT THE BAR, LADIES AND
GENTLEMEN:
A torchbearer of humanism has passed away.
With the demise of Kundan Lal Arora Ji, Senior Advocate, Indian
legal fraternity has lost one of its most luminous jurists. The
word "Jurist" is much debased in India; we have developed a
tradition where knowledge, virtue and even wisdom comes ex
officio, to a point that anyone even remotely connected with law
is described as "Jurist"! In this context, Mr. Arora's life was a
constant message on how not to be a Jurist.
.'~.'. '.
accusea 01 assaSSlnauon 01 1VU:S. 1I1Ull i::l Ui::lllUlll.

®
But he was. a Jurist in the complete sense of the term; he lived a
life of law and justice. Possessing an unsurpassed grasp of legal
principles, he wore his learning lightly.
Born in a small town of District Lahore in 1912, Mr. Arora started
his practice in Lahore in 1936. He shifted to New Delhi after
partition and practiced in almost every Court, both in civil and
criminal law. Slowly his practice changed lane and he confined
his practice to criminal law, where he was successful both as a
prosecution counsel and defence lawyer, in equal measure. His
eminence was enormous in handling economic offences. His
presence in many landmark cases are well known. He attained
prominence as a lawyer by dint of hard work, by carrying on the
study and practice of Law, habit of deep thought and intensive
research, a habit which stays as the mightiest weapon of success
in this profession. From a humble beginning, Arora Ji went on to
create a legal empire. As a lawyer he was always far sighted,
seeking to open new gates, to be able to walk into the open,
breathe fresh air and be prepared to take the paths thitherto
untrod den path in jurisprudence by others, especially when it

2
a.\...\""U~\"""\...I. v..&. ' - " - - - ' - - - - - - - - - ---

! i
carne to criminal law. He innovated a skill in persuasive
Advocacy which has escaped most of us. Daniel Webster, the

"~'.':".
greater American Lawyer said, "The power of dear statement is
the great power at the Bar". Arora Ji had this natural trait in
him.
According to him legal fraternity's dreams, whether bench or Bar,
have to be bigger, ambitions higher, commitments deeper, and '
efforts greater. This was the dream he had for the legal fraternity
and the administration of justice.
He often said that between his past, the present and the future,
there was one common factor: relationship and trust. This,
according to him, is the foundation of our growth. It is yet
another proud moment for Delhi High Court Bar that one of its
esteemed member was able to send five of his chamber
colleagues as Hon'ble Judges of this Hon'ble Court and the
Hon'ble Supreme Court. One of his colleagues has been the Law
Minister a number of times. Mr. P.P. Malhotra, also from his

"~". '.
chamber, is the Additional Solicitor General of India today. Mr.
accused of assassination of Mrs. Indira Gandhi.

R.D. Jolly, who is the Senior Standing Counsel for the Income
Tax Department, Mr. Gulati, Standing Counsel for CBI were also
k\,.c. \0(. ~cl ~t~ 1\t.,~P~::t
his chamber colleague. So are many others, rlO are the shining
stars of this Bar today.
Great men are the guide posts and landmarks in the society" .
/I
The population of this country is accelerating, but the numbers
to fit that description are rapidly diminishing. To me, this is an
alarming aspect of the Indian polity - the steep decrease of men

";;.':"
who can be reckoned as "guide posts and land marks in the
society". Now, there is one less to be counted in the reckoning.
His retirement from the profession in 2000 was a great
disappointment, not only because one liked to hear him and
learn from·his Court craft and art of cross-examination, but
particularly because he was a most lovable human being, who
always upheld moral values. After all, consistency of the moral
dimension is the true measure of greatness in every human soul.
Arora Ji was a great soul, in every aspect.
accusea 01 assassmatlon OI lVlrs. Inmra Uanalll.
"~":'"
.. '.. '.
"~
He understood the value of knowledge better than many. He
was always modest, warm and affectionate. Success never
spoiled him though he moved in higher circles. He never lost the
common tou~h and forgot his beginning. Fame and fortune
made him more humane. I used to meet him as a junior, in the
beginning of my career. Even if he is hurrying up the stairs with
books and files in hands, he never missed to acknowledge a
greeting. Conferences in his chamber were a delight for any
junior. I was overwhelmed by the way he treated juniors. While
being respectful to the Bench, he was firm in his style and
approach. He was extremely decent and warm to the opposite
counsel and the witnesses.
Aroraji remained a bachelor. He led a saintly life, was deeply
religious and a true Hindu. He was a living example of good
words, good thoughts and good deeds.
With an unblemished career, and the righteousness few can
match, he has lived a full life leaving about three months roughly
to complete ninety four.
5
(\\,j(~)
"'--/
On the 21 st of September, he must have certainly and befittingly
remembered what the great poet Tennyson sang:
And may there be no sadness of farewell,

II ••••
When I embark;
........................... .....
I hope to see my Pilot face to face
When I have crossed the bar."
Aroraji crossed the bar on the 21 st of this month and no doubt,
met with his Pilot.
The memory of his good work and many - splendoured life
should guide us to the inner imagination of law with
replenishing gentle capacity of legal process to tame the
arrogance of power, wherever it may be.
Our heart-felt condolences and prayers are with his relatives.
Amarjit Singh Chandhiok.

President
..; •.....
VIr i r ,!)
cJ
Hon'ble Mr. Justice Vijender Jain, Acting Chief Justice of Delhi High
It Court ..f::.~ •------~~
'!~ (r /1./ f " I ,I, t j) p, ~ v M' fI... ~ t"" ;;;. '/
(j " " , ( ' ~ \ \ ' , • C
Hon'ble Judges and Former Judges of Delhi High Court t--: j ,~t~ .t
, Judges }!f ~~hi Judiciary,

~ V-.o~ l. e-t' ,>{ '-' ,-
" S'" 1;.0 t"'C\..~t:tlt ~~. Mr. A. S. Char1iok, President High Court Bar AssOCiati0Y
. \ \ ......, . (C I .j
~~ ~ ~ . ('V' ~~ . , c- ct-Members of Bar Council of Delhi,
:](t~~
{j President and Office Bearers of Bar Associations of Delhi Courts,
~
C ~, vP.
~\\..\\d: .' ~ t~ Family Members of Late Shri Kundan Lal Arora, Senior Advocate
c.: 1
.> c.
J:> '""f '''_..»~)\ Distinguish Guests, Dear Colleagues,
(
OI-l
Ladies & Gentlemen,
Mr. Kundan Lal Arora was bonr on 15.12.1912. He did his

graduatIon, post graduation and law from Lahore and started his
profession as an Advocate with Punjab High Court at Lahore
"~'.'.'"
The glorious life and professional career of Mr. Kundan

Lal Arora is a journey from a small town in District Lahore to his
rise as a great prolific practicing lawyer in Delhi, which is an
inspiring and motivating one for all of us. After the partition Mr.
Arora started his practice initially at Tis Hazari and Parliament
Street before finally establishing himself at the Delhi High Court as
the leading Criminal Lawyer specialising in defending matters
pertaining to commercial fraud and economic offences.
The competence and the greatness of Mr. Arora lies in

the fact that he was equally successful in prosecuting and in
defending matters.
Mr. Arora was, an institution in himself as an

immaculate defence lawyer at the trial as well as at appellate stage
and shot to prominence in defending Sanjay Gandhi in 'Kissa Kursi
Ka' case and George Farnandiz in 'Baroda Dynamite Case'.
With equal competence, he prosecuted matters of Tax

Evasion the most significant was that of Mr. Surender Singh
Kairon which eventually resulted in his conviction and that of
Usha Advani under Customs Act where Mr. Arora appeared for the
customs department. Mr. Arora has also appeared as special
prosecutor on behalf of the CBI in notorious passports scandal
case.
Mr. Arora earned a great name in prosecuting p~GfrS~

accused of assassination of Mrs. Indira Gandhi.
i,
Before retiring from active practice in year 2000, after

putting 64 glorious years, Mr. Arora served even as Standing
counsel (criminal) and after retiring from the active practice his
entire library enriched the library of Karkardooma Bar Association
Mr. Arora always enjoyed great reputation and trust at

Bench as well as Bar as he was always prepared with the facts and
the law and at great reputation of honesty integrity and fairness.
His excellence lied in his skill of Court Craft which he mastered
over the years and he never lost his tamper in the Court and
remained not only punctual but also respectful to everybody alone.
Mr. Arora's office has' produced many judges like

justice D.P. Wadhwa, Justice Taranjit Talwar, Justice D.K. Jain,
Justice N .K. Chawla, Justice Satpal and even our current law
Minister Mr. H.L. Bhardwaj lawyers like Mr. P.P. Malhotra, Mr. Krit
Mehta, Mr. Harish Gulati, Mr. Sunil Mehta, Mr. Arvind Nigam and
Mr. Anil Kher, Mr. B.R. Handa, Mr. R.D. Jolly have roots in that
office only. Its not only the Junior Lawyers who worked in his
chamber benefited from him but others have also learnt a lot from
him.
Gandhiji in his autobiography My Experiments With Truth

said, I quote, "But the path of self purification is hard and steep.
To attain to perfect purity one has to become absolutely passion
free in thought, speech and action; to rise above the opposing
currents of love and hatred, attachment and repulsion."
Late Mr. Kundan Lal Arora was among the few one, who was
able to follow this path of self-purification.
Being a bachelor he lead a saintly life. He encouraged plain

living and high thinking, demonstrated the superiority of mind over
body, of soul over mind. He overcame evil by good, sorrow by joy,
cruelty by kindness, ignorance by wisdom.
Members of Bar Council feel that if the road leading to Delhi

High Court is renamed as Kundan Lal Arora Marg, that would be a
tribute to the departed soul. May I request the Chief Justice to
convey this feelings to the concerned authorities&, I also request
the Chief Justice to kindly convey our respect and condolences to
the family of departed soul.
(K~
OBITUARY REFERENCE~S. MUKTA GUPTA,
rJlh'f~
f( (v\' ht.L . I?Jw4cf~
Hon1ble the Acting Chief Justice, Hon1ble Judges, lChairman, ri<.J~
// 4- PqJ
.s~ 1,
Bar Council of Delhi, Ld. Add\. Solicitor General, President, Delhi High .f()~'V" jJ;
cd,',""" I.{.' y~
Court Bar Association and esteemed friends. {'
i..t'y...,;t
21.9.2006 saw the sunset of an icon of the legal

profession. Death is ultimate and inevitable but the death of Sh.
Kundal Lal Arora senior advocate at the age of 94 years has caused
a wide spread gloom on the legal fraternity. A saintly bachelor he
was a Guru to all the members of the Bar right from District Court to
Supreme Court. A respected and beloved lawyer he made everybody
realize in the profession, that in this profession sky is the limit of your
achievements.
Born in a small town in the district of Lahore in the year

1912 he joined the Bar in 1936 after attaining education from DAV
College, Lahore and then from Government Law College. Though he
started practising both on civil and criminal side but he ultimately
concentrated on the criminal side and earned a name for himself
both as a prosecution counsel and a defence lawyer. Needless to say
tie was one of the most renowned lawyers in the count'V ,,-he- (.l.(.li,t'
specialized in law relating to commercial fraud and economic
offenses and lodged many criminal complaints on tax evasion both
under the Income Tax Law and under the Sea Custom Act. Many
land marks cases both for the prosecution and the defense are to his
credit. He was defense counsel for the accused in the Meerut
conspiracy case and Baroda dynamite conspiracy case in which
Mr .Arora appeared for Viren Shah till recently Governor of West
l
Bengal, tie also defended Mr. Sanjay Gandhi in the I Kissa Kursi Ka
case and later was the prosecution counsel in the case of
assassination of Mrs. Indira Gandhi.
"';".'
After 64 years of effective practice Mr. Arora left active
practice in the year 2000 and before leaving he donated his entire
Law Library to the Kardardooma Bar Association, a great gesture
and a great .lesson for all of us to learn. As Standing Counsel
Criminal in this court, he set the highest standards.
Mr. Arora enjoyed an impeccable reputation for his

honesty, integrity, respectfulness and fairness for which the Judges
rightly trusted him. Maintaining the high standards of the profession
he was respectful towards the courts, the opposite counsel and the
witnesses. Under this Banyan tree grew a good number of
professionals who also showed their metal in the profession and
attained the greatest heights including adoring the Bench in this High
Court and the Supreme Court.
Mr. Arora was deeply religious and attended many courses

on spiritual and Yogic activities. He is survived by his two younger
sisters and other siblings.
.. '.. '.
"~
May I request my Lord Hon'ble the Chief Justice to convey

the heart felt condolence to the bereaved family on behalf of the
Govt. of Ncr -of Delhi, on behalf of my colleagues representing
Government of Delhi and on my own behalf.
(MUKTA GUPTA)
29th September, 2006 GOVr. OF N.C.T. OF DELHI.
/ .. ~
Ii J5:1!
FULL COURT REFERENCEoN'THE SAD DEMISE
OF SHRI K. L. ARORA, ADVOCATE OF THIS COURT
My Lord Justice D P Wadhwa, My Lord Judges of this
Court, Hon'ble Mr.Justice Satpal, Shri P P Malhotra, learned
., A.S.G., Shri Chandhiok, President, office bearers of 'Delhi
High Court Bar Association, Shri Ramesh Gupta, Chairman,
Delhi Bar Council, Shri J R Midha, Standing Council of Govt.of
NCT of Delhi, Ms.Mukta Gupta, Standing council (Criminal),
Govt.of NCT of Delhi, members of the Bar, members of the
bereaved family and ladies and gentlemen,
We have assembled here to mourn the sad demise of
Shri K. L. Arora, who breathed his last on 21 st September
2006, at the age of over 94 years. I do not want to go into the
history of his birth as all the other Speakers have mentioned
that he was born on 15.12.1912 in "Pattoki", a small town in
District Lahore (Now in Pakistan), how he rose as one of the
giants in the legal profession after migrating to Delhi. After
partition of the country, he started his career in Tis Hazari
Courts and thereafter he became an established lawyer in the
Supreme Court of India. Shri Arora practiced initially in
almost all sides of law, however, he chose criminal law as his

.,
forte and when he chose that, he excelled in that branch of
law. Apart from the cases, which have been mentioned, he
handled cases of the Customs Department, Income Tax
Department or other Departments and what role he played in
the famous "Kissa Kursi Ka" case by his personal knowledge
as Shrt Arora was appearing for Shri Sanjay Gandhi in that
matter and I appeared for Shri V C Shukla, other co-accused

,
2~)
in that case. When I was approached by Shri V C Shukla, I
went to Shri K L Arora and told him, Sir, that I have not dealt
with criminal case and this gentleman wanted me to argue the
case on his behalf. It was late Shri Arora who said that as a
lawyer you have to face challenges and if a client has got faith
in you, then you must discharge your responsibility and if any
difficulty you face, you come and seek my help. In my
formative years of practice and without knowing him, it was a
great gesture on the part of Shri Arora, who was a stalwart on
the criminal side, for a member of the Bar, who had not
practiced on the criminal side. Later on in the same litigation,

"~'.'. "
.! Shri H R Bhardwaj was also introduced as a counsel for Shri

/'
V C Shukla.,/' Shri Arora had an excellent reputation and was
known for his honesty, integrity and fairness. He was always
well-prepared with the brief, facts and law. He was a man

l
I,
1 with cool temperament and was courteous not only to the
,
.1
. . . . vJc.u... \}w~:J'~
Courts put also to the opposite cOunsel.~ ~ u....'1 ~
J
J
I think no other lawyer has produced legal luminaries as
Shri K L Arora had done. We have Justice D.P. Wadhwa,
late Justice Charanjit Talwar, Justice O.K. Jain, who is
adorning the Bench of Hon'ble Supreme Court of India, late
Justice M.K. Chawla, Justice Sat Pal, Shri P. P. Malhotra,
Shri Kirt Mehta, Shri Harish Gulati, Shri Sunil Mehta, Shri
Arvind Nigam, Shri Anil Kher, Shri B.R. Handa and Shri R.D.
Jolly.
In the death of Sh. K.L. Arora, we have lost a stalwart
and a fatherly figure of the legal fraternity. His death,
undoubtedly, is a grievous loss to us all, and, in particular:r to

......
"
the members of his family. If one word is apt only to describe
Shri Arora, he was humility personified. He was sincere and
the patron of the legal fraternity.
bereaved family and wish them strength to bear this
irretrievable loss. May God bestow peace to the departed
soul.
-I request you all to pay homage by standing in silence

••y.
.'~-
"1
for two minutes in the memory of Shri K.L. Arora.
(VIJENDER JAIN)
29th September, 2006

the Acting Chief Justice as under):

'1
- Note on Late Shri K.L. Arora (15.12.1912-21.09.2006.)
Mr. Kundal Lal Arora (Mr.K.L. Arora) was born on 15.12.1912 in

'Pattoki', in a small town in District Lahore (Now in Pakistan), where he did
his schooling. He did his Graduation and Post Graduation from DAV
College, Lahore and LL. B. from Government Law College, Lahore. He was
enrolled as Advocate of the Punjab High Court at Lahore.
Late Mr. K.L. Arora, Senior Advocate started his law practice in the
year 1936 In Lahore. After partition of the country, he shifted to Delhi
where he established his practice, both as civil and criminal lawyer. He
practiced in the District Courts at Tis Hazari, New Delhi Courts at /
Parliament Street and Circuit Bench of the Punjab High Court at Delhi and
later In the Delhi High Court when it was established and Supreme Court
of India. Later he exclusively did work on criminal side and earned a name
for himself both as a prosecution counsel and defence lawyer.
Hi~ name was counted as one of the renowned lawyers of his time.
To name a few they are, Ajit Singh Johar, Nurrudhin Ahmed, Tara Chand
Mathur, Ram Lal Anand, Daulat Ram Kaliya, A.S.R. Chari, Frank Anthony
and Shanti Sarup Sharma. At sometime, Mr. Arora and Mr. Bipin Bihari Lal
were considered as blue-eyed lawyers of the Criminal Bar.
Mr. Arora was a leading trial court lawyer. His field was law relating
to commercial fraud and economic offenCE 5. He was the prosecution
counsel for the Income-Tax Department and he launched many criminal
complaints on tax evasion. He prosecuted Surinder Singh Kairon, son of
...
~ ...... --
••
late Chief Minister of Punjab. For this purpose he used to travel to ./
/
Chandigarh and the complaint resulted in conviction of SurindC!r Singh
Kairon.
Mr. Arora was also prosecution counsel for the Customs Department
and he shot in the limelight when a prosecution case was filed under the
Sea Customs Act against one Usha Advani. In many criminal prosecution
filed by CSI, Mr. Arora either app~ared for CBI or for the accused. He was
special prosecutor appointed by CBI for conducting passport scandle case
involving over SO accused.
In the 60's, Mr. Arora was a defence counsel for the accused in a
famous Meerut Conspiracy Case involving defence personnel. During
Emergency, Mr. Arora was one of the defence counsel in Baroda Dynamite
Conspiracy case in which George Fernandez was one of the accused.
Mr.Arora appeared for Viren Shah, who till recently was Governor of West
Bengat After the E.mergency Mr. Arora defended Late Mr. Sanjay Gandhi ,
A
in the famous 'Kissa Kursi Ka' case. Later, he was prosecution counsel in
the case of assassination of Smt. Indira Gandhi and defended the
conviction of the accused upto Delhi High Court.
Mr. Arora was Standing Counsel (Criminal) in the Dplhi High Court
and was designated as a Senior Advocate by the Delhi High Court in. After
64 years of active practice, Mr. Arora left active practice in the year 2000.
Before leaving, he ~~ his entire Law Library to the Karkardooma Bar
Association in a function presided over by Hon'ble Mr. Justice Arjit Pasayat,
the then Chief Justice of Delhi High Court and attended by Judges of the
'I
3
/
;I
./. High Court and Lawyers and by Mr. H.R. Bhardwaj, now the Hon'ble
1
.' ./ Minister of Law and Justice, Government of India .

/
I Mr. Arora had impeccable court manners. He developed an
excellent reputation, a key to his successful trial court practice. He had a
reputation for honesty, integrity, respectfulness and fairn€.S3. It was his
reputation that Judges trusted him. He was always well prepared with
brief with facts and law. He 'Nas courteous not only to the Court but to his
opposite counsel. He never lost temper. He was always appropriately
dressed in the Court. According to him. dress indicates your respect for
the Court. While appearing In Court, he maintained a formal and
respectful behaviour. He was respectful not only towar js Judge and the
opposite counsel but also towards witnesses. He always maintained
composer even when he had to face hostile witnesses. He never argued
with the Judges. He never interrupted a Judge when Judge was dealing
with another case. He patiently waited for his turn. He was always A
punctual and strived that a Judge does not wait for him.
He had a number of juniors who will always remember him for his
guidance and teachings. To name a few, these are Justice D.P. Wadhwa,
late Justice Charanjeet Talwar, Justice D.K. Jain, late Justice M.K. Chalwa,
Justice Sat Pal, Mr. H.R. Bhardwaj, Mr. P.P. lv1alhotra, Mr. Kirt Mehta,
Mr.Harish Gulati, Mr. Sunil Mehta, Mr. Arvind Nigam and Mr. Anil Kher, Mr.
B.R. Handa, Mr. R.D. Jolly, to name a few.
Mr. Arora was a bache!or. He led a saintly life. He was deeply /

re'igious and devoted many hours each day on spiritual and yogic
4
activities. He had a sweet temperament and was always there to help

junictr lawyers.
Mr. Arora had three brothers and four sisters. He is survived by his
two younger sisters and number of grtlhd children of his siblings.
Mr. Arora expired on 21.09.2006 at the age of 94 years.
./
RESUME
Name
R.K.Jain
Senior Advocate
Supreme Court
28th November, 1944 - 21 st December,2006
Student Activities
• Elected Secretary of the Youth Welfare Association(Coliege

Union) in the ye~~ j 963-64 in Mah~j Singh College,
Saharanpur
• Elected Vice President of Law Association,Meerut
College,Meerut in the year 1967 (President was Head of the
Department).
Professional and Other Activities
• Joined the Bar in the year 1969 and started practice at District
Court,Saharanpur (U.P.)
• Shifted practice to Supreme Court in the year 1971.
• Elected Secretary of the Supreme Court Bar Association twice·

in succession during the years 1984-85 and 1985-86.
• Designated Senior Advocate suo moto by the Supreme Court

in the year 19~"""'"
• Elected President of Supreme Court Bar Association twice in

succession during the years 1992-93 and 1993-94 with a
record margin on both the occasions and held the record of
being the youngest President of the Bar. Subsequently, after a
gap of two years again got elected as President of the Bar in
1996. In 1998-99 became the President of the Bar for the
fourth time and again in the year 2000-2001 became the
President of the Apex Bar for a fifth time. In 2002-03 was
elected President of the Bar yet again for record 6th time.
• Launched Indian Bar Association - an All India body of

Advocates for the general welfare and betterment of the
lawyers, legal profession and the judicial system and elected
its first President.
• Worked zealously for the abolition of Capital punishment in the

Court and outside.
• Challenged the Constitutional validity of the Capital

Punishment and for the first time in the history, Supreme Court
stayed execution of all death sentences in the Country.
• Sought to hU!l1~nize and de-mechanise the process of grant of

bails.
• Fought against abuse and misuse of Preventive Detention Law

and sought protection and enforcement of the rights of detenu.
• Appeared in various cases where the citizens were detained

under Preventive Detention Law and worked the development
of law relating to Preventive Detention.
• Appointed Chairman of the Committee constituted by the

Supreme Court to go into the question of abolition of Child
Labour in Fireworks and Match Factories in Sivakasi and
recommended abolition of Child Labour in the report.
• Worked on the Committee, appointed by the Supreme Court

for the wp.!{are of the Children of the Prostitutes.
• Worked for the abolition of the Child Labour in the country and
fought for it in the Court and outside.
• On direction of the Supreme Court submitted report on

Improvement in the Juvenile Justice System.
• Appointed by the Court, as amicus, to argue case involving

protection of the citizens against the possible misuse of power
by the police.
• Appeared in almost all the important cases for defending the

reservations of Scheduled Caste and Scheduled Tribe.
• Fought for the rights of Scheduled Caste and Scheduled
Tribes in the Court and outside.
• Appeared in the case for review of the Supreme Court's

judgment in Uniform Civil Code case.
• Closely associated with a number of organizations working for

the welfare and upliftment of the Minorities.
• Associated for long with the Free Legal Aid Movement and
was founder member of the Supreme Court Legal Aid
Committee. '"'
• Awarded Rashtriya Samman by the Income-tax Department in

June,2000 being one of the highest Tax Payers in the country
being in the Individual category.
• Advocated for the total financial autonomy of Judiciary.
• Advocated for National Judicial commission for appointment to

the Higher Judiciary and looking into complaints against High
Court and Supreme Court Judges.
• Advocated amongst the students & youngsters for professing

politics as a profession.
• Advocated for intellectualsl professionals to join politics to

eradicate corrl).tlt politicians.
«
• Has been motivating young, first generation lawyers joining the

Profession.
• Had been deeply interested in Music, Poetry and Literature.

He formed (MEHFIL-E-WUQKLA ) a forum of lawyers where
lawyers have been performing their Music and Poetry. He
used to hold annual Mushiara inviting leading poets of the
country and used to give Award to the best budding poets.
Reading Indian History and literature was his hobby and
passion.
• Used to devote his free time for upliftment of the down trodden
and have nots. Worked tirelessly for removal of hunger. His
slogan was "Each one Feed one". He was leading "Manavatha
Abhiyan" a NGO working in this field.
• Known for remembering names of every lawyer and person he

had met. Every one will miss his anicdots and jokes in the
corridors of Supreme Court or High Court.
Surviving Family Members:
Mrs. Neelam Jain -Wife

Mr. Sidhartl).a)ain - Son, Real estate Developer
Mrs. Ria J, - Dau ~er-in-Iaw
Ms.Shefali Jain - Daugi Iter, Advocate
Mr.P.K. Jain, - Brother, Practising Advocate in
Supreme Court.
. Milon K. Banerji
Attorney General for India
[Obituary reference ot Justice TPS

Chawla. former CJ of Delhi High Court
on 19.10.2006 at Delhi HC premises]
Hon'ble Chief Justice, Justice Vijender Jain, and the Hon'ble Judges
of this Court, my colleague Shri P.P. Malhotra, Shri Amarjit Singh
Chandhiok, President of the High Court Bar Association, my friends at the
Delhi Bar, ladies and gentlemen,
I came uninvited to attend this function for which I seek tlW leave of
u
the Hon'ble Chief Justice and his brother Judges to say just a few words
about one of my dearest friends in the 1980s, former Chief Justice T.P.S.
Chawla. This was at a time when I was new to Delhi in the early eighties
- and was living at 8, Krishna Menon Marg, just a few steps away from the
residence of the then Judge and later Chief Justice Chawla. We soon
became good friends perhaps because of our common academic
background at Cambridge University .and Inns of Court in London. We
used to meet quite often over a small glass of sherry having picked up
during our under-graduation time. As my friend Shri Malhotra will
confirm, I have not been persuaded to take harder drinks. Sometimes a
third person, f~rmer Chief Justice. of Calcutta High Court and Rajya Sabha
Member, Justice S.P. Mitra who joined us and each three of us had a
marvelous time.
, .
. Unfortunately, I could not appear more than 2 or 3 times during

Justic;e Chawla's long tenure in the Delhi High Court since much of my
period I was the only Additipnal Solicitor General and there were not
"~'.':'"
,}
I more than two Additional Solicitors General in ~en
the Solicitor General, there were only three Law Officers .
after I became
. I do. remember one case where I was opposed by the formidable

Ashok Sen mostly because it reminds me one of the most uncomfortable
moments of my life. It was an admission matter and the court heard the
arguments of the petitioner's counsel to well after Lunch. Then, it was
nearly 3 0' c1Qck, I was squirming in my seat, I had the appointment at 4
o'clock with the Prime Minister, Smt. Indira Gandhi. Justice Chawla must
have noticed this and after the arguments of Sen finished, he said: Mr.
tJ
Solicitor you have nothing to add. I need not mention that the petition
was dismissed.
I come here not merely to record my praise for an outstanding Judge

and human being, impeccable in all respects, independence in every sense
of the term and outstandirig in his legal knowledge.
One reference will establish how highly he was regarded for his
knowledge. One has to tum to the 19th edn. of Russell on Arbitration, bible
of arbitration law in the Commonwealth countries. Justice Chawla had the
most rare privilege of being mentioned in the 3-page preface of the book
by the author praising for his learned and exhaustive judgment in the case
of Union of India v. Bharat Engineering Corporation, ILR Delhi series, 1977,
Vol. II, Part I, p. 57, where the author must henceforth form the basis for all
discussions of the question whether arbitrations must be mutual. His
independence were no better illustrated than his famous judgment in the
case of Smt. Indira Gandhi & Anr. ·v. rc. Shah, Commission of Inquiry, Patiala
House, ILR (1980) I Delhi at 552, where in an exhaustive judgment, he
.•... "
"~
tJ
,,
quashed the proceedings before the court of the Chief Metropolitan

Magistrate, Delhi. The political considerations never weighed with him.
His popularity is evident by the fact that the entire Delhi Bar stood
by him when the question of who would be appointed the Chief Justice of
. this High Court was raised.
My condolences to the family of Justice Chawla and particularly his

wife who is the sister of one of my dear friends in Cambridge.
"~.':'"
·J
May soul of Justice Chawla rest in eternal peace.
*****
.'~.':"
tJ
-----------
"
My Lords, Hon'ble Acting Chief Justice of High Court of Delhi Mr.
Justice Vijender Jain and his Hon'ble companion Judges, Mr. Milon Kr.
Banerji, Attorney General of India, Shri A.S. Chandiok, President of Delhi
High Court Bar Association, Mr. Ramesh Gupta, Chairman Bar Council of
Delhi, .Central Government Standing Counsels, Ms. Mukta Gupta, Standing

.'~'.''''''
.J
Counsel for Delhi Administration and Mr. J. R. Midha Addl. Standing
Counsel for Delhi Administration and counsels for various other statutory
- authorities, member of the Bar and my esteemed colleagues, Ladies and -
Gentleman, Mrs. Chawla and his Lordships and other relations.
Late Hon'ble Mr. Justice Tajinder Pal Singh Chawla was born on 16th
August 1924. He was educated in Lahore and did his law from St.
Cathedral College and was called to the bar in 1948. His Lordship was
enrolled as an Advocate in Punjab High Court on 18.04.1949 and was a
(.
- part time lecturer at Delhi University from 1949-1963.
Hon'ble Mr. Justice T.P.S. Chawla was a man of unparalleled
uprightness and integrity with a quest for justice. His independence and
uprightness was tested both as an advocate and as well as a judge; but his
Lordship never wavered and bothered about consequences and always
remained upright and fair.
tJ
, i
He was an embodiment of truth, devotion to the profession, humble,
gentle, full of reason and logic. Thoroughly read yet unassuming and very
courteous. His Lordships was a true symbol of a true Advocate and a real
Judge and had always discharged his duties without any fear or favour. I
am reminded of an incident, which occurred at Tis Hazari Courts when
during the course of hearing of a matter some unpleasant wor.~ts were

'}
exchanged between him and the learned Judge. On inspection of the court
order sheet it was discovered that the Ld. Judge had recorded that Mr.
C'
0..........
Chawla had tendered an apology to the court for what he had stated. As
this was totally incorrect and no such apology was tendered by him, he
took up matter with the District Judge, filed a written complaint and huge
controversy arose and all kinds of pulls and pressures and even warnings
were sent to him including about falling on the bad side of the judiciary and
that judge in particular. Mr. Justice Chawla remained undeterred. Such
was his resolve for truth and quest for justice that the Ld. Judge had to
tender an unconditional apology to him in the presence of the President
and Secretary of the bar, as well as ten senior and junior members of the
Bar who had specially assembled for this purpose. Thereafter the
offending record was expunged. It shows and demonstrates how fearless
and independent counsel he was in the finest traditions of the Bar.
..;;......
'}
~
j
l.t
'.
.
~ '. . .
i. Everyone knows about Russell on arbitration and after reading the

j
,1 judgement in the matter of Union of India Vs Bharat Heavy Engineering
Corporation. It had been observed by the Author that "If I may say so it
was a splendid judgement full of the very stuff that stimulates and provokes
and eventually enables later jurists to hammer out an iron hard and
'}
polished exposition of the law."
Thereafter, in the 19th Edition of Russell on the law of Arbitration, .

(
-
Justice Chawla's exposition of the law in the said case was acknowledged
by the Author as under:
"First and foremost thanks are due to the Hon. Mr. Justice T.P.S.
Chawla; Judge of the High Court of Delhi, who very kindly sent the
report of his I~arned and exhaustive judgement (being the judgement
of the Court in the case of Union of India V Bharat Engineering
Corporation (Indian Law Reports, Delhi Series 1977, Vol.lI Part I,
p.57 which must henceforth form the basis for all discussions of the
question whether arbitrations must be mutual. He also very kindly
corresponded with, and was infinitely patient with, the questionings of
the editor. If in the appropriate place Russell has venturead to
disagree with some of the reasoning in that case, interest parties are
warned that the Hon'ble Mr. Justice Chawla is much more liKely to be
')
right than Russell."
, "'
His Lordships was very humble and noble. His Lordship greeted
everyone with smile. His humility is reflected from the speech he gave to
-
the Bar at the time of his elevation" to the Bench. Portion of which reads as
under:
"It behoves; me, on an occasion such as this, to acknowledge my

"~...:'"
tJ
debt and pay my homage to this Bar at which I was nurtured and
nourished. This Bar has for long been, and I hope will always be, the
training ground for judges ..... Even though I walk with judges, I hope·
that I shall not lose the common touch .... Even while I judge the
causes that you bring before me, you will be judging me. Yours will
be the las~ word .... I trust that you will bear with me, remembering that
I was one of you, that I am sprung from you, and in the deeper
recesses of the mind, I think I always will be one of you ..... 1 am
resolved to do my best. It may be that my best is not good enough,
but that you alone shall judge. When my time as a judge is up, if I can
-
secure from you, from my judicial career, the epitaph, "he did his
best", I shall rest well content"
I am sad that we have lost our Judge. I am happy that he lived till his
last upto his words. This then was man, this was a Barrister, this then,
was a judge. In time to come will we ever see the like again. If fact as time
passes, people may well wonder if there ever was such a man. To them, I
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will pOint out this record and say, "it is all too true".
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I His death has left us with a void that would be hard to fill and I can
safely say that in his death the Bench, the Bar and for that matter humanity
has suffered an irreparable loss. He will always be remembered.
I, on my behalf and on behalf of the Govt. of India, my colleagues
.J Central Govt. Standing Counsel request the Hon'ble Chief JustIce of the
High Court of Delhi to convey our heart felt condolences to the bereaved
family and pray to the Lord Almighty to bestow courage on his wife to bear .
- this loss and may his departed soul rest in peace always.
f~ 1--{ Jt~-
(P.P. MALHOTRA)
ADDL. SOLICITOR GENERAL OFINDIA
19th October, 2006.
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TRIBUTE TO LATE JUSTICE T.P.S. CHAWLA

FORMER CHIEF JUSTICE, HIGH COURT OF DELHI
FULL COURT REFERENCE - OcrOBER 19, 2006
HON'BLE THE CHIEF JUSTICE, HON'BLE JUDGES, MR.

MILON K BANERJEE - ATIORNEY GENERAL FOR INDIA,
MR. P.P. MALHOTRA - ADDITIONAL SOLICITOR GENERAL
OF INDIA, MR. RAMESH GUPTA - CHAIRMAN, BAR COUCIL
OF DELHI; STANDING COUNSEL FOR GOVT. OF INDIA AND
,THE GOVT, OF NATIONAL CAPITAL TERRITORY, OFFICE
OTHER BAR ASSOCIATIONS, RESPECTED SENIOR ";,,,
'i
MEMBERS OF THE BAR, MY COLLEAGUES AT THE BAR,
RESPECTED MRS. CHAWLA AND OTHER MEMBERS OF
THEIR FAMILY, LADIES AND GENTLEMEN:
We were here on September 29 to pay our homage to a departed

senior member of the Bar. Now, another tearful occasion within
a very short period, to assemble to pay homage to a senior
member of the legal fraternity, but from the Bench, who had
retired as the Chief Justice of this Hon'ble High Court. Day
before yesterday, Justice T.P.S. Chawla left for his heavenly
abode. Arid we lost a luminary, the void left by whom would be
difficult to fill.
A doyen of learning and a highly respected Judge, who enjoyed
public confidence at its maximum, was Justice T.P.S. Chawla.
Justice Chawla had completed just few months as a Judge of this
Hon'ble Court, when I started appearing before this Hon'ble
Court. In deciding matters, he always had an ardent view that
justice is the cardinal rule in the legal system and truth should
prevail.
Justice Chawla had a meritorious education, both in India and
abroad. He entered the profession in 1956, at the Punjab High
Court, few months after its establishment. Apart from being a
member of the Bar, he was also a part-time lecturer at the Faculty
of Law, University of Delhi. His students even now vividly
remember his classes. Not o~ly that, as a versatile youngman, he
was a newsreader with the BBC and All India Radio! He had also
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mentioned that he preferred to be a lawyer but somehow had to

become a Judge and since it became so, has to do that to his best.
He did both marvelously well.
About his public confidence and the respect he commanded
amongst the fraternity, no example is better than the protest lead
by none other than the present Chief Justice of India - Hon'ble
Mr. Justice Y.K. Sabharwal as he then was, when Justice
Chawla's appointment as the Chief Justice of Delhi High Court
was seemingly threatened .
. His judgments were well received abroad also. For example, one
may look at the preface to the 19th edition of Russell o n . ;...
t J
Arbitration, where his judgment in Union of India v. Bharat
Engineering was gratefully acknowledged. Anthony Walton, who
revised the said edition, commented that the said judgment
"must henceforth form the basis for all discussions of the
question whether arbitrations must be mutual." While sitting in
a Full Bench in 1979 in a matter Justice Chawla held that the
'- High Court Rules will prevail over the provisions of the Code of
Civil Procedure by virtue of Section 129 of the Code of Civil
Procedure itself. This view was upheld as late as 2005 by the
Hon'ble Supreme Court in Iridium India Telecom v. Motorola
Inc. [(2005) 2 SCC145]. Justice Chawla used to proudly saytha~
the Judgments of the Delhi High Court are comparable with the
best judgments in the world. His efforts truly went in that
direction. Justice Chawla delivered judgments in many
landmark cases.
Justice Chawla understood that the judiCial oath imposes on the
Judge the lofty duty of impartiality. But impartiality is not easy
to attain. For a Judge, as Lord Mac Milan said, "does not shed
the attributes. of common humanity when he assumes the
ermine. The ordinary human mind is a mass of pre-possession,
inherited and acquired, often none the less dangerous because
unrecognized by the possessor. Few minds are as neutral as a
sheet of plain water, and indeed a mind of that quality, may .
actually fail in judicial efficiency, for the warmer traits of
imagination and sympathy are needed to temper the cold light of
reason if human justice is to be done". Justice Chawla
discharged this duty remarkably. He stuck to it, but with sound
reasoning and strong appreciation of facts. He was able to form
.'~'.':'"
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his judgments with clarity of thought and perception, reasoning
and facts, and deliver them without fear or prejudice of any kind.
According to him, it is not only in the grave matter of judgment
that the Judge is tested. His conduct of proceedings in Court
affords a measure of his ethical equipment for the judicial office.
Courtesy and patience are difficult virtues to practice on the
Bench than might be imagined, seeing how many otherwise
admirable Judges have failed to exhibit them; yet they are very
essential according to him .
. He had a special fascination for younger members of the Bar.
Fascination in the sense that they should be moulded properly,';'"
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trained properly and perfected into gems of the Bar. He
appreciated and ardently believed that learning makes one
understand the value of humbleness. He used to say that
members of the Bar, who, even if they were far superior in
knowledge, must remain submissive in their demeanor in Court
because of the respect justice commands.
To the middle section of the Bar, he would say: "do not look back or
rest on your oars; strive for more and better". To the senior section
of the Bar, he desired them to provide necessary incentives and
opportunities to the younger members. Every new lawyer suffers
from stage-fright on his first few appearances. He said that seniors
should help remove this.
And to his fellow colleagues at the Bench, he suggested to
conduct themselves in Court not with an overbearing attitude,
but with kindness, courtesy and smile. If the Courts themselves
would be guilty of transgression, to which forum should the
aggrieved appeal.
Justice Chawla had an eye for finer details. I particularly
remember an 'incident. When I sent him a congratulation letter
on his elevation as the Chief Justice, he called me and enquired
about the paper I used and where from I had bought it. He was
fond of quality writing materials.
Justice Chawla was a golfer, a member of Delhi Golf Club and a
kee~ sports enthusiast.
He was in the forefront of many organizations. His remarks
about the Finance Commission while being a member of the 8 th
Finance Commission are noteworthy.
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He was unanimously elected President of Youth Hostels

Association of India, which has the motto of "we promote Youth
for Peace and Internal Unity.'!
His compassion knew no bounds. In sharing his resources, he
never let the left hand know what his right hand did. Large
amounts of money were given to public institutions for
healthcare, education etc., including Dharamshila Cancer
Hospital. .
.It would be apt to recall the words of Hamlet, when he speaks of
his deceased father that: .'~'.':'"
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"He was a man, take him for all in all,
I shall not look upon his like again."
Every generation is the forerunner of its next. It should
handover the next generation something better and brighter.
Otherwise, posterity would condemn the older generation.
Justice Chawla remains before us an ever-illuminating example
of learning, forbearance, generosity and compassion. He was a
rare combination of a starlet lawyer, a judicious judge and a fine
human being.
Time will lessen the sorrow of bereavement, but memories will ;
stay on. Our hearts go out to Mrs. Chawla and other members of
the family. Our condolences and prayers are with them. May
God grant them enough strength to bear the loss and may his
soul rest in peace.
A.S. Chandhiok
October 19, 2006.
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Hon'ble Mr. Justice Vijender Jain, Acting Chief Justice of Delhi High Court
Hon'ble Judges aM Fonlier-Judges.of Delhi High Court

10 (7" fVI -J tYV' ~
~~u- Mr. A. S. Chandiok, President High Court Bar Association '"
AI~~J- Mr. P. P. Malhotra, Addl. Solicitor General of Govt. of India

"'.c.~
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Mr. J. R. Midha, Standing Counsel (Civil), NCT Delhi
Ms. Mlikta Gupta, Standing Counsel, NCT Delhi
Members or Bar CouDcir:ot:JTelhir-
om~~Bearer; of Bar Associations of Delhi Courts,
J.lIQgesofrieihlJudiciary.
~
~embers of Bar
1Vl-11 .cp
Family Members of Late SlIti T. P. S. Chawla, He~nL'lus~lce-{Retd.)
Ladies & Gentlemen,
Hon'ble Justice (Retd.) Tejinder Pal Singh Chawla popularly known as T. P.

'J
S. Chawla was born on 16.08.1925. He got his primary education at
Lohore and later on he graduated in law from Cambridge University, U.K.
He was enrolled as an Advocate on 17.08.1956 at E,ast Punjab High Court.
During the period 1949 to 1961 he also worked as a part-time Lecturer in
faculty of law, Delhi University. Many of his students became prominent
lawyers in India, one of such students is Mr. Dinesh Mathur, Senior

, ,
Advocate, who was taught criminal law by Hon'ble Mr. Justice T. P. S.
Chawla.
Hon'ble Justice T. P. S. Chawla was a very prominent la.wyer and was
always prepared with his brief and was one among few who would. be armed
with all the case law which his opponent wouldbe citing against him.
~kJj0
J::ie was known to be
.
one of the expert lawyer on Sales Tax side. He also
worked as standing counsel for Sales Tax Department, Delhi from 1957 to
1963.
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-He was appointed as Additional Judge of Delhi High Court with effect from
06.01.1972 for a period of two years.
Justice Chawla was elevated as Acting Chief Justice of Delhi High Court
w.e.f. 20.08.1986 and later on became Chief Justice of Delhi High Court
w.e.f. 26.09.1986. He retired in the year 199.;.
Justice Chawla delivered many landmark judgements and dealt with
important cases. His judgements have been cited with approval by various
international courts as well.
- Once in a case a senior lawyer was pleading against a further adjournment,
saying that his client had become a pauper, was claiming relief being an
indigent person and could not foot his fee-bills. This provoked Hon'ble
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Justice T. P. S. Chawla to ask, "was your client a pauper before he came to
you or he became pauper after engaging you"?
After his retirement, Justice Chawla had participated in various social
activities and fIled Public Interest Litigations in the courts. Justice Chawla
was also a member of Eighth Finance Commission, which was headed by
- Mr. Y. B. Chauhan as Chairman. In the year 2005 Justice C~awla was
unanimously elected as National President of the Youth Hostels Association
of India.
I alongwith members of Bar Council of Delhi pay our heart-felt condolences
and request My-Lord Chief Justice to convey the same to the i-ieved family
of Justice T. P. S. Chawla.
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TRIBUTE TO LATE HON'BLE MR. JUSTICE
T.P.S. CHAWLA, FORMER CHIEF JUSTICE
OF DELHI HIGH COURT-FULL COURT
REFERENCE - 19 th OCTOBER, 2006.
Hon' ble Acting Chief Justice Vijender Jain, Hon' ble Judges,
Mr. Milon Benerjee, Attorney General of India, Mr. P.P.
Malhotra, Additional Solicitor General of India, Mr. Ramesh
Gupta, Chairman, Bar Counsel of Delhi, Mr. A.S.
Chandhiok, President, Delhi High Court Bar Association,

c...
Standfng Counsel.s for Govt. of India, Office Bearers of Delhi
High Court Bar Association and other Bar AS$opjations,

" respected senior members of the Bar, respected relatives of
Late Hon'ble Justice Chawla, my colleagues at the Bar,
Ladies and Gentlemen:
Hon'ble Justice T.P.S. Chawla was a great Jurist. Hon'ble
Justice Chawla was born on 16 th August, 1925. Hon'ble
Justi~e Chawla got his initial ·education at Lahore and 'did his'
Law from Cambridge (U.K.). His Lordship was enrolled as
an Advocate of the East Punjab High Court on 17th August,
1956. His Lordship was appointed Judge of Delhi High Court

th
on 6 January, 1972 and was elevated as Acting Chief Justice
of Delhi High Court on 20 th August, 1986. His Lordship
became the Chief Justice of Delhi High Court on 26 th
September, 1986.
Hon 'ble Justice Chawla was one of the finest Judges of this
Hon' ble Court and was well known for his knowledge of law
and dispensation of justice. His Lordship was a real Karam

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Yogi. His Lordship did the job assigned by the Almighty
with perfection. His death has caused great loss to the

t:'5.'A'e(+ QJ ,~,
judicial and legal fraternity. /By his lworks and deeds, his
( f wt'tt'r.t 'f p. t;.. lINt,.J... (I l---
Lordship Iset the highest standard of judicial ethics and
l-
,conduct. His Lordship's demise has caused a void which is
difficult to fill. His Lordship will continue to serve as a role
model and he will live in our memories for years to come.
I had few occasions to appear before Hon'ble Justice Mr.
Chawla. However, I have one unforgettable incident. In this
Court Room, the Pusne Judge enquired from a "~"Lawyer

'J
appearing before him what he meant by the phrase, "For this
act of- kindness, the petitioner shall ever pray" and what
would the petitioner pray. When the lawyer did not reply,
Hon 'ble Justice Chawla answered that the prayer would
depend upon the relief the petitioner gets.

(
'-
On behalf of Govt. of NCT and my colleagues, I pay my
tribute to the departed soul and pray that his soul may rest in
eternal peace. The remembrance of his good work would
always guide us.
J.R.MIDHA
STANDING COUNSEL
· "
diD
FULL COURT REFERENCE ON THE SAD
DEMISE OF JUSTICE T.P.S CHAWLA, CHIEF
JUSTICE OF THIS COURT.
My Lords the Hon'ble Judges of the Delhi High
Court, learned ~dditional Solicitor General of India, Mr.
President and ~ffice bearers of Delhi High Court Bar
Association, Mr. Chairman, Bar Council of Delhi, learned
Standing Counsel for the Central Government and
Government of Delhi, learned Members of the Bar,
c Members' of the bereaved family, Ladies and Gentlemen.
We have assembled here to mourn the sad demise

tJ
of Justice T.P.S. Chawla, who breathed his last on 17th
October 2006, at the age of 81 years.
Justice T.P.S. Chawla, was born on 16.08.1925 in
Lahore and did his schooling from Cathedral School and
St. Anthony's School, Lahore. He did his further
education from Government College Lahore and
Cambridge (U.K.). He was Bar-at-Law. He was enrolled as
an Advocate of the East Punjab High Court at Lahore on
1th August, 1956.

@
Justice Chawla worked as part time Lecturer in the
Faculty of Law, Delhi University during 1949-61 and as
Standing Counsel for the Sales Tax Department form 1957
to 1963.
Justice Chawla was appointed as Additional Judge
of the Delhi High Court w.eJ. 06.01.1972. Justice Chawla
was elevated as Acting Chief Justice of Delhi High Court
w.eJ. 20.08.1986 and later on became the Chief Justice

I
w.e.f.26.09.1986.
c (i) He was a life member of the Delhi Golf Club
. and Delhi Gymkhana Club.
.J (ii) He was the national President of the You'th
Hostel Association of India for the last many
years.
(iii) His hobbies were trekking, gardening and bee
keeping.
(iv) He was a man with v·aried interests, a man of .
principles and a perfectionist.
At the time when Justice Chawla was elevated
as Judge of this Court, the speech delivered by him

C!fV
indicates his conviction. Justice Chawla, at that time,
said that :-
"The Bar has for long been, and I hope will
always, be the training ground for judges. Despite the

..
miseries and the hardships of the early lean years, the
Bar provides a life rewarding in many ways. The endless
toil is more than compensated by the elation produced by
an argument well-propounded and well-received. The
warm friendship formed, the mutual respect born from
strong opposition in court, the feeling of being involved

-
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in a profession concerned with public ideals, the

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realization of the limits of human wisdom and the
elusiven~ss of that which we call Justice, these are some
of the sensations which make life at the Bar an
experience of a higher kind ........ .
............ Without wishing to be falsely modest, I

.
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confess', I feel a smallman entrusted with a Herculean
task. However, I derive comfort from the thought that My
Lord the Chief Justice and the other judges of this Court
will be there to guide me, and that I will not be alone. But,
most of all I feel secure in the thought that you will be

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there to assist me, and I hope hat with your assistance I
shall not go wrong too often. I hope that I shall remember
to show the courtesy to the Senior Members of the Bar
which is their due. I hope, I shall not forget to show the
courtesy and the encouragement to the Junior Bar, 'which
in my own younger days, I did not always find. I do not
yet know how difficult will be the transition from over-
speaking counsel to the reticence of a judge. I apprehend
that whilst the turbulent blood of counsel still courses my
veins, I may unwittingly tend to drop the mantle of a judge
and descend into the arena. Even though I walk with .'~'.':'~
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judges, I hope that I shall not lose the common touch ...... .
........ I am resolved to do my best. It may be
that my best is not good enough, but of that you alone
shall judge. When my time as a judge is up, if I can
secure from you, for my judicial career, the epitaph "He
did his best", I shall rest well content."
? He had great convictions and had faith ~n his
own ideas. He was a man who never bended, he
preferred to break. After retirement, he never sought any
protocol duties from the Institution which he presided as
, i" , .....
Chief Justice and served as a Judge. In his last days
also, he never informed anyone for any help as that would
disturb the working of brother Judges or friendsX

;.--
On the death of Justice T.P.S Chawla, we have lost
a stalwart, a legal luminary a rna" who has left no parellel.
His death, undoubtedly, is a grievous loss to us all, and,
in particular, to his wife.
We send our condolences to his wife and wish her
strength to bear this irretrievable loss. May God bestow
peace to the departed soul.
I request you all to pay homage by standing in

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silence for two minutes in the memory of Justice T.P.S.
Chawla.
(VIJENDER JAIN)
19th October, 2006

moment after the silence, and it will be announced by
Hon'ble the Acting Chief Justice as under):
"As a mark of respect to the departed soul, the T

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RESUME
Name
)
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R.K.Jain
Senior Advocate
Supreme Court
28th November,1944 - 21 st December,2006
~1 Student Activities
• Elected Secretary of the Youth Welfare Association(College

:\ Union) in the year 1963-64 in Mah~raj Singh College,
\
Saharanpur ,
I
• Elected Vice President of Law AS$ociation,Meerut
College, Meerut iA the year 1967 (Presrdent was Head of the
:\ Department).
,
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Professional and Other Activities
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• Joined the Bar in the year 1969 and started practice at District
Court,Saharanpur (U.P.)
i • Shifted practice to Supreme Court in the year 1971.

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• Elected Secretary of the Supreme Court Bar Associa~~n twice·
in succession during the years 1984-85 and 1985-86.'
• Designated Senior Advocate suo moto by the SuprC.me Court

in the year 1986.
• Elected President of ,Supreme Court Bar Associatio,(1 twice in

succession during the years 1992-93 and 1993-94 with a
record margin on both the occasions and held the record of
being the youngest President of the Bar. Subsequently, after a
gap of two years again got elected as President of the Bar in
1996. In 1998-99 became the President of the Bar for the
fourth time and again in the", year 2000-2001 became the
President of the Apex Bar for a fifth time. In 2002-03 was
elected President of the Bar yet again for record 6th time.
• Launched Indian Bar Association - .an All India body of

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Advocates for the general welfare and betterment of the
,!
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lawyers, legal profession and the judicial system and elected

its first President.
Worked zealously for the abolition of Capital punishment in the

Court and outside.
• Challenged the Constitutional validity of the Capital

,/ Punishment and for the first time in the history, Supreme Court
V stayed execution of all death sentences in the Country.
• Sought to humanize and de-mechanise the process of grant of

J bails.
• Fought against abuse and misuse of Preventive Detention Law

and sought protection and enforcement of the rights of detenu. '
• Appeared in various cases where the citizens were detained

V under Preventive Det6iltion Law and worked the development
of law relating to Preventive Detention.
• Appointed Chairman of the Committee constituted by the

Supreme Court to go into -the question of abolition of Chil-j
. Labour in Fireworks and Match Factories in Sivakasi and
recommended abolition of Child Labour in the report.
• Worked on the Committee, appointed b~he Supreme Court

J for the welfare of the Children of the Prostitutes.
J Worked for the abolition of the Child Labour in the country and ,
fought for it in the Court and outside.
• On direction of the Supreme Court submitted report on

Improvement in the Juvenile Justice System.
• Appointed by the Court, as amicus, to argue case involving

protection of the citizens against the possible misuse of power
by tne police.
• Appeared in almost all the important cases for defending the

reservations of Scheduled Caste and Scheduled Tribe.
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• Fought for the rights of Scheduled Caste and Scheduled

~-:.
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Tribes in the Court and outside.
,~.' , ~ Appeared in the case for review of the Supreme Court's

')",,-
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/ Closely associated with a number of organizations working for

V the welfare and upliftment of the Minorities.
"
. / Associated for long with the Free Legal Aid Movement and
V was founder member of the Supreme Court Legal Aid
.~* ~, Committee.
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" '\. • Awarded Rashtriya Sam man by the Income-tax Department in

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June,2000 being one of the high£~~ Tax Payers in the country
~
'- being in the Individual category.
~dvocated for the total financial autonomy of Judiciary.

• Advocated for National JUdicial commission for appointment to
the Higher Judiciary and looking into complaints against High
Court and Supreme Court Judges.
Advocated amongst the students & youngsters for prO~Sing

, \
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•
politics as a profeSSion. ,: ~
• Advocated for intellectuals! professionals to join politics to

'f • •
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eradicate corrupt politiCians.
• Has been motivating young, first generation lawyers joining the,

Profession. ... "~,.,
• Had been deeply interested in Music, Poetry and Literature.

~~li:t i· t,:,
He formed (MEHFIL-E-WUQKLA J ~ forum of lawyers where
lawyers have been performing their Music and Poetry. He
,'I
used to hold annual Mushiara inviting I~ading poets of the
country and used to give Award to the best budding poets.
Reading Indian History and literature was his hobby and
passion.
, ,
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• Used to devote his free time for upHftment of the down trodden
and have nots. Worked tirelessly for removal of hunger. His
.! JI.~
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slogan was "Each one Feed one". He was leading "Manavatha
Abhiyan" a NGO working in this field.
• Known for remembering names of every lawyer and person he

had met. Every one will miss his anicdots and jokes in the
corridors of Supreme Court or High Court.
Surv~ving Family Members:
Mrs. Neelam Jain -Wife

Mr. Sidhartha Jain - Son, Real estate Developer
Mrs. Ria Jain - Daughter-in-law
, MS.Shefali Jain - Daughter, Advocate
Mr.P.K. Jain, - Brother, Practising Advocate in
Sup/time Court.
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"~'.':'"
, 8, Rajaji Marg,
Dr. ~ kundakam Sharma New Delhi-110 011
Chief JJstice
Tel. Res.: 23016564
Delhi High Court Ofr.: 23385401-10
23385421-30
Fax: 23383375
9th January, 2007

Dear Mrs.Neelam Jain,
The Full Court assembled on 8th January, 2007 to

pay homage to your revered husband, late Mr.R.K.Jain,
Senior Advocate, Supreme Court of India, who breathed
his last on 21 st December, 2006.
I am enclosing herewith copies of the references

made on that occasion by the Additional Solicitor General
of India, the President, Delhi High Court Bar Association,
the Chairman, Bar Council of Delhi and the Standing
Counsel (Criminal) of N.C.T. of Delhi as also the reference
made by me on behalf of the Full Court.
On behalf of the Full Court, I convey our heartfelt

condolences to you.
May the Almighty bestow peace to the departed soul.
With regards.
Yours Sincerely
-sd-
(Mukundakam Sharma)
- -
Mrs.Neelam Jain
. C-63, Sector 14,
Noida 201 301
My Lords, Hon' ble Chief Justice of High Court of Delhi Mr. Justice
M.K. Sharma and his Hon'ble companion Judges, Mr. A. S. Chandiok,
President of Delhi High Court Bar Association, Mr. Ramesh Gupta,
Chairman Bar Council of Delhi, Central Government Standing
Counsels, Ms. Mukta Gupta, Standing Counsel for Delhi Administration,
Mr. J.R. Midha, Addl. Standing Counsel for Delhi Administration and
counsels for various other statutory authorities, member of the Bar
and my esteemed colleagues, Mrs. Neelam Jain, widow of late Shri R.
K. Jain, Mr. Sidhartha Jain, Mrs. Rita Jain, M. S. Shefali Jain and Mr.
P. K. Jain, Advocate, Ladies and Gentlemen.
2. He was born on 28-11-1944 at Saharanpur. He had his schooling
in JB Jain High School, Saharanpur. He graduated from Maharaj Singh
College, Saharanpur and did his Law from JB Jain Law College,
(
Saharanpur. He joined the Bar in the year 1969 at Saharanpur and
within two years in 1971 he shifted his practice to the Hon' ble
Supreme Court of India. He has been Secretary of the Supreme Court
Bar Association for two years in succession, i.e., 1984-85 and 1985-86.
He was designated by the Hon'ble Supreme Court as Sr. Advocate suo
moto. He was elected as President of the Supreme Court Bar

t
Association in the year 1996, 1998-99, 2000-01 and continued till
2002-03. I had the opportunity of being closely associated with him
during the year 2001 when one of his junior colleagues persuaded me
to contest as Sr .Member of the Executive Committee of the Supreme
Court Bar Association. During that year I discovered more about Mr.
Jain.
3. Bhagwat Gita, Chapter IV Versa 19 describes a learned man. It
says:
sarve samarambhah kamsamkaipavarjitah
Jnanagnidagdhakarmanam tamahuhpandjtam budhah"
In other words, it means he whose all enterprises are devoid of desire
and motive, whose works are burnt by the fire of knowledge, him the
wise call a learned man.
Mr. R.K. Jain was truly a learned man. He was full of knowledge
and the fire of knowledge was always glowing on his face. He worked
relentlessly to spread knowledge and learning. He was a very simpLe
and honest man, a man of deep Learning, with a vision and desire to
serve the poor. He was a very noble person. He was always cool and
(
(!"~"~')
' ....._.- ....
calm. He was liked by every member of the Bar - be it Supreme
Court Bar Association or be it Delhi High Court Bar Association or any
other Association of Advocates. He was a pure Jain - a pure
vegetarian, non-smoker and teetotaller. He firmly believed in his
religion and was infact returning to Delhi after a pilgrimage, when he
suffered severe heart attack in train.
(~~J:~ ')
4. He /was unassuming, sober, gentle, well-mannered and an
t--
Advocate in the true sense. He was always polite and respectful to
the Bench but had the art and ability to convey his view-point by
/1
remaining polite but firm and without showing any anger. He was full
of affection towards his colleagues and juniors alike. He had a passion
to work for the rights of Scheduled Castes and Scheduled Tribes,
upliftment of the minorities and poor. He had an excellent memory
and anyone who ever came in contact with him had the ability to
remember him by his name and used to call him by his first name. In
his death the Bar has lost a learned man, an eminent lawyer, a friend
of the Bar, a true gentleman.
5. Mr. Jain has been appearing in almost all the matters in the
Supreme Court on one side or the other. He had chaUenged the

,
constitutional validity of death sentence in the well-known case of
Triveni Ben vs. State, the matter decided by the Constitution Bench
of the Apex Court reported in 1989 1 SCC 678. He was the highest tax
payer in the individual capacity approximately for year 1999-2000 and
was awarded Rashtriya Saman by the Income Tax Department in June
2000.
6. I, on behalf of the Government of India, my colleagues, Central
Government Standing Counsel request the Hon'ble Chief Justice of
the High Court of Delhi to convey our heartfelt condolences to the
bereaved family and pray to the Lord Almighty to bestow courage on
his family to bear this irreparable loss and may his departed soul rest
in peace always.
p. P. MALHOTRA
Date: 08-01-2007
A.S. Chandhiok
•
TRIBUTE TO LATE R.K. JAIN

SENIOR ADVOCATE
FULL COURT REFERENCE - JANUARY 8, 2007
MY LORD THE CHIEF JUSTICE, YOUR LORDSHIPS, MR.

P.P. MALHOTRA - ADDmONAL SOLICITOR GENERAL
OF INDIA, MR. RAMESH GUPTA - CHAIRMAN, BAR
COUCIL OF DELHI, STANDING COUNSEL FOR GOVT.
OF INDIA AND THE GOVT OF NATIONAL CAPITAL
TERRITORY, OFFICE BEARERS OF DELHI HIGH COURT
BAR ASSOCIATION AND OTIIER BAR ASSOCIATIONS,
t ~ ~~GUESATlHEBAR,~RELATIVIiS
III
r~ .~)ilAo4 R.K. JAIN, LADIES AND GENTLEMEN:
~
Centuries ago, Shakespeare in Twelfth Night said that
U Some achieve greatness, and some have greatness thrust upon
them." R.K. Jain, a designated senior, but not a senior to
take the eternal journey, fully belonged to the former
category. A man, whose heart always throbbed with
righteousness, compassion and commitment, and rebelled
against injustice and inequality, failed him when he was
returning from a pilgrimage on December 21, allowing him
not to reach home, but midway changing the course to that
eternal pilgrimage. Thus we lost a dear and eminent
friend.
1
A.S. Chandhiok
A doyen of learning and a highly respected lawyer, Mr.
Jain enjoyed great public confidence. At the age of twenty
five, he entered the profession at Saharanpur. Two years
later, he made it to the Supreme Court, where he stayed
and built his standing. It was a strong relationship with
the Bar and the Bench. Recognizing his knowledge, skill
and standing, the Hon'ble Supreme Court suo mota
designated him a Senior Advocate, a rare distinction
achieved by very few. Mr. Jain knew the value of
scholarship and without his asking, that took him to
heights. The peculiarity of this profession is that
scholarship has to come through self-learning and
independent research. Here, classroom scholarship does
not go or help beyond a point. Hard work, reading briefs
and books, to quote late Palkhivala, lllike the speeding
Rajdhani Express," bring the result.
He was popular because of his qualities and the confidence
the fraternity had in him. In a period of thirty five years he
spent at the Supreme Court Bar, he was President of the

2
A.S. Chandhiok
Bar Association for about eight years, covering six terms, at
times in consecutive succession! Whenever I chanced to
meet him in this Court, he used to say warmly, "Mr.
President, I am here with your permission." I had the
privilege to appear in the matter where Mr. Jain was also
leading one set of Respondents, may be his last one in this
Temple of Justice immediately before winter vacation. It
saddens me that I will never see that smile and warmth
again.
His chosen field was criminal law, but he commanded
equal ease and dexterity in other branches as well. He
knew the art of advocacy well, and his arguments were
sharp and brief to the core. To say about his achievements,
time does not permit me. He launched the Indian Bar
Association and was its first president. He worked with
great zeal for the abolition of capital punishment and even
challenged its constitutional validity. He sought to
humanize and de-mechanize the process of grant of bail
and fought against the abuse and misuse of preventive

3
A.S. Chancihiok
detention law. His crusade against child labour, misuse of
power by police, denial of rights to scheduled caste and
tribes etc. are endless. He was deeply interested in
bringing intellectuals and young professionals into politics
as a means to end corruption in politics. He had that
remarkable quality of bringing order out of chaos.
Courtesy and patience were virtues inherent in him, in
addition to a powerful memory. Once met, the name of the
person is added to his mental directory and is effortlessly
retrievable thereafter. To his fellow colleagues his attitude
was always filled with kindness and courtesy. A strong
communicator, his conversation, filled with meaningful
anecdotes and stimulating jokes would endear him to
anyone. Above all, his love towards juniors was
admirable. Always a motivator of first generation lawyers,
he was a permanent source of encouragement to them.
Corridors of Courts, especially the Hon'ble Supreme Court
would never be same without Mr. R.K. Jain.
4
A.S. Chandhiok
He was in the forefront of many organizations and
reformative actions. His compassion knew no bounds. In
sharing his resources for the right cause, he never
hesitated.
Undoubtedly one can say that Jain Saheb was a genius.
Had he been alive for few more years, he would have
perhaps been one among those legendary legends. A
starlet lawyer and an astute jurist, he left us too early. We
lost a young senior who understood and stood by the
Confucian words that "recompense injury with justice and
recompense kindness with kindness."
"Life levels all men, death reveals the eminent," said
George Bernard Shaw. We the mortals learn the value only
after the loss, perhaps irretrievable loss. Had that not been
the case, this earth would have been a much better place to
live in!
Time will heal the sorrow of bereavement, but memories
will stay on. Our hearts go out to Mrs. Jain and other
5
A. S. Chandhiok
-...,'"-~'~,\
(/ 9~)
\ i
''-....
members of the family. Our condolences and prayers are
with them. May God grant them enough strength to bear
the loss and may his soul rest in peace.
A.S. Chandhiok
January 8, 2007
6
..
•
.. t
•
M '-J l.-,-'LJ ,
.. Hon 'ble Mr. Justice M. K. Sharma, Chief Justice of Delhi High Court and his
\CJ Companion Judges
Mr. A. S. Chandiok, President High Court Bar Association
Mr. P. P. Malhotra, Addl. Solicitor General of Govt. of India
Mr. J. R. Midha, Standing Counsel (CivilJ, NCT Delhi
Ms. Mukta Gupta, Standing Counsel (Criminal), NCT Delhi
Members of Bar Council of Delhi,
Mr. R. K. Jain, Senior Advocate of Supreme Court of India was an artist at

living and his work of art was his life. He really saw himself as a force for
good and an instrument for social improvement, who could. use his obvious
gift to help others. That vision in his life had meaning it gave him a
purpose and fuelled his hopes. >
A record six-time President of Supreme Court Bar Association, Mr. Jain
began his career at Saharanpur in Uttar Pradesh. In 1971 he shifted to the
Supreme Court in Delhi and worked his way up the legal ladder. An expert
in Criminal law and human rights, he was also a staunch advocate of
speedy and fair trials. He was the first man to demand financial autonomy
for the judiciary to make it independent and protect it from the influence of
the executive and the legislature. He said,
"It's much awaited. For the freedom of judiciary, the institution

must not be made dependent on the legislature-controlled guided
executive. Independence of judiciary and rule of law are the basic
features of the constitution. It cannot be abrogated even by
constitutional amendments. Independence of judiciary in a narrow
sense deals with independence and impartiality of individuals judges
in relation to the appointment, tenure, payment of salaries and
procedures for removal from the office. In a broader sense at second
level, the concept is about institutional independence of the
judiciary, whereas financial or fiscal autonomy is connected with
institutional independence of judiciary."
•
His view is supported by Chief Justice of India Mr. Y. K. Sabharwal's.

Justice Sabharwal's earnest appeal to Prima Minister Manmohan Singh, at
an all judge's function recently for empowering the judiciary with financial
autonomy can't be termed as too much of an expectation. The jUdiciary has
to depend upon the executive for necessary planning and finances. In order
to uphold the importance of the judiciary and its independence as a
separate wing of the democratic set up, it was imperative that the judiciary
should be able to plan its own requirements and implement them and this
needs enormous finances.
His view was also supported by various judgements that have asked the
government and its agencies to shun intra and inter litigations for the sake
of saving the precious time of the judiciary. Majority of the litigations are
1 - due to the extravagance of either of the government bodies. Mr. Jain was
also among the first lawyers to speak up against the death sentence.
He was amongst the rarest lawyers, who knew most of the members of the
Bar by name and identified them by face and always helped them socially
and professionally. His loss is loss of every one.
Alferd Lord Whitehead once said, "Great dreamers' de \reams are never
""
fulfilled, they are always transcended, which is quite true as far as the life
of Mr. R. K. Jain, Senior Advocate, is concerned. Mr. R. K. Jain, Senior
Advocate, knew that mind management is the essence of life management.
Mr. R. K. Jain's mind had a magnetic power to attract all that he desired
into his life.
~12~ew that there was nothing noble about being superior to some
others. True nobility lies in being superior to your former self. He practiced
creative envisioning through out his life.
I on behalf of myself and members of the Bar Council pay our sincerely,
deep and heart feel condolence on the said sudden demise of our beloved
Mr. R. K. Jain, Senior Advocate and request my-lord, Chief justice of Delhi
High Court to convey our condolence to the bereaved family of late Mr. R. K.
Jain and to the President of Supreme Court Bar.
In the last copy by Faiz Ahmed Faiz
~,,<ft Ut.--L '

fZ~ c.~~
~------
/~\
(
" ;I tl9)
f, "
.• \ '

Hon'ble the Chief Justice, Hon'ble Judges of the Delhi High

Court, Chairman, Bar Council of Delhi, Addl. Solicitor General,
President, Delhi High Court Bar Association and esteemed friends.
In the sudden and untimely death of Sh. R.K. Jain, Senior

- 0- ke,H -t l,'(t) ( ~
Advocate on 21.12.06 the Almighty has snatches the shinning star
of the bar. A friend of all he was a guide to all the junior members
of the bar. The inborn qualities of leadership of Sh. Jain were
evident from his college days in Maharaja Singh College, Saharanpur
and Law College, Meerut where he led his fellow students in the
Youth Welfare Association, College Union and Law Association. He
joined the Bar in 1969 at the District Courts which could not satisfy
his legal acumen and his caliber forced him to shift to Supreme Court
in 1971. After successfully having been elected as General Secretary
of the Supreme Court Bar Association he was elected six times as its
President and had the distinction of being youngest president of the
Bar when elected for the first time in 1992-93. Sky was the limit to
his thoughts and achievements. Being the youngest president of the
Bar did not satisfy his pursuit and he launched an All India Body
the Indian Bar Association for the general welfare and betterment of
the legal profession and enrichment of the judicial system after
weeding out its deficiencies. Mr. R.K. Jain will always be
remembered asa lawyer who always worked for the welfare of the
lawyers.
Not only was he concerned about the welfare of lawyers

but also about the other weaker sections of the society. As
Chairman of a Committee constituted to go into the question of
abolition of child labour in fire works a()\GI match factories and a
member of a committee appointed for the welfare of the children of
I I
the prostitutes his contributions were tremendous. Today not only
child labour is prohibited in such industries but also in domestic
work. He worked for the welfare and upliftment of minorities and
Scheduled Castes and Tribes both inside and outside the court room
and remained associated with the Free Legal Aid Movement. He
zealously worked for abolition of capital punishment and fought
against abuse and misuse of preventive detention law. Mr. Jain was
suo moto designated as Senior Advocate in 1986 by Supreme Court
CA YZl-\.,t' d ($-fM.-.c ~
an honour conferred on a few. He was a strong supporter for iN-
intellectual and the professional people to join politics to eradicate
the corruption in politiCS so as to bring in a galaxy of "Woh Log
Kahan Hai".
A man with vivid interests he loved music, poetry and

literature and his passion in various facets of life could be well seen
at the Mushiarahs, symposiums and meetings he held. His free time
was meant for upliftment of down trodden and have notes. His
slogan was "Each one feed one" for which he was leading a non-
government organization working in this field called "Manavastha
Abhiyan". His loss at this young age is a loss not only to the legal
profession but to the humanity.

Govt. of Ncr of Delhi, on behalf of my colleagues representing
(MUKTA GUPTA)
GOvr. OF N.C.T. OF DELHI.
8th January, 2007
,

SH. R.K. JAIN, SENIOR ADVOCATE, SUPREME COURT
Hon'ble Judges of Delhi High Court, Mr.A.S.

Chandhiok, President of the Delhi High Court Bar
Association, Mr. P.P. Malhotra, Learned Additional
Solicitor General of India, Mr. J.P.Sengh, Vice
President and other Office Bearers of the Delhi High
Court Bar Association, Mr.Ramesh Gupta, Chairman, Bar
Council of Delhi, Ms. Mukta Gupta, Standing Counsel
for the Government of NCT of Delhi, Learned Members
of the Bar, Ladies and Gentlemen.
We have assembled here today to mourn the sudden
and sad demise of Sh. R.K. Jain, Senior Advocate,
Supreme Court who breathed his last on 21 st December,
2006.
/
Sh. Jain began his legal career from the District

Court of Saharanpur in 1969. Being a first generation
lawyer, he built up his practice by way of his merit,
, (J
~~
.. ""'1,)
'" . . . . . -v
":
""
- .,....... ,~.. ,.' .
hard work and dedication. It is not surprising that
within a short span of time, he paved his way to the
Supreme Cou rt where he was suo moto designated as
Senior Advocate in 1986.
As a lawyer, Sh. Jain was known for his courage
and conviction. He was systematic and meticulous and
always thorough with his brief. His arguments were
crisp and well formulated. At the same time, he was
I
I
polite and courteous with impeccable court manners.
The fairness, honesty and integrity of Sh. Jain was
appreciated by the Bench and the Bar alike. He gave
respect to others and it was returned to him in full
measure.
Sh. Jain's contribution to criminal law is
significant and noteworthy. He appeared before the
Supreme Court in various landmark criminal matters as
Counsel as well as Amicus Curiae right from his

initial days at the Ba r. He championed the cause of
abolition of capital punishment. He worked for the
development of the law relating to preventive
detention and for de-mechanising the process of grant
of bail. He has also cont ributed towa rds the
improvement of the Juvenile Justice System in India.
Sh. Jain was a person with leadership qualities
and he ca r ried the Ba r with him. His good hea rted
smi le and friendly countenance endea red him to one
and all. I am told that he had the ability to
remember the names of each and every person who came
in contact with him. It was these qualities that saw
him elected twice as Secretary of the Supreme Court
Bar Association and its President for a record number
of six times. Sh. Jain was also known for his
affection for the younger members of the Bar. He

I
helped the needy ones with encouragement and at times

means.
Sh. Jain made valuable contribution towards

upli ftment of the down trodden. The commitment of
Sh. Jain to this cause is also reflected in him being
one of the founder members of the Supreme Court Legal
Aid Committee. He worked tirelessly through an NGO
named "Manavata Abhiyan" for the removal of hunger
with his slogan "Each One, Feed One".
With the demise of Sh. Jain, the legal fraternity

has lost a stalwart, the near and dear ones, a father
figure and the society, a generous and kind hearted
man. Sh. Jain is survived by his wife, Smt. Neelam
Jain, son, Mr. Sidhartha Jain and daughter, Ms.
Shefali Jain, who is an Advocate.
)
I'","'~'.--':~~
~~~)
We send our heartfelt condolences to the members
of the bereaved family and pray that the Almighty
bestow them with the strength to bear this
irretrievable loss.
May I request you all to pay homage by standing

in silence for two minutes in the memory of late Sh.
R.K. Jain.
(MUKUNDAKAM SHARMA)
CHIEF JUSTICE
(The Hon'ble Judges will take their respective seats

for a moment after the silence, and it will be
announced by Hon'ble the Chief Justice as under)
Court work is adjourned for the rest of the day".
\
SPEECH
My Lord the Hon'ble Chief Justice of High COUl1 of Delhi, Mr: J~stice
M . K. Sharma, Hon'ble Mr. Justice T. S. Thakur and other Hon'ble
Companion Judges, retired Judges, Mr. Ram JethmalaniMr. A. S. Chandiok,
President of Delhi High Com1 Bar Association, Mr. Ramesh Gupta,
Chainnan, Bar Council of Delhi, Ms. Mukta Gupta, Standing Counsel for
Delhi Administration (Criminal side), Mr. J. R. Midha, Standing COlIDSe1 for
Delhi Administration (Civil side), Counsels for the Central Government, State
Government and Counsels for various public authorities, and: statutory
corporations, my esteemed colleagues at the Bar, relations and ·"family
members of late Shri D. D. Thakur, Ladies and Gentleman.
2. Mr. D. D. Thakur had a humble beginning. His life was full of

stmggles and challenges and in that quest he shifted from place to place and
each time, he became more courageous and victorious. Beginning his studies
as a child in a small village, he did his primary education in Himalayas. Then
he shifted to Banihal and later to Udhampur and then to Srinagar where he did
his graduation. For his law, he turned to U.P. and there he came under the'
influence of Socialist leaders like Jai Prakash Narayan, Ram Manohar Lohia
and Acharya Narendra Dev. Thereafter, he started his practice in Ramban in
Jammo and Kashmir in the year 1954.
'3. He shifted to Jammu in 1959 where he had a roaring practice and his
talent was recognized by one and all and he was elevated as a Judge of the
Jammu & Kashmir High Court in the year 1973. As a Hon'ble Judge of the ( ..
High Court he delivered many landmark judgements. He had a perfect
\ .
" ,
temperament of a judge. Always very cool, anger had been thousands of miles
away from him. He was a down to earth Judge and had concern for the poor
and downtrodden. He was full of life, enjoyed struggle and destiny had laid
down a different role for him. Seeing his acumen and concern for poor, Late
Shiekh Mohd. Abdul1ah persuaded him to quit the judiciary and join politics.
His Cabinet consisted of three Ministers each from different regions. He was
choosen as a Minister from Jammu Region and he headed several Ministries
including Finance, Law, Planning, Transport, Food & Supplies and Housing
and Urban Development. As a Minister he took upon himself the cause of
poor, made various reforms for the abolition of dealership and permit Raj and
worked for the cause of the poor. He was consulted by Late Shiekh Mohd.
Abdullah in various matters. He played an important role to bridge the gap
between the Central Government and the State Government and after the
demise of Shiekh Mohd. Abdul1ah, he retumed to Bar and shifted his practice
mainly to Delhi in the Hon'ble Supreme Court and this Hon'ble Delhi High
C01ll1.
",
\
4. Hearing him was a matter of great pleasure in as much as he would

place a matter before the Court coolly but finnly, he never raised his voice but
argued his cases with smile and firmness. He was very simple yet
sophisticated, gentle in the arguments yet very firm and always presented his
case in a very simple and understandable manner. He had a pleasing
personality and would always meet you with a smile. He was an immaculate
person. He could handle any difficult matter with great ease. This was
probably a gift of God to a noble soul from Himalayas. He wa~ a brilliant
advocate. His power of persuasion and argumentative capacity backed
..
up by
"
his assertiveness in a humble way without annoying the Court was a treat to
'I
watch. He could make out a case from nowhere and carry the Court with him
by his wit, humour and grace and, of course, with his knowledge of law and
sense of justice. He was a finest legal mind. He was respected by every
Bench. His personality had a tilt towards the poor and he had a sense of
fairness, impartiality and objectivity. There was hardly any case in the
Supreme Court where he had not represented one side or the other. His
contribution to development of law and art of advocacy is unparalleled.
5. He held varlOUS Government positions at different times. He was

''.\ deputy Chief Minister, he had been the Governor of Assam and neighbouring
States of Arunachal Pradesh. He had been the Chainnan of the North-Eastern
Council and had dealt with the ULF A problem with ease. His role as 'a Judge
of the High Court, as a Member of the State Legislature for about 12 years, as
a Minister in successive Goverm~ents, as Governor of two States in the
North-East, as a Senior Advocate of the Supreme Court and this Hon'ble
Court is a testimony of his unique ability and courage which he possessed and
which was widely acknowledged and reco~Jfiized. He was not only an eminent
and a brilliant judge, a legal luminary, ajurist, a good administrator but above
all he was an honest man, a good man, a man with a noble soul.
•...
6. In his lifetime itself he recognized life and death. His book "My life
and years in Kashmir politics" is a testimony to his ideas about the real life;
and to his ideas about humanity. He knew that no one could escape death and
anyone who is born is destined to die.
7. He was a bom challenger, a man very simple but full of grace, dignity,
sophistication. He was also a great host. You could not come from his house
·.
without being entertained. His death has caused a great loss to the legal
community, society and above all to the poor sections of the society. I was
'''', witness to the expression of grief by common men at the time of his
cremation at Jammu and it looked as if a sea of humanity has surged at the
cremation ground on the banks of river Tawi where his body was laid· to rest.
Multitudes of assembled people from ali walks of life clearly showed how he
was loved by one and all.
8. l share this grief with Mrs. Saraswati Thakur, his widow, Hon'ble Mr.
Justice Shri T. S. Thakur, his wife and children, Mr. D. S. Thakur and all
other Members of the family' and the Members of the legal fraternity who
have been all grieved. May his soul rest in peace and may God giv~ all of us
strength to bear this loss. ....
9. I request the Hon'ble Chief Justice of the Delhi High COlllt to convey
our heartfelt condolences to the bereaved family and may his soul rest in
peace.
f~ I--J ~~
( P. P. Malhotra)
Date: 2nd l\larch, 2007.

..
TRIBUTE TO LATE D.D. THAKUR

MY LORD THE CHIEF JUSTICE, MY LORD JUSTICE T.S.

THAKUR, YOUR LORDSHIPS, MR. P.P. MALHOTRA-
ADDITIONAL SOUCITOR GENERAL OF INDIA, MR.
RAMESH GUPTA - CHAIRMAN, BAR COUCIL OF DELHI,
STANDING COUNSEL FOR GOVf. OF INDIA AND THE
GOvr OF NATIONAL CAPITAL TERRITORY, OFFICE
BEARERS OF DELHI HIGH COURT BAR ASSOCIATION
AND OTHER BAR ASSOCIATIONS, RESPECfED SENIOR
MEMBERS OF THE BAR, MY COLLEAGUES AT THE
BAR, LADIES AND GENTLEMEN:
"In the ultimate analysis, nothing survives here, not even
memories. Memories too, as everything else, cannot stand
the ravages oftimeJor long.· They are as vulnerable to
decimation as are the kings, their palaces and the havelis
ofnawabs............Everything, even the memories.fade in
due course in the unfathomable depths of time without

~.' .
leaving any trace behind." These thoughtful words were
penned by late D.D. Thakur in April 2001, while
convalescing in a hospital, when he found time to write his
memoirs which is now available in print. Wisely, Thakur
Saheb has put a meaningful condition to the clause in just
two words, i.e., "for long." "For long" means how long?
--
Thakur Saheb has left that for his readers to decide. It
'.
\
could be few years, decades, centuries and so on.
Memories of sages, seers and religious teachers have lasted
uptill now. But memories of many leaders and the like,
famous and infamous, have disappeared. Of course, some
do stay yet. And today, we are here, to remember and pay
our homage to that noble soul, who left for his heavenly
\'
abode on the 3rd of February. And with definite optimism, I
would say that Thakur Saheb will be remembered for long.
Benjamin Franklin wrote: "if you would not be forgotten
as soon as you are dead and rotten. either write things
worth reading or do things worth writing." Thakur Saheb
-"\'"
did both. In his capacity as a jurist, judge, lawyer, minister,
governor, Writer, he made his contribution, which would be
remembered by generations to come. II
Practice of law was his passion and profession by choice.
Even during the intervals in ministership and gubernatorial
assignment, he practiced law. He mentions in his memoirs
his meeting with the legendary C.K. Daftary when he
expressed his inability to afford a library in Delhi. Daftary:

.. "
Saheb, who had decided to retire, offered his library to
2
~
-, ..._-_ ..
Thakur Saheb. When he expressed his inability to p~y for
it, the legend said: "pay whatever you can, whenever you
can, even after my death to my executors." When Daftary
Saheb's daughter objected to the sale and mentioned that
they would keep the library as a proud possession, the
legend gave yet another best reply, which would resonate in
our ears forever that there was no use to keep the books in
the library to gather dust and that the library would be used
by Thakur Saheb the best possible way. What Thakur
- Saheb then told Daftary's daughter is even more legendary
and touching. He assured that the name slips of Daftary
Saheb would never be removed from the books and his
future generations would also abide by that! Only an
emperor can behave like an emperor. What more is needed
to reflect the love and commitment to the profession? I
have not come across any parallel to this till date. The
beginning so serenely made to practice in the Supreme

"\"
Court and settle in Delhi remained distinguished till
Thakur Saheb retired from practice. When he spoke of his
return to the Bar after the interludes, I feel that he was
thrilled to do so. He did not have to wait even for a day to

3
.,'
( G~)
get briefs. When it is known that he is coming to Delhi,
briefs started pouring automatically. As iron filings are
attracted to magnet, briefs gathered around the master
lawyer. His practice was not confined to the Supreme
Court, but he was much sought after in the High Courts as
well, including this very one. His success at the Bar was
phenomenal. He was awarded the 'Rashtra Samman Patra'
for being one of the highest tax payers for years together.
He loved his juniors and colleagues at the Bar from the core
of his heart.
My experience with him reminds me the words of Lord
Denning that "the bamster is not the mouthpiece of his
client.. ....He owes allegiance to a higher cause. It is truth
and justice." If this could be treated as a principle, this was
embedded in him. He returned briefs which lacked truth
and law and took briefs refused by others where the truth
involved lacked evidence. According to him, the luckiest
thing that could happen to beginners in profession is that
he should be associated with a lawyer gf irreproachable
integrity, who would make him think hard, make him
'. \
benefit from his ideas, assimilate them, improve upon them
and use the same better. Thakur Saheb innovated a skill in
persuasive advocacy, which has escaped most of ,Us. Daniel
Webster, a great American lawyer, said: "The power of
clear statement is the great power at the Bar." Thakur
Saheb precisely adhered to this and this was one of his
. powerful traits. If we read__hi~_W:Qrds_clo_sely,_that~everyu _________ _
moment of one's life is in trust with Him and has therefore,
to be spent in action ... 1 worked with dedication in every
position to which 1 was catapulted by destiny," we would

\.
see that this is one of the finest teachings of the Gita, put to
practice by him.
I had the privilege of assisting him in many matters and the
opportunity of hearing him in private, of his experiences
and perceptions, and how he looked at things.
He was truly a visionary. While speaking of early Kashmir
politics, he said with great concern "1 sometimes wonder

....
how people who govern the destinies of millions by the
sheer quirk offate, and who come to ocCupy the centre
stage of history, fail to wake up to grim realities and
5
)1.5. CIi41uJ1iio(
refuse to listen to the ringing bells so loud and clear."
Prophetic words. His concern for the people is clearly
reflected in his words.
Belonging to an agrarian family, born to deeply religious
parents, Thakur Saheb had a mystic aura right from his

~.' .
birth. He showed no sign of survival immediately after
birth and this continued for few days. Meanwhile, his
affectionate father, in order to find solace to his perturbed
mind, consulted an astrologer, who predicted "if the child
survives. he will have a long life and distinguished career."
The child opened his eyes on the thirteenth day and
survived. The prediction too survived. Till he breathed his
last, Thakur Saheb remained distinguished. He valued
relationships greatly. This seems to have begun from his
attachment to his mother. He was deeply attached to his
"" mother. Mother and Mother Nature are the two
inseparable entities in this world that deserve the greatest
respect. They both never crave for respect or recognition
and we, the beneficiaries of their love and care, are seldom
bothered to see whether we have done our bit towards them
6
well. When his mother passed away, Thakur Saheb felt that
he had lost all that he had. She was his infinite source of
strength. He knew that and valued that. Whether we know
or not, it is the fact that it is from the mother that we get
the basic lessons of life. The basic lessons of love and
sacrifice. Here I remember the words of the great
psychologist or say, the psychoanalyst, Dr. Sigmund Freud
(pronounced Zikmoont Freid), that "a man who has been
the undisputed favourite of the mother keeps for life the
feeling ofa conqueror. that confidence ofsuccess that
frequently induces real success." He built relationships on
trust and love. The crowds that filed past his body, that
attended the cremation and the last rites at Jammu bear
. testimony to this.
To talk of Thakur Saheb, the time permissible here would
never be sufficient. He turned gold everything he touched.
As a lawyer, jurist, judge, minister, governor,
administrative head, he made his mark. Whatever he did,
he did it with full conviction. In expressing his opinions, he
had no inhibitions. He plainly admitted that human
7
judgments vary and the angles of appreciation of evidence
differ. This fortifies the view that a matter should be
pursued till it is conclusively decided or say, satisfactorily
decided. He believed dispensation of justice is a sacred
duty. Nothing belongs to the judge, he is there to judge,
according to law, to whom does right belong, out of the two
parties. What he spoke of judges are of everlasting value.
He has said that a judge should not act arbitrarily to
trample the rights of citizens. Prejudice and predilections
of a judge are the antithesis of justice. He categorically
emphasized that impatience, abnormal hurry and
arrogance of the judges are dangerous to judiciary and
none of these traits befit a judge and he must always
remember that he is not a ruler.
His experiences present us many colourful and serious
pictures, which show trust as well as betrayal. Portrayal of
sleeping parliament members, Prime Minister amidst a
discussion, and politician who could ever change his stand
instantly to his benefit and against the.commitment, are all
there. About politics, he has said that: "politics is the most
8 •
unjust despite the Indian Constitution being what it is.
Democracy is only a veiled dictatorship and nothing else.
It is not the Parliament that rules. it is the coterie'
surrounding the leader. Abuse of power is the order of the
day." An honest expression of an experienced mind.
Simplicity symbolized the lifestyle of Thakur Saheb as he
was full of kindness, devoid of vanity and pride and always
prepared to offer service to the person in need. There was
never a desire for self glorification, for casting aspersions
on others, for intrigue or cliques, for looking down on
others who were not well off. Such impeccable traits and
his profound humility gave him the deserved respect from
persons of all walks of life. A man who rose by sheer dint of
hard work and merit to the highest pinnacles of leadership
in the country, is worth emulation.
'; / ~
His words about hard work w,etk as a warning for us, who
forget the finer aspects of life in the hurry burry of
profession. He admonishingly says that "here enough is a
little more than what we have and therefore we can never .
have enough. Allured by the briefs with tat fees. I could
9
}LS. CliandTrioi..
not overcome the human instincts of material
possessions." He painfully admits that this has set back his
health. Though in a lighter vein, he further says "for
purification of soul. renunciation is the condition
precedent: but the irony is that most ofus do not renounce
and those who do. do it very late in life. Earlier we do the
better."
The life that began on December 9, 1929, has come to an
end on February 3, 2007. A life full lived. The State
honoured him and we all honour him. As I knew him
personally, it is difficult for me to express the loss. Our
deepest feelings, as Shakespeare said, are the hardest to
express.
Thakur Saheb was a devotee ofVaishno Devi. His name is
Devi Das, his wife is Saraswati, another name of his
favourite Goddess. May his soul be in union with the
eternal mother and may that mother bless his family, left
""
\.
behind by him.
10
....
, .
Both his sons are following his path. One of them is with us
today, that is Hon'ble Mr. Justice T.S. Thakur. The other is
a lawyer practicing in Jammu & Kashmir.
Bereavement is matchless. Nothing can repair the loss
done by it. Time will heal the sorrow, but memories will
" ~I"b-:/
"\.. stay on. Our hearts go out to )Mrs. Thakur and other
members of the family. Our condolences and prayers are
with them. May God grant them enough strength to bear
the loss and may his soul rest in peace.
A.S. Chandhiok
President
March 2, 2007
11
". ,\'.
)
OBITUIRY REFERENCE SPEECH BY RAMESH GUPTA, CHAIRMAN - BAR

COUNCIL OF DELHI DELIVERED ON 2ND MARCH, 2007.
'" My Lord Dr. Justice M. K. Sharma Chief Justice of Delhi High Court and His
\. Companion Judges.
Hon'ble Mr. Justice Tirath Singh Thakur,
Mr. A. S. Chandiok, President of Delhi High Court Bar Association
Mr. P. P. Malhotra, Additional Solicitor General .of India.
Mr. J. R. Midha, Standing Counsel (Civil)
Mrs. Mukta Gupta, Standing Counsel (Criminal)
Members of Bar Council of Delhi
Office Bearers of various Bar Associations
Former Judges of this Court - .. "
Hon'ble members of the Bench and Bar.
Ladies & Gentlemen
Late Sh. D. D. Thakur was a philosopher, a socially oriented politician, a

versatile lawyer, a great Judge and above all a true human being, who believed
"Character, courage, perseverance and industry are the pillars of a successful
human life." And lived his life well and on his terms.
The true reflection of his life is evident from what Pop John Paul II once said, I
quote "We must overcome our fear of the future, but we will not be able to
overcome completely unless we do so together. The answer to that fear is
f
neither coercion nor repression, nor the imposition of one social model on the
entire world. The answer to the fear is the common effort to build the civilization·
, of love, founded on the universal values of peaye, solidarity, justice, and liberty .. "
"\.
He left all of us on 3rd February, 2007 for the eternal journey. During the last
period of his life, he suffered from serious diseases and started distan.cing
himself from the world around and tried to come to the realities of life, though this
process was not easy. He believed that for the purification of soul, renunciation
is the condition precedent.
Born on 09.12.1929 in a remote village, in the deep Himalayas in the State of

Jammu and Kashmir, Sh. D.O. Thakur, set up !lis initial practice in the year 1954
at Ramban and eventually shifted his practi~e to Jammu in 1959 and with
,
illustrious 15 years at Bar he was elevated as Judge of High Court of Jammu and
Kashmir in the year 1973 at an early age of 43, but soon tie was persuaded to
join Late Sheikh Mohd. Abdullah's Cabinet with whom he served in numerous
important portfolios pioneering and leading various reformatory measures for the
State of Jammu & Kashmir.
From 1982 he made his metal known at Delhi having shifted his base here,
practicing before Hon'ble Supreme Court and before this Hon'ble Court. Soon,
he had to serve as Deputy Chief Minister of State of Jammu & Kashmir in 1984.
Sh D. D. Thakur resumed his practice at Delhi in the year 1986,.but destiny again
"" made him to serve as Governor of Assam and Arunachal Pradesh in the year
\ ,
1990 and also as Chairman of Northern-Eastern Council. Finally Shri Thakur quit
governorship of Arunachal Pradesh and returned to the practice law be{or~ this
Hon'ble Court which always remained his first l<;lve.
His life has been remarkable as a Lawyer, a Judge and an Administrator and he
had talked about his experiences in his autobiography "My Life", I quote "I
realised how right I was when I had told the Avadh Bar Association, "I have given
up the Judgeship of the High Court with more than twenty years to go because I
felt that the dimensions of administrative justice were far greater than the justice
according to law. I wish I could at least in a small measure introduce a judicial
approach in the administrative affairs."
He has further written "Success at the Bar gave me a far greater sense of
fulfilment than what I would have got while sleeping in the luxurious Raj Bhavan
at Arunachal Pradesh virtually without any job. I do believe firmly that every
moment of one's life is in trust with him and has, therefore, to be spent in action.
I worked with dedication in every position to which I was catapulted by destiny.
He had even talked about virtues of a Judge and I further quote, "I believed,
dispensation of justice is a sacred function. Nothing belongs to the Judge. He is
to judge whether right belongs to one or the other of the !\,yo parties. This,
however, has to be done according to law. A judge should not act arbitrarily to
,
trample the rights of the citizens. Prejudice and predilections of a Judge are the
antithesis of justice. He has not to enter the ring where the parties are to fight. If
he does so, he demolishes the very foundation of the system."
The success at the Bar enhanced his financial status so much that he was
awarded a "Rashtra Samman Patra" for being: one of the highest tax payers of
,
the country for the years 1996-97 to 1999-2000.
His philosophy can be judged from what he wrote and I quote "Justice in human
society despite all the laws and law courts continues to be a far cry. No country
in the world has been able to set up a system to ensure justice in a fight between
citizens and a citizen and the state. Human nature is infinite and it is most
difficult if not impossible to ensure justice to everyone.
Today we have reached a stage in our civilisation when we have conquered

space and have been successful in discovering galaxies other than our own and
yet the World suffers irreparably because of th~ discrimination and various other
afflictions.
Most of us would remember what Justice Behrul-Islam said to Justice Desai

while hearing a matter being argued by Mr. D.~ D. Thakur" don't fire at him he
would fire back. After this incident Mr. Y. S. Chitley petted him on his back and
commented "what was the loss to a executive is a gain for the Bar".
' .. Hoh'ble Mr. Justice B. A. Khan, Chief Justice of Jammu & Kashmir High Court
\
while delivering his obituary reference and tribute to Mr. Thakur said "Thakur
Sahib was a multi-faceted, a versatile and a towering personality. He strode ~ike
a colossus on the legal scene for several years. His contributions and
achievements are many and varied and cannot be catalogued and
compartmentalised in one particular ar~a. He plunged in one field or the other in
his quest to make a mark in life, which he did with distinction.
Mr. Thakur's departure is a great loss not only to his family, our legal community
but to the whole nation.
I on behalf of myself and on behalf of members of Delhi Bar Council snare our
grief with Hon'ble Mr. Justice T. S. Thakur and his younger brother D. S. Thakur,
Advocate and other family members and pay our heart felt condolences and
homage on this occasion.
TRIBUTE TO LATE HON'BLE SH. D.O.
THAKUR DELHI HIGH COURT FULL
COURT REFERENCE - 2 nd MARCH, 2007
1I0n'ble Chief Justice Dr. M.K. Sharma, Hon'ble Mr. Justice
T.S. Thakur, Hon'ble Judges, Mr. P.P. Malhotra, Additional
Solicitor General of India, Mr. Ramesh Gupta, Chairman,
Bar Counsel of Delhi, Mr. A.S. Chandhiok, President, Qelhi
II igh Court Bar Association, Standing Counsels for Govt. of
India, Office Bearers of Delhi High Court Bar Association
and other bar Associations, respected senior members of the
Bar, respected relatives of Late Shri D.D. Thakur, my
colleagues at the Bar, Ladies and Gentlemen:
Late Shri D.O. Thakur, fondly called, '"Thakur Sahib" - was
a brilliant Advocate, an eminent Judge, a legal luminary, a
jurist, an able and honest administrator, a former Governor·
"', and Deputy Chief Minister of J & K. There was practically

\..
nothing which Thakur Sahib did not handle.
Thakur Sahib was well known for his knowledge of law. lie
was a finest legal mind with sharp intellect. It was indeed a
great pleasure to hear him but I had very few occasions to
appear against him before this 'Hon'ble Court. He was
extremely decent and warm to the opposite Counsels.
Thakur Sahib was an able and competent administratqr too.

;."
He was the main architect in shaping the polices of the J & K
Government at that time.
am reminded of a small poem of - Josiah Gilbert Holland
God, give us men!
God, give us men! A time like this demands,

Strong minds, great hearts,
true rai th and ready hands.
Men whom the lust of office does not kill,
Men whom the spoils of office cannot buy,
Men who possess opinions and a will,
Men who have honour, men who will not lie.
Men who can stand before a demagogue

And damn his treacherous
flatteries without winking!
Ta II men, s un-crowned, who live above the fog
In public duty and in private thinking.
For while the rabble, with their thumb-worn creeds,

Their large professions and their little deeds,.
Min g lei n s e I fi s h s t ri fe. L o! F r e e d 0 m wee p s. . .. "
Wrong rules the land and waiting Justice sleeps.
Thakur Sahib possessed all the qualities wished by Gilbert.
Thakur Sahib was a real Karam Yogi. He did all jobs
ass i g ned by the A I mig h t y wit h g rea t per fe c t ion. II i s de a t h
has caused great loss to the nation. By his works and deeds.
he set the highest standard of ethics and conduct. His demis.e
has caused a void which is difficult to fill. He will continue
to serve as a ro Ie model and he wi II live in our memori es for
years to come.
\" On behalf of Govt. of NCT, and my colleagues, I pay my
tribute to the departed soul and pray that his soul may rest in
eternal peace. The remembrance of his good work would
always guide us.
J.R. MIDHA
ADVOCATE
STANDING COUNSEL
GOVT. OF NCT OF DELIII
.....
FULL COURT REFERENCE ON THE SAD DEMISE
OF SH. D.O. THAKUR, SENIOR ADVOCATE,
SUPREME COURT.
Hon'ble Judges of Delhi High Court,

Mr.p.p.Malhotra, learned Additional solicitor
General of Indi a, Mr. A. S. Chandhi ok, Pres i dent of
the Delhi High court Bar Association,
Mr.J.p.sengh, vice President and other office
bearers of the Delhi High court Bar Associati~n,
Mr.Ramesh Gupta, chairman, Bar Council of Delhi,

Mr.J.R.Midha, Standing counsel for the Government
of NCT of Del hi, 1earned Members of the Bar,
members of the bereaved family, especially
Hon'ble Mr.Justice T.S.Thakur, who lS a Member of
the Bench, Ladies and Gentlemen.
We have assembled here today to mou rn

the sad demise of Sh.D.D.Thakur, a statesman as
also a senior Advocate, who breathed his last on
3rd February, 2007.
La te sh. D. D. Thaku r 's 1 i fe 1s a saga .of

cou rage and forti tude. His life lS a classic
example as to how one can with courage and
Page 1 of6
. ,,'
determination convert hardship into challenges
and emerge vi ctori ous. Hi s book "My Life and
years in Kashmir politics" lucidly enumerat~s the
hardshi ps .he faced and how he met them.
sh . Thaku r from a vi 11 age situated deep into the
•
Himalayas rose to become one of the topmost legal
1 umi nari es and a statesman respected by one' and
all.
At the young age of 11 years, Sh.Thakur
had to 1 eave hi s parents as the vi 11 age school
offered education only upto the 5th primary class.
There was then no 1ooki ng back ti 11 he fi ni shed
law from Lucknow university.
He was a witness to the tribal attack on,
Kashmi r and the resi stance whi ch the peopl e of
Kashmi r offered to that attack. He came under
the i nfl uence of soci ali st 1 eaders of the· t.,i me
1 i ke Jai prakash Narayan, Ram Manohar Lohi a and
Acharya Narender Dev while he was studying Law in
the Lucknow university. Sh.Thakur was drawn into
public life shortly after he set up practice at
Ramban in the year 1954. Soci ali st 1 eaders 1 i ke
Jai Prakash Narayan and Ram Manohar Lohi a whom
h~ met had a great influence in his life. He
shifted to Jammu in the year 1959 where he picked
Page 2 of6
~p a large practice ln a short span of 15 years
or so and was counted amongst the best.
Sh.Thakur was elevated as a Judge of the
High court of Jammu & Kashmir in the year 1973 at
the young age of 43 years. His book describes a
number of anecdotes about hi s tenu re as a Judge
and how he was persuaded by no less a person than
1ate Shei kh Mohd. Abdull ah to qui t hi s long and
promlslng career ln the judiciary to ]Oln his
cabinet as one of the three ministers
representi ng the three reglons of the Stat'e" and
held more than a dozen important portfolios
including Law and Finance. Dynamic and supremely
self confident, Sh.Thakur was responsible for a
large number of reformatory measures in the State
Government. These measures included the
abolition of dea7er raj and permit raj.
sh . Thaku r played a vi ta 1 role in'" the
slgnlng of the Kashmir Accord. He was seen as a
bridge between the Central Government and Sheikh
Mohd.Abdullah keeping the secessionist and
di vi si ve forces in that State subdued. In the
year 1982, after the demise of Sheikh Abdullah,
Sh.Thakur shifted to Delhi to start his law
practi ce in the Supreme Cou rt and in the Hi gh
Page 3 of6
court of Delhi. He appeared in a large number of
important matters whi ch were argued by hi m wi th
commendable ability. TwO years 1 ater, he was
agai n drawn back to Kashmi r to serve that st.a~e
as its Deputy Chief Minister. He retu rned to

Delhi to resume practice in the year 1986 after
that State was placed under President's Rule and
remai ned a much sought after seni or counsel of
this Court and the supreme Court. The Law
Reports bear testi mony to the contri buti on made
by Sh.Thakur to the development of law.
On account of hi s vari ed admi ni strati ve

expen ence and outstandi ng abi 1 i ty, he was
appointed as the Governor of Assam and the
nei ghbou ri ng State of Arunachal pradesh in the
year 1990 which position he held with commendable
aplomb. During his tenure, the State of Assam
was placed under president's Rule and an army
operati on code named 'Baj rang' 1 aunched to meet
the challenge of the secessionist forces ln that
State. Duri ng hi s tenure as Chai rman of North'
Eastern Counci 1, the counc.i 1 was made functi onal
and decisions of far reaching importance for the
North Eastern Region were taken. On account'of
Page 4 of6
hi s fi erce independence as regards the approach
to be adopted while dealing with the ULFA problem
and the difference ln perceptions of those
problems with the then Government headed by
sh.chandrashekar, sh. Thakur quit as the Governor
of Assam to return to law practice in Delhi.
sh.Thakur believed that richness of life
di d not depend on what ri ches you had gathered
but how much variety you had brought to your life
in terms of the roles you have played and the
contribution you have made. sh . Thaku r by that
standard, lived a very rich and full life.
Hi s role as a Judge of the Hi gh cou rt,
as a Member of the State Legislature for 12
years, as a Minister in successive governments,
as Governor of two States in the North East and
"
~ as a leading Senior Advocate of the Supreme court

and thi s Cou rt has placed sh. Thaku r ina un.i que
position that has been widely acknowledged and
recognized. His prolonged illness, which he
fought wi th tremendous wi 11 power, fi na 11 y took
the better of him on 3rd February, 2007 at
chandigarh where he was shifted for treatment.
with his death, the legal fraternity
has lost a stalwart, a fatherly figure of the
Page 5 of6
· .
(;~
society, a generous~kind hearted man by the
public at large. Sh.Thakur 1S survived by his
wife Mrs.Saraswati Thakur, five daughters and two
sons including Hon'b1e'Mr.Justice T.S.Thakur.
We send our heartfelt condolences to the
members of the bereaved family and pray that the
Almighty bestow upon them the strength to bear
this irretrievable loss.
May I request you all to pay homage by.
standing in silence for two minutes in the memory
'~ of late Sh.D.D.Thakur.
-,~
(Mukundakam Sharma)
Chief Justice
(The Hon'b1e Judges will take their respective

seats for a moment after the silence, and it will
be announced by Hon'b1e the Chief Justice as
under)
"AS a mark of respect to the departed'

soul, the court is adjourned for the
rest of the day".
Page 6 of6
'.
\"
,.
My Lord the Chief Justice of High Court of Delhi, Hon'ble Dr. Mr.
Justice M . K. Sharma and his Hon'ble Companion Judges, retired Judges,
Mr. A. S. Chandiok, President of Delhi High Court Bar Association, Mr.
Ramesh Gupta, Chainnan, Bar Council of Delhi, Ms. Mukta Gupta,
Standing Counsel for Delhi Administration (Criminal side), Mr. J. R. Midha,
Standing Counsel for Delhi Administration (Civil side), Counsels for the
Central Government, State Government and Counsels for various public
authorities, and statutory corporations, my esteemed colleagues at the Bar,
relations and family members of late Shri P. K. Jain, Ladies and Gentleman.
2. Late Justice P. K. Jain was born in Village Tusham near Bhiwani,

Haryana. He had his schooling from DV High School, Tusham and his law
from Law College, Jallandar, in May, 1957. Soon after from July, 1958 he
started practice. He practiced for about six years in District Courts. He was a
bright and illustrious lawyer and was selected in the judiciary as a PCS and
joined the same in December, 1964 in the erstwhile State of Punjab. In May,
1965 he was transferred to Delhi where he worked in all branches of law. He
was a guardian judge, a Chief Metropolitan Magistrate, Additional District
and Sessions Judge and became District and Sessions Judge from March,
1991 to October, 1994 and his Lordship was elevated as a Judge of the Delhi
High Court in November, 1994. He was transferred to Punjab and Haryana
High Court, Chandigarh in January, 1995 and retired on 25 th of February,
1998.
•
·3. ' He was a calm, serene and soft-spoken Judge. It had been a great
II'
pleasure for appearing before him. 1 had the opportunity and pleasure of
appearing before him when he was sub-Judge, Chief Metropolitan
Magistrate and as a Judge of the High Court. Appearing before him was
always a pleasure. He had no airs about him and was very accommodative to
the Bar. He was a friend of the Bar. He was a patient listener and no lawyer
ever felt uneasiness in appearing before him.
4. He had written a book on Narcotic Drugs and Psychotropic

Substances Act, in 1985, a very complicated Act with technicalities and after
his retirement his Lordship was reviewing the book. He was currently on the
panel of Arbitrators of the Indian Council of Arbitration, FlCCl, National
Stock Exchange of India and was a well sought after Arbitrator.
5. He had suffered some health problems. In 1992-93 he had an open-

heart surgery. Unfortunately, he died on 25 th February, 2007. Even about one
month before his death he had a heart attack. He is survived by his widow,
namely, Mrs. Brij Bala Jain, three daughters and a son. His eldest daughter
Mrs. Meenakshi Garg is a Ph.D and settled in Canada. His second daughter
Mrs. Madhavi Jain is an Architect but a housewife. His third daughter Mrs.
Munisha Aggarwal is a Doctor in GB Pant Hospital, Delhi. His son Prashant
is a Software Consultant.
6. 1 share this grief with Mrs. Brij Bala Jain his widow and three
daughters, namely, Mrs. Meenakshi Garg, Mrs. Madhavi Jain, Mrs.
Munisha Aggarwal and Mr. Prashant Jain and other relations who have been
aggrieved. May his soul rest in peace and may God give the bereaved
,family, strength to bear this loss. I request Hon 'ble the Chief Justice of Delhi
1
High Court to convey his heartfelt condolences to the bereaved family.
(P. P. Malhotra)
Dated: 15th March, 2007.

TRIBUTE TO LATE JUSTICE P.K. JAIN
MY LORD THE CHIEF JUSTICE, YOUR LORDSHIPS, MR.

P.P. MALHOTRA - ADDITIONAL SOLICITOR GENERAL
OF INDIA, MR. RAMESH GUPTA - CHAIRMAN, BAR
COUCIL OF DELHI, STANDING COUNSEL FOR GOVf. OF
INDIA AND THE GOVf OF NATIONAL CAPITAL
TERRITORY, OFFICE BEARERS OF DELHI HIGH COURT
BAR ASSOCIATION AND OTHER BAR ASSOCIATIONS,
COLLEAGUES AT THE BAR, RESPECTED MRS. JAIN AND
OTHER MEMBERS OF THE BEREAVED FAMILY, LADIES
AND GENTLEMEN:
We were here on the second of this month to pay homage to a

departed senior member of the Bar and a legend in law.
Within less than a fortnight, we have again assembled here,
in a Full Court Reference, to condole the sad demise of
Justice P.K. Jain, a senior member of the legal fraternity,
who was also a Judge of this Hon'ble Court in 1994 and
thereafter at Punjab & Haryana High Court, who left for his
heavenly abode in the early hours of 1h March.
By the time I entered the profession, Jain Saheb had
completed about thirteen years on the judicial side. If my
memory serves correct, he was the Chief Metropolitan
Magistrate of Delhi when I started my practice. Thus, from
the very beginning of my practice, I have known him. So are
many others who are here.
Justice Jain was a thorough gentleman, steeped in culture,
who understood the value of politeness and humility. He was
a comprehensive guide to beginners like me. I had appeared
before him a number of times, at the District Court, this
Hon'ble Court, and later on the Hon'ble Punjab & Haryana
High Court as well. I have nothing to recollect, of any
distasteful or bitter event, incident or moment, during my
interaction with Justice P.K. Jain or in his Court. He was
always cool, receptive and responsive. He was sympathetic
,
to the young Counsel before him, encouraging him to drive
home the point clearly and easily. Very silently he imparted
the best lessons of court room practice. As far as I
remember, no Counsel came dissatisfied or displeased at the
end of the hearing.
As an Arbitrator, he was well known for his simplicity and
sincerity. Once he is convinced of the difficulty over the
phone, he would adjourn the matter over the phone itself,
without the exercise of written application, appearance and
of course, without raising fat bills. He was flexible, yet firm.
He was greatly concerned about access to justice for all,
particularly for the less privileged. He was of the firm view
that equality as enshrined in our Constitution must be
enforced in the judicial sphere in letter and spirit. He used to
say before one could argue for the political right, one has to
be self-reliant in respect of food, shelter, education and
medial aid. Unless this is attained, aspiration to exercise
political right or freedom of choice, would not be meaningful.
Though he was not to be seen much at public ceremonies in
full throat about the lapses and lacunae of the system, he was
fully in favour of keeping the Constitution in tact, insofar as
the constitution of judiciary is concerned. Commenting on
the Executive endeavour to have a Judicial Commission, he
said any intervention in respect of the Constitutional Courts
would be against the basic fibre of the Constitution and in its
violation. He used to say enough has been said by various
Committee reports and if the suggestions for improvement
contained in them are not to be taken care of, what is the use
of thinking of improvements and amendments. He was of
the view that judiciary itself must find out ways and means to
improve its performance and it must reflect the intellectual
composition and diversity of the civil society. About Hon'ble
Judges, his view was that they should never lack wisdom,
vision and compassion. Privilege entails responsibility
according to Justice Jain. Judgment writing is a judicial
privilege. Therefore, responsibility is embedded into it. A
Judge is not free like a loose canon, to inflict indiscriminate
damage whenever he announces that he is acting in his
2
)IS. Clianti1iioft
judicial capacity. He propagated qualified, not absolute,

immunity to Judges.
Justice Jain was a known author too. His book on Narcotic
Drugs & psychotropic Substances Act, 1985 and his books for
Judicial Service Examinations are well known.
The death of Justice Jain deprives the legal fraternity of a
person who asked the right questions and was enlightened
enough to give the right answers to questions put to him. His
sincerity, simplicity, humility, learning and dedication are
worth emulating.
In Justice Jain's death, I lost an old teacher. The fraternity
lost a senior member and his family, a most dear member.
Bereavement has no equal. Nothing can repair the loss done
by it. Time will dry the tears, but mind will keep the
memories and play them. Our hearts go out to respected
Mrs. Jain and other members of the family. Our condolences
and prayers are with them. May God grant them enough
strength to bear the loss and may his soul rest in peace.
A.S. Chandhiok
President
March 15, 2007
3
OBITUIRY REFERENCE SPEECH BY RAMESH GUPTA, CHAIRMAN - BAR
COUNCIL OF DELHI DELIVERED ON 15th MARCH, 2007.
My Lord Dr. Justice M. K. Sharma Chief Justice of Delhi High Court and His
Companion Judges.
Mr. A. S. Chandiok, President of Delhi High Court Bar Association
Mr. P. P. Malhotra, Additional Solicitor General of India.
Mr. J. R. Midha, Standing Counsel (Civil) NCT of Delhi
Mrs. Mukta Gupta, Standing Counsel (Criminal) NCT of Delhi
Members of Bar Council of Delhi
Office Bearers of various Bar Associations
Former Judges of this Court
Hon'ble members of the Bench and Bar.
Ladies & Gentlemen
Born on 25 th of February 1936, Justice P.K. Jain was a practicing lawyer for a
brief period between 1958 to 1964 at Hissar Haryana when he joined the
prestigious Public Civil Service of the erstwhile Punjab and became a sub-Judge
on 26.12.1964. Soon destiny got him absorbed to Delhi Judicial Service in 1965
where he served in various capacities as Sub Judge. Judge small cause,
Insolvency Judge, Guardianship Judge, Additional Senior Sub Judge and was
eventually made Chief Metropolitan Magistrate ,of Delhi in the year 1977 and had
the distinction of handling numerous sensitive and important cases with great
efficiency and competence.
Before joining as Chief Legal Advisor of D.D.A. where he served for three years
between 1981 to 1884, Justice P K Jain worked as additional Sessions Judge
between 1980 to 1981, and again worked as ADJ between 1985 to 1987 when
he was made Secretary to JJ N.N. Goswami and D.P. wadhwa committee of
Inquiry till 1990.
In 1990 Justice P K Jain became the District and Sessions Jlo!dge of Delhi and
was elevated as an additional Judge to this Hor!'ble Court on 10.11.1994. Justice
Jain was soon transferred to Punjab and Haryana High court on 09.01.1995.
~ .'
After retirement Justice Jain was working in the panel of Arbitrators in Indian
Council of Arbitration, FICCI and National Stock Exchange
The loss of Justice Jain is loss for our entire fraternity especially as he was a
guiding force for many aspirants to the Judicial Service as he has written books
for Judicial Service examinations for the state of Delhi, Punjab, Haryana and
Himachal Pradesh.
"'Justice Jain in his inimitable articulate style has written a compact and handy
commentary on Narcotic Drugs and Psychotropic Substances Act with great
efforts so that the same can be understood by one and all. His unusual way of
writing and his eloquent style justifies and serves the purpose of said
commentary for the Bench, the Bar and the Prosecution. This work has been
included in the centralised cataloguing programme at the library of Congress in
Washington.
/
I quote Justice D. P. Wadhwa, who said "Justice Jain in this work has enunciated
the law on the subject of an extremely lucid Manner. A great deal of effort has
obviously been put in by Justice Jain in bringing out such a book. The law on
the subject has been analysed in a manner which is easily, understood and
grasped. Only an author with an analytical mil')d could have brought out such a
commentary."
Justice Jain is survived by his wife, three married daughters and one son all of
whom have inherited great virtues of their father two of whom are working as
Doctor and Architect at Delhi and the other daughter is a professor in Toronto,
Canada whereas the son is also a qualified M Tech and MBA.
Justice Jain was very humble in approach and modest in attitude in not only
holding the court but in his personal life as well.
Justice Jain's departure is a great loss not only to his family, our legal community
but to both bench and the bar.
I on behalf of myself and on behalf of members of Delhi Bar Council share our
grief with family members of Justice Jain and pay our heart felt condolences and
homage on this occasion.
Hon'ble the Chief Justice, Hon'ble Judges of the Delhi High

Court, Chairman, Bar Council of Delhi, Addl. Solicitor General,
President, Delhi High Court Bar Association and esteemed friends.
The death of Mr. Justice P.KJain on 7.3.07 caused a gloom
on the legal fraternity including those who have entered and are
desiring to enter the judicial services. In the entire Northern India
he was the only author of books on judicial services examination
which have helped and are helping the many youngsters to clear the
examination. He was a man who truly ruled people's hearts by
reasons of his humane and helpful nature and outstanding qualities
of head and heart. Justice Jain had a brilliant academic record and
after completing his law he practised as an advocate for almost six
years before joining the Punjab Civil Services on 26.12.1964. After
transfer to Delhi in May 1965 he held the various judicial posts
including Judge Small Cause, Insolvency Judge, Guardian Judge,
Chief Metropolitan Magistrate and District and Sessions Judge where
from he was elevated as Judge of this High Court in November, 1994
and was thereafter transferred as a Judge to Punjab & Haryana
High Court, Chandigarh in January 1995 where from he retired on
25.2.98. Justice P.K. Jain was a friend of all and was always ready
to help the members of the Bar. Sh. Jain's legal acumen was
recognized and he was well assigned the work of chief legal adviser
to the Delhi Devlopment Authority and also as Secretary to Justice
N.N. Goswami and Justice D.P. Whadwa Committee of Inquiry.
Soft spoken, docile, as he was, he would conduct his work
meticulously with complete calm and composure. Beside law Sh.
Jain acquired proficiency in Punjabi language as well. He authored
many a books including commentaries of Narcotics Drugs and
Psychotropic Substance Act 1985. Work is worship was his motto
and even after his retirement he continued functioning as an
arbitrator for a number of institutions and beside being on the panel
\
//~ro)
~.
~~."_ ...__ ...........,.....~,.,...,~.;.,,,r
of Indian Council of Arbitration. He was also on the panel of FICCI

and National Stock Exchange of India Limited. A soft spoken
person he endeared himself to one and all by his amiable nature.
His clear vision enabled him to handle issues involved in the
matters which came before him and he decided even complicated
issues with commendable understanding to the satisfaction of
contesting party. He worked with complete devotion and adhered
to the principle of administring justice fairly and fearlessly. The legal
fraternity will always remember him as a good human being, a pious
soul and a humble man, down to earth.
I pray to the almighty that his soul may rest in peace and
god give the bereaved family the strength to bear this loss.
Govt. of Ncr of Delhi, on behalf of my colleagues representing
(MUKTA GUPTA)
GOVT. OF N.C.T. OF DELHI.
l~h March, 2007
.
'

LATE JUSTICE P.K. JAIN, FORMER JUDGE OF THIS
COURT AND ALSO OF PUNJAB & HARYANA HIGH
COURT.
Hon'ble Judges of Delhi High Court, Mr. P.P. Malhotra,
learned Additional Solicitor General of India, Mr. A.S. Chandhiok,
President of the Delhi High Court Bar Association, Mr. J.P. Sengh,
Vice President and other office bearers of the Delhi High Court Bar
Association, Mr. Ramesh Gupta, Chairman, Bar Council of Delhi,
Ms. Mukta Gupta, Standing Counsel (Criminal) for the Government
of NCT of Delhi, learned Members of the Bar, members of the
bereaved family, ladies and Gentlemen.
We have assembled here today to mourn the sad
-- demise of Justice P. K. Jain, a former Judge of this Court as also of
Punjab & Haryana High Court, who breathed his last on ih March,
2007. Late Justice P.K. Jain was born on 25th February, 1936. He
started his legal career by joining the Bar in 1958 and practiced till
1964 when he joined Punjab Civil Services (Judicial) in December
1964. He was transferred to Delhi in 1965 and had an illustrious
tenure as Judicial Officer in various capacities till 1994 when he was

-2-
elevated as a Judge of this Court.
Soon after I joined this Court, Shri Justice P.K. Jain
stood transferred to Punjab & Haryana High Court. Whatever little
association I had with him as a brother JUdge,'; foun~jhi~i;~'~;'~n

amiable person, sensitive to the social & legal issues. As a Judge,
"'.
"'.
he was patient and polite in his disposition, but firm in his Judgment.
He not only was a perfect Judge but an impeccable human being
bestowed with all the qualities of mind and heart. He served the
JI
cause of Justice with full zeal and commitment. He also contributed
to the growth and development of discipline of Law. He was a man
of letters and authored books on various branches of Law. The text

-
(
book written by him on NDPS Act is used as a reference book by
Judges and Lawyers.
Though Justice P.K. Jain retired in February, 1998, he is
still fondly remembered for his humane qualities equally by Bench
and Bar as also the Members of Subordinate Judiciary who were
privileged to work with him. With the demise of Sh. Jain the legal
fraternity has lost a stalwart. His life will remain a source of

I
-3-
inspiration to budding legal careers.
Sh. Jain is survived by his wife Mrs. Brij Bala Jain, a son
tt:YG-e...
and tyJo daughters.
We send our heartfelt condolences to the members of
the bereaved family and pray that the Almighty bestow upon them
the strength to bear this irreparable loss.
May I request you all to pay homage by standing in
silence for two minutes in the memory of late Justice P.K. Jain.
(Mukundakam Sharma)
Chief Justice
(The Hon'ble Judges will take their respective seats for a moment
after the silence, and it will be announced by Hon'ble the Chief
- Justice as under)

Court is adjourned for the rest of the day"
~vly Lords, Hon'ble Chief Justice of High Court of Delhi, Mr.
Justice M.K. Sharma and his Hon'ble Companion Judges, Mr. A.S.
Chandiok, President of Delhi High Court Bar Association, Central
Government Standing Counsels, Ms. Mukta Gupta, Standing Counsel
for Delhi Administration, Mr. J.R. Midha, Standing Counsel for Delhi
Administration and counsels for various other bodies and statutory
authorities, members of the Bar and my esteemed colleagues, Ms.
Ruby Anand, Retel Anand and Atu\ Anand.
Mr. Justice HL Anand (Retd) was born on 10th March, 1924 in

Rawalpindi (Pakistan). He did his Law from Delhi University and
enrolled himself as a Pleader in the year 1948 at Delhi. In 1952 he
was enrolied as an Advocate and in 1959 as an Advocate of the
Hon'ble Supreme Court in 1959. He had a roaring practice. He had
joined Mr. Vidyasagar a budding Barrister and Mr. Be Das Gupta, a
young solicitor and floated a partnership firm MIs. Anand, Sagar and
Dasgupta, Advocates a firm which was a training ground of many of
our leading Advocates including Mr. V.N. Kaura, Mr. J.S. Arora, Mr.
'::'"
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vlll~II, vi. UV'ocate , I"\11-
C'_ A..J· I. A~h~k
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UI U C'r. A..Jvo~a"'e
,v U '"' l , ""r
IVI. HI. L .
Tikku, 51. Advocate, Mr. Giidhar Govind, Advocate and Mr. Justice
JK Mehra, retired Judge of this Hon'ble Court and Hon'ble Mr.
Justice Vikramjit Sen.
He was elevated as a judge of this Hon'ble Court in 1972. He

acc,:::."",4-"""'
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"declined. He retired as a judge of this Hon'ble Court in 1986. He was
an excellent judge not petty minded. When both the counsels wanted
an adjournment even his Court Master could give it. Appearing before
him was a great pleasure.
He was one person who was liked by one and all and he
maintained his loving and cool nature even after he was alleviated as
a Judge of this Court. He had no egos. He was well known for his
excellent behaviour, honesty, integrity, gracious, dignified and sober
approach towards not only the members of the Bar but also even
towards the litigant public. He excelled both as a lawyer and as a
judge. His approach was par excellence be it a criminal matter;
company matter; civil matter or any other matter.
He always kept cool temperament and was full of grace,

sophistication and dignity. He had unparalleled integrity. He was a
source of inspiration to the younger lawyers and colleagues. After
retirement he was a most sought after Arbitrator or Umpire.
He would always give new ideas to the case which would come
before him. I remember, in Bail matters, he started the idea of giving
reasonable compensation to the family of the victim as a condition for
grant of bail.
I can clearly say that he was an ideal man, an ideal judge, an

ideal personality and I feel if we imbibe even 50 per cent. of his
qualities and ideals, it will be the biggest homage to him.
@j
I share the grief of Ms. Ruby Anand, Retel and Atul Anand and
other relations of his family and the Members of the legal fraternity
who have been all grieved. May his soul rest is peace and may God
give all of us strength to bear this loss.
I request the Hon'ble Chief Justice of the Delhi High Court to

convey our heartfelt condolences to the bereaved family and may his
soul rest in peace.
( P. P.Malhotra )
Dated: 01-10-2007.
J
...
TIBUTE TO LATE MR. JUSTICE H.L. ANAND

FULL COURT REFERENCE: OCTOBER 1, 2007
MY LORD THE HON'BLE CHIEF JUSTICE, YOUR

LORDSHIPS, MR. JUSTICE AB. SAHARYA, MR. P.P.
MALHOTRA - ADDITIONAL SOLICITOR GENERAL OF
INDIA, MR. RAMESH GUPTA, STANDING COUNSEL
FOR GOVT. OF INDIA AND THE GOVT OF NATIONAL
CAPITAL TERRITORY, OFFICE BEARERS OF DELHI
HIGH COURT BAR ASSOCIATION AND OTHER BAR
ASSOCIATIONS, RESPECTED SENIOR MEMBERS OF
THE BAR, MY COLLEAGUES AT THE BAR, RELATIVES
OF JUSTICE H.L. ANAND, LADIES AND GENTLEMEN:
It is said that death opens many unknown doors. Mr. Justice

Harbans Lal Anand, who adorned the Bench of this Hon'ble Court
for about fourteen years from 1972 to 1986, walked away through
one of such doors exactly a week ago. The learned octogenarian
Judge was respected and loved a lot, when he was an advocate, judge
and a retired judge. And now, we are here, to remember him and
pay homage.
Justice Anand, who must have seen a thousand full moons and
practiced law and dispensed justice during various stages of the
growth of Indian democracy, must have left with the satisfaction that
he lived a full life, but might not have been so happy with what has
been happening to our judicial system of late. Let us pray for peace
to his soul and strength to his children to bear the loss. Justice
Anand's daughter, who is a lawyer, and two sons are amongst us and
our hearts go out to them.
I have a lot to remember about Justice Anand. It was almost the

same time that I entered the practice and Anand Saheb was
appointed a Judge of this Hon'ble Court. And I have only pleasant
memories about Anand Saheb. One that is quite alive in my memory
is that in one case, the petitioner was appearing himself to argue his
case. Realising that he had no lawyer, Justice Anand asked him
ftmatjit Singli Cliarufliiot
whether he needs one, to which the petitioner politely nodded

against. Mr. A.B. Saharya (who later became a Judge and the Chief
Justice of another High Court) was there appearing as Standing
Counsel for the Government. Justice Anand, realizing the plight of
the petitioner that he would be nowhere near a counsel in presenting
his matter clearly, asked Mr. Saharya (as his Lordship then was) to
first present the matter of the petitioner. Mr. Saharya did so and
Justice Anand asked the petitioner if he had anything further to add,
to which the answer was no. Mr. Saharya then argued the case for
the Government. When it came to the judgment, it went in favour of
the petitioner. It was a magnanimous moment and I, like many
others in the Court Room, saluted the judge silently for his sense of
justice, fairness and compassion. He was passionate to do justice
and his compassion was a rightful part of it.
When his queries were cleared by counsel during the course of

arguments, he appreciated the same with a smile and if that was
from a young counsel, the smile would be bigger with an
encouraging pat. I can affirm that I had been fortunate to get the
same from him, more than once. Apart from being an astute lawyer
and a learned Judge, the spirit of learning always soared high in him.
Each appearance before him would add to one's knowledge and
experience. A conversation with him was a refreshing experience.
None of his actions were ever construed biased or prejudiced. He
was keen to have efficient environmental laws and was involved in
that even after his retirement. He was brilliant, decisive, resourceful,
and calm under pressure. He was strict, but always fair.
Justice Anand was in favour of judicial accountability. He believed

that authority without responsibility and accountability is not
desirable in a democratic set up. It would be no less than a tribute to
Justice Anand to remember now that his Lordship, though ardent in
upholding freedom of expression and speech, was of the firm view
that the media should not say more than what the court has actually
expressed in its judgments.
It seems that the legal community began to forget that the rule of law
is too important to be the sole concern of judges and lawyers. The
citizen is vitally affected by it. The citizen also is becoming oblivious
of his duties and while criticizing the judiciary, is blind to the fact
that criticism of the legal system should be relevant to that system.
Justice Black had long ago expressed the view that it is not a far step
2
jlmarjit Sing6 Cliarufftio{
from the earnest, honest, patriotic, kind-spirited multitude of today

to the fanatical, threatening, lawless mob of tomorrow. The crowd
that press in the streets for noble causes today can be supplanted
tomorrow by street mobs pressurizing courts for precisely opposite
ends.
What is really happening now in the realm of justice? It seems that

the media trial is taking precedence over judicial trial. If a judge
makes a mistake or commits a crime, there are ways to bring him to
book. It is the fashion of the day that the judiciary and its contempt
power should be attacked from all sides. One should not miss any
opportunity to do so, even if reason and modesty prohibit that.
Judiciary cannot be compared with any other office. It has a distinct
duty, and that duty is dispensing justice and that has to have a
special identity and power. To make what is just strong and strong
just, judicial control is essential. And therefore, it has to be strong.
Among proper ends of government, justice has to be given high
priority at all times. If that is violated, we would be writing
obituaries of democratic principles soon. Now the trend is that
judgments or proceedings have become open to reportage the way
the media likes. Lack of accountability has paved way for drawing
flak in its worst form, when the judiciary makes the slightest
mistake. Judiciary has to be kept under the roving eye of the
judiciary itself, to make it accountable. This has to happen honestly
and efficiently. And of course, our Judges must always be men of
integrity and high caliber and above suspicion. The higher judiciary
in this country is one of the finest institutions that we have and if
iniquity is making inroads into it, we should not lose time to install
safety measures.
It would be worthwhile to quote a line that has appeared recently in

the press. It says "the higher judiciary, the Supreme Court in
particular, doesn't uphold the law, it micromanages our lives." To
say more about this, the occasion is not fit. However, it must ring
not only in our ears, but deep in our heart that what has really
happened? Why·has it happened? Are we supposed to be so lowered
in our esteem?
Noone in public life can neglect the human longing for justice. It is
this longing that is being subjected, subverted and taken advantage
of by those who are clever. As we live in a democracy, we cannot
attempt a solution which may be inconsistent with its principles and
3
.ftmarjit Singli Cliantfliiot
practices either. Wanton criticism of the judiciary cannot be allowed

and the Bar and the Bench should join hands to counter the same
effectively and positively.
Sometimes, I feel that we are so hypocritical that when it is the death

of an Hon'ble Judge or a senior colleague, we do not hesitate to voice
that the day should be declared a mourning day for the Court and no
work should take place as a mark of respect to the departed soul.
However, at the cremation site or amongst those who filed past the
body, we are there not even for name's sake!
We have lost a father figure in the demise of Justice Anand. He was

a rare Judge, similar to whom we may perhaps see never. We may
never see such brilliant expositions on the meanings of bail and the
term 'prima facie'. His contribution to the administration of justice
shall never fade.
In the end again, on behalf of the Bar Association and from my side,
I pay respectful homage to a departed noble soul. May his soul rest
in peace and may God grant enough strength to the bereaved family
to bear the loss.
Thank you.
A.S. Chandhiok
President
October 1,2007.
4
SPEECH OF HON'BLE THE CHIEF JUSTICE IN FULL COURT
REFERENCE ON THE SAD DEMISE OF JUSTICE H. L. ANAND,
FORMER JUDGE OF THIS COURT
My esteemed colleagues and Hon'ble Judges of Delhi High Court,
Mr. P. P. Malhotra, learned Additional Solicitor General of India, Mr. A.
S. Chandhiok, President of the Delhi High Court Bar Association, Mr. J.
P. Sengh, Vice President and other office bearers of the Delhi High
Court Bar Association, the learned Members of the Bar, Members of
the bereaved family, Ladies and Gentlemen.
We have assembled here today to mourn the sad demise of
'- Justice H. L. Anand, a former Judge of this Court, who breathed his last
on 24 th September, 2007.
Justice H. L. Anand was born on 10 th March, 1924 and took his
education at the University of Delhi and Punjab. He enrolled himself
as a pleader in the year 1948, and as an Advocate of the High Court in
the year 1952 and later started practicing in the Supreme Court of
India in the year 1959. He was elevated as a Judge of this Court on 1st
September, 1972. Justice Anand on attaining the age of
superannuation relinquished the office as a Judge of this Court on 9 th
March 1986.
0])
Though I did not have an opportunity to work with Justice
Anand but I am told that he was one of the most outstanding Judges
who adorned the Bench of this Court. His uprightness hardly needs
any mention as it is a universally accepted factor. He had many
landmark judgments to his credit and his contribution towards the
cause of justice shall always be remembered. He was liked by one and
all because of his pleasant behaviour. His devotion to duty will
forever remain a sterling example to the legal fraternity.
Death is an ultimate and inevitable end to the worldly pleasures
'-
I'
I
and agonies. But the intellectual vibrations of a personality always
echo around us and we often find its glimpses in our walk of life. We
always try to draw inspiration from the life of such persons. With the
demise of Justice Anand the legal fraternity has lost a stalwart and it
will be difficult to fill the vacuum created by his death.
Justice Anand is survived by two sons and a daughter who is a
practicing advocate of this Court.
We send our heartfelt condolences to the members of the
bereaved family and pray to God to give them strength to bear the
loss. May Almighty bestow peace to the departed soul.

...
My Lords, Hon'ble Chief Justice of High Court of Delhi, Mr. Justice M.K.
Sharma and his Hon'ble Companion Judges, Mr. A.5. Chandiok, President of
Delhi High Court Bar Association, Central Government Standing Counsels, Ms.
Mukta Gupta, Standing Counsel for Delhi Administration [Criminal], Mr. J.R.
Midha, Standing Counsel for Delhi Administration [Civil] and counsels for
various other bodies and statutory authorities and my esteemed colleagues,
sister Kamla Ji, Dear Abhishek Singhvi, and Smt. Abhilasha Lalbhai, Ladies and
Gentlemen.
2. Late Dr. L. M Singhvi was born in Jodhpur in 1931 and was educated at
and associated with and honoured by different universities. In India
(Rajasthan, Allahabad, Calcutta, Delhi, Osmania, Andhra, Tamil and Jabalpur
Universities), USA, (Harvard, Cornell and Berkeley) and in UK (Cambridge,
Oxford, Hull London, Ediburgh, De Montford, North London, Westmin ister,
Buckingham and several other universities). After completing his law he came
into the profession and became the Advocate General for the State of
Rajasthan in 1972 and remained the Advocate General for a period of 5 years
i.e., upto 1977.
3. He was a doyen of the Indian Bar, leading Constitutional expert, a gifted

speaker, a distinguished jurist and a great Parliamentarian, He left a long trail
of achievements in diverse fields. He was unparalleled in all fields be it art of
advocacy, diplomacy, poetry, writing and human relationship,
parliamentarianship. He had excelled in all fields. He was an angel and above
all he was a real man of God. He was always polite and gentle. He was a really
noble person. The words cannot describe his intelligence, integrity, brilliance,
understanding and human approach. He was a well-know writer and author, a
legal luminary and expert recognized all over the world. He was associated
with a number of institutions and initiatives, he was a gifted speaker, scholar
and diplomat. He was a Member of the third Lok Sabha between 1962 to 1967
and was elected to the Rajya Sabha in 1999.
4. I personally knew Dr. Singhvi from the year 1977 onwards. It was a
great pleasure and experience when I briefed him. He was very clear on the
positive and negative aspects of the case. I had been in constant touch with
him. I had the privilege of enjoying his Rajasthani Hospitality number of times.
5. As early as 1956, Dr. Singhvi attended the International Legal Science

Conference under the auspices of UNESCO in Barcelona, Spain, as one of the
four Indian delegates. That delegation was led by Hon'ble Mr. Justice Patanjali
Sastri (formerly Chief Justice of India) and included Hon'ble Mr. Justice Vivian
Bose, a well-known judge of the Hon'ble Supreme Court and later President of
the International Commission of Jurists. During the following years Dr. Singhvi
was associated with the initial organisation of the Indian Law Institute, which
he directed and administered, in its formative phase. He also founded The
Institute of Constitutional and Parliamentary Studies, Human Rights Rectangle,
Centre for Human Rights Education and Training, Centre for the Study of Law
and Society, the Federalism Centre, the Centre for the Independence of Judges
and Lawyers, Centre for Unity of India (Rashtriya Ekta Dham) and many other
organisations.
6. Dr. Singhvi was elected as President of the Supreme Court Bar

ASSOCiation, on more occasions than any other leader of the Bar except late
Mr. M.e. Setalvad. He has been a leading Senior Advocate of the Supreme
Court of India and the Founder President of the Supreme Court Bar Association
Trust. It was he who conceived and founded law Day, which is widely
observed by the Bench and the Bar in India on November 26th each year. He
was regarded as one of the foremost constitutional experts in India.
7. Dr. Singhvi was elected Honorary Tagore Law Professor in 1973 at

Calcutta University, one of the oldest and most highly regarded Chairs in the
world in the field of Law, and was the Founder-President and Honorary Patron
of the Commonwealth Legal Education AsSOCiation, London. He had delivered
the first series of Jawaharlal Nehru Memorial Lectures on 'Secularism' in
celebration of Diamond Jubilee of the Banaras Hindu University 1975-1976
from which University along with several other universities he has received the
highest academic honours. His book Freedom on Trial has gone through
several editions. He was elected as Mahatma Gandhi Professor at Leicester
University and delivered a course of lectures on Jurisprudence of Non -
Violence. He was also invited to plant a tree to mark the opening of the New
law Library in Cambridge University.
8. From 1979-1987 he was the U.N. Special Rapporteur on the Impartiality

and Independence of the JudiCiary, Jurors and Assessors and the
Independence of Lawyers. As U.N. Special Rapporteur Dr. Singhvi has been
internationally a key figure on the issue of the independence of the judiciary
and the legal profession. His Report on the Independence of Justice and his
Draft Universal Declaration on the Independence of Justice (1987) received
worldwide acclaim in the fora of the United Nations and in the world of law. As
Chairman of the Working Group on The Independence of Justice at Varenna,
1984, he was instrumental in preparing Guidelines for the Independence of the
JudiCiary, which were adopted at Seventh U.N. Congress on Crime Prevention
"
and Treatment of Offenders at Milan (1985) and approved by the General

Assembly of the U. N. later that year. Three years earlier he had been
Chairman of the Asian Seminar on Asian Approaches to Human Rights
organised by the U.N. University and UNESCO in New Delhi.
9. Dr. Singhvi was Leader of the Indian Delegation at the UN Human Rights
Conference at Vienna in 1993. In February-March, 1998, he was the Leader of
the Indian Delegation to the biggest ever inter-governmental conference on
Culture and Development in Stockholm. Dr. Singhvi's pioneering and dedicated
work for interfaith amity has been acknowledged throughout the world in many
different ways including many major international awards.
10. Dr. Singhvi was elected to the Indian Parliament (Third Lok Sabha) as
-~ an Independent Member for 1962-1967 from the Jodhpur Parliamentary
constituency and became known as an outstanding parliamentarian who held
many prominent posts with considerable distinction. In his book, Roses in
December, Mr. M. C. Chagla ranked him as one of the five most skilful,
eloquent, persuasive and highly respected MPs in India. In 1986 Dr. Singhvi
was Chairman of the Government of India Committee on Revitalization of
Panchayati Raj Institutions and his recommendations and the draft
amendments have been incorporated into the Constitution by a Constitutional
Amendment. He crusaded for the ombudsman system in India and coined the
words "Lokpal" and "Lokayuktya" which have become a part of the legislative
vocabulary of India.
11. He was awarded Padma Bhushan in January 1988. He was elected to an

Honorary Bencher, the Master of Middle Temple, one of the Highest honours
in the gift of Judges and Lawyers in UK. In 1992 He was elected to the Rede,
Chair of Cambridge University which was founded in 1524 and was named
after Sir Robert, Lord Chief Justice of England.
12. He was a Member of UNESCO Executive Board, Chairman, Pravasi

Bharatiya Divas, 2003, Life-trustee and former President of India International
Centre.
13. I on behalf of the government of India, my colleagues, Central

Government Standing Counsels and other Government Counsels request the
Hon'ble Chief Justice of the High Court of Delhi to convey our heartfelt
condolences to the bereaved family members, Sister Kamlaji, Abhishek Singhvi
and Smt. Abhilasha Lalbhai and other relations. May his soul rest in peace and
may God give courage to all bereaved members of the family to bear this
"
L irreparable loss.
( P. P.Malhotra )
Dated: 11-10-2007
•
TRIBUTE TO LATE DR. L.M. SINGHVI
SENIOR ADVOCATE
FULL COURT REFERENCE - OCTOBER 11, 2007
MY LORD THE CHIEF JUSTICE, YOUR LORDSHIPS,

MR. P.P. MALHOTRA - ADDITIONAL SOLICITOR
GENERAL OF INDIA, MR. K.K. MANAN - CHAIRMAN,
BAR COUCIL OF DELHI, MR. J.R. MIDHA AND MS.
MUKTA GUPTA, STANDING COUNSEL FOR GOvr. OF
INDIA AND THE GOvr OF NATIONAL CAPITAL
TERRITORY, MR. J.P. SENGH AND MR. KIRTI UPPAL,
VICE PRESIDENT AND HONY. SECRETARY
RESPECTIVELY, AND OTHER OFFICE BEARERS OF
DELHI HIGH COURT BAR ASSOCIATION AND OTHER
BAR ASSOCIATIONS, RESPECTED SENIOR MEMBERS
OF THE BAR, MY COLLEAGUES AT THE BAR,
RESPECTED RELATIVES OF LATE DR. SINGHVI,
Today, we are here to pay our homage to Dr. Laxmi Mall

Singhvi, a man who lived with honour, dignity, charity and
equipoise - mental as well as spiritual. Every one has one's
alter ego, but for Dr. Singhvi, it was he who was the master
and not his ego. He has been many things in his time - a
dedicated law student who was ever questioning, an
unorthodox administrator and statesman, a learned lawyer,
an eminent jurist, parliamentarian, scholar, litterateur, etc.,
etc. I would not dare cite his career details for the sole and
simple reason that the entire time we have reserved for this
Reference would not suffice even to deal with one fourth of
that. By qualifications and positions held, Dr. Singhvi was
a king in every category. We can only sing his praise.
Dr. Singhvi's name is a byword in India's legal world.
Beyond the confines of law, he has crossed with ease into
numerous other fields. His life-work as evidenced by the
various positions he held and by his writings bears
testimony to his passionate commitment to public causes.
Generously and unsparingly he has given of himself and his
talents to the society and the nation.
@;6~--;.·,"
. r'''' "
The saying is that there are three kinds of people - the few
who make things happen, the many who watch things
happen and the great majority who live with no idea of
what is happening. Dr. Singhvi, undoubtedly, belonged to
the class of the choice few.
I have been fortunate to have known him from my days as a
baby lawyer and learnt from him not only in law, but in life
as well. Around my fifth year at the Bar, I had to advise a
foreign client on a joint venture in India and the matter
seemed too complex for me. I went to Dr. Singhvi to seek
help. He was at his dinner and amidst that, he heard me
and gave me the required advice, with a pat for having
graduated at such a young stage itself to handle a brief of
such complexity. Another incident still green in my
memory is that of my calling on him when he was India's
High Commissioner, in London. When I conveyed my
intention of meeting with him, he, somewhat in a hurry,
told me to call on the next day and fix the time. I was a bit
wondered for I could not know why he could not fix the
time that day itself. I got in touch with him the next day
and got the time fixed. When I went for the meeting at the
appointed time, he was there, all smiling and what followed
was a hearty introduction to the who's who of London. He
made the interaction a memorable one. His ability to level
with effortlessly and with human warmth, would be in the
mind of every one who had had a chance of meeting with
him.
His extraordinary legal acumen enabled him to rise to the
top of the profession. However, the spirit within Dr.
Singhvi wanted to do more than just the practice of law. He
had a passion for politics and started his active political
career early in the sixties or late fifties. Fiercely
independent as a lawyer, he was equally fierce about his
convictions in politics and statecraft. He was also a
visionary, and a man of convictions. I could not ascertain
whether he suffered any prison term for any political
reasons. Nowadays many of our elected Members are in
and out of prison, and for that matter alone in the news,
but not for any national cause and instead, for serial
murders, human trafficking, etc. etc.
2
Dr. Singhvi was a prolific writer and opined on a range of
national and international issues, religious and literary
themes. His utterances on the problems that India faces
today would be relevant for ever. He was a strong
communicator with effective means. It was he, who
influenced the Queen of England and got the lease of the
Indian High Commission premises in U.K. renewed, which
otherwise was not being done.
Another personal note I would reminisce is about his
guidance in a matter of trust and its trustees, in this very
Hon'ble Court. This happened last year. He chose me to
appear in a matter where he himself was a trustee. When I
was on my legs, he appeared, sat next to me and guided me.
In the end, the satisfactory smile he gave me was an
unforgettable appreciation from him. But nothing like my
first briefing session stands out in my memory. When he
was at his dinner, I thought I too would get an offer to
share a bite. It did not happen and instead, I was served
with a bowl of'moong dal.' I thought one day I should ask
him why he did not offer me dinner. And the question was
with me like a sweet reminder and I was waiting for a fit
moment to ask that. When I was with him, the question
either escaped my memory or the opportunity was not fit;
when the question surfaced in my mind, Singhvi Saheb was
not near. Now he has failed me and left without leaving an
iota of chance. However, I am left with a sweet
acknowledgement of the greetings I sent to him last year. It
ran "what a beautiful and thoughtful letter you wrote to me
on November 11. Many thanks. Because of my femur bone
fracture, I however, bade a temporary farewell to the
celebration my wife and son had planned on 11th November.
My warmest good wishes." The farewell, though meant
temporary, was not so. That celebration never took place.
A well known cartoonist had prepared a caricature of
Singhvi Saheb to present on that occasion. That also
remained undone and was presented for public in last
Sunday's newspaper.
We are at the cross-roads now. The judiciary, which is the
common man's only hope in his search for justice, is seen
and treated as it never ought to have been. Media is
3
;4.5. Cliantiliio{
devastatingly hungry for sensationalism. And we, the

people, are happy with not knowing and not concerned
with what is happening. We need to nurture a nation
which caters to the needs of each one of us as honourable
citizens of this country. If we are not relieved of our
historical and/or political biases and prejudices, our
downfall is more than certain. True liberalism is to rise
above these prejudices and the only way to do this is to
strengthen the foundations of society through education
and the sense and substance of equality that our
Constitution fosters. Dr. Singhvi's words from his book
'Democracy and Rule of Law,' are worth remembering here:
"The world may be in the throes of a crisis, but it is also at a
threshold of a new opportunity to resolve the crises of the
past and to create a new confidence in the future. These
hopes are based on the proposition that justice and peace
are indivisible. The time has come for us throughout the
world to work for our vision of a just and humane society.
Without such a vision, the world may perish."
Dr. Singhvi's vision would continue to guide us, his words
would continue to encourage us, his deeds would continue
to inspire us. His achievements would motivate us and
though invisible, his presence would surround us
Today, we have with us Kamlaji, Dr. Abhishek Singhvi,
Mrs. Amrita Singhvi and Ms. Abhilasha. Abshishek is
following the footsteps of his father and needs no comment
from any quarter to let know his professional competency.
Politically, he is the spokesperson of the oldest party, which
is always spoken about.
will stay on. Our condolences and prayers are with Kamla
ji, Abhishek ji Amrita ji and Abhilasha ji. May God grant
them enough strength to bear the loss and may Singhvi
Saheb's soul rest in peace.
Thank you.
A.S. Chandhiok
October 11,2007.
4
DR. L.M. SINGHVI, SENIOR ADVOCATE, SUPREME COURT
Hon'ble Judges of Delhi High Court;
Mr.P.P. Malhotra, Learned Additional Solicitor General of India;
Mr.A.S. Chandhiok, President of the Delhi High Court Bar Association; and
other office bearers of the High Court Bar Association;
Mrs. Singh vi, Dr.Abhishek Manu Singhvi, Sr.Advocate and all other
-
(' members of the family of late Dr. L.M. Singhvi;
Learned Members of the Bar including Sr.Advocates present here; and
Ladies & Gentlemen,
We have assembled here today to mourn the sad demise of Dr.L.M.
Singhvi, who passed away on 06.10.2007 after a brief period of illness. Dr.
Laxmi Mall Singhvi needs no introduction. We have all known him as a
multi-faceted personality, an eminent lawyer, jurist, human rights activist,
prolific author, statesman, linguist, litterateur and patron of art and culture,
who became a legend during his lifetime. Born on 9th November, 1931 and
after an excellent academic career, he chose law as his calling.
Dr. Singhvi was a distinguished member of the Bar who mastered the
art of advocacy and in the process developed his own eloquent and
persuasive style. He was one of the most revered Senior Advocates of the
Supreme Court of India. Dr. Singhvi was elected as the President of the
Supreme Court Bar Association on more than one occasion and he was the
founder President of the, Supreme Court Bar Association Trust.
Dr. Singhvi is acknowledged world over as a constitutional law
expert. He was associated with and consulted on drafting of the

•
Constitutions of Bangladesh, Nepal and South Africa. He advised the
United Nations Development Programme on the sustaining and
strengthening of democracy through rule of Law in the countries of the
African Continent.
Dr. Singhvi was a distinguished and highly respected Parliamentarian
endowed with skillful, eloquent and persuasive style. He was elected to the
third Lok Sabha as an independent Member for 1962 to 1967 and then as a
Member of Rajya Sabha during 1998 to 2004. As a Parliamentarian, he held
many prominent positions with distinction.
Dr. Singhvi was an expert in public and private international Law.
His excellence in the field of law and also as a jurist was recognised and he
was honoured by prominent Universities like Harvard, Berkeley, Cambridge
and Oxford. He was bestowed the honour of Honorary Law Professor in
1973, by the Calcutta University.
Dr. Singhvi was a firm believer in the independence of the judiciary.
From 1979 to 1987, he was the UN Special Rapporteur on the Impartiality

,-... -
and Independence of the Judiciary. As an UN Special Rapporteur he was
acknowledged internationally as a campaigner for the issue of independence
of judiciary and legal profession. His report on the Independence of Justice
and his draft Universal Declaration on the Independence of Justice published
in 1987 received worldwide acclaim in the fora of United Nations and in the
world of Law. He was the founder of the Centre for Independence of Judges
and lawyers.
Dr. Singhavi was a recognised statesman whose services were availed
of by the Indian Government when he was appointed the High
Commissioner for India in the United Kingdom from 1991 to 1997. While
serving as the High Commissioner he was chosen as Rotary International's
first recipient of the Ambassador of Excellence award. He was also awarded
the U Thant Peace Award. He had the distinction of being India's longest
serving High Commissioner to the U.K. His stint as the High Commissioner
in retrospect is regarded as the golden phase of Indo-British Relationship.
Dr. Singhvi will also be remembered as a poet, critic and author. His
books titled "Freedom on Trial" and "A Tale of Three Cities" have been
widely acclaimed.
With the demise of Dr.L.M. Singhvi, we, the legal fraternity have lost
a stalwart, an eminent jurist and prominent exponent of human rights.
We send our heartfelt condolences to the members of the bereaved
family and pray that the Almighty bestow them with the strength to bear this
irretrievable loss.
May I request you all to pay homage by standing in silence for two
minutes in the memory of Late Dr.L.M. Singhavi.
(
',- (MUKUNDAKAM SHARMA)
CHIEF JUSTICE
(The Hon'ble Judges will take their respective seats for a moment after the
silence, and it will be announced by Hon'ble the Chief Justice as under)
"As a mark of respect to the departed soul, the Court work is adjourned for
the rest of the day".
OBITUARY REFERENCE BY K.C. MITT AL,
PRESIDENT, DELHI HIGH COUR BAR ASSOCIATION,
NEW DELHI, TO PAY HOMAGE TO HON'BLE
MR.JUSTICE R.S. PATHAK, FORMER CHIEF
JUSTICE OF INDIA.
Hon'ble The Chief Justice Dr. Justice M.K. Sharma, Hon'ble judges,
Mr.P.P. Malhotra, Learned Additional Solicitor General, Senior Advocates,
(Standing Counsel, Union of India and Govt. of NCT of Delhi), my colleagues at
the Bar, family members of Justice Pathak, Ladies and Gentlemen.
On behalf of the members of Delhi High Court Bar Association, I join

your Lordships in condoling the sad demise of Justice Mr. Raghunandan Swroop
Pathak, Former Chief Justice of India on 18th November, 2007. An illustrious
son of an illustrious father, Sh. Gopal Sawroop Pathak, who was Governor of
Karnataka and Vice President of India.
The career resume of Justice Pathak need not be referred in extenso,

suffice to describe him as a legend of legal profession and an eminent jurist
having rare qualities and achievements. He held various positions and was
entrusted with important assignments latest being the inquiry on the "Wolkar
Commission Report".
Briefly, he was the President of Court of Arbitration for Sports, Olympic

decision and adhoc Division Common Wealth, Games, Judge of the International
Court of Justice, at the Hague; member of the board of Advisers Foundation for
International Environmental Laws and Development, London, Chairman of the
Nehru Trust of Indian Collections in the Victoria and Albert Museum, London.
He was also elected Chairman of the World Congress on Law and Medicine in
1985 and was member of the International Panel of Chief Justice of Genetic
Technology in Seoul in 1987.
Mr. Justice R.S. Pathak insisted on discipline in the approach to legal

analysis and greatly appreciated brevity and clarity in such analysis. He laboured
every day till late at night and on weekends to ensure that every judgment and
document emanating from his office under his signature was correct and the
conclusions based on the merits of each matter. He avoided Meeting business
people so that there would be no influence (perceived or otherwise) on his
independent legal judgment.
He actively supported young lawyers and members of Bar and encouraged

them in their career. Frequently, when he returned from Court and sat for tea with
his wife, he would excitedly tell her about a new young rising star and how
cogently and lucidly this young lawyer had articulated his case and arguments in
the Court. To him a legal profession with young bright rising stars provided
strong testimony that it was a honorable professions full of opportunity for new
entrants. He always granted a hearing to young lawyers and would make it a
point to hear all of the points that they wanted to make in the arguments. He
never lost his cool and temper in the courts which made him Bar friendly.
His commitment to the Bar and the relationship of the Bench and Bar was
well known. When he left the Allahabad High Court for the Himachal Pradesh
High Court, the ancestral home at Allahabad was transferred to Allahabd High
Court Bar Association and to this day has remained the office of the Allahabad
High Court Bar Association.
He put a lot of emphasis on integrity in his view, integrity was crucial for
becoming a good lawyer in the profession. He practiced highest standards of
integrity by himself. Of his 3 sons, two wanted to become lawyers and his
coincided with the time when he was a judge in the Supreme Court. He told both
sons that as long as he was a judge, neither of his sons could practice law in India
and that he preferred that they also studied law outside India so that the professors
teaching law were free to be critical of his judgment in classes (and not impeded
in their critical analysis by the presence of one of his sons in class). As a result,
neither of his lawyer sons practiced law in India until he had retired from the
Supreme Court. In addition, he never visited the law offices of his sons (nor
interacted with their clients) based on the principle that they must work hard to
create their own name and reputation independent of their father. Each member
of his family learnt that there was no substitute to hard work and that rewards did
not come from family connections or handouts from family relationships but from
talent, ability and hard work.
Justice Pathak had always emphasized for Independence of the Judiciary
and his observation in S.P. Gupta V. Union ofIndia, are very relevant:
"875. India's statesmen, political leaders, eminent jurists and

representatives of a broad cross-section of our national life were
engaged for about three years in forging a Constitution worthy of
India's greatness. In the fashioning of the provisions relating to
the judiciary, the greatest importance was attached to securing the
independence of the judges, and throughout the Constituent
Assembly Debates the most vigorous emphasis was laid on that
principle."
Ever argument made on either side, however intricate the question of fact
or law may be, he dealt with them in full detail in his inimitable restrained style,
which we have found in his judgments.
He has three sons: Vivek Pathak, a Chief Financial Officer of a start up

bio-medical company based in the Silicon Valley in California; Jai Pathak, a
partner in a US law firm and is based in Los Angeles; and Anand Pathak, who
heads the law firm P&A Law Offices and is based in New Delhi. Both his lawyer
sons became lawyers in India and the US and practiced outside India in the US
and in Europe until Mr. Justice Pathak retired from the Supreme Court of India.
They returned to India only after he had retired from the Supreme Court of India.
The best tribute to him would be to follow his footsteps for upholding the
Constitution of India and independence of Judiciary.
May his soul rest in peace and God give strength to the family members to
bear. this loss.
I would request Hon'ble the Chief Justice to convey condolence on my

own behalf and the Delhi High Court Bar Association.
1
SPEECH
My Lords, Hon'ble the Chief Justice of High Court of Delhi, Mr.

Justice M.K. Sharma and his Hon'ble Companion Judges, Mr. K.C.
Mittal, President of Delhi High Court Bar Association, Central
Government Standing Counsels, Ms. Mukta Gupta, Standing
Counsel for Delhi Administration [Criminal], Mr. J.R. Midha,
Standing Counsel for Delhi Administration [Civil] Additional
Standing Counsels and counsels for various other bodies and
statutory authorities, Smt. Asha Pathak, Mr. Vivek Pathak, Mr. Jai
Pathak and Mr. Anand Pathak, my esteemed colleagues, Ladies
and Gentlemen.
2. Today, we have assembled to bid a tearful adieu to Hon'ble Mr.

Justice RS Pathak who was not only an eminent jurist but also
former Chief Justice of the Hon'ble Supreme Court of India who
breathed his last on November 18, 2007 following a massive
heart attack.
3. Mr. Justice RS Pathak was the son of former Vice-President of

India, Shri Gopal Swarup Pathak, was born on November 25,
1924 in Bareilly. He had schooling at St. Anee's Middle School
Convent, Allahabad, securing first position and higher education
with distinction at St. Joseph College, Allahabad. After graduation
in Law, in the year 1947, post graduation in Arts and diplomas in
French and German languages from Allahabad UniverSity, he got
enroUed as a member of Allahabad High Court Bar on 8th
November, 1948. He began his legal career in Allahabad High
Court as a lawyer specializing in Constitutional Law, Income Tax,
Sales Tax and other taxation Laws. He had a roaring practice and
within short time became a leading Advocate at Allahabad. He
was invited to adore the Bench of Allahabad High Court and was
appointed as Judge of the Allahabad High Court and became
permanent Judge on July 23, 1963. His Lordship holds the unique
distinction of being the youngest person ever to be appointed a
Judge of a High Court In India. He was appointed ~ Chief Justice
of Himachal Pradesh High Court on March 18, 1972. After about
six years in Himachal Pradesh, he was elevated to the Hon'ble
Supreme Court of India on February 20, 1978 and took over as
Chief Justice of India on December 21, 1986. He relinquished the
office of the Chief Justice of India on 18th June, 1989 on
appointment as Judge in the International Court of Justice in
Hague.
4. He was always patient, dignified, cool and unruffled. He was well

known and is recognized for his honesty, integrity, sincerity,
sophistication, etiquette and respect by the members of the Bar.
I had the pleasure and opportunity of appearing before him in
the Hon'ble Supreme Court and I always noticed that he had
originality in thoughts and expressions, a firm belief in ideals and
uniqueness in expressions was the hallmark of his personality as
a Judge. He was always conscious of the prindples of law, and
had analytical mind, which enabled him to deal, identify and
focus the broad issues, argued before him. He enjoyed great
.-~-~-'~
3
/'~"e:J.. ':I. L, /
~.~-~~- ...
reputation as a good Judge. He had a deep sense of justice and

fair play, which is eloquent from various judgements delivered by
him. He was gracious, candid and uncompromising in upholding
the majesty of law. He was very courteous and his courtesy
made the lawyers feel at home.
5. Justice Pathak had rendered several landmark judgments often

cited by lawyers till date. In S.P. Gupta v. Union of India, 1981
Supp SCC 87 at paragraph 875 Justice Pathak had this to say
about the independence of the Judiciary:
"875. India's statesmen, political leaders, eminent jurists and
( '<-
representatives of a broad cross-section of our national life were
engaged for about three years in forging a Constitution worthy of
India's greatness. In the fashioning of the provisions relating to
the judiciary, the greatest importance was attached to securing
the independence of the judges and throughout the Constituent
Assembly Debates the most vigorous emphasis was laid on that
principle. "
As far back as 1984 Justice Pathak had this to SeW about public
Interest Litigation in Bandhua Mukti Morcha v. Union of India
(1984) 3 SCC 161, at page 232.
"61. Where the Court embarks upon affirmative action in the

attempt to remedy a constitutional imbalance within the social
order, few critics will find fault with it so long as it confines itself
4
to the scope of its legitimate authority. But there is always the

possibility, in public interest litigation, of succumbing to the
temptation of crossing into territory which properly pertains to
the legislative or to the executive Government".
In Union Carbide Corporation etc. v. Union of India and Drs.

[1989 (1) SCC 674], popularly known as Bhopal Gas Tragedy
Case, he was called upon to adjudicate one of the most complex
cases in post independence legal history. Using his persuasive
techniques, rather than going by legal nitty-gritty, he asked
Union Carbide and Indian Government to arrive at amicable
agreement so as to provide immediate relief to thousands of poor
victims, who had suffered multiple health problems, could not
have waited for years for deCisions on the suit for damages.
Taking into consideration the interest and welfare of lakhs of

people affected by leakage of gas from the plant of Union
Carbide in Bhopal, and with a view to provide immediate relief
and rehabilitation to them by expeditious settlement of the case,
he directed Union Carbide to pay $470 million to the Indian
Government in full and final settlement of the claims of the
victims, thereby giving immediate relief to the victims of the
tragedy.
Some of his other important judgements are PN Eswara Iyer &

Drs. V. Registrar, Supreme court of India [1980 (4) SCC 680];
celebrated case of Hussainara Khatoon & Drs. V. Home
5 (/'"';;L)
,,2 ~J 6/
\..~"- ..• ~". ~/".,..,-
Secretary, State of Bihar [1980 (1) SCC 81; Sunil Batra (II) v.
Delhi Administration [1980 (3) SCC 488] and Prem Shankar
Shukla v. Delhi Administration [1980 (3) SCC 526].
6. Justice Pathak achieved many distinctions in India and abroad.

Among many positions held by him, Justice Pathak was the
Chairman of the National Committee for Promotion of economic
and Social Welfare besides being the President of the Centre for
Research on Environment, Ecology and Development. He was the
Member of Board of Advisers, foundation for International
Environment Law and Development, London and the Chairman of
the Nehru Trust for Indian Collections in the Victoria and Albert
Museum, London. He joined the ranks of the President of the
Indian Law Institute from 1986-1989. He also served as president
of the ad hoc division of the International Court Arbitration for
Sport, Switzerland for many years.
7. I submit that he was an ideal man, an ideal judge, and an ideal

personality
8. I share the grief of his talented family, Smt. Asha Pathak, his
widow and three sons, Vivek Pathak, Jai Pathak and Anand
Pathak and other family members. I also share the grief with
other members of the legal fraternity. The bar has suffered
irreparable and incalculable loss.
.",.,.._,;,,:. .. ,:-,~: -~~ "L.,"I;-~
.' . '\
6 ( ('..1~' I )
" "
9. I on behalf of the government of ~fndla~ my colleagues, Central

Government Standing Counsels and other Government Counsels
and my colleagues request the Hon'ble Chief Justice of the High
Court of Delhi to convey our heartfelt condolences to Sister
Ashaji, his three sons, Vivek, Jai and Anand and other members
of the bereaved family. May his soul rest in peace and may God
bestow courage and fortitude on the grieving family to bear this
irreparable loss.
P.P.MALHOTRA
Date-: 4/12/2007 (Additional Solicitor General of India)
-
~'fi)
My esteemed Colleagues and Hon'ble ~~~/~hri P.P. Malhotra,
Additional Solicitor General of India, Shri K.C. Mittal, President,
Delhi High Court Bar Association, President, Secretary and Office
Bearers of various Bar Associations of Delhi, learned Members of
the Bar, Family Members of late Hon'ble Mr. Justice R.S. Pathak,
Former Chief Justice of India and Ladies & Gentlemen present,
With profound grief and a heavy heart we have assembled here
today to pay our homage to the departed soul of Late Shri Justice R.S.
Pathak, a distinguished Former Judge and a Former Chief Justice of
th
India who breathed his last on 18 November, 2007.
Late Justice Pathak was born in a distinguished family to Smt.
Prakashwati Pathak and late Shri Gopal Swarup Pathak, an
accomplished Advocate who also served as Vice President of India. He
had his schooling and higher education at Allahabad. After obtaining
Law Degree in 1947, he did Post Graduation in Arts and Diploma in
French and German from Allahabad University. He got enrolled as an
th
Advocate of Allahabad High Court on 8 November, 1948 where he
practised in various branches of law like taxation, civil, company and
industrial disputes. By dint of his hard work, sound knowledge of law
and exceptional brilliance in conducting the cases, Shri Justice Pathak
carved out a niche for himself and very soon became one of the leading
Advocates. His performance at the Bar did not go unrecognised and
earned him the honour of being invited to adorn the Bench of Allahabad
High Court. In keeping with the best traditions of the Bar, he accepted
the invitation at the cost of his lucrative practice and was appointed as
Judge of Allahabad High Court on 1st October, 1962 at a young age of
th
slightly less than 38 years. On 18 March, 1972 Mr. Justice Pathak
was appointed as the Chief Justice of Himachal Pradesh High Court, a
' "' position which he served with distinction for about six years before
being elevated to the Supreme Court of India on 20th February, 1978.
He was appointed the Chief Justice of India on 21 st December, 1986
th
and later on elected as Judge of International Court of Justice on 18
April, 1989. He was also the President of the ad-hoc Division of the
International Court of Arbitration for Sports.
Mr. Pathak in his tenure as a Judge has made rich contribution to
the development of jurisprudence in the country. Law Reports from
High Court of Allahabad, High Court of Himachal Pradesh and the
Supreme Court of India bear testimony to his exceptional legal acumen
and fine understanding of legal principles. A deep sense of justice and

-.,,;.-,.---~
~:J)
fair playas also pragmatism in approach is reflected in all his
judgments. Though a kind hearted person, he never allowed himself to
be carried by a persuasive appeal to the emotions only. He was a great
advocate of independence of judiciary and freedom of press and was
always uncompromising in upholding the majesty of law. Patience and
tolerance while hearing arguments was another virtue of Justice Pathak
and he always made the lawyers appearing before his Bench feel
... comfortable and come out with their best while arguing the matter.
As a Judge of the Supreme Court, Justice Pathak delivered a
number of landmark judgments including Kehar Singh & Anr. Vs.
Union of India & Anr.; Hussainara Khatoon & Ors. Vs. Home
Secretary, State of Bihar; Sunil Batra (II) Vs. Delhi Administration;
and Bandhua Mukti Morcha Vs. Union of India & Ors.
He was a visiting Professor at Institute for Advance Studies in
Humanities at Edinburgh University and taught in that University for a
year. He held numerous positions and offices and served as President
of Indian Law Institute, Indian Society of International Law and Centre
for Research and Environment Ecology and Development. He joined

·. 'j:rt;}
(, ,l
" //
.........._7'4'
the Tribune Trust as its Member in 1994, became its President in the
year 2002 and made concerted efforts to ensure that the newspaper
maintained highest traditions of journalism. Shouldering responsibilities,
even in his last years, Justice Pathak headed the Commission set up by
Government of India to inquire into the allegations of payment of
kickbacks in Oil-for-Food Programme and completed the work within
the stipulated time without seeking any extension. Justice Pathak was a
...... very genuine and simple human being. He loved to talk of his
experiences over his cup of tea and had a very good sense of humour.
Behind the soft words was a person of great intelligence with a very
good command over language. He commanded respect not only within
the Indian Judiciary but was also recognized in the international judicial
f world. The various posts he held bear testimony of it. Paying tribute to
him, the Hon'ble Prime Minister called him a man of great learning,
wisdom and unimpeachable integrity.
Justice Pathak is survived by his wife, Smt. Asha Pathak and
three sons, Shri Vivek Pathak, Shri Jai Pathak and Shri Anand Pathak.
In his death the humanity have lost an eminent jurist and a perfect
·.
'(.-
gentleman. His death is a great loss to the country in general and to
the legal fraternity in particular. I, on my own behalf, and on behalf of
my colleagues and the Bar convey our deep condolences to the
bereaved family and pray to the Almighty to give them strength to bear
this irreparable loss with fortitude. May his soul rest in peace.
(AFTER REFERENCE BY lAWYERS IS OVER)
I request you all to pay homage by standing in silence for two
\,." minutes in the memory of Justice R.S. Pathak.
(Mukundakam Sharma)
Chief Justice
4th December, 2007
(The Hon'ble Judges will take their respective seats for a moment after
the silence, and it will be announced by Hon'ble the Chief Justice as
under)

adjourned for the rest of the day".
(Mukundakam Sharma)
Chief Justice
My Lords, Hon'ble the Chief Justice of High Court of Delhi, Mr. Justice M.K.
Sharma and his Hon'ble Companion Judges, Mrs. Justice Reva Khetrapal, Mr.
K.C. Mittal, President of Delhi High Court Bar Association, Central Government
Standing Counsels, Ms. Mukta Gupta, Standing Counsel for Delhi
Administration [Criminal], Mr. J.R. Midha, Standing Counsel for Delhi
Administration [Civil] Additional Standing Counsels and counsels for various
other bodies and statutory authorities, Mrs. Savitri Khanna, Mr. Rajiv Khanna,
Mrs. Ruchi Sindhwani, Mr. Rajiv Sindhwani, Ms. Anu Goswami, Mr. Justice N.
N. Goswami, Retired Judge of this Hon'ble Court, & other family members of
Late Mr. P. C. Khanna, my esteemed colleagues, Ladies and Gentlemen.
2. Mr. P. C. Khanna a Senior Advocate of this Hon'ble Court was born at

Takht Hazara in West Pakistan on the 24th of June, 1924. He completed his
graduation in Commerce from Shri Ram College of Commerce, standing first in
the College. He studied for his LLB from Delhi University. He was enrolled as
an Advocate with the Bar Council of Delhi in the year 1952 and had almost 55
years of successful practice. He joined Journalism for a short time and
thereafter he joined the Bar in Delhi and worked in the Chambers of his
father, Shri A. N. Khanna, and uncle Shri Veda Vyas who were very well
'~i known and masters in the field of Company Law. After the initial period of
training there was no looking back for him as success followed and he rose to
be the most sought after Corporate Lawyer. Even though his main area of
practice was Corporate Law, at which he was a master, he had also practiced
on other fields of law, including, Criminal Law. He had established a unique
niche for himself in the legal profession.
2 @)
3. Mr. P. C. Khanna was brought up and grew in a conducive legal and
judicial atmosphere. His father Mr. A. N. Khanna was a renowned Company
Lawyer. His paternal uncle Prof. Veda Vyas was the authority not only in
Company Law but in other laws as well. His father-in-law Justice K. L.
Goswami was judge of Circuit Bench of the then East Punjab High Court and
his brother-in-law, Justice N.N. Goswami (Retired) was a Judge of this Hon'ble
Court.
4. Even though he was always cool, unruffled, sober, gentle, noble, well-
mannered and disciplined Advocate yet he was firm in his belief about his case
and always argued his cases with great clarity of thought and mind. He was
always polite and respectful to the Hon'ble Bench, his colleagues and
'-.) opponents and never had any ill-will against his opposing Counsels. He was
full of affection towards all. A nature's gift which is inherited by the family.
5. Mr. P. C. Khanna had trained a number of juniors including Late Justice

M.K. Chawla, a retired Judge of this Hon'ble Court, Justice S.S. Chadha, a
retired Judge of this Court, Mr. P. N. Lekhi a well-known and well-respected
Senior Counsel practicing in this Hon'ble Court and the Hon'ble Supreme
Court, his daughter Justice Reva Khetrapal, now a sitting Judge of this Hon'ble
Court, his brilliant son Mr. Rajiv Khanna who is the President of Indo-US
.. Chamber of Commerce for the past several years, his daughter Mrs. Ruchi
Sindhwani, Additional Standing Counsel for the Government of Ncr of Delhi,
son-in-law Mr. Sanjiv Sindhwani also a practicing lawyer of this Court and his
niece Anu Goswamy, is practicing at the District Attorney's Office at
Washington DC.
J (}}3)
..... ., ..... ~,
6.
.. He was always a symbol of confidence and coolness. He was highly
respected for his honesty, integrity, sincerity and knowledge of law. I had the
pleasure and opportunity of working with him in few matters and he was
always fully prepared. He had a passion for work. He was part of the
profession and he never deviated himself from the ideals of a true lawyer and
profession. By his death the profession has lost not only a noble soul but a
.true professional in the real sense. A man on whom one could depend for his
honesty, for his integrity, for his attachment, involvement to the brief and
cause of the brief.
7. I remember, even in his last days, when I was doing a case opposing
him and when the Hon'ble Judge felt that the matter should be sorted out
--.. ; after obtaining instructions from the client, I gave some proposal for an
alternate plot. He stood to his guns and said politely and firmly 'No'. His client
was entitled to a place for an Ice factory in Khan Market and he could only
press for that. Such was his firm belief in his case and passion for his client.
8. The Law Reports are testimony to his knowledge. He had argued the
case of National Conduits (P) Ltd. Vs. 5.5. Arora (1968) 1 SCR 430 before a
three Judge Bench of the Hon'ble Supreme Court of India opposing his father.
The law in regard to the advertisement of a winding up petition was laid down
.. in that case. Similarly, he argued before the Hon'ble Full Bench decision of this
Hon'ble Court the case of Print Pak Machinery Ltd. Vs. Jay Kay Papers
Conveters AIR (1979) (Delhi) 217 wherein the law in relation to the original
side rules was laid down and it was held that the rules will prevail over the
Code of Civil Procedure. In Shakuntala Rajpal Vs. Mc.Kenzie Philip (India) Pvt.
Ltd. 1988 (64) Compo Case 585 it was laid down that even the legal
4
,representative of a deceased shareholder had a locus standi to seek winding

up of a company. Few of his celebrated cases where Late Mr. P.e. Khanna had
argued and law was laid down include the following :-
(i) Kalra Iron Stores Vs. Faridabad Fabricators Pvt. Ltd. 1992 (73)
Compo Case 337;
(ii) Suresh Kumar Sanghi Vs. Supreme Motors 1983 (54) Compo
Case 235
(iii) Saroj Maira Vs. Steelsons Pvt. Ltd. 1974 (2) ILR (Delhi) 190;
(iv) Moti Films Pvt. Ltd. Vs. Harish Bansal 1982 (21) DLT 150 (DB).
Besides the above, there are large number of other cases which I am
not mentioning.
,,9. I share the grief of his talented family of jurists and lawyers, Mrs. Savitri
Khanna, his widow, Justice Reva Khetrapal, his daughter, Mr. Rajiv Khanna,
Mrs. Ruchi Sindhwani, his son and daughter, Mr. Rajiv Sindhwani, his son-in-
law, Ms. Anu Goswami, his niece and Mr. Justice N. N. Goswami (Retd.)
brother-in-law & other members of the family. I feel that the Bench and the
Bar have also suffered an irreparable and incalculable loss.
10. I, on behalf of the Government of India, my esteemed colleagues,

Central Government Standing Counsels and other Government Counsels
~ request the Hon'ble Chief Justice of the High Court of Delhi to convey our
heartfelt condolences to the members of the bereaved family. May his soul
rest in peace and may God bestow courage and fortitude on the grieving
family to bear this Irreparable loss.
( P. P. MALHOTRA )
Date : 16-01-2008.
I/;i~·"i)
DELHI HIGH COURT MR ASSOCIATION
SHER SHAH ROAD, NEW DELHI-II0003 TELEPHONES: 011-2338-5562, 2338-5943
OBITUARY REFERENCE BY K.e. MITTAL PRESIDENT HIGH

COURT BAR ASSOCIATION, DELHI TO PAY HOMAGE TO
SH.P.e. KHANNA, SENIOR ADVOCATE.
Honble Chief Justice of Delhi High Court, Dr. M.K. Sharma, Honble
Judges, Sh. P.P. Malhotra, Ld. ASG, Senior Advocates, Standing
Counsels, Central Government and Delhi Government, family
members of Late Sh. P.C. Khanna, fellow members, ladies and
gentleman.
We have assembled today to pay our tributes to Sh. P.C. Khanna, a

Senior Advocate of this Court, who can aptly be described as a stalwart
and pillar of the Bar, who dedicated 55 years of his life to the legal
'-4 profession till he breathed his last on 8 th January, 2008. His death
has caused a vacuum, which can never be possibly filled. He would be
missed everyday as his word of wisdom and advice to peers and co -
professionals would not be available. Sh. P.C. Khanna's contribution
to the profession is well known and his affection for and commitment
to the profession shall ever remain a learning lesson for all of us.
The words of Sh. Rajeev Khanna, his son, about his father, that he
"lived on his own terms and died on his own terms", has a special
significance, since Sh. P.C. Khanna desired to breath his last in
harness in his chair and chamber, where he devoted his valuable years
of practice, rather than in the hospital.
A second generation lawyer hailing from a Zamindar family in West

• Pakistan, Sh. P.C. Khanna made substantial contributions to the Bar
as also the judiciary as an officer of the Court. He not only trained his
juniors but took it as his pious obligation.
He was always more than keen in giving a helping hand to the younger
members of the Bar. He always believed that the society needs good
professionals with right values and right work culture. His acumen
and expertise has been well recognized and he created his niche in the
High Court, more particularly in company matters. Indeed it would
not be exaggeration to say that very few are blessed with such rare
versatility as Sh. P.C. Khanna, as the adage goes, he was the chip of
the old bloc. His father, Late Sh. A.N. Khanna, too was an advocate.
He authored several books and was also the Editor-in-Chief of the
Indian Law Reports since its inceptiol) till his death in 1979.
Contd ..... P/2

(.~
DELHI HIGH COURT BAIt--'ASSOCIATION
SHER SHAH ROAD, NEW DELHI-110003 TELEPHONES: 011-2338-5562, 2338-5943
-::2::-
Interestingly, Sh. P.C. Khanna, who initially took up journalism as a

profession, switched over to the legal profession. We are proud of Sh.
P.C. Khanna for the reason that jurists like Late Justice M.K. Chawla,
Justice S.S. Chadha and Sh. P.N. Lekhi, who are institutions in their
own rights, were initially nurtured and trained by him. Sh. P.N. Lekhi
describes Sh. P.C. Khanna as a kind-hearted senior and a very humble
personality.
His contribution to the Institution would be ever remembered; as an

officer of the Court, he brought glories to the profession and to the
Bar. One of the sitting Judges of this Court rightly described the
Bench and the Bar as the two eyes of a Bride, and for the ultimate
growth of the institution, both have to work in tandem with each other.
This is also a lesson that we learnt from late Sh. P.C. Khanna.
His principle did not focus the individuals but it reflects the Bar as an
Institution, which is also important for the reason that as against the
institution, the individuals are not relevant, but it is their collective
contribution and performance, which is always recognized and goes a
long way in building the institution. Individuals do perish but their
contributions are always remembered. They serve as a beacon.
The Delhi High Court has the best of talents on either sides and we
strive to make it a role model for the entire nation in matters of speedy
disposal for which we all need to work upon.
Sh. P.C. Khanna is survived by his wife, his daughter, Justice Ms.
Reva Khetrapal, a Judge of this Court, Son Rajiv Khanna, who is
" practicing in New York and has been the President of the Indo-U.S.
Chamber of Commerce for the last several years, his daughter, Ruchi
Sindhwani, who is the Additional Standing Counsel for the GNCT of
Delhi, Son-in-law Sanjeev Sindhwani, who is also a practicing lawyer.
The Bar Association shares their grief and our heart-felt condolence
goes out to Mrs. P.C. Khanna, as also to the entire bereaved family .
.
~ft-
(K.C. Miittal)
President
SPEECH OF HON'BLE THE CHIEF JUSTICE IN FULL
COURT REFERENCE TO BE HELD ON WEDNESDAY, THE
16TH JANUARY, 2008 AT 3.00 P.M ON THE SAD DEMISE OF
SHe P.C.KHANNA, SENIOR ADVOCATE, DELHI HIGH
COURT.
Order of Speakers:-
1. Sh.K.C.Mittal, Preseidnt, DHCBA
2. Sh.P.P.Malhotra, Additional Solicitor General
3. Hon'ble the Chief Justice.

My brother and sister Judges, Mr.P.P.Malhotra, learned
Additional Solicitor General of India, Mr.K.C.Mittal, President,
Delhi High Court Bar Association, other Office Bearers of Delhi
High Court Bar Association, Learned Standing Counsel for the
Central Government and NCT of Delhi, Learned Members of the
Bar, Mr. Justice N.N.Goswamy, former Judge of this court, Members
of the bereaved family, Ladies and Gentlemen.
We have assembled here today to pay tribute to late
Sh.P.C.Khanna, a senior member of the Bar, who breathed his last
on 8th of this month.
After standing First in Delhi University in B.Com. from Sri Ram
College of Commerce, Sh.P.C.Khanna graduated in law from Delhi

,
University and was enrolled with the Bar in the year 1952. He was
not only known for his exceptional qualities as a lawyer but was also
known for his integrity, kind heartedness and the pro bono work. His
complete dedication to work and zealous (zel-uhs) representation of

his clients within the bounds of ethical rules soon enabled him to
carve out a unique place for himself and establish a successful
practice within a short span of time. In recognition of his merit, he
was designated as a Senior Advocate in the year 1986.
P .C, as he was popularly called by those close to him, had a
ready sense of humour and a store-house of anecdotes, jokes and
witty quips.
Work was not only worship for him but was his religion and
God. He was an avid believer in the philosophy of the Bhagvad
Geeta and throughout his life followed the 'karma' theory. Shri
Khanna was a great mentor and always guided youngsters to enter the
legal profession by saying that "It is a very noble profession". He
was very sensitive to the growing needs of the Bar and it was well
known that if a younger member of the Bar asked for his opinion on
any legal issue, he would go all out to assist him or her.

(
On account of his very amiable nature and cool temperament in
the court, Sh.Khanna was able to command respect of the court. He
enjoyed doing pro bono work for the weak and the underprivileged
"
and was also a crusader of womens' rights. He used to encourage
women including his daughters to compete in this competitive
advanced world by saying "Go for it. You can beat them all."
In his practice, Sh.Khanna also dealt with company matters
wherein he contributed in reviving financially sick companies so that
not only his clients were benefited but labour, bankers, financial
institutions, shareholders, creditors and others interested in these
companies could also be benefited. He has put in lot of efforts to
ensure that management's internal disputes and bickerings did not
result in loss of jobs to the workers or loss of money and life savings
to the creditors and shareholders. I must say, that with his death, legal
fraternity has· lost a great jurist and a humanitarian.
During the course of his career, Shri Khanna made important
contributions in the development and interpretation of law and the law
reports, particularly 'Company Cases' bear out the testimony of his
scholarship and erudition.
Shri Khanna is survived by his wife, two daughters, namely,
Justice Reva Khetrapal, a member of this Bench and Mrs. Ruchi
Sindhwani, Advocate and also his son Sh. Rajiv Khanna, Advocate,
------..........
.. '\ ~ ")
i-' " -- .
\
.I
practicing in New York, who I am sure will do their best to live by
his exhalted principles. We send our heartfelt condolences to the
members of the bereaved family and pray that the Almighty bestow
them with the strength to bear this irretrievable loss.
May I request you all to pay homage by standing III
silence for two minutes in the memory of late Sh.P. C. Khanna.
(Mukundakam Sharma)
16.1.2008 Chief Justice
(
Justice as under)

OBITUARY REFERENCE
My Lords, Hon'ble the Chief Justice of High Court of Delhi, Mr. Justice M.
K. Shanna and his Hon'ble Companion Judges, Mr. K.C. Mittal, President of
Delhi High Court Bar ASsociation, Central Government Standing Counsels,
Ms. Mukta Gupta, Standing Counsel for Delhi Administration [Criminal], Mr.
J.R. Midha, Standing Counsel for Delhi Administration [Civil] Additional
Standing Counsels and counsels for various other bodies and statutory
authorities, Mr. P.H. Parekh, President of Supreme Court Bar Association,
other dignitaries, Mr. Vi nod Khanna, Mr. Suresh Khanna, Mr. Rajeev
Khanna, sons of Late Mr. Justice H. R. Khanna, Mrs. Manish Kumar
daughter of Late Mr. Justice H. R. Khanna and their families, Hon'ble Mr.
Justice Sanjeev Khanna, my esteemed colleagues, Ladies and Gentlemen.
2. Late Mr. Justice Hans Raj Khanna was the second son of Late Shri
Sarab Dayal Khanna, a well-known leading advocate of Am ritsa r . He had
two brothers, namely, Late Mr. Tara Chand Khanna and Late Mr. Justice D.
R. Khanna who had also adorned the Bench of this Hon'ble Court from
October, 1979 to October, 1985.
3. His Lordship was a brilliant Advocate and was picked up for national
honour and duty while he was arguing a matter before the District Judge.
The Hon'ble Chief Justice of the then Punjab High Court who was on
'-
inspection was so impressed by the clarity of arguments that he was
immediately appOinted as' an Additional District Judge. He had conducted
the famous trial in the matter of Shri R. K. Dalmia and his Lordship's
judgment was maintained right upto the Supreme Court, which is reported
in 1963 (1) SCR 253.
4. Later he became the [)jstrict and Sessions Judge, Delhi and

remained there till 1962 when he was appointed a Judge of the Punjab
High Court, but on the fonnation of the Delhi High Court he became a
Judge of Delhi High Court. He held an inquiry into the charges against Shri
Biju Patnaik and other Ministers of Orissa. He remained Chief Justice of
Delhi High Court from 1st August, 1969 to September, 1971 when he was
apPointed Judge of the Hon'ble Supreme Court. He resigned as a Judge of
the Hon'ble Supreme Court on 12th of March, 1977.
5. late Mr. Justice H. R. Khanna was well-respected Judge. After going

to the Supreme Court, late Justice H. R. Khanna rose to great heights. His
lordship's well-known minority judgment in Additional District Magistrate,
Jabalpur Vs. Shivakant Shukla (1976) 2 sec 521 dealt with the rights of
detainees under MISA to file Habeus Corpus Writ Petition, in view of an
order passed by the Hon'ble President under Article 353(1) of the
Constitution. late Hon'ble Mr. Justice H. R. Khanna held that Article 21
was not the only Article which dealt with the life and liberty and his
lordship said that right to move the Court for personal liberty was inherent
right of a citizen and that right could not be taken away. His Lordship said
in his minority judgment that Article 21 cannot be considered to be the
sole repoSitory to life and personal liberty. The right to life and personal
liberty is the most precious right of human being in a civilized society
governed by the rule of law. Justice Khanna observed "in exercising the
power the court only ensures that the detaining authority acts in
accordance with law providing for preventive detention. His lordship said
that the Writ Petitions could be heard inspite of the Presidential Order
dated June 27, 1975 and the said order could not prohibit the High Court
from examining the legality of the detention orders. His Lordship said that
sanctity of life and liberty was not something new when the Constitution
was drafted. Likewise, the principle that no one shall be deprived of his life
and liberty without the authority of law was not the gift of the
Constitution. It was a necessary corollary of the concept relating to the
sanctity of life and liberty; it existed and was in force before the coming
into force of the Constitution.
His lordship held that :-
"Rule of law is the antithesiS of arbitrariness. Rule of law is now the

accepted norm of all civilized societies. Even if there have been
deviations from the rule of law, such deviations have been covert
and disguised for no government in a civilized country is prepared to
accept the ignominy of governing without the rule of law. The rule
of law has come to be regarded as the mark of a free society.
Admittedly its content is different in different countries, nor is it to
be secured exclusively through the ordinary courts. But everywhere
it is identified with the liberty of the individual. It seeks to maintain a
balance between the opposing notions of individual liberty and
public order. In every State the problem arises of reconciling human
rights with the requirements of public interests. Such harmonizing
can only be attained by the existence of independent courts which
can hold the balance between citizen and State and compel
governments to conform to the law.".
His Lordship further held that :-
"While dealing with the Presidential order under Article 359{ 1), court
should adopt such a construction as would, if poSSible, not bring it in
conflict with Articles 8 & 9 of the Universal Declaration of Human
Rights. The PreSidential OrderI therefore, should be so construed as
not to warrant arbitrary arrest or to bar right to an effective remedy
by competent national tribunal for acts violating basic right of
personal liberty granted by law.".
6. Similarly, in St Xavier's College case deaUng with the rights of the

/' minorities, His Lordship had ruled that constitutional provisions are "a
"-
i
befitting pledge to the minorities and as long as the Constitution stands as

it is today, no tampering with those rights can be countenanced. Any
attempt to do so would be not only an act of breach of faith, it would be
constitutionally impermissible". His Lordship had enunciated the doctrine of
the baSic structure of the Constitution according to which the power of
amending the Constitution cannot be exercised so as to impair certain
essential features of the Constitution namely (a) the Rule of Law; (b)
Democracy; (c) Secularism; (d) Federalism and (e) Judidal Review.
7. Late Mr. Justice H. R. Khanna was simple, sober and a straight man.
He was not only straight in his approach to life and dealings with matters,
he even in his old age walked straight, nature was so kind to him. I had
the pleasure and opportunity of walking with him sometimes in the
Panchsheel Park. He was fully of
C1~
vIgOur and symbol of humility and
honesty. I had the pleasure of enjoying his hospitality when he had invited
few of morning walkers at his house on a Sunday for Breakfast.
8. I had the privilege of appearing before his Lordship in the High

Court and cannot forget two matters. The first matter I remember was a
revision against conviction of a DTC Driver. I was a young Advocate and
his Lordship was sitting on the criminal side in Revision. After hearing me
for sometime, his Lordship told State Counsel, that his Lordship would
maintain his conviction but reduce the sentence to fine only. That was a
revision against the sentence u/s. 279, 338 of the IPC. I was very happy
that my client was relieved of jail sentence. Another case I remember was
a double murder case where the prosecution alleged and proved that two
kitchen knives were used to cause the double murder. However, the
Doctor in the course of Cross-Examination had confused himself and had
said that three injuries on the neck were caused by a kulhari or gandasa,
i.e., by heavy cutting weapons. The only accused was given death
sentence by the Ld. Sessions Judge and when it was argued in the Division
Bench before his Lordship that since the Kulhari and Gandasa were not
recovered and the Prosecution case was that the injuries have been
caused by the two kitchen knives only, the accused was entitled to
acquj~1. On the evidence, his Lordship held that they were satisfied that
the lone accused charged with the murder was certainly involved but there
'- might be another person also who might have used the Kulhari or Gandasa
and thus the death sentence was reduced to life and a death sentence was
saved.
9. He was a man of philosophy. He was well-versed with the

philosophy of goodness, phnosophy of being kind, philosophy of humanity,
and above all, philosophy of justice. He believed in basic human values
and rights. According to his philosophy, the basic human rights were even
above the Constitution. By his death, not only the Bar and the Bench but
the SOCiety has lost a good human being, a gentleman and a man to whom
the cause of justice was more dearer that his own position and status. A
good jurist of international repute, a lover of democracy, fundamental
rights and believer of the concept of basic structure of the Constitution. He
was a true man, a good man and a man one should be.
10. Bhagawat Gita says that the soul never dies and remains in this
universe. l pray and hope that his soul will guide us. The biggest homage
to the memory of Late Mr. Justice H. R. Khanna would be to follow his
footsteps and ideals in all matters and particularly in the matters of
upholding of the basic human rights of citizens by the legal fraternity be it
the Judges or the lawyers.

request the Hon'bte Chief Justice of the High Court of Delhi to convey our
heartfelt condolences to Mr. Vinod Khanna, Mr. Suresh Khanna, Mr. Rajeev
Khanna, Mrs. Manish Kumar, Hon'ble Mr. Justice Sanjeev Khanna and
other members of the bereaved famity. May his soul rest in peace.
(P. P. MALHOTRA)
Additional SOliCitor General of India
Date : 03-03~ 2008.
.!J(. C. dl/(llttal ;j;~~~~~O\l"~4"~\,..~ DELHI HIGH COURT BAR ASSOCIATION
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:: IIJs. :r SHER SHAH ROAD, NEW DELHI-lID 003
President
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REFERENCE: JUSTICE HANS RAJ KHANNA
Hon'ble The Chief Justice, Dr. Justice M.K. Sharma, Hon'ble Judges, Sh. P.P.
Malhotra, ASG, Standing Counsel, Delhi Government & Central Government,
Senior advocates, Sh. D.K. Sharma, Secretary and other members of the executive of
the Delhi High Court Bar Association, fellow members, members of the family of
Late Justice H.R. Khanna, ladies and gentleman.
'-.- We have assembled today to pay our tributes to Justice Hans Raj Khanna, who
breathed his last on 25 th February 2008. A humble and simple person as he was,
used to prepare his morning tea and even polish shoes by himself, was a little short
of century to complete. He was a witness to Indian history before and after
independence.
After his initial education, he completed his law from Law College at Lahore in 1934
and joined Amritsar Bar Association. His dedication to the legal profession and
words of wisdom at Amritsar Bar would serve as a beacon light for all of us. He
described his days at Amritsar Bar in the following words:
"Those were the days of hard work, but without any financial gain. However I
laboured hard which gained me many complimentary remarks from the presiding
officers and also gave me a mastery over civil law which stood me in good stead in
'-.,; life".
He started his innings as a Judge in 1952 on being appointed as District & Sessions
Judge at Ferozpur and then Ambala. He was also District & Sessions Judge Delhi,
until elevated to the bench at Punjab High Court in 1962. On the formation of the
Delhi High Court, he joined this Court as a Judge and became the Chief Justice of
Delhi High Court and later appointed as the Judge of the Supreme Court of India.
Contd ... P/2
CHAMBER: 172, LAWYERS' CHAMBERS, BLOCK-II, DELHI HIGH COURT, NEW DELHI - 110003 PHONE: 011-23388000
SHER SHAH ROAD, NEW DELHI-lIO 003
President
TELEPHONES : 011-2338-5562, 2338-5943
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He was appointed as Commission of Enquiry in connection with the firing at Kalka

Railway Station in 1956, He was also a Special Judge and tried Ram Krishan
Dalmiya and others. During his stint as a Judge of Delhi High Court, he conducted
the enquiry into the charges against Sh. Biju Patnaik, the then Chief Minister of
Orris a and some of his cabinet colleagues. Even though, Sh.Biju Patnaik himself was
absolved, but interestingly while refuting the arguments that a Chief Minster cannot
be held liable for any impropriety in the absence of a prescribed code of conduct, he
observed: -
1/A person on becoming a minister becomes a custodian of public interest. He owes

it to the exalted office he occupies that he should so formulate his policies so that
there is no clash between his public and private interests. This is specially true in a
nascent democracy wherein the role of a minister has got to be that of a pioneer and
not a pirate, of a public sentinel rather than of a self-seeker, of one dedicated to
public welfare and not one obsessed with the desire of public gain. The old adage
that Ceaser's wife should be above suspicion is equally true of ministers in a
democratic set up".
If we trace the history of Indian judiciary, in post independence period, one would
find the name of Late Justice Hans Raj Khanna etched in golden words, not because
he was a Judge alone' but was a concept by himself and a champion of liberty, A
" courageous and bold personality, who could speak for rule of law being supreme
against all tides, in a dissenting voice.
In the first half of post independence period of judiciary, the nation debated on the
extent of legislative and executive power vis-a.-vis the fundamental rights under the
Constitution of India. This involved the scope of legislative powers for amendments
to the Constitution of India. The Hon'ble Supreme Court laid rest the issue, by
holding that the basic structure of the constitution cannot even be amended by the
Legislature and Late Justice Khanna was party to such a landmark judgment.
Contd ... Pj3
CHAMBER: 172, LAWYERS' CHAMBERS, BLOCK-II, DELHI HIGH COURT, NEW DELHI - 110003 PHONE. 011-23388000
!J(. e. <::::I1/(ill:tal DELHI HIGH COURT BAR ASSOCIATION
SHER SHAH ROAD, NEW DELHI-IIO 003
President
TELEPHONES: 011-2338-5562, 2338-5943
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Individuals may come and go, the life is uncertain but the death is certain, but then,
what is more important is the characteristics of an individual in his performance,
either as a citizen or while holding any position including constitutional office. No
matter, whatever may be the difference of opinion, which in a democracy is
imperative, but there are certain events and instances, when an individual leaves a
mark and footprint, which the history always remembers. The history of judiciary
would always remember Justice Khanna.
--- After his resignation on being superceded in the Supreme Court, Justice Khanna
addressed the Bar a few days after and said:
"I am humble person conscious of his shortcomings and limitations. No Judge can
afford to be boastful of being always in the right, for there is yet to be born a Judge
who has not committed mistakes. Jackson was not wrong when he said that the
Supreme Court is not final because it is infallible; the court is infallible because it is
final. The important thing, is that the Courts must enjoy the respect of all those who
enter their precincts and inspire confidence amongst them that justice here is
administered with an even hand, in any legal combat between the rich and the poor,
between the mighty and the weak, between the state and the citizen, without fear or
favour."
Let not this message go a waste. He belonged to a class of Judges, who brought
respect, dignity and independence to this institution.
He is survived of three sons and a daughter, who are well established. One son
being a Major General, second son retired as a member of the Railway Board and
third is an Engineer from lIT, now in business. The daughter is married to an
- Architect. His younger brother, Late Justice D.R. Khanna was a Judge of this Court
and his nephew Justice Sanjeev Khanna is adoring the Bench of this Court.
Our heart felt condolences to the bereaved family and the almighty will give them
the strength to bear the loss. We pray that his soul may rest in peace. We would
request the Hon'ble Chief Justice to convey our condolences to the bereaved family. ,
J,,,w~
~~I;TTAL)
PRESIDENT
CHAMBER: 172, LAWYERS' CHAMBERS, BLOCK-II, DELHI HIGH COURT, NEW DELHI - 110003 PHONE: 011-23388000
SPEECH OF HON'BLE THE C'HIEF JUSTICE IN FULL
COURT REFERENCE ON THE SAD DEMISE OF
JUSTICE H.R. KHANNA, FORMER CHIEF JUSTICE OF
THIS COURT AND JUDGE OF SUPREME COURT
My esteemed colleagues, Mr. P.P. Malhotra, learned
Additional Solicitor General of India, Mr. K.C. Mittal, President
and other office bearers of the Delhi High Court Bar
Association, the learned Members of the Bar, Members of the
bereaved family, Ladies and Gentlemen.
We have assembled here today to pay homage to late
Justice H. R. Khanna, former Chief Justice of this Court and
Judge of the Supreme Court of India, who breathed his last on
25 th February, 2008. In passing away of Justice H.R. Khanna,
the nation has lost a valiant defender of democracy. He was a
man who considered civil rights of the people as an article of
faith.
Justice Khanna was born on 3rd July, 1912. His early years
were spent in Amritsar where he studied first at D .A. V. High
School and then at the Hindu and Khalsa Colleges, Amritsar. He

completed his law from the Law College at Lahore in 1934 and
soon after, he joined the Amritsar Bar.
In January, 1952, he was appointed the District and
Sessions Judge, Ferozpur, and then at Ambala. He thereafter
worked as District and Sessions Judge, Delhi until he was
appointed Judge of the Punjab High Court. On the formation of
the Delhi High Court, he was transferred to Delhi High Court
on 31 st October, 1966. On 1st August 1969, Justice Khanna was
appointed as the Chief Justice of this Court and on 22nd
September, 1971, his lordship was elevated to the Supreme
Court.
Justice Khanna will always be remembered for evolving
'basic structure' doctrine. By propounding this doctrine in
Keshvanand Bharati's case, Justice Khanna has ensured that no
one will ever be able to take away from us what may be
described as the basic features of the Constitution like basic
human rights, secularism, rule of law, independence of judiciary
and so on.
2
,,""----,
C~~2)
Justice Khanna will be remembered for the exemplary
courage he showed in the Habeas Corpus case which came up
for hearing before the Supreme Court in December 1975. His
lone dissenting opinion in that case had led to his supersession

h
and consequent resignation on 1t March, 1977. Conscious of
his loneliness, he ended his judgment with a quote:
"As observed by Chief Justice Huges, Judges are not

\
"-
there simply to decide cases, but to decide them as
they think they should be decided, and while it may
be regrettable that they cannot always agree, it is
better that their independence should be maintained
and recognized than that unanimity should be
secured through its sacrifice."
A couple of days after the verdict "New York Times" in
its editorial "Fading Hope in India" had paid glowing tribute to
Justice Khanna. The newspaper had prophetically commented:

'- "If India ever finds its way back to the freedom and
democracy that were proud hallmarks of its first
eighteen years as an independent nation, someone
3
Khanna of the Supreme Court. It was Justice
Khanna who spoke out fearlessly and eloquently for
freedom of citizens, dissenting from the majority
decision."
The prophecy has come true and now we see the portrait
of Hon'ble Justice Khanna displayed in Court No. 2 of the
Supreme Court.
Justice Khanna used to carry his greatness lightly. After he
was superceded, this is what he had said in his address to the
Bar:
"No Judge can afford to be boastful of being always
in the right, for there is yet to be born a judge who
has not committed mistakes."
Justice Khanna had served for a short while as the
Chairman of the Law Commission and also as a minister in the
Central Cabinet. Justice Khanna had been the author of many
books, amongst others viz. Judicial Review on Confrontation;
4
Liberty, Democracy and Ethics; Constitution and Civil liberties
and Making of India's Constitution.
Justice Khanna by temperament was a loner. He was very
sensitive at heart. He had a great faith in the goodness of the
people. In his autobiography 'Neither Roses nor Thorns',
describing himself and journey of his life, he wrote:
"I am by temperament a loner. Gazing at the moon
and stars or walking in the hills or on the sea beach is
something I find soothing. I love nature and find its
company congenial, for being in the midst of nature I
often hear the still, sad music of humanity.
Life I have found is neither roses nor thorns; it is as I
said earlier a mixed fare. It has its moments of
exultation, and periods of frustration, its high points
of achievements and successes, and its depressing
phases of failures and disappointments. We have to
take life as it is - continuous activity and struggle,
with its sunshines and shadows, its joys and sorrows,
its comic aspects and tragic episodes. In the journey
5
";::""''''''',",,,
Q'l/'
of life we came across people of all types. I,
however, feel that by and large human beings are
basically good."
With demise of Justice Khanna the legal fraternity has lost
an eminent jurist and a stalwart and it will be difficult to fill the
vacuum created by his death. He will always be seen as a
symbol of selfless courage who stood up for what he considered
to be right without regard to personal consequences.
Justice Khanna is survived by three sons and one daughter.
We send out heartfelt condolences to the members of the
bereaved family and pray to the God to give them strength to
bear the loss. May the Almighty bestow peace to the departed
soul.
two minutes in the memory of Justice H.R. Khanna.
(Mukundakam Sharma)
Chief Justice
3 rd March, 2008
6
the Chief Justice as under)
(Mukundakam Sharma)
Chief Justice
3 rd March, 2008
,.
i
7
·.
My Lords, Hon'ble the Chief Justice of High Court of Delhi, Mr. Justice M. K.
Sharma and his Hon'ble Companjon Judges, Mr. K.c. Mittal, President of Delhi
High Court Bar Association, CentraJ Government Standing Counsels, Ms. Mukta
Gupta, Standing Counsel for Delhi Administration [Criminal], Mr. J.R. Midha,
Standing Counsel for Delhi Administration (Civil] Additional Standing Counsels
and counsels for various other bodies and statutory authorities, Mrs. Krishna
Bhandari, widow of Late Mr. Surinder Nath Bhandari, Mr. Surhid Bhandari and
.Mr. Sanjeev Bhandari, sons of Late Mr. S. N. Bhandari, my esteemed
coJJeagues, Ladies and Gentlemen.
2. Though Mr. Bhandari passed his Jaw in 1953, he started practice only in
February, 1963 after his stint with the Ministry of Home Affairs and the Punjab
and Delhi Chambers of Commerce. I have known Late Mr. Bhandari since that
time. He was a man of knowledge and learning and his knowledge made him
a very confident person. He was always cool and unconcerned with what was
happening around and was always focused only on his cases. He had never
taken part in bar politics or bar gossips and like a true soldier he was
concerned and only concerned With his cases which he had to argue. He was
always thoroughJy prepared with his brief and it was a great pleasure to see
him how meticulousJy he argued his matters.
3. He was an authority on Labour Laws and had argued important matters

in the Hon'bJe Supreme Court, this Hon'ble Court and various Industrial
Tribunals. Some of the matters which he argued in the Hon'ble Supreme Court
indude the matter of (1) Dalmia Dadri Cement Vs. Murari LaJ - 1970 (3) SCC
259, OJ) SBI Vs. Nanak Chand - 1964 (5) SCR 621; (iii) P.R.K. John Vs. A. L
Pande - 1965 (2) SCR 713; Cinema Theatres Vs. Workmen - 64 (2) LO 128,
which show his abjJjty and acumen to grasp wjth difficult questions of Jaw. His
practice was not confined to the Courts of Delhi alone and he often travelled
to other parts of the country to handle such cases. He was designated a
Senior Advocate on 23.9.2000.
4. Late Mr. Bhandari had suffered some lungs problem a year earlier but
he had fuJJy recovered and was attending to his office and Courts and as usual
.,
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after having dinner he slept comfortably but in the morning while getting
ready he felt restfess and passed away peacefuJly. God was kind to give him a
peacefuJ death.
5. By his death we have Jost yet another strong piJJar of advocates on the
Japour side. He was a Jawyer of old thoughts, i.e., a lawyer who believed jn
hard work and no shortcuts. He was always weU read and weU prepared. He
was aJways njce, pJeasant and a sober advocate and used to greet every one
with a srnlle.. By his death the Bar has lost a good man, a good advocate, and
a nobJe soul who had never hurt anyone..
6j I, on behalf of the Government of India, my esteemed colleagues,

Central Government Standing CounseJs and other Government CounseJs
request the Hon'ble Chief Justice of the High Court of Delhi to convey our
heartfeJt condolences to Mrs. Krishna Bhandari, Mr. Surhid Bhandari, Mr.
Sanjeev Bhandari and other members of the bereaved family. May his soul
rest in peace.
}~H~
( P.. P.. MALHOTRA )
Date : 12-03-2008.
"----~
(S. l::f I
DELHI HIGH coiJRt' BAR ASSOCIATION
SHER SHAH ROAD, NEW DELHI-I10003 TELEPHONES: 011-2338-5562,2338-5943
14.3.2008
REFERENCE
Hon'ble The Chief Justice Dr. M.K. Sharma, Hon'ble Judges,

Sh. P.P. Malhotra, ASG, Standing Counsels, Delhi Government &
Central Government, Senior Advocates, Sh. D.K. Sharma, Secretary
and other members of the executive of the Delhi High Court Bar
Association, fellow members, members of the family of Late
Sh.Surinder Nath Bhandari, ladies and gentleman.
We have assembled today to mourn the sad demise of

Sh.Surinder Nath Bhandari, a Senior Advocate of this Court. He was
widely admired in the Bar as an Expert on Labour and Industrial
Laws. He was a person with soft and police temperament. He was
always very supportive to the younger members of the Bar who
would often consult him in his field of specialization.
He was born and brought up at Patiala in Punjab, where he did

his schooling, completed his graduation from Faculty of Arts, Punjab
University. He did his LL.B. from University of Delhi in the year
1953, but did not immediately get himself enrolled as an Advocate.
He first joined Intelligence Bureau, Ministry of Home Affairs,
.J Government of India, during which period he did a special course on
Companies law from Delhi University. However, Labour Laws was
the subject closest to his heart. In 1960, he joined "Labour Laws
Section" of Punjab and Delhi Chamber of Commerce and dealt with
matters relating to Industrial Laws until 1962. Thereafter in 1963,
he eventually arrived at a place where he actually belonged by
getting enroiled as an Advocate with the Bar Council of Delhi and
joined the legal profession. He was a man with photographic
memory, sharp mind and forensic skills. The legend goes that once
he read a judgment, he would remember the entire gist of the
judgment by heart. In his preparation of briefs, he was meticulous.
He was a person, who maintained moral and professional ethics and
etiquettes, which was well reflected from his conduct. Even though,
initially, he used to appear on behalf of the workmen, but later on
he took a decision to exclusively appear for the management alone,
whereafter he stuck to his decision. He used to work 365 days,
(/'1/']) ..
""---
'

'-,,'
SHER SHAH ROAD, NEW DELHI-I10003 TELEPHONES: 011-2338-5562, 2338-5943
unmindful of the intervening holidays. He had acquired an all India

fame in the domain of Industrial Laws and was the Master on the
subject and used to appear in his court as also the Supreme Court
of India, in matters of interpretation of labour laws. He was proud of
the fact that he was designated suo-moto and he took it as a
responsibility to vindicate the trust reposed by the Hon'ble Court by
such designation. He brought the dignity, honour and grace to the
profession, to be quoted and remembered.
In his demise, we not only have suffered loss of a legend in

the legal profession but also a loss to the institution as a whole.
He is survived by his wife and two sons. One of his sons is in

the legal profession, following his footsteps, while the other is
working as a liaison officer.
The greatest tribute that can be paid to him is to follow his

footsteps, and work with sincerity and passion. I, on my own behalf,
and on behalf of the office bearers and members of Delhi High Court
Bar Association express condolence to the bereaved family. We pray
to God that his soul rests in peace.
~c,ttJ.- '_
(K.C. Miittal)
President
Dated:
FULL COURT REFERENCE ON 12th MARCH, 2008 ON
THE SAD DEMISE OF
MR. S. N. BHANDARI, SENIOR ADVOCATE
My esteemed Brother and Sister Judges,
Mr.P.P.Malhotra, learned Additional Solicitor General of India,

! ..
Mr.K.C.Miittal, President and other office bearers of the Delhi
High Court Bar Association, learned Members of the Bar,
members of the bereaved family, Ladies and Gentlemen.
demise of Shri S.N.Bhandari, Senior Advocate, who breathed

.J
his last on 29th January, 2008.
Shri Bhandari was one of the leading lawyers of the Bar
practicing mainly in labour laws before this court and the
Supreme Court. During his practice spanning over more
than four decades he argued various cases involving serious
and vital questions of law relating to labour laws. The said

cases have culminated into establishing the legal principles
which are being followed today as guiding factors. In
recognition of his significant and noteworthy contribution
towards the development of Labour Law, on 23 rd September,
2000, Shri S.N.Bhandari was designated as a Senior

~" ' ,
....
Advocate of this Court. It was always enlightening to listen to
his potent analysis and arguments, and even I had the
opportunity to learn from his indepth knowledge on the
subject.
Shri Bhandari's politeness and courteousness with
-J impeccable court manners cannot be forgotten. He gave
respect to everyone including the junior members of the Bar,

'-
which was duly returned to him in full measure.
With the demise of Shri Bhandari, the legal fraternity
has lost a stalwart. Shri Bhandari is survived by his wife and
two sons.
the bereaved family and pray to the Almighty to bestow
upon them the strength to bear the irretrievable loss.
May I now request you all to pay homage by standing in
silence for two minutes in the memory of late Shri S. N.
Bhandari.
(Mukundakam Sharma)
Chief Justice

MR. S. N. BHANDARI, SENIOR ADVOCATE
My esteemed Brother and Sister Judges,
Mr.P.P.Malhotra, learned Additional Solicitor General of India,
Mr.K.C.Miittal. President and other office bearers of the Delhi
members of the bereaved family, Ladies and Gentlemen.
demise of Shri S.N.Bhandari, Senior Advocate, who breathed
.. his last on 29th January, 2008 .
Shri Bhandari was one of the leading lawyers of the Bar
practicing mainly in labour laws before this court and

h t OI.M """....,
Supreme Court. During his active practice WJ more Ov.v...
than
S.t...... ic>-vvt ~
four decades he argued various cases involving jvital
'V ~ .,.1.1 t;
questions of law ~ labour laws. The said cases
have culminated into establishing the legal principles which
are being followed today as guiding factors. In recognition
of his significant and noteworthy contribution towards the
development of Labour Law, on 23 rd September, 2000, Shri

().J 6\.~ ~.
S.N.Bhandari was designated as/ Senior Advocatj It was
always enlightening to listen to his potent analysis and
arguments, and even I had the opportunity to learn from his
in':depth knowledge on the subject.

v
Shri Bhandari's politeness and courteousness with
impeccable court manners cannot be forgotten. He gave
respect to everyone including the junior members of the Bar,
which was duly returned to him in full measure.

"
With the demise of Shri Bhandari, the legal fraternity
has lost a stalwart. Shri Bhandari is survived by his wife,
Smt. Krishna Bhandari, and two sons, Mr. Surhid Bhandari,
who is also an Advocate and Mr. Sanjeev Bhandari.

the bereaved family and pray to the Almighty to bestow
upon them the strength to bear the irretrievable loss.
silence for two minutes in the memory of late Shri S. N.
Bhandari.
(Mukundakam Sharma)
Chief Justice
/
OBITUARY REFERENCE
8
My Lordsi Hon'ble the Chief Justice of High Court of Delhi! Mr.
Justice M. K, Sharma and his Hon'ble Companion Judges; Mr. K,C, Mittal,
President of Delhi High Court Bar Association i Central Government
Standing Counsels, Ms. Mukta Gupta, Standing Counsel for Delhi
Admi~ [Criminal]! Mr. J,R. Midha; Standing Counsel for Delhi
Administration [Civil] Additional Standing Counsels and counsels for

v a . other bodies and statutory authorities; other dignitaries! Hon'ble
Mr, Justice A, K, Sikri; Mrs. Madhu Sikri! Mr. Ravi Sikri, Mr. H.B. Khurana!
Mrs, Sunita Khurana i Mr, Saket Sikri, Mr. Tanuj Khurana, and other
- relations of Late Mr, N,c'Sikri, my esteemed colleagues,

Gentlemen,
Ladies and
2. Late Mr. N. C. Sikri had risen to great heights by his mere dint of
hard work. He was born in 1923 and joined service soon after passing his
Intermediate. He completed his Law while being in service and joined the
Bar in 1960. He was two years senior to me in Bar. I had seen him
growing case by case. He was designated a Sr. Advocate by this Hon'ble
Court. He firmly believed in hard work alone for success of his case and
by dint of his hard work alone he was able to win cases. His life was full of
honesty and integrity. It is often said that knowledge is a great power. He
16·
was full of knowledge on his subject which was mostly Labour Laws and
with his hard work and ability to work hard and hard for any number of
hours, he acquired immense knowledge and by that knowledge he could
win any case,
3. I remember when I joined the Bar in my early days, I had gone to

Jaipur to conduct a case and when I went to the Library! I found a writing
in the library that "if you want to be a successful lawyer, you have to work
like an ass", This saying absolutely applied to him. Whenever I saw him
either in the corridors of the Court! outside the court room or in the Bar his
appearance showed that his mind was fully occupied and loaded with work
and confidence. This could only come because of his hard work and it was
this hard work which was reflected in his arguments and vigour in his
arguments.
4, He was an ideal human being, an ideal advocate, an ideal senior, an
ideal father and his personality was ideal in all respects be it his honesty
and integrity, be it his attitude, be it his behaviour towards his clients, be it
his conduct towards colleagues and juniors, be his duty to the Hon'ble
Court5. He was always clear and honest. He preferred to loose a client and
not give a wrong advice.
5. He had a very humane approach. I remember an incident which

was narrated to me by a close friend. The matter pertains to the year 1986
when MTNL was incorporated as a company, a Writ Petition under Article
32 of the Constitution was filed in the Hon'ble Supreme Court by the
Adhoc and Daily Wage workers against the Department of Telecom for
-. their regularization. MTNL was made a party in that petition and Late Mr.
N. C. Sikri was engaged by the MTNL to defend the said Writ Petition.
Even with his new prestigious client of prestige, he told the clients that it
would be just and fair that these daily wagers should be given
employment and by his fair approach he even though lost the case but
won over the heart5 of about 5,000 workers who were regularized. It was
he at that time who had suggested the Department and prepared a
scheme for their regularization and absorption .
• , 6. I remember another incident when he was Legal Adviser of a Bank.

" The CMD of the Bank wanted him to render legal opinion as per his desire
but Late Mr, N.C. Sikri even though at the risk of losing his position as a
Legal Adviser did not oblige the CMD and when the CMD of the Bank
expresses his displeasure, Late Mr. N.C.Sikri though he was soft but in a
firm manner retorted and told the CMD "that he was not his General
Manager to whom the CMD could dictate and he would give an opinion
what he considers is right and he will not go against his conscience."
7, I can say with full confidence and certainty that he was not a senior
who would run for money or interested mainly with money. He had
commitment to the cause of his case and to the profession. He was a
Counsel who was firmly committed to the case. He had a firm conviction in
what he said in Courts. He had successfully handled a number of cases in
the Hon'ble Supreme Court.
8. There are endless facts about him. Even a whole day's speech would
be insufficient but I will be failing in my duty if I do not bring one more
incident of his noble approach towards life. One day he had gone to a
temple where he met a child outside the temple with an acquaintance. The
acquaintance told him that the child was orphan and he had brought the
boy to the temple for shelter. Late Mr. Sikri requested the temple priest to
keep ~ child in the temple and persuaded the child to study. While
stayin~ in the temple, the child studied and studied ultimately he did his
Ph.d in Sanskrit and presently he is a great Sanskrit Scholar. All expenses
for hiS studies and food, etc. were provided by Late Mr. N.C. Sikri. Nobody
in the family of Mr. NC Sikri knew about it. When Late Mr. Sikri was ailing j
the Sanskrit Scholar came to see him and it is only then that the family
__ came to know about it. Such a philanthropist man was late Mr. N.C. Sikri.
9. That he was well known and respected counsel in the Hon'ble

Supreme Court and had appeared in important matters on behalf of the
Workmen as well as Management. However I am not giving the citations
j
for the sake of brevity.
10. I firmly say that he has left permanent imprints on his family. I have
been seeing Hon'ble Mr. Justice A. K. Sikri and his other family members
. earlier mentioned. Their cool conduct; hard work, integrity and patience
~ are true reflections of late Mr. N. C. Sikri's life and conduct. I wish if we all
can imbibe these qualities of a great man, we can make better ours and
others lives better and happy. I am sure that if we resolve ourselves to
imbibe the qualities of men like Late Mr. N. C. Sikri we will have a better
life.
request the Hon'ble Chief Justice of the High Court of Delhi to convey our
heartfelt condolences to Hon'ble Mr. Justice A. K. Sikri, Mrs. Madhu Sikri,
Mr. Ravi Sikri, Mr. H.B. Khurana, Mrs. Sunita Khurana, Mr. Saket Sikri, Mr.
Tanuj Khurana, and other relations of Late Mr. N. C. Sikri, and other
members of the bereaved family. May his soul restJ~ W ~
(P. P. MALHOTRA)
Additional Solicitor Ggngral of India
17.3.2008
REFERENCE
Hon'ble The Chief Justice Dr. M.K. Sharma, Hon'ble Judges, Sh. P.P.
Malhotra, ASG, Standing Counsels, Delhi Government & Central
Government, Respected Senior Advocates, Sh.J.P.Sengh, Vice President,
Sh. D.K. Sharma, Secretary and other members of the executive of the
Delhi High Court Bar Association, fellow members, family members of
Late Sh.N.C.Sikri, Sr. Advocate ladies and gentleman.
Within one week, we have to assemble here to condole the demise

~ of another s~rong pillar in the field of labour and service laws. After the
loss of Dr. Anand Prakash and Mr. Ramamurti, few years ago, in quick
succession the destiny has snatched from us Mr.G.B. Pai, Mr. S.N.
Bhandari and now Mr. N.C. Sikri, who was perhaps one of the 'last
Samurai' of the golden era, if not the last.
He was born on September 16, 1923. Though his father was a

businessman, it was his dream from childhood that he would have other
pursuits in life. After completing his intermediate, he got job in the
National Bank of Lahore and reached the position of Controller of
Accounts within short period. Soon thereafter, he shifted to Delhi from
Lahore on the partition of the country. He was married to Smt.Shanti Devi
just before migrating to Delhi, who was destined to be her companion for
more than 60 years.
He did his graduation and also passed most prestigious course in

Banking, i.e. C.A.I.I.B. and LL.B from University of Delhi. While working
with New Bank of India, he used to appear before Income Tax authorities
to argue their cases. The then Chairman-cum-Managing Director of the
bank found in him the potential of becoming a good lawyer. He persuaded
him to give up the job and join the Bar. Consequently, he joined the Bar
in 1960.
He also passed Advocate-on-Record exam of the Supreme Court.

His appearance was from Labour Courts and Industrial Tribunals, to the
Delhi High Court and the Supreme Court of India. He excelled in the
profession within few years and soon he joined the league of Mr.
Ramamurti, Mr. G.B. Pai, Dr. Anand Prakash, Mr.D.K. Aggarwal, Mr. T.R.
Bhasin, father of Mr. Lalit Bhasin, and Mr. Yog Raj Bhasin, father of Mr.
Vinay Bhasin, Senior Advocate. He also widely traveled to appear in
various other High Courts.
He belonged to that old school of lawyers who had commitment to

work and put their soul and heart in every case. His drafting of pleadings
was excellent and with charity. He was very hard working who would slog
for 14/15 hours a day. He was very persistent and persuasive while
making submissions before the court. Acknowledging his merit, this Court
also designated him as a Senior Advocate.
I can not refrain mentioning two cases wherein he developed new

principle of law. A dispute of termination of a workman of MIs. Dunlop
(India) Ltd. was raised by the union and referred for adjudication. Later,
the union withdrew its support. The challenge was to its continuity by the
It' Workman. He developed the proposition that after the incorporation of
\
Section 2(a) in the year 1965 an individual could also raise dispute about
his termination which is to be treated as industrial dispute. It would not
matter whether the labour union had espoused the cause or not and
consequently, it was upheld.
In Greysham and Co. Vs. Regional Provident Fund Commissioner,
The Court accepted his argument that "Inam" paid to the workman under
the incentive scheme introduced in pursuance of a voluntary settlement
reached between the management and its employees cannot be a part of
'basic wages' for the purpose of calculating the contributions under the
Employees Provident Fund.
He was offered judgeship of this Court by Justice V.S. Deshpande,

the then Chief Justice. He declined the offer due to some compelling
circumstances. His son Justice A.K.Sikri had joined the Bar only a couple
of years ago. When he told his son about the offer and was asked why he
took such a step, his answer was "1 have not become a Judge myself, but
one day 1 shall be the father of a Judge. "
"Apart from being a good lawyer, he was a great human being a

man of pleasing manner, always smiling, He used to encourage young
lawyers a lot". Mr. K.K. Rai, Sr. Advocate still remembers the pattings and
encouragement by Sh. N.C. Sikri, while he was opposing him in a case. I
always had his blessings whenever, I got the occasion to meeting outside
the chamber, or when I had gone to meet him in the chamber.
But another remarkable trait in him was he was extremely religious

as well. He used to perform Hawan Yogna daily. He would also visit
Temple and Gurudwara everyday. He had attained great heights in
~ spiritualism.
,
On account of his inspiration and able guidance one of his sons is

the Judge of this court and other one, viz., Mr. Ravi Sikri is a practicing
Advocate. Mrs. Madhu Sikri, his daughter-in-law is an Advocate-on-
Record in the Supreme Court. His grand sons Mr.Saket Sikri and Mr.
Tanuj Khurana are also practicing in this Court. His son-in-law Mr. H.B.
..
Khurana is also an Advocate having practice in Taxation Laws. He is
survived of his wife, five sons and one daughter, who is married to
Sh.H.B.Khurana, Advocate. His one son Mr.Krishan Sikri is a Chartered
Account. It is cultured and sober family.
The greatest tribute that can be paid to him is to follow his

footsteps, and work with sincerity and passion. I, on my own behalf, and
on behalf of the office bearers and members of Delhi High Court Bar
Association express condolence to the bereaved family. We pray almighty
that his soul rests in peace.
(K.C. Miittal)
President
Dated:
SPEECH OF HON'BLE THE ~F JUSTICE IN THE FULL
COURT REFERENCE ON THE SAD DEMISE OF
SH. N. C. SIKRI, SENIOR ADVOCATE
My esteemed brother and sister Judges of the Bench,
Mr. P. P. Malhotra, learned Additional Solicitor General of
India, Mr. K. C. Miittal, President and other office bearers
of the Delhi High Court Bar Association, learned Members
of the Bar, members of the bereaved family, Ladies and
~'~ Gentlemen present.
demise of Mr.N.C.Sikri, Senior Advocate who breathed his last on
2nd March, 2008.
It is clear from what has been spoken by the previous
speakers, that Mr. Sikri chartered his life in a disciplined manner.
,,"'Mr. Sikri was a well accomplished lawyer of this Court who had
won the hearts of one and all by his pleasing manner and
inimitable style of advocacy. Even his opponents never felt
offended inside or outside the court. He had ambition and definite
focus from the very beginning. With commitment and hard work
he succeeded in realizing his dreams. I think secret of his
success was his strong will- power and determination to go
ahead, which he depicted till the end.
His practice achieved heights and soon he became a name
to reckon with in his area of specialization. He became Advocate-

Page lof3
®
on-Record in the Supreme Court and within few years, was
designated as the Senior Advocate by this Court. He appeared
not only in the various Courts in Delhi including Supreme Court
but had the distinction of appearing in almost all the High Courts
in this country. He built up his practice brick by brick and one
could find that at the peak of his career he had a host of
prestigious clients, number whereof kept on increasing.
I had the occasion to see him in his prime when he used to
.
."".- appear in my Court after I joined this Court in the year 1994. I
was greatly impressed by his pleasing manner and style of
advocacy. He always remained respectful to the Court and never
raised his voice in anger. At the same time he was very
persuasive.
On his demise, I visited Justice Sikri to condole his death.
At that time Justice Sikri revealed many other traits of his multi-
~
'faceted personality and various aspects of his life. One of such
instances narrated by Justice Sikri was the time of elevation of
Justice Sikri, when late Mr. N.C.Sikri reminded him that "he
was going to shoulder great responsibility and that it was
not going to be an easy path but he should do what he
thinks right and not to worry about the consequences."
I was also told that he was a religious person. He believed
that religion is an individual approach towards truth. One has to
go alone; one has to go in his own way; one has to find once own
Page2of3
@)
way. For him spiritual growth was a journey out of the microcosm
into an every greater macrocosm. It was a journey of knowledge
and not of faith alone. He tried to acquire such knowledge from
all sources. According to him the difference between the
impossible and possible lies in a person's determination.
With his demise, the legal fraternity has lost a stalwart. Shri
N. C. Sikri is survived by his wife Smt. Sikri, daughters and sons
including Hon'ble Mr. Justice A. K. Sikri.

_1'11
bereaved family and pray the Almighty to bestow upon them the
strength to bear the irretrievable loss.
silence for two minutes in the memory of late Sh. N. C. Sikri.
(Mukundakam Sharma)
Chief justice
(The Hon'ble judges will take their respective seats for a moment after
the silence, and it will be announced by Hon'ble the Chief justice as
under)

(Mukundakam Sharma)
Chief justice
Page30f3
C!J)
OBITUARY REFERENCE
My Lords, Hon'ble Chief Justice of High Court of Delhi, Mr.

Justice Ajit Prakash Shah and his Hon'ble Companion Judges, Mr. K.
C. Mittal, President, Mr. J.P. Sengh, Vice-President, Mr. D.K. Sharma,
Secretary and other office bearers of Delhi High Court Bar
Association, Mr. Praveen H. Parekh, President of Supreme Court Bar
Association, Central Government Standing Counsels, Ms. Mukta
Gupta, Standing Counsel for Government of Ncr of Delhi (Criminal),
Mr. Najmi Waziri, Standing Counsel for Government of Ncr of Delhi
(Civil) and Counsels for various statutory authorities and other
bodies, my esteemed colleagues at the Bar, His Lordship's bereaved
wife Smt. Prabha Tai, Hon'ble Mr. Justice Dhananjay Chandrachud
and Ms. Neema and other family members of Late Hon'ble Mr. Justice
Y. V. Chandrachud, ladies and gentlemen.
2. Late Hon'ble Chief Justice of India, Justice Y. V. Chandrachud

was born in July, 1920 at Poona. His Lordship had early education in
Poona and graduated from Elphinstone College, Bombay and passed
his law from University of Bombay, Law College, Poona in 1942. In
law, he stood First in First Class and had to his credit several awards
of the Bombay University including the Sir Nathubhai Mangaldas
Legal Scholarship, the Judge Spencer Prize, Gussie K. Kanga
Scholarship. His Lordship was enrolled in Bombay High Court in 1943
and simultaneously worked as a part-time Professor of Law in the
prestigious Government Law College from 1949 to 1952. In 1952 his
Lordship was appointed as Assistant Government Pleader at Bombay
High Court and six years later became a Government Pleader. His
Lordship was the senior-most Standing Counsel on the appellate side
of the Bombay High Court from 1958 until March, 1961. His Lordship
was well known and respected for his brilliant Advocacy. As Govt.
counsel many important cases including the famous and the well
known Nanavati Appeal in Bombay High Court were handled by His
Lordship.
3. His Lordship was appointed as a Judge of the Bombay High
Court on the 19th of July, 1961. His Lordship was appointed as a One-
man Commission for enquiry into the circumstances leading to the
death of Shri Deen Dayal Upadhyay, a well-know political leader.
4. His Lordship was elevated as a Judge of the Hon'ble Supreme

Court on 28 th of August, 1972 and on 22 nd of February, 1978, his
Lordship was appointed as the Chief Justice of the Hon'ble Supreme
Court of India and he served as Chief Justice of India from 22 nd of
February, 1978 till he retired on 11th of July, 1985 and remained as
Chief Justice of India for seven years 4 months, longest in the history
of the Hon'ble Supreme Court.
5. His Lordship held the office of the President of the International

Law Association, India Chapter, President of the Indian Law Institute
from March 1978 until 1985. His Lordship visited various countries at
the invitation of foreign Governments including the Governments of
U.K., U.S.A., Australia, USSR, China, South Korea and South Africa
and delivered lectures in various Universities. His Lordship took part
in various International Conferences of Lawyers and Judges and in
'"\
that capacity visited a large number of countries including France,
Japan, Canada, Hong Kong, Singapore, Philippines, Malaysia,
Indonesia and Trinidad and Tobago, as an invitee. His Lordship
lectured in Banjui, West Africa in 1990 on a Seminar on the "Role of
the Indian Supreme Court in upholding Human Rights and the
performance of that Court in the sphere of Public Interest Litigation".
His Lordship held various positions in social organizations, his
Lordship had been the Chairman of the Asiatic Society which
conducts an internationally known library in various cities including
Mumbai.
6. Late Hon'ble Mr. Justice Chandrachud's birth was a great gift to

this noble profession. His Lordship was a man always clear in his
thoughts and visions. His Lords as a patient judge without any
arrogance and possessed genuine sense of humility. His Lordship
treated lawyers and litigants alike. His Lordship was a great human
being, a true judge, a stalwart of judiciary and the judicial system.
His Lordship never liked wasting the Court's time. His Lordship
possessed excellent temperament, a great legal acumen, clarity, deep
knowledge, unassuming personality, quest for justice, honesty,
impeccable integrity, humane approach and gentle behaviour. His
Lordship was a true jurist and will always be remembered for the
precedents set by his path-breaking judgments.
7. His Lordship was an upright man, an upright judge and upright

arbitrator. Appearing before his Lordship was always a matter of
pride and pleasure. His Lordship was a man full of compassion and
robust integrity.
8. His Lordship is survived by his wife Smt. Prabha Tai, his

daughter Neema who practices law in Indianapolis, USA and his
Lordship's son, Hon'ble Mr. Justice Dhananjay Chandrachud who is a
sitting Judge of the Bombay High Court.
'9. I, on behalf of the Government of India, my esteemed

colleagues, Central Government Standing Counsels and other
Government Counsels request the Hon'ble Chief Justice of the High
Court of Delhi to convey our deepest condolences to Smt. Prabha Tai,
Hon'ble Mr. Justice Dhananjay Chandrachud, Ms. Neema and other
members of the bereaved family. May his soul rest in peace.
( P. P. Malhotra)
Date: 25-07-2008.
DELHI HIGH C ~ BAR ASSOCIATION
SHER SHAH ROAD, NEW DELHI-l 10003 TELEPHONES: 011-2338-5562, 2338-5943
Reference: Justice Yeshwant Vishnu Chandrachud
Hon'ble the Chief Justice, Mr. Justice A.P. Shah, Hon'ble

Judges, Sh. P.P. Malhotra, Ld .. ASG, Standing Counsel,
Delhi Government & Central Government, Senior
Advocates, Sh.D.K. Sharma, Secretary and other members
of the Executive of the Delhi High Court Bar Association,
fellow members and members of the family of Late Justice
Y.V. Chandrachud, ladies and gentlemen.
We have assembled to pay our homage to Hon'ble Mr.

Justice Y.V. Chandrachud, Former Chief Justice of India,
who after battling cardiac ailments for long, passed away
at Bombay Hospital. He would always be remembered as
a stalwart of judiciary.
Justice Yashwant Vishnu Chandrachud was one of the most

respected jurists, with an outstanding track record. He
topped his batch in Law College, being the only student, in
the year 1942, to emerge with a first class. From 1943 to
1961, he practised law in the Bombay high court, before
serving there as a judge between the years 1961 to 1972.
-- He then served as a judge in the Supreme Court between
1972 to 1985. He was the longest-serving Chief Justice of
G)
DELHI HIGH COURYilAR ASSOCIATION
SHER SHAH ROAD, NEW DELHI-110003 TELEPHONES: 011-2338-5562, 2338-5943
the Apex Court, having served in that office between 1978

and 1985.
In the words of Justice V.R. Krishna Iyer, Former Judge of

the Supreme Court, which I quote, "Justice Chandrachud
was the rarest of the rare as an accessible Chief on the
Supreme Court bench". Unquote "He was a great Judge
with progressive vision and his judgments were lucid.
Quoting again, in the words of Justice Krishna Iyer, "the
Country lost a great Judge, a magnanimous gentleman and
a compassionate upholder of constitutional values".
Unquote.
He was one of those, who took up the assignment as a

part time lecturer in Law Colleges imparting legal education
in building the excellence of legal professionals. Part time
lecture have been playing an important role in imparting
practical knowledge to the students and this mix of theory
and practical is essential to produce excellent lawyers
particularly in litigation but today the focus is only confined
to the Corporate Employment, diluting the importance of
legal profession. One of Justice Chandrachud's student,
who is shining in the legal profession, is Mr.Fali S.
Nariman, a leading authority on constitution. Mr. Fali S.
Nariman, while remembering Justice Chandrachud, who
SHER SHAH ROAD, NEW DELHI-II0003 TELEPHONES: 011-2338-5562,2338-5943
had the occasion to observe him as legal professional,

found him a prominent member of the appellate side Bar
of the Bombay High Court at the age of 40 and as
Government Pleader, Justice Chandrachud has made his
mark in the notorious Commander Nanavati shooting case.
It was his performance and excellence exhibition as a
professional, which brought him to the front rank of
Bombay lawyers. His acumen, mannerism and treatment
to the lawyers and litigants alike, old as well as young
members of the Bar have been exemplary. He was
appointed as the Judge of the Supreme Court at the age of
52.
Justice Chandrachud delivered several landmark judgments

during his tenure including one relating to maintenance of
Habeas Corpus Petitions filed by MISA detenues during
National Emergency. No doubt despite various High Courts
in support of the maintenance of habeas corpus, Justice
Chandrachud along with Justices A.N. Ray, P.N. Bhagawati
and M.H. Beg in a 4:1 verdict rejected the Petitions and the
only dissent vice was that of late Justice H.R. Khanna the
former Chief Justice of this Hon'ble Court and the Judge of
the Apex Court but a debate on issues of such national and
constitutional importance seems to be missing today.
Another judgement which is of great significance was that
~
DELHI HIGH coURi'BAR ASSOCIATION
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of Olga Tellis, the case which brought the Right to
Livelihood within the ambit of Article 21, i.e. Right to Life.
This was the case involving slum and pavement dwellers of
Bombay, in which Justice Chandrachud, stated and I quote
"An equally important facet of that right is the right
to livelihood because no person can live without the
means of living, that is the means of livelihood. If
the right to livelihood is not treated as a part of the
constitutional right to life, the easiest way of
depriving a person of his right to life would be to
deprive him of his means of livelihood to the point
of abrogation" Unquote. This goes to the root of basic
constitutional philosophy of a welfare state and goes to the
ends of justice i.e. Social, Economic and Political but
serious concern and conviction has now gone in oblivion.
He was a die-hard cricket fan and was appointed by the

Indian Cricket Board to probe allegations of betting and
match fixing in Indian cricket. That rocked the sport in the
nineties. He gave a clean chit to the Indian players. He
also headed the enquiry into the death of Sh.Deen Dayal
Upadhyaya, the leader of the Jan Sangh in Delhi as a One
Man Commission. He made his landmark contribution in
interpreting cruelty to include mental cruelty in the Hindu
~
DELHI HIGH CO~ BAR ASSOCIATION
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Marriage Act while he was the Judge of the Supreme Court

of India.
He was one of the well-known luminaries, and has left

behind a legacy, which will continue to inspire the new
generation in the legal profession. Justice Yeshwant Vishnu
Chandrachud would continue to enlighten us through the
works that he has left behind. Justice Dhanjay
Chandrachud his son, Judge of Bombay High Court who is
a product of Law Faculty, Delhi University is following his
footsteps.
-- Despite having reached at the pinnacle in judicial hierarchy

Justice Chandrachud has no ego hassle, which made him a
fine and true Human Being.
Our heart felt condolences to the bereaved family and we

pray the almighty to give them the strength to bear the
loss. We pray that his soul may rest in peace. We would
request the Hon'ble Chief Justice to convey our
condolences to the bereaved family.
.LltANC j}.J
(K.C. MIITTAL)
PRESIDENT
SPEECH OF HON'BlE THE CHIEF JUSTICE IN FUll COURT
REFEFRENCE ON THE SAD DEMISE OF HON'BlE MR.jUSTICE
V.V. CHANDRACHUD, FORMER CHIEF JUSTICE OF INDIA.
********
My esteemed brother and sister judges, Additional Solicitor
General of India, Chairman, Bar Council of India, President and
office bearers of Delhi High Court Bar Association, Standing
Counsel for the Central Government and Government of the NCT
of Delhi, learned members of the Bar, bereaved members of the
family, ladies and gentlemen.
We are assembled here to express our profound sense of
sorrow on the death of late Shri Y.V. Chandrachud, former Chief
justice of India, which took place in Mumbai on july 14, 2008.
And I consider it a sad but proud privilege that I am allowed to
pay my tribute to this great judge, a man whom we consider the
grand patriarch of the judiciary.
It is difficult to say in few words what this great man meant

_ rJ
to me and countless of his other friends and admirers. He was a
brilliant lawyer, a very learned and humane judge and above all a
great human being. His death has been a personal loss too deep
for words. It is sad to think that he is no more and sadder indeed
1
that his presence is no longer there to guide us in these difficult
times.
justice Chandrachud was born in a distinguished and erudite
family, his father was Diwan of the then Princely State of
Sawantwadi. He was a brilliant student and a voracious reader
and from early days in his school he acquired great mastery over
English, Sanskrit and Marathi languages. He won prestigious
"Hindu Raje" Scholarship in the year 1942, which had been won
by his father in 1912. Amongst many other awards, he also won
Sir Nathu Bhai Mangaldas Legal Scholarship, G.K. Kanga
Scholarship and judge Spencer Prize.
He stood first class first at the LL.B. Examination and joined
the Bar at Bombay. His brilliance was apparent and his rise in the
profession was meteoric. At the young age of 38, he was
appointed to the coveted office of Government Pleader, Bombay
High Court, where he made his high mark particularly in the
sensational Commander Nanavati case. He held that office with
great dignity and ability as is evident from the extremely high
esteem he was held in by the eminent judges, like justice Chagla
and justice Gajendragadkar.
2
As a judge in the Bombay High Court from 1961 to 1972, he
made a distinct mark by his erudition and legal scholarship. He
excelled in the art of writing judgments. Whatever branch of law
he dealt with, his judgments were characterized by incisive
analysis, original thinking, lucid exposition and felicitous
expression. One has just to open the pages of law reports to see
the depth of his learning and scholarship. He was truly one of the
greatest and finest judges that the Bombay High Court has
produced.
Mr.Fali S. Nariman in his tribute said about him that he
exhibited a genuine and refreshing sense of humility when sitting
in the seat of justice and his treatment of lawyers and litigants
alike - old as well as young - was simply exemplary.
He was a great strength to junior lawyers and many found
their feet in his Court. He had a certain innate courtesy and
treated everyone in his Court with politeness. One remarkable

...
thing about justice Chandrachud was that he saw to it that a
client, whose case was ill-argued or badly argued, did not suffer.
My brother Mukul Mudgal narrated to me that once in Supreme
Court a young lawyer argued a criminal appeal before justice
3
Chandrachud for quite some time. The judges did not know nor
anyone in the Court knew what he was saying. Finally justice
Chandrachud formulated an argument for him and said this is
what you are saying and admitted the appeal and granted bail.
That was his passion for justice.
justice Chandrachud was an accomplished public speaker.
Words came naturally to him and he always spoke extempore
\
without any notes. He regaled his audiences with his exquisite
-.i
command over the language and his deep study and
understanding of the subject at hand.
In his long and distinguished career as a judge of the
Supreme Court he delivered several landmark judgments - from
complex constitutional issues to the eviction proceedings under
rent laws, from questions of administrative laws to the death
penalty - and his analysis of the law was brilliant and original and
bore the testimony of his sensitive judicial mind.
In Rudul Sah v. State of Bihar, he laid the foundation of
the compensatory jurisdiction consequential upon the deprivation
of a fundamental right. He said the refusal of the Supreme Court
to pass an order of compensation in favour of the petitioner will
4
be doing mere lip service to his fundamental right to liberty which
the State Government has so grossly violated. Article 21 will be
denuded of its significant content if the power of the Supreme
Court were limited to passing orders of release from illegal
detention. The only effective method open to the judiciary to
prevent violation of that right and secure due compliance with
the mandate of Article 21, is to mulct its violators in the payment
of monetary compensation.
In Shah Bano Begum's case his modern interpretation of
Holy Quran was masterly. He held that there is no conflict
between the provisions of Section 125 Cr.P.C. and those of the
Muslim Personal Law on the question of a Muslim husband's
obligation to provide maintenance for his divorced wife who is
unable to maintain herself. In the same judgment, he expressed
his anguish that Article 44 of our Constitution has remained a
dead letter. He reminded the State that it is charged with the
duty of securing uniform civil code for all the citizens of the
country and unquestionably, it has the legislative competence to
do so. He then went on to observe "Inevitably, the role of the
reformer has to be assumed by the courts because, it is beyond
5
the endurance of sensitive minds to allow injustice to be suffered
when it is so palpable."
The judgment in Olga Tellis v. Bombay Municipal
Corporation is a testimony of his brilliant exposition of the
sweep of Article 21. To quote his words : "It does not mean
merely that life cannot be extinguished or taken away as, for
example, by the imposition and execution of the death sentence,
except according to the procedure established by law. That is but
one aspect of right to life. And equally important facet of that
right is the right to livelihood because, no person can live without
the means of living, i.e. the means of livelihood." D. Bhuvan
Mohan Patnaik v. State of Andhra Pradesh was perhaps the
first judgment by the Supreme court holding that convicts are
not.' by mere reason of the conviction, denuded of all the
fundamental rights which they otherwise possess. Justice
Chandrachud observed that though the Government possesses
the constitutional right to initiate laws, it cannot by taking law
into its own hands, resort to oppressive measures to curb the
political beliefs of its opponents. No person, not even a prisoner,
can be deprived of his life and personal liberty except according
6
to the procedure established by law.
In his Law Day speech delivered on 26 th November, 1979,
(almost thirty years back) Justice Chandrachud had said:
"An effective judicial system required not only
that just results be reached but that they be reached
swiftly.
****
I am no pessimist, but at times I see dark clouds
-J
gathering over law's rarefied atmosphere. There is
some evidence - feeble I suppose, feeble I hope - of
ecological pollution of the TaJ Mahal of Justice. Long
and interminable arguments, whisperings of heavy
professional fees, the unethically excessive impost of
court fees by the State which does not plough back its
profits from justice back into the cause of justice by
undertaking programme like free legal aid, the chronic
delays in disposal of cases and, may I say the not-so-
chronic delays in decision-making, are all matters
which require of the men of law a careful and urgent
attention .... I hope and pray that nothing that we will
7
.'
do shall tarnish the fair name of justice which can only
come from a keen social awareness, which involves a
nice and judicious balancing of conflicting interests."
He had almost prophesied a vivid description of what is
happening today.
He died as he would have wished to die after celebrating his
88 th birthday in the company of his family and friends. He has left
behind him his wife, a loving son and a daughter. He has left the
memory of a great name and enduring legacy of his judgments.
In the end I am tempted to quote a few lines from Julius
Caesar, which Mr.H.M.5eervai quoted to pay his tribute to Chief
Justice Chagla:
"His life was gentle; and the elements
50 mixed in him, that nature might stand up
And say to all the world, This was a man!".
(AJIT PRAKASH SHAH)

Chief Justice
8
., .
..
two minutes in the memory of justice Chandrachud.
(The Hon'ble judges will take their respective seats for a moment
after the silence, and Hon'ble the Chief justice will announce as
under)
adjourned for the rest of the day"
(AJIT PRAKASH SHAH)

Chief Justice
24th July, 2008
....
9
OBITUARY REFERENCE
OF LATE SHRI R. L. MEHTA &. LATE SH. GN AGGARWAL

Justice Ajit Prakash Shah and his Hon'ble Companion Judges, Mr. K.
C. Mittal, President, Mr. J. P. Sengh, Vice-President, Mr. D. K.
Sharma, Secretary and other office bearers of Delhi High Court Bar
Association, Central Government Standing Counsels, Ms. Mukta
Gupta, Standing Counsel for Government of Ncr of Delhi (Criminal),
Mr. Najmi Waziri, Standing Counsel for Government of Ncr of Delhi
(Civil) and Counsels for various statutory authorities and other
bodies, Shri Kirti Mehta and Shri Sunil Mehta, sons of Late Shri R. L.
Mehta, Shri Sumeet and Ms. Surbhi Mehta, grand-children of Late
Shri R. L. Mehta and his other relations, Smt. Uma Aggarwal, widow
of Late Shri G. N. Aggarwal, Shri Girish Aggarwal and Smt. Vasudha
Choudhary, children of Late Shri G. N. Aggarwal and his other
relations my esteemed colleagues at the Bar, ladies and gentlemen.
,
2. Mr. Mehta was a tall and a fair man; tall in all respects; tall in
. f'"
hOnesty, tall in integrity, tall in hard work and a man of tall

, ,
understanding and knowledge of goodness. Bhgawat Gita recites "Avi

.,
Bhutam Vibha Ketsu Taj gnnan Varam Viddhi Sahhivikam, i.e., a man
'1
of knowledge, a man who sees immutable existence in all beings,

~ndivided in the divided that knowledge known to be knowledge of
, .:
,"
g'bodness. He was not only a fair complexioned man, but fair in
actions, fair to the Hon'ble Court, fair to his clients, fair to the
opposite sides, fair in his arguments and, in fact, fair in all respects.
3. He was a simple and straight man. He practiced for nearly 72

years. I first met him in the year 1970 when I had shifted to this
Hon'ble Court. I had the pleasure and opportunity of often meeting
him. He was always kind, pleasant and smiling and was the only lead
Counsel for the CBI.
4. He had handled several important cases for the CBI including

the extradition of Jayanti Dharma Teja from U.K., prosecution of Mr.
R. K. Dalmia, the Baroda Dynamite case besides many other cases
and was awarded Padam Shree.
5. He was Public Prosecutor and a Legal Advisor to the CBI,

example of honesty and integrity. He was always thoroughly
prepared. He was a cool, modest, humble and always ready to help
the juniors in the profession. He was very well respected by the
Bench and the Bar because of his qualities of integrity, humility and
knowledge of law.
6. He is survived by four sons and a daughter. He and his wife it

appears lived for each other.
. ~
'. ,'~
, 1
;;
7. With the grace of God he never, had any ailment. He passed

away peacefully. He had gone to take bath and after returning from
the bath-room he just lay down and when his wife returned from her
bath she found him no more. He left for his heavenly abode on 27th
June, 2008. His wife late Smt. Satya Mehta passed away on 4th of
j
I ,
August, 2008 barely five weeks after his passing away in the same
manner. His two sons, Kirti and Sunil Mehta and his two grand-
children, Sumeet and Surbhi Mehta are lawyers practicing in this
Court.
8. As all souls have to leave the body God gave to this noble soul
a peaceful exit without giving any pain to the body.
9. Late Shri G. N. Aggarwal was the only child of his parents and
,I
after his degree from Pilani, Rajasthan he completed his law from the
t',·
Delhi University in 1959 and started his practice in 1964 with Late
Shri Ishwar Oass Garg a well-known and well respected lawyer in
Delhi. In the 60s Urdu was also used in Courts and Late Shri
Aggarwal learnt Urdu at the age of 33 to be perfect in law. Later in
1967 he joined the Chamber of Shri B. C. Mishra who was a well
respected lawyer at that time. After the elevation of Shri Mishra as a
Judge of this Hon'ble High Court, Mr. Aggarwal started practice on
the civil side. He had a roaring practice and was on the panel of
leading Banks and industries. He was an authority on the civil law
and had handled thousands of cases on Arbitration, Rent Contrdl,
':1 '
,'-
Hindu Law, Evidence and was always gifted with deep understanding
of fundamental laws like CPC and Evidence Act. We must have met
~housands of time in the corridors of this Court and I always used to
call him not by his name but called him "CPC" and he used to
respond. He mainly practiced on the Original side and the Appellate
Side.
10. He was a man of good knowledge and understanding and

possessed great will power. This can be seen from the fact that
though in 1997 he underwent face surgery because of cancer. His
I' face was disfigured due to that and developed a problem in speech,
yet he did not give up his practice and continued to work with the
'"
same zeal and carried on his profession till he passed away in July,
2008. He had a peaceful death. His son Girish Aggarwal is an
Advocate of this Court and is following his father's foot-steps and his
grand-son is also pursuing law.
11. Mr. Aggarwal was a man of great understanding; the

understanding of goodness, the understanding which knows action
,- ,
and' inaction, an understanding which knows what should be done

a'nd what should not be done, the understanding which knows fear
and fearlessness and bondage and salvation that is the
~ ' .. ~, ~
uhderstanding of goodness, as Bhagwat Gita recites.

f.,I"
12. I on behalf of the Government of India, my esteemed
colleagues Central Government Standing Counsels and other
Government Counsels request the Hon'ble Chief Justice of the High
Court of Delhi to convey our heartfelt condolences to Shri Kirti Mehta,
Shri Sunil Mehta, Shri Sumeet and Ms. Surbhi Mehta, and other
relations of Late Shri R. L. Mehta, Smt. Uma Aggarwal, Shri Girish
Aggarwal, Smt. Vasudha Choudhary and other relations of Late Shri
G. N. Aggarwal. May their Soul rest in peace!
;~ W
( P. P. Malhotra)
Date: 21-08-2008.
G0
FULL COURT REFERENCE ON 21 st AUGUST, 2008 ON
THE SAD DEMISE OF MR. R. L. MEHTA, ADV. AND
MR. G. N. AGGARWAL, ADV.
My esteemed Brother and Sister Judges, Mr. P. P.
Malhotra, learned Additional Solicitor General of India, Mr.
K. C. Mittal, President and other office bearers of the Delhi
. members of the bereaved families of Mr. R.L. Mehta and Mr.
G.N. Aggarwal, Advocates, Ladies and Gentlemen.
We have assembled here to pay our tributes to two
distinguished senior members of the Delhi High Court Bar
Association - Shri R.L.Mehta and Shri G.N.Agggarwal. An
American lawyer, John Davis, way back in 1946, while
addressing the Association of the Bar of the City of New
York defined the role of a lawyer with these memorable
words:
UTrue, we build no bridges. We raise no towers. We
construct no pictures .... There is little of all that we do,
which the eye of man can see.

@!J
But we smooth out difficulties; we relieve stress; we
correct mistakes; we take up other men's burdens and by our
efforts we make possible the peaceful life of men in a peaceful
state. "
Ladies and .Gentlemen, legal profession IS an
honourable profession, as ancient as magistracy, as noble as
virtue, as necessary as justice.
Legal profession has produced some of the finest and
most independent lawyers involved in the task of facilitating
of justice to the greater number of public in selfless and
righteous manner.
We have assembled here to mourn the death of Shri
R.L.Mehta, passed away on 27th June, 2008 and Shri
G.N.Aggarwal, passed away soon thereafter on 17th July,
2008.
Shri R. L. Mehta was one of the leading lawyers
practising in this Court. He began his legal career In
undivided India and after partition In 1947, migrated to

2
Csi~)
India. Being a first generation lawyer, he built up his
practice by dint of hard work, merit, and dedication. In
recognition of his achievements in the field of law he was
honoured with Padamshree in 1971.
As I am told, as a lawyer, Sh. Mehta was systematic and
meticulous and thorough with his briefs. His arguments
were crisp and well formulated. He was polite and
courteous with impeccable court manners. He gave respect
to others and it was returned to him in full measure.
His illustrious legal career spanned over 70 years
during which period he handled many important cases.
Shri Goral N arain Aggarwal was also one of the
leading lawyers at the Bar practising mainly on civil side in
this Court. His practice spanned over more than four
decades.
Shri Aggarwal was well known for his hard work, legal
knowledge, honesty, sincerity, his meticulous way of
working and forceful manner of propounding the cases of

3
his clients before the Courts. He was a leading advocate at
the Bar and was a Member of the Executive Committee of
Delhi High Court Bar Association in 1970s and also a
Member of Bar Council of Delhi.
Despite having undergone a major surgery and
contrary to the medical advice, it was his dedication and
sheer will power that he continued to work as an Advocate
~)
till the end came.
With the demise of Shri R. L. Mehta and Shri G. N.
Aggarwal, Advocates, the legal fraternity has lost - two
stalwarts, the near and dear ones - two fatherly figures and
the society - two generous and kind hearted men.
I would like to conclude with a beautiful quote from
James Russell Lowell:
."And I honour the man who is willing to sink
Half his present repute for the freedom to think
And, when he has thought, be his cause strong or weak
Will risk t' other half for the freedom to speak"

4
B
We convey our heartfelt condolences to the members of
the bereaved families and pray that the Almighty bestow
them with the strength to bear this irretrievable loss and
overcome these times of adversity.
silence for two minutes in the memory of late Shri R. L
Mehta and Shri G. N. Aggarwal.
(Ajit Prakash Shah)

Chief Justice
As a mark of respect to the departed souls, the

1/
5
-
SHER SHAH ROAD, NEW DELHI-II0003 TELEPHONES: 011-2338-5562,2338-5943
(3
<>
,">.1.:.2>
REFERENCE :SHRI GOPAL NARAYAN AGGARWAL AND SHRI R.L.

MEHTA
Hon'ble The Chief Justice, Mr. Justice A.P. Shah, Hon'ble Judges, Mr.P.P.
Malhotra, ASG, Standing Counsels, Delhi Government & Central Government,
Senior Advocates, Mr. J.P.Sengh, Vice President, Mr.D.K. Sharma, Hony.
Secretary, Members of the executive of Delhi High Court Bar Association,
fellow members, Members of the family of Late Shri Gopal Narayan Aggarwal,
and Late Shri R.L. Mehta, ladies and gentleman.
The Bar has lost two of its most distinguished members, Shri Gopal Narayan
Aggarwal and Shri R.L. Mehta. Both had long dedicated innings as a legal
professional and served this profession with a mission. Both belonged to the
old school of thoughts and maintained high standards and dignity in
profession and would always be guiding spirit for all and for the coming
generation to adorn the profession.
Shri Gopal Narayan Aggarwal, who had his schooling from Pilani, Rajasthan,
obtained law degree from Delhi University in the year 1959. He was relatived
to Late Shri Ishwar Dass Garg, Advocate, Former Chairman of the Bar council
of Delhi and the President of the Delhi Bar ASSOCiation, who inspired and
encouraged Shri G.N.Aggarwal to join the legal profession in the year 1964.
During this period he also acquired the wide knowledge of Urdu literature.
SHER SHAH ROAD, NEW DELHI-ll~ELEPHONES : 011-2338-5562,2338-5943
~'1)
Late Shri Gopal Narayan Aggarwal joined the Chamber of Late Hon'ble Mr.
Justice B.C. Mishra, when he was in profession and imbibed the qualities of
Late Justice Mishra. Late Shri. Aggarwal had specialized on the civil side and
argued a large number of leading cases in his 45 years of practice and he was
an expert in Civil Laws including Arbitration Law, Delhi Rent Control Act, Hindu
Law and the Evidence Act. He had a roaring practice and remained on the
panel of National Small Industries Corporation, Indian Overseas Bank, Bharat
Overseas Bank, Allahabad Bank for over two decades and was also the legal
advisor of Bank of Baroda, Ansal Group of Industries, Raunak Singh Group of
Industries. He has always been thorough and accurate in preparation of his
briefs as also the presentation in the court. He was very regular and used to
sit in the Court Room by 10.20 AM. He was also a member of the Executive
of Delhi High Court Bar Association in 1970's. He enjoyed an esteemed
position and was respected by everybody, the Bench and the Bar, both as a
person and as an advocate. He underwent a major surgery in the year 1997,
but despite that he was very regular in the courts and devoted his time and
energy vigorously, effectively and diligently without giving any chance of
complaint either to his clients or the Court. His only son, Mr. Girish Aggarwal,
Advocate, joined the profession in the year 1983, and has been following the
footsteps of his father. He is hard working and has created his own space in
the legal profession. His junior including ShrLSunii K. Mittal, Advocate a
member of the Bar Council of Delhi are well established in the profession.
SHER SHAH ROAD, NEW D~L.!::tOLlQ2 TELEPHONES: 011-2338-5562,2338-5943
~ b~/)
. .,.../
On 14th July, 2008, Shri G.N. Aggarwal complained pain in the stomach and
breathed his last in the morning of 1ih July, 2008. He left behind his well-
founded memories and the proud members of his family.
Sh. R.L. Mehta, who belonged to an industrialist family in Pakistan, had been
a brilliant student and an outstanding sportsman while at college. He
migrated to India during partition in 1947. He was a man of strong will and
impeccable integrity and because of his hard work and legal acumen, he
made his mark in the profession. In the year 1971, he was honoured with
Padamshree by the then President of India, His Excellency Shri V.V. GirL
During his illustrious career for over 70 years, he conducted landmark cases
including the extradition of Jayanti Dharma Teja from the UK, and has also
conducted the prosecution of. R.K. Dalmiya, in Baroda Dynamite Case. He
worked as Public Prosecutor and Legal Advisor to the CBI and is well known
for his honesty and integrity. He was a modest and humble man, who was
always ready to lend an ear and help to the juniors in the profession. He was
a man of golden words and was deeply honored and respected. He and his
wife Smt. Satya Mehta were made for each other as she always proved to be
the inspiring spirit for all his success. It is a well known fact to all his
colleagues that he used to spent most of his time outside profession with his
wife only. After his demise, Smt. Mehta also could not sustain long the
absence of his company and left for heavenly abode after sometime. He led a
very simple life and never had any lust for materialistic worldly desires. Mr.
Mehta passed away peacefully in the morning of 2ih June, 2008 in Mumbai,
J~ TELEPHONES: 011-2338-5562,2338-5943
SHER SHAH ROAD, NEW DlEL
~!-b/
//
leaving behind his legacy as a great professional, a thorough gentleman and a

family man. He was god fearing and a true karmyogi, who lived his life on the
principles of Bhagwad Gita in the true sense.
His two sons namely Shri Kirti Mehta and Shri Sunil Mehta and two grand
children namely Shri Sumeet Mehta and Ms. Surbhi Mehta are lawyers
practicing in this Court.
We all are proud of Late Sh. GN Aggarwal and Late Sh. RL Mehta as
they always contributed their best for preserving and promoting the nobility of
this profession. They will always be remembered by the generations to come.
I on my own behalf and on behalf of the Members of the BAR respectfully pay
homage to these two departed souls. I also pray to the almighty to give
courage to their respective families to bear this irreparable IOSSL >
·M-..{
.. -
(K.C. MIITfAL)
PRESIDENT
(~
FULL COURT REFERENC~-21st AUGUST, 2008 ON
THE SAD DEMISE OF MR. R. L. MEHT At ADV. AND
MR. G. N. AGGARWAL, ADV.
My esteemed Brother and Sister Judges, Mr. P. P.
Malhotra, learned Additional Solicitor General of India, Mr.
K. C. Mittal, President and other office bearers of the Delhi
members of the bereaved families of Mr. R.L. Mehta and Mr.
G.N. Aggarwal, Advocates, Ladies and Gentlemen.
We have assembled here to pay our tributes to two
distinguished senior members of the Delhi High Court Bar
Association - Shri R.L.Mehta and Shri G.N.Agggarwal. An
American lawyer, John Davis, way back in 1946, while
addressing the Association of the Bar of the City of New
York defined the role of a lawyer with these memorable
words:
HTrue, we build no bridges. We raise no towers. We
construct no pictures .... There is little of all that we do,
which the eye of man can see.

But we smooth out difficulties; we relieve stress; we
correct mistakes; we take up other men's burdens and by our
efforts we make possible the peaceful life of men in a peaceful
state."
Ladies and Gentlemen, legal profession IS an
honourable profession, as ancient as magistracy, as noble as
virtue, as necessary as justice.
Legal profession has produced some of the finest and
most independent lawyers involved in the task of facilitating
of justice to the greater number of public in selfless and
righteous manner.
We have assembled here to mourn the death of Shri
R.L.Mehta, passed away on 27th June, 2008 and Shri
G.N.Aggarwal, passed away soon thereafter on 17th July,
2008.
Shri R. L. Mehta was one of the leading lawyers
practising in this Court. He began his legal career In
undivided India and after partition In 1947, migrated to

2
®
India. Being a first generation lawyer, he built up his
practice by dint of hard work, merit, and dedication. In
recognition of his achievements in the field of law he was
honoured with Padamshree in 1971.
As I am told, as a lawyer, Sh. Mehta was systematic and
meticulous and thorough with his briefs. His arguments
were crisp and well formulated. He was polite and
courteous with impeccable court manners. He gave respect
to others and it was returned to him in full measure.
His illustrious legal career spanned over 70 years
during which period he handled many important cases.
Shri Gopal N arain Aggarwal was also one of the
leading lawyers at the Bar practising mainly on civil side in
this Court. His practice spanned over more than four
decades.
Shri Aggarwal was well known for his hard work, legal
knowledge, honesty, sincerity, his meticulous way of
working and forceful manner of propounding the cases of

3
his clients before the Courts. He was a leading advocate at
the Bar and was a Member of the Executive Committee of
Delhi High Court Bar Association in 1970s and also a
Member of Bar Council of Delhi.
Despite having undergone a major surgery and
contrary to the medical advice, it was his dedication and
sheer will power that he continued to work as an Advocate
till the end came.
With the demise of Shri R. L. Mehta and Shri G. N.
Aggarwal, Advocates, the legal fraternity has lost - two
stalwarts, the near and dear ones - two fatherly figures and
the society - two generous and kind hearted men.
I would like to conclude with a beautiful quote from
James Russell Lowell:
'- "And I honour the man who is willing to sink
Half his present repute for the freedom to think
And, when he has thought, be his cause strong or weak
Will risk t' other half for the freedom to speak"

4
•
®
We convey our heartfelt condolences to the members of
the bereaved families and pray that the Almighty bestow
them with the strength to bear this irretrievable loss and
overcome these times of adversity.
silence for two minutes in the memory of late Shri R. L
Mehta and Shri G. N. Aggarwal.
- J
(Ajit Prakash Shah)
Chief Justice
As a mark of respect to the departed souls, the

II
5
C :\Documents and Settings\om \Desktop\Speech-J ustice Jain - 05-03- 2009.d~
OBITUARY REFERENCE

Justice Ajit Prakash Shah and his Hon'ble Companion Judges, Mr.
K. C. Mittal, President, Mr. J. P. Sengh, Vice-President, Mr. D. K.
Sharma, Secretary and other office bearers of Delhi High Court
Bar Association, Central Government Standing Counsels, Ms.
Mukta Gupta, Standing Counsel for Government of Ncr of Delhi
(Criminal), Mr. Najmi Waziri, Standing Counsel for Government of
Ncr of Delhi (Civil) and Counsels for various statutory authorities
and other bodies, Hon'ble Justice Ms. Aruna Suresh daughter of
Late Hon'ble Mr. Justice J. D. Jain and his Lordship's other
relations, nears and dears my esteemed colleagues at the Bar,
ladies and gentlemen.
2. His Lordship was a cool, dignified, gentle, learned, simple

and unassuming Judge always offering a helping hand to junior
members of the Bar. Even after his retirement, his Lordship did
not give up any of the said qualities which were embedded in his
persona Iity.
3. . His Lordship served the judiciary for about 36 years. Though
his Lordship's stint in the High Court was not very long, but his
Lordship delivered many landmark judgments. After his

retirement His Lordship was appointed as Vice-Chairman of
Central Administrative Tribunal and remained there for about
three years and thereafter started his independent practice in the
Hon'ble Supreme Court of India. He was a well sought after
lawyer as well as Arbitrator. His Lordship had been shouldered

with heavy responsibilities by the Government on several
occasions. He had been appointed as
c:iDocuments and Settings\om\Desktop\Speech~Justice Jain ~ 05~03~2009 o d O ®
Chairman, Wage Board and also appointed to look into the

seniority matters after the merger of International Airport Division
and National Airport Division after reconstitution of the Airport
Authority of India eMI). His Lordship had been delegated various
important tasks by the Hon'ble Supreme Court including the
Chairman of High Powered Idgah abattoir Committee, Presiding

Officer of Permanent Lok Adalatas, including the Lok Adalat set
up by the Delhi Legal Service Authority pertaining to DDA & MCD
since June, 1999 and Lok Ada~at for DVB, BSES, NDPL, etc. On
the social front he was Founder Member of Mahavir International,
a voluntary, charitable and non-religious NGO, a Member of
Indian Council of Jurists.
4. His Lordship's approach in the legal matters had been very

cool, analytical. His Lordship was always gentle and cool headed.
His Lordship was down to earth human being both as a Judge
and as a lawyer. His Lordship was a brilliant judge and appearing
before his Lordship was always a pleasure.
5. I had the opportunity and pleasure of appearing before his

Lordship right from the days when he was a Senior Sub Judge
and upto the High Court. It was always a great pleasure and a
sense of satisfaction for appearing before His Lordship. Even after
his retirement when his Lordship resumed practice I had enough
opportunities of meeting him in the corridors of the Hon'ble
Supreme Court. I cannot forget the smiles and the affection
showered by his Lordship upon me whenever I used to meet.
Meeting his Lordship was a great pleasure and it gave me a sense
of achievement.
C:\Oocuments and Settings\om\Oesktop\Speech-Justice Jain - 05-
~;,:..;-.o.;",,--
6. I, on behalf of the Government of India, my esteemed

colleagues, Central Government Standing Counsels and other
Government Counsels request the Hon'ble Chief Justice of the
High Court of Delhi to convey our heartfelt condolences to
Hon'ble Ms. Justice Aruna Suresh, all other children,
grandchildren and other relations of Late Hon'ble Mr. Justice J. D.
Jain. May his soul rest in peace!
J~W~
( P. P. Malhotra)
Date: 05-03-2009.
G~
SHER SHAH ROAD, NEW DELHI-ItO 003 TELEPHONES : 011- 2338-5562, 2338-5943
Dated: 5th March, 2009

REFERENCE JUSTICE J.D. JAIN
Hon'ble The Chief Justice, Mr. Justice A.P. Shah, Hon'ble Judges, Sh.P.P.Malhotra, ASG,
Standing Counsel, Central Government, and Delhi Government, Senior Advocates,
Sh.J.P.Sengh, Vice President, Sh.D.K.Sharma, Hony. Secretary and other members of the
Executive of the Delhi High Court Bar Association, fellow members and Hon'ble Ms. Justice
Aruna Suresh and other members of the family of Late Justice J.D. Jain. Ladies and
gentleman:
We have assembled here to pay our homage to the departed soul of Justice Jagmandir
Dass Jain.
Justice Jain was a staunch believer in Jain religion, and his day would start by offering
prayers in a temple. In his long innings, spanning over 35 years he worked as Sub-Judge
at Amritsar, Senior Sub-Judge, Delhi in 1966, and before being elevated as Additional
Judge, Delhi High Court in 1979, he also functioned a Additional District and Sessions
Judge and District Judge, Delhi. As District Judge he delivered landmark judgments in
Sunder Murder case and Jeep Scandal case.
Justice Jain was a daring judge. I often had opportunity to appear before him as Additional
Standing Counsel, NDMC. He had the clarity of law. He was Bar friendly and used to
encoul'age the young advocates. While sitting in a division bench, dealing with cases he
would never hesitate in letting his dissent known. In matrimonial matters, he would go out of
his way in order to make the parties agree to a compromise so as to improve their relations.
Justice Jain, taught us the virtues of being humble and down to earth. Sh.R.P.Bansal,
Senior Advocate remember him as Justice Jain never forgot to go to Chandni Chowk to get
a rakhi tied from his sister on the occasion of Raksha Bandhan without fail. A man of high
esteem, always ready to help the poor and needy. In several cases he did not even take his
fee as an arbitrator involving a person not able to pay.
(£7'J
SHER SHAH ROAD, NEW DELHI-Ito 003 TELEPHONES: 011-2338-5562,2338-5943
2 :
In the words of Ld. Senior Advocate H.S. Phoolka, Justice Jain submitted a landmark report
in the 1984 sikh carnage which lead to indicting 280 police officials for conducting faulty
investigations and lead to filing of over 500 cases.
His retirement had no impact on his high spirit, and he continued to work with the same
zeal and enthusiasm. He made a positive contribution in holding Lok Adalat and was
actively involved with the Delhi Legal Services Authority in disposal of matters pertaining to
various authorities. He did not restrict his field of activities and made his contribution as
chairman Wage revision committee dealing with wages and pensionary benefits of
employees of Delhi Vidyut Board.
He was founder member of Mahavir International, a voluntary, charitable and non-religious

NGO established in 1979. He was a towering and charismatic personality dedicated to the
cause of ameliorating the hardship and suffering of poor and needy.
In his life span of 84 years he has left behind commendable achievements, which will
remain with us for the decades to come. He has left behind, his sons, daughters-in-law,
daughters, sons-in-law, grandchildren, and great grandchildren. Although he is not
physically present with us today, he remains in our hearts and memories.
We would request the Hon'ble Chief Justice to convey our heart felt condolence to the
bereaved family. We pray all almighty to give them the strength to bear the loss. Let his
soul may rest in peace.
(8)
REFERENCE ON THE SAD DEMISE OF JUSTICE J.D. JAIN,
FORMER JUDGE OF THIS COURT
My esteemed brother and sister Judges, Mr. P.P. Malhotra,
Learned Additional Solicitor General of India, Mr. K.C. Mittal,
President and other office bearers of the Delhi High Court Bar
Association, learned Members of the Bar, members of the bereaved
family, ladies and gentlemen.
We are assembled here today to express our profound sense of
sorrow on the sad demise of Justice Jagmandar Dass Jain, a former
Judge of the High Court of Delhi. Justice Jain breathed his last on
21st February, 2009 at Delhi after a spell of illness.
The story of the life of Justice Jain is one of great courage and
determination. Born on 21st March, 1924 in small town called Zeera
in District Ferozpur (Punjab), Justice Jain after matriculation went on
for higher studies to Lahore. Having graduated and acquired a
degree in Law, he entered practice at Lahore. After about three years,
he decided to serve in the judicial branch. He was appointed to
Punjab Civil Service where he joined as Sub-Judge on 4th August,
1950 at Amritsar. The judicial service took him to various stations
and jurisdictions and, thus, the experience gained in various
stations/jurisdictions groomed him into a fine Judge giving him
expertise in various branches of law particularly civil and criminal.
His service on deputation as Competent Officer in the Ministry of
Rehabilitation and then as a Regional Settlement Commissioner

(Bombay and Rajasthan) gained
C?')
him lot of exposure on
administrative law, thereby preparIng him for the higher
responsibilities in the future.
Destiny brought Justice Jain on post of Senior Sub-Judge to
Delhi in October, 1966. Soon thereafter he was promoted as
Additional District & Sessions Judge. When Delhi Higher Judicial
Service was organized in 1971, he was amongst the initial inductees.
He was elevated to the Bench of this court as Additional Judge on
19th October, 1979 and was made Permanent Judge on 10th May,
1983. He retired on 21.03.1986. During his tenure as a Judge of this
court he delivered a number of landmark judgments. As a Trial
Court Judge, he presided over a number of celebrated cases including
Sunder Murder case. On the bench of this court, his judgments
covered various disciplines including Criminal Law, Property or
Tenancy matters and Intellectual Property Rights. Some of the
important cases dealt with by him included J.R.D. Tata Vs. Payal
Kumar and Am., N.C. Sippy and Am. Vs. Prem Kumar, Narain
Singh Vs. State, Raj Rani Vs. Gian Chand and Sad a Nand and Ors.
vs. State. His uprightness, erudition, vision and learning is
universally acknowledged by members of legal fraternity. I am told
by the members of the Bar that Justice Jain was a very hard-working
and conscientious Judge.
Justice Jain retired from active judicial service in 1986, but he
did not let his talent and expertise remain unutilized. He initially
chose to practice as Senior Advocate in the Supreme Court of India.

He was then appointed as Vice-Chairman of Central Administrative
Tribunal in which position he served from 2nd July, 1987 to 20th
March, 1989. The State utilized his services periodically. He was
appointed as Chairman of Jain Aggarwal Committee in 1990 to
examine the cases relating to 1984 riots in Delhi. The Committee
carried out the arduous task of dealing with thousands of complaints,
mainly about inaction of or atrocities by law-enforcement agencies.
The representations and recommendations of the said Committee
nudged the executive into action on a large number of serious
contentious cases of the said period. In 1992, the High Court had
constituted what has come to be known as Idgah Abattoir Committee
under the Chairmanship of Justice Jain to monitor the working of
Idgah Slaughter House. The bye-laws of the new Modem Slaughter
House at Ghazipur are a result of the extensive studies and
deliberations undertaken by the said Committee. In 1994, he served
as Chairman of Wage Revision Committee dealing with wages of
employees of erstwhile DESU. He undertook a similar task for the
employees of National Airports Division in 1997.
In 1999, Delhi Legal Services Authority set up a permanent Lok
Adalat to deal with cases of Delhi Development Authority. Justice
Jain was the first Judge to serve on the Bench of the said Lok Adalat,
which rendered yeoman's service to the Alternate Dispute Resolution
System. Justice Jain was closely associated with a number of
organizations including Indian Council of Arbitration and Indian
Council of Jurists.
C!!)
Despite retirement, various engagements in the field of law and
advancing age, Justice J.D. Jain did not forget his roots. He had risen
from Judicial Services and he was keen to make his contribution in
return. He offered to share his experiences with the new crop of
Judicial Officers by volunteering to frequently come to Delhi Judicial
Academy. He remained a permanent visiting faculty till a few years
ago when his health started deteriorating.
Justice J. D. Jain was deeply involved in social service. Mahavir
International, a voluntary non religious NGO with the activities of
which he was associated would describe him as a towering and

U
charismatic personality dedicated to the cause of ameliorating the
hardship and suffering of poor and needy" .
Justice Jain had a fulfilling life. All his children are well settled
in their respective careers or profession. It is a matter of pride that
his eldest child Ms. Aruna Suresh is a sitting Judge of this Court.
While her other siblings chose to foray into fields other than law,
Justice Aruna Suresh followed the foot steps of her illustrious father
and has risen to this level from the Judicial Service. With the demise
of Justice Jain the legal fraternity has lost a stalwart and it will be
difficult to fill the vacuum created by his death.
bereaved family and pray to God to give them strength to bear the
loss. May Almighty bestow peace to the departed soul.

<23
".
I request you all to pay homage by standing in silence for two

minutes in the memory of Justice J.D. Jain.
(AJIT PRAKASH SHAH)

CHIEF JUSTICE
5th March, 2009
silence, and it will be announced by Hon'ble the Chief Justice as under).
As a mark of respect to the departed soul, the Court is

II
(AJIT PRAKASH SHAH)

CHIEF JUSTICE
1~?
SPEECH OF HON'BLE THE CHIEF JUSTICE IN -----
..-/
LL COURT REFERENCE ON
THE SAD DEMISE OF JUSTICE J.D. JAIN, FORMER JUDGE OF THIS COURT
My esteemed brother and sister Judges, Mr. P.P. Malhotra,

Learned Additional Solicitor General of India, Mr. K.C. Mittal,
President and other office bearers of the Delhi High Court Bar
Association, learned Members of the Bar, members of the
bereaved family, ladies and gentlemen.
We are assembled here today to express our profound

sense of sorrow on the sad demise of We n'ble MI. Justice
0. ~/tI"t'l.
Jagmandar Dass Jain, l(Judge of the High Court of Delhi. Justice
Jain breathed his last on 21st February, 2009 at Delhi after a spell
of illness.
The story of the life of Justice Jain is one of great courage

and determination. Born on 21st March, 1924 in small town
called Zeera in District Ferozpur (Punjab), Justice Jain after
matriculation went on for higher studies to Lahore. Having
graduated and acquired a degree in Law, he entered practice at
Lahore. After about three years, he decided to serve in the
judicial branch. He was appointed to Punjab Civil Service where
he joined as Sub-Judge on 4th August, 1950 at Amritsar. The
judicial service took him to various stations and jurisdictions
and, thus, the experience gained in various stations/jurisdictions
groomed him into a fine Judge giving him expertise in nfyr~id
branches of law particularly civil and criminal. His service on
deputation as Competent Officer in the Ministry of Rehabilitation
and then as a Regional Settlement Commissioner (Bombay and
Rajasthan) gained him lot of exposure on administrative law,
thereby preparing him for the higher responsibilities in the
future.
Destiny brought Justice Jain on post of Senior Sub-Judge to

Delhi in October, 1966. Soon thereafter he was promoted as
Additional District & Sessions Judge. When Delhi Higher
Judicial Service was organized in 1971, he was amongst the
initial inductees. He was elevated to the Bench of this court as
Additional Judge on 19th October, 1979 and was made
Permanent Judge on 10th May, 1983. He retired on
21.03.1986. During his tenure as a Judge of this court he
delivered a number of landmark judgments. As a Trial Court
Judge, he presided over a number of celebrated cases including
Sunder Murder case. On the bench of this court, his judgments
covered various disciplines including Criminal Law, Property or
Tenancy matters and Intellectual Property Rights. Some of the
~'
important cases dealt with by him included J.R.D. Tata Vs. Payal
Kumar and Anr., N.C. Sippy and Anr. Vs. Prem Kumar, Narain
Singh Vs. State, Raj Rani Vs. Gian Chand and Sada Nand and
Ors. Vs. State. His uprightness, erudition, vision and learning is
universally acknowledged by members of legal fraternity. I am
told by the members of the Bar that Justice Jain was a very hard-
working and conscientious Judge.
~c..NIU-
Justice Jain retired from active judicial duty in 1986, but he
did not let his talent and expertise remain unutilized. He initially
chose to practice as Senior Advocate in the Supreme Court of
India. He was then appointed as Vice-Chairman of Central
Administrative Tribunal in which position he served from 2nd
July, 1987 to 20th March, 1989. The State utilized his services
periodically. He was appointed as Chairman of Jain Aggarwal
Committee in 1990 to examine the cases relating to 1984 riots in
Delhi. The Committee carried out the arduous task of dealing
with thousands of complaints, mainly about inaction of or
atrocities by law-enforcement agencies. The representations
and recommendations of the said Committee nudged the
executive into action on a large number of serious contentious
cases of the said period. In 1992, the High Court had constituted
what has come to be known as Idgah Abattoir Committee under
®
the Chairmanship of Justice Jain to monitor the working of Idgah
Slaughter House. The bye-laws of the new Modern Slaughter
House at Ghazipur are a result of the extensive studies and
deliberations undertaken by the said Committee. In 1994, he
served as Chairman of Wage Revision Committee dealing with
wages of employees of erstwhile DESU. He undertook a similar
task for the employees of National Airports Division in 1997.
In 1999, Delhi Legal Services Authority set up a permanent

Lok Adalat to deal with cases of Delhi Development Authority.
Justice Jain was the first Judge to serve on the Bench of the said
Lok Adalat, which rendered yeoman's service to the Alternate
Dispute Resolution System. Justice Jain was closely associated
with a number of organizations including Indian Council of
Arbitration and Indian Council of Jurists.
Despite retirement, various engagements in the field of law

and advancing age, Justice J.D. Jain did not forget his roots. He
had risen from Judicial Services and he was keen to make his
contribution in return. He offered to share his experiences with
the new crop of Judicial Officers by volunteering to frequently
come to Delhi Judicial Academy. He remained a permanent
visiting faculty till a few years ago when his health started
deteriorati ng.
Justice J.D. Jain was deeply involved in social service.

Mahavir International, a voluntary non religious NGO with the
activities of which he was associated would describe him as "a
towering and charismatic personality dedicated to the cause of
ameliorating the hardship and suffering of poor and needy".
Justice Jain had a fulfilling life. All his children are well
settled in their respective careers or profession. It is a matter of
pride that his eldest child Ms. Aruna Suresh is a sitting Judge of
this Court. While her other siblings chose to foray into fields
other than law, Justice Aruna Suresh followed the foot steps of
.
,,' .
@
her illustrious father and has risen to this level from the Judicial
Service. With the demise of Justice Jain the legal fraternity has
lost a stalwart and it will be difficult to fill the vacuum created by
his death.

bereaved family and pray to God to give them strength to bear
the loss. May Almighty bestow peace to the departed soul.

l
two minutes in the memory of Justice J.D. Jain.
i.
(AJIT PRAKASH SHAH)

CHIEF JUSTICE
5th March, 2009
Justice as under).

(AJIT PRAKASH SHAH)

CHIEF JUSTICE
A·S. Chandhiok
TRIBUTE TO LATE PANDIT JAI RAM SINGH AND

MR. R.D. JOLLY, ADVOCATES.
MY LORD CHIEF JUSTICE, YOUR LORDSHIPS,

STANDING COUNSEL FOR GOVERNMENT OF
INDIA AND GOVERNMENT OF NATIONAL
CAPITAL TERRITORY OF DELHI, MR. K.C.
MITTAL, MR. J.P. SENGH, MR. D.K. SHARMA,
MR. ANIL GAUTAM, MR. NARESH THANA! -
OFFICE BEARERS OF DELHI HIGH COURT BAR
ASSOCIATION, AND OTHER BAR
ASSOCIATIONS, MR. N.S. VASISHT, MRS.
ROHINI JOLLY AND MEMBERS OF FAMILIES OF
LATE PANDIT JA! RAM SINGH AND LATE R.D.
JOLLY, RESPECTED SENIOR MEMBERS OF THE
BAR, MY COLLEAGUES AT THE BAR, LADIES
AND GENTLEMEN:
Every obituary or death as well, has an underlying and unpalatable

message or say, a truthful warning - memento mori - remember you
must die! We hate death. We fear to die. And all hate and fear end with
death. Socrates says: "nobody knows what death is, nor whether to
man it is perchance the greatest of blessings, yet peuple fear it as if they
surely knew it to be the worse of evils." We can quote mountains of on
death, but to escape, avoid or evade that, a way has yet to be invented.
That is why perhaps we accord utmost certainty to death.
We are here today to pay our homage to two of our colleagues, who are
no more with us - Respected Pandit Jai Ram Singhji and Mr. R.D. Jolly.
The former lived a full life, and the latter, had to leave the boat mid-way.
Bereavement is bereavement which has no equal, and no one likes to
lose a relative or friend, whether young or old.
Pandit Jai Ram Singh
Pandit J ai Ram Singh ji, affectionately called 'Pandit ji,' was no less than
a luminary. His life and practice witnessed history, not only the history
we read in school and college classes, but the history of litigation
connected with land acquisition and land revenue laws of Delhi and
1
A.5. Chandhiok
adjoining states. I do not know how many of our fraternity of his age
are amongst us now, in practice or otherwise.
In 1947, he took up ajob in Quetta (now in Pakistan), but could not stay
there long, as the pangs of partition compelled his retreat. He used to
tell the agonizing story of his return reflecting the pain and price men
had to suffer and pay, for man's own cruelty to man.
The plight of migrants, who became refugees, touched his heart. He

then decided to enter the profession and got enrolled as a pleader with a
view to rendering all possible assistance to such displaced people. He
joined the chambers of late Tara Chand Mathur, the legend in criminal
jurisprudence. Pandit ji assisted his senior in many landmark trials.
The fifties saw large scale acquisition of land by the government after
the acquisitions of 1905-11 for the development of the Imperial City of
Delhi. He proved that he could handle civil cases as well with the same
ease as he handles criminal cases. He helped many landowners whose
land were acquired by the government to get due and proper
compensation and also assisted the government in formulating reform
laws. Law volumes unfold the submissions made by him and his
contribution to furtherance of justice.
During my interactions with him, Pandit ji often used to stress on the

social dynamics of the judiciary and the role of lawyers in it. He used to
narrate the spirit of law students during his college days, with reference
to freedom movement and national issues. He often expressed despair
over the lack of interest shown by law students and lawyers in respect of
national issues. He was particularly concerned with corruption and
malpractices. Citing the risks he and his friends undertook as students
and young lawyers, he used to say that if we ignore the warning signals
of a social or political error, it won't be too long before we also are part
of that. Sitting too much on the fence would help the iron enter our
soul. He used to say that self-centered ambition and the attitude of
'smash and grab' have become the hallmark of life today.
Lawyer is a fearless warrior and a compassionate friend, according to
Pandit ji. He said it was high time that the Bench and Bar identify the
areas of fault and default and initiate corrective action to repair the
damage before it is too late. One is reminded of response of the US
Chief Justice Warren E. Burger when his senior Judge gently chided him
to wait for few years before saying what was wrong: "No, I am afraid
that if I wait too long I will get used to it" - followed it by
remarking - "My mother taught us that the time to fix cracks in
the plaster is when you first move into a house. Later you
don't pay attention to them."
2
A.5. Chandhiok
He was a compassionate senior and fine human being too.

He was at forefront of introducing farm houses in Delhi. He along with
his client late Feroze Gandhi, were the first of those who started this
venture, which has become a status vogue now.
Though Pandit ji acquired farm land and had a farm house in the
Chattarpur area, he was kind enough to donate his land for the
Chattarpur Temple in 1996.
However good or bad one's actions were or are, death spares none. He
is the greatest leveller. He levels the poor and rich, mighty and weak,
sinner and saint, and every one else with one stroke, leaving the
interment complete at the pyre or grave.
Pandit ji completed his interval, but of full life, on this earth and bade
goodbye to us, leaving behind Mrs. Singh, two sons and three daughters.
His son, Mr. N.S. Vasisht, followed the footsteps of his father and is a
known member of the Bar. Our hearts go out to them.
R.D. Jolly
On May 14, 2009, Mr. R.D. Jolly, affectionately called "RD" by his close
friends, left for his heavenly abode, after an incessantly brave fight
against a deadly disease for nearly two years. To every one's surprise, a
few months ago, after a stint of treatment, he resumed practice with
more vigor and renewed enthusiasm. When the disease formed a
formidable attack, he offered a befittingly stout resistance. The doctors
treating him were amazed at his ease, poise and courage. One could see
him running from one court room to another and that made every one
believe that nothing could ever win a fight with Mr. Jolly. He actively
felt as if he could do anything and unlock the infinite potential that he
learned was inside every one of us. He started once again to cherish life
and to see the divinity in every aspect of it. However, the irony was that
he never gave up, but the disease got the better of him. He is no more
amongst us. He was too young for the eternal journey, only about 57.
When we argue and win or lose cases, that everlasting arbiter of time -
death, follows us closely, with a winking eye and a mischievous murmur
- "wait! Next is you and I will give you no room to argue." Nobody,
however mightier or wealthier, has escaped him for ever. However,
death can only destroy, as Hemingway said, it cannot defeat man. Mr.
Jolly knew that time is running against him, yet he never let it bog him
down and was at his desk and on his legs, with fine ease and exceptional
charm.
3
A.S. Chandhiok
Mr. Jolly was a senior standing counsel for the Government of India at
the Income Tax side. His submissions regarding the scope of
reassessment under Section 147/148 of the Income Tax Act were well
appreciated by the Full Bench. He represented the Delhi Government
and Municipal Corporation very ably. About his court room
performances, I need not say anything here, as I am speaking of him in
the Hon'ble Court itself, where he was an expert, handling his cases.
Almost every one knew him. Though not bestowed with the designation
of 'senior,' he was no less than a senior when it came to the intricacies of
law. He passionately did his job.
From the sizable assemblage of legal fraternity and others who filed past
his mortal remains to pay their last homage showed the admiration he
won and the love and affection he enjoyed.
Often in our lunch recess, he used to speak about the cases that looked
too difficult, and how to unwind the mess with great ease, amusing us
with stories of many with their allegedly unaccounted monies. Stories of
Babu Jagjivan Ram to Charles Sobhraj to Sukh Ram to Mayawati used
to play rounds. He did these without causing a nick to the sanctity of
the brief and his integrity.
Mr. Jolly laid the canvass of ideals and values, virtues and wisdom. He
has drawn there the path of traditions and spirit, challenges and
milestones. He coloured the visions of a believer and an achiever, a
seeker and a leader. We must try to live upto his dreams and his
canvass. Had he been alive for few more years, he would have perhaps
been one among those most admired by the fraternity. My experience
with him reminded me the words of Lord Denning that "the barrister is
not the mouthpiece of his client.. ......He owes allegiance to a higher
cause. It is the cause of truth andjustice."
RD was my friend, a very dear and close one, for decades. His sudden
departure has caused me pain, perhaps as much to his family. It is only
when someone so close departs we realize the gravity of bereavement,
the value of life, the hollowness of our pride, prejudice and power that
we assume to possess. And life has that peculiarity, the power to forget,
the power to bear the loss and spring back to action. RD was a good
son, a good husband, a good father, a good friend and a good
professional - a good lawyer, his chosen vocation. He did utmost justice
to his clients. He loved and respected the profession so much that all of
his children got enthused and decided to become lawyers. His sons
Mohit and Sachit have already entered the profession and the youngest,
Rohit, is on his way. As the great poet Byron said, "Heaven gives its
4
A.5. Chandhiok
favourites early death." I do not find any other reason for such an early
departure of RD.
Silent yet committed, Mr. Jolly was adored by his friends and juniors.
As a person, he was a thorough gentleman with abundant compassion
for the less-privileged. He contributed immensely for charitable work
and purposes through organizations like the Freemason's Hall etc.
In his death, the Bar lost an eminent member, the Court an efficient
officer and his friends a very dear friend. Our hearts go out to Mrs.
Jolly, Mohit, Sachit and Rohit. May God give them enough strength to
bear the loss.
God has His own ways. A Full Court Reference after my taking over as
the Additional Solicitor General, had to be partaken by me with a sad
note, for paying homage and condolences.
With heartfelt condolences to the bereaved families, I pray for peace to
the departed souls of Pandit ji and RD. And pray, may God give their
bereaved families the strength to bear the loss.
MAY THEIR SOULS REST IN PEACE! THANK YOU.

July 15, 2009·
5
-~
DELHI HIGH COURTC:i ASSOCIATION
SHER SHAH ROAD, NEW DELHI-ItO 003 TELEPHONES: 011-2338-5562,2338-5943
REFERENCE: PT. JAI RAM SINGH AND SH. RAJ DEEPAK JOLLY
Hon'ble The Chief Justice, Mr. Justice A.P.Shah, Hon'ble Judges, Mr. Amarjit Singh
Chandhiok, ASG, Standing Counsels, Central Government & Delhi Government,
Senior Advocates, Mr. J.P.Sengh, Vice President, Mr.D.K.Sharma, Hony. Secretary,
Members of the executive, Mr.Sunii Kumar Mittal, Vice-Chairman, Bar Council of
Delhi, fellow members, family members of Late Pt. Jai Ram Singh and Late Sh. Raj
Deepak Jolly, ladies and gentleman.
We have lost two of our distinguished members, Late Pt. Jai Ram Singh and Late
Sh.Raj Deepak Jolly. We have assembled today to remember them and pay our
tributes. Pt. Jai Ram Singh had his successful innings in the profession and lived his full
life. As an expert in revenue laws, he was more popularly known as "Panditji", not
only in legal circles but almost in entire Delhi and neighboring areas. A man coming
from a rural background, a small town in Haryana, did his post graduation from St.
Stephens College and law from Delhi University in 1947. It was perhaps the vision of
his father, a school teacher, who provided the best possible education during those
days, particularly to a student coming from a rural background with limited
resources.
If a person from rural milieu realizes the utility and effectiveness of quality education,
he is best educated. For he, visualizes all opportunities coming from quality
education.
We understand and appreciate the efforts, guidance and sacrifices of a school

teacher in providing quality education to his both the sons. Panditji took a job in the
North Western Frontier, now in Pakistan, but came back to India during partition. This
was probably a turning point in his life, as in his 40 days journey to reach Delhi from
Quetta, he had harrowing experiences and witnessed the plights of the migrants,
which inspired him to this profession.
Not many, in the Bar would be knowing that he joined the legendry criminal lawyer,
Late Sh. Tara Chand Mathur and conducted criminal cases. He was a genius and if
he would have continued practicing in criminal law, he would have been a
renowned criminal lawyer. Undoubtedly, he was an expert in a different subject,
\
(i9~)
'\...._-.-~-,....'
since during that period because of the enactment of land reforms laws, he switched
from the criminal to revenue side. His rural background must have demanded to
play an important role in securing justice to the poor farmers. One need not describe
his achievements and the landmark decisions and his acumen in this branch of law
since he was so well known that you take of revenue law the name of Panditji would
automatically surface. The mass acquisitions of land in Delhi in the year 1950's was
another period when Panditjl, not only, opined on legal issue but was deeply
involved, whether be it the Government or the rural litigants. He was not confined to
Delhi, but was equally popular In the Punjab & Haryana High Court.
The farm house concept originated from his own farm house in mid 1950's which he
later gave to 'Chatfarpur Temple Trust', where lacs and lacs of devotees visit and
worship every day.
He is survived by his wife, two sons and three daughters. His son, Mr.N.S.Vasisht, a
well known advocate of Delhi High Court, who is a very dignified and eloquent.
'Death is a certainty but time is not known, life is uncertain, but the duration is
unknown'. The untimely departure of Late Sh. Jolly is unbearable, not for the family
alone but all of us in the Bar. Every member of the Bar got shocked on hearing the
news of sudden demise of Sh. Jolly. When my friend, Mr. Chandhiok informed me
about his demise, for a moment, I could not believe.
He was true to his sur-name and has always been smiling and talking to the
members of the Bar sweetly, politely and respectfully. Arrogance, stress, tension or
pressure of legal work was nowhere near him. Even while passing through the
corridors, he would meet everybody with joy and greet the members with affection.
Such qualities are rarely to be found. He did not stick to one particular subject of law
but had varied experience. He represented the Income Tax Department since 1995
and also acted as the Prosecutor for the same department for a number of years. For
almost 18 years, he worked on the criminal side representing the State as Additional
Public Prosecutor. Apart from legal acumen, his keen interested to help the poor and
needy, made him to work for jail reforms as a Court Commissioner consequently a
large number of jail inmates languishing due to inability to furnish surety bonds were
released.
He was counsel of Municipal Corporation of Delhi and appeared in large number of

Civil cases in the High Court and the Trial Court, on the original and appellate side.
While working for land and building department, he also dealt with cases land
acquisition case. He conducted cases before MACT. He started his practice with
Hon'ble Mr. Justice D.P.Wadhwa, who is now a retired Judge of the Hon'ble Supreme
Court of India, who was then practicing as a leading lawyer. He was also Joint
Secretary and the Vice-President of Delhi High Court Bar Association twice.
We still miss the smile of Mr. Jolly everyday but who can change the destiny. He is
survived by his wife and two sons, Mr.Mohit Jolly and Mr. Sachit Jolly who are in the
legal profession and are following his footsteps.
We all are proud of Late Pt. Jai Ram Singh and Late Sh. Raj Deepak Jolly, as they
always contributed their best for preserving and promoting the nobility of this
profession. They will always be remembered by the generations to come. I on my
own behalf and on behalf of the members of the BAR respectfully pay homage to
the departed souls. I also pray to the almighty to give strength to their families to
bear the loss.
Let their soul rest in peace.
(K.C .. Miittal)
PRESIDENT
05)
REFERENCE TO BE HELD ON WEDNESDAY, THE 15m JULY,
2009 AT 3.30 P.M ON THE SAD DEMISE OF PANDIT JAI RAM
SINGH AND SHRI R. D. JOLLY, SENIOR MEMBERS OF THE
BAR
My brother and sister Judges, Shri A. S. Chandhioke, learned
Additional Solicitor General of India, Shri K. C. Mittal, President, and
other Office Bearers of Delhi High Court Bar Association, Learned
Members of the Bar, Members of the bereaved families, Ladies and
Gentlemen.
We have assembled here today to pay tribute to two senior
members of the Bar namely late Pandit Jai Ram Singh, who passed
away on 15th April, 2009 and late Shri R. D. Jolly, who passed away
on 14th May, 2009.
Pandit Jai Ram Singh came from rural background. His father, a
school teacher, however, provided him best possible education.
Pandit Jai Ram Singh post-graduated from Saint Stephen's College,
Delhi and completed his law in the year 1947 from Delhi University.
After doing his Law, he took up a job in Quetta in the North
West Frontier State (now in Pakistan). After partition, he came to
Delhi. In the year 1949, he enrolled himself as a Pleader and joined

e
the chamber of Shri Tara Chand Mathur, one of the leading criminal
lawyers of the time. Meanwhile, various land reforms legislations
came to be enacted and large scale acquisition of land started for the
development of Delhi. This changed the course of his life and he
became an expert in land acquisition matters. I am told that he was a
master of land reforms and land acquisition laws. He practiced
mainly in the High Court and prior to that before the Punjab and
Haryana High Court. I am also told that the land on which the
famous Chhattarpur Temple is built belonged to him and he donated
it to the Temple Trust. This shows his magnanimity and desire to
return something to the society.
Pandit Jai Ram Singh is survived by his wife, two sons and
three daughters. His son, Shri N. S. Vasisht is a practicing Advocate
in this Court. With the demise of Pandit Jai Ram Singh the legal
fraternity has lost a veteran.
Shri R. D. Jolly did his graduation and law from Delhi
University and thereafter enrolled himself as an Advocate in the year
1977 and started practicing from the Chamber of Shri D. P. Wadhwa,
who was then a leading practicing lawyer and later retired as Judge
C9
of the Supreme Court. Shri Jolly practiced in almost all branches of
law. He worked in various capacities such as a Prosecution Counsel
and Senior Standing Counsel for the Income Tax Department,
Additional Public Prosecutor for Government of NCT of Delhi in
Delhi High Court. He also representated various other Departments.
Shri Jolly, while working as Additional Public Prosecutor, was
appointed as Court Commissioner to visit Central Jail, Tihar and to
make recommendations regarding those jail inmates, who had been
languishing in the Jail on account of their inability to produce surety
bond and his efforts in the matter came to be appreciated by this
Court.
Shri Jolly held the office of Joint Secretary and Vice President of
the Delhi High Court Bar Association. He also served Delhi Bar
Association in different capacities at different periods of time.
Shri R. D. Jolly is survived by his wife and three sons. His sons
Mohit and Sachit are practicing lawyers in this Court. The demise of
Shri Jolly is a great loss to the legal fraternity.

G
We send our heartfelt condolences to the bereaved families and
pray to God to give them strength to bear the loss and bestow peace
to the departed souls.
May I request you all to pay homage by standing in silence for
two minutes in the memory of late Pandit Jai Ram Singh and Shri R.
D. Jolly.
Chief Justice
15.07.2009
@
REFERENCE TO BE HELD ON THURSDAY, THE 17TH
DECEMBER, 2009 AT 3.00 P.M ON THE SAD DEMISE OF SHRI
SUDHIR KUMAR LUTHRA, SHRI DEVINDER KUMAR
KAPUR AND SHRI YOGESH JAIN, SENIOR MEMBERS OF
THE BAR
My esteemed colleagues, Shri A. S. Chandhiok, learned
Additional Solicitor General of India and President, Delhi High

~ .~~ J.if?A't >ec1 ~
Court Bar Association, other Office Bearers of Delhi High Court
J.
Bar Association, Learned Members of the Bar, Members of the
bereaved families, Ladies and Gentlemen.
We have assembled here today to pay tribute to three senior
members of the Bar namely late Shri Sudhir Kumar Luthra, who
passed away on 13 th August, 2009, late Shri Devinder Kumar
Kapur, who passed away on 17th October, 2009 and late Shri Yogesh
Jain, who passed away on 24th October, 2009. Much has already
been said about them. All of them were highly respected members
of the Bar and stalwart in their own right. However, at the cost of
~
repetition, I would say a few lines in regard to each le:J;-d
~-~.
Shri Sudhir Kumar Luthra graduated from Saint Stephen's
College, Delhi and completed his law in the year 1963 from Delhi
University. After enrolling himself, he joined legal profession.
Initially, he practiced in all streams of law but slowly drifted to
commercial, civil, industrial and company law matters. He started
practicing in this Court in the year 1979 and was in active practice
till his demise. He also worked as part time lecturer in the Campus
Law Centre, University of Delhi from the year 1976 to 1984. As an
Advocate, he was on the panel of Central Government, University
of Delhi, MCD and various Government undertakings. He was also
Senior Standing Counsel for Official Liquidator attached to this
Court. Shri Luthra was actively associated with the activities of Bar.
He held the office of Vice President of Delhi High Court Bar
Association for two years.
Shri Devinder Kumar Kapur did his graduation from Punjab
University, Lahore in the year 1947. After partition his family
shifted to Delhi. Shri Kapur did his law from Delhi University, in
1950. In the years 1952-53, he started practice in the district courts
of Delhi and thereafter in this Court. Besides being legal advisor to

('~~ .. \
~
various private and public sector companies, he practiced mainly
for individuals. He was also Central Government Standing
Counsel in this Court from the year 1983-85. Shri Kapur was
designated Senior Advocate by this Court in the year 1986.
His younger brother, late Justice S. K. Kapur was one of the
first four Judges of this Court. His son and daughter in law, Shri
Raman Kapur and Smt. Francesca Kapur are practicing lawyers in
this Court.
Shri Yogesh Jain got his law degree from Lucknow
University and started his practice in the year 1968. He worked in
the Chamber of late Shri Sultan Singh, Senior Advocate, who was
later elevated as Judge of this Court. Although, Shri Jain practiced
in all jurisdictions, he was a specialist in Original Side matters. His
knowledge of the Original Side practice led him to excel in the field
of Company Law and Arbitration. lie was an Advocate on Record
in the Supreme Court and was designated as Senior Advocate by
this Court in the year 1992.

The demise of Shri Sudhir Kumar Luthra, Shri Devinder
Kumar Kapur and Shri Yogesh Jain is a great loss to the legal
fraternity.
We send our heartfelt condolences to the bereaved families
and pray to God to give them strength to bear the loss and bestow
peace to the departed souls.
May I request you all to pay homage by standing in silence for
two minutes in the memory of late Shri Sudhir Kumar Luthra, Shri
Devinder Kumar Kapur and Late Shri Yogesh Jain.
Chief Justice
17.12.2009
(The Han 'ble Judges will take their respective seats for a moment after the
silence, and it will be announced by Han 'ble the Chief Justice as under)
As a mark of respect to the departed souls, the Court is

II

"
TRIBUTE TO LATE P.N. LEKHI

SENIOR ADVOCATE
MY LORD HON'BLE MR. JUSTICE MADAN LOKUR

THE ACTING CHIEF JUSTICE, YOUR LORDSHIPS,
KAMLA JI, AMAN AND MEENAKSHI LEKHI, OTHER
FAMILY MEMBERS OF LATE P.N. LEKHI, MR. P.P.
MALHOTRA, ADDITIONAL SOLICITOR GENERAL OF
INDIA, MR. D.K. SHARMA, SECRETARY, MR. KIRTI
UPPAL VICE PRESIDENT AND OTHER EXECUTIVE
COMMITTEE MEMBERS OF THE DELHI HIGH
COURT BAR ASSOCIATION, MR. VED PRAKASH
SHARMA, ADVOCATE AND FORMER CHAIRMAN,
BAR COUCIL OF DELHI, STANDING COUNSEL FOR
GOV[. OF INDIA AND THE GOVT OF NATIONAL
CAPITAL TERRITORY, OFFICE BEARERS OF OTHER
BAR ASSOCIATIONS, RESPECTED SENIOR
MEMBERS OF THE BAR, MY COLLEAGUES AT THE
BAR, LADIES AND GENTLEMEN:
Lekhi Saheb, who left for his heavenly abode on Sunday at

the age of eighty five, was an ordinary man, insofar as the
problems of ordinary men and women were concerned, in
terms of understanding their cause. When it came to
espousing their cause, he was no ordinary man, but a
valiant soldier, armed cap a pie with the rare combination
of law, logic and courage. Late Palkhivala said that "our
Constitution is primarily shaped and m01,llded for the
common man ... It is a Constitution not meant for the ruler,
but the ranker, the tramp of the road." And Lekhi Saheb, in
letter and spirit worked to espouse that. The analytical
rigour he displayed to bring home his arguments was quite
sharp and remarkable. The public interest litigations he
fought remain testimony to his conviction and spirit.
1
With his departure, we lost one more doyen who witnessed
the partition, and who lived to tell us that tale. Most of us
have experienced only strikes for one cause or the other of
the least magnitude; where as Lekhi Saheb was deeply
involved in the Quit India Movement and suffered
imprisonment many a time. As Secretary of the Students
Congress and organizer of "Free INA Prisoners" movement,
he was arrested and imprisoned. I had the good fortune of
personally sharing his experiences in many a meeting with
him. We opposed each other in matters and Delhi High
Court Bar election as well, but each time, it was a learning
experience for me. Knowledge, from whomsoever it comes,
has that rare power of attraction. Knowledge has the
essence of truth, whereas information can lack it. We live
in a time where information is taken and mistaken as
knowledge.
Lekhi Saheb was a topper in civil service examination.
When fed up with the malfunctioning of the system, he quit
the civil servant's job and took to law. There too, he was a
winner. He was a gold medalist. Though not as
comparison, let me add that I too was a gold medalist in
law securing the first position, but cannot claim to be
nowhere near him. He knew the value of scholarship and
that took him to heights without his asking. As time rolled,
he became a designated senior as well, which his
contemporaries perhaps envied at.
He was absolutely fearless and a spirited lawyer from the
day he wore the gown. Though joined the Bar much late
than his contemporaries, yet he made it to the top because
of his brilliance, commitment and exceptional ability.
Brilliance, ability and commitment are the deadly trio
combination that leads one to success. Lekhi Saheb was
endowed with these in ample measure.
Time constraint does not permit me to mention the cases
he handled that had become prominent in history. He had
a special charm for fighting the establishment. Though his
preferred field was criminal law, he handled almost all
branches of law with equal ease and dexterity. His
2
ftS cfiarufliio~
appearance before the Shah Commission, prosecuting the

N agarwala case, defending Satwant Singh, the Jharkhand
Mukti Morcha case, Best Bakery case etc., would remain
etched for ever. A man, whose heart always throbbed with
righteousness, compassion and commitment, and rebelled
against injustice and inequality, Lekhi Saheb would always
remain in the forefront to fight for the cause.
When he was upset with a judgment, he never concealed
his views. He openly expressed his resentment. He was
fearless in expressing his political remarks as well. For
example one can look at the criticism he made against the
then NDA dispensation in handling the militants' issue.
He was popular because of his qualities and the confidence
the fraternity had in him. He was President of the Delhi
High Court Bar Association for five times, two times in
consecutive succession! His love for the Bar and that the
Bar had for him is evident that he contested an election
when he was detained in prison in 1976 and emerged
victorious. As a mark of respect to him, the Bar Association
has passed a resolution this morning, mourning his death
and paying exemplary tribute to the leadership he offered
to the Bar. He believed that the Bar contributes more than
anyone else to the locomotion of the justice system and
nothing can better judge the judges.
When we contested against each other once, he did not fail
to congratulate me and wish me the best. It was not mere
good wishes, but was blessings from the bottom of his
heart. His words and expression clearly meant that. I still
cherish that and keep his blessings as my source of
strength.
Shakespeare in Twelfth Night said that "Some achieve
greatness, and some have greatness thrust upon them."
Lekhi Saheb undoubtedly belonged to the former category.
He sought to humanize and de-mechanize not only the
process of law, but revamp a kind of social set up or
perhaps a primitive type mindset as well. His crusade
against honour killing is an example. He said that
3
JtS, CfiandTzio{
"offences like honour killing are social offences and strict

laws are needed to combat them." While emphasizing the
need to educate people as law alone does not act as a
deterrent, he did not forget to add that "the panchayats
have been over the number of years doing the same thing
and under the existing law of the land, they could have
been tried as conspirators." His words challenge not only a
dehumanized way of behaviour, but the public conscience
also, for tolerating such atrocities and thereby being
silently passive to that.
"Life levels all men, death reveals the eminent," said
George Bernard Shaw. We the mortals are destined to
learn the value only after the loss, perhaps irretrievable
loss. Lekhi Saheb lived a full life; a life created by him, and
left a legacy for his next generation. Arnan Lekhi followed
his illustrious father's footsteps and is a senior advocate.
Meenakshi, his daughter in law and Vandana, his daughter
and his grandson, are also in the same pT"ofession. Lekhi
Saheb will always remain a torch bearer of the Bar, who
would strongly advise us with the example of his life to
stick to one's conviction in the worst of adversities for
public good and national interest. He strongly advocated
service before self.
I think I can safely repeat the words of Arnan Lekhi about
Lekhi Saheb.
"Indomitable courage, impeccable integrity, immeasurable
intelligence and relentlessness in the pursuit of perfection,
Lekhi Saheb was a virtuoso performer of championship
character. Aristotle has remarked that "excellence is an art
won by training and habituation and that we do not act
rightly because we have virtue of excellence, but rather we
have those because we have acted rightly. And act right
Lekhi Saheb always did; his versatility, fidelity, rectitude and
sincerity being peerless, unmatched and unparalleled. Lekhi
Saheb had a very successful life measured not only by the
range and sweep of his accomplishments as a civil servant,
lawyer, social activist and an unprofessional politician, but
by the opposition he encountered always from the mightiest
4
)f..s. Cliaruffrio~
in the land and the supreme courage with which he

maintained the struggle to uphold his principles against odds
which were always overwhelming. His professional
achievements are very well known, he being part of many
landmark cases, tribunals and commissions also holding at
different times several very important positions both in law
and lay fields. What is not as well knoWl: is that he started
his career as a lawyer almost two decades after his
contemporaries. But he by sheer intelligence, grit,
determination and passion surpassed all of them to be not a
lawyer as conventionally understood but one unique and
legendary, an institution in himself indeed sui generis on
whose death signals the end of an era! Paraphrasing
Woodrow Wilson, Lekhi Saheb did not live merely to make a
living but lived more amply, with greater vision and finer
spirit of hope and achievement than most. While the global
repute and respect which he earned showed that range of
Lekhi Saheb was international, his first love as a lawyer was
this Court which he nourished as his baby. Even the status
of his son was, as compared to this Bar, that of an adopted
baby. His office was open to anyone who was oppressed,
troubled or in need and dare anyone wrong a lawyer to excite
from him a response which was vicious and truly destructive.
His famed aggression, however, was but a vent for his
passion; he never abused it for personal gain or advantage
and always directed it in aid of a right.
The severity to which he subjected others was mild
compared to the discipline he administered to himself. He
imposed on himself a rigorous routine even till the very end
when God ordained his innings over, and while being
physically very frail, not only was his alertness and
perspicacity unaffected but he remained fiercely
independent, never seeking or expecting any help or support
when he was attempting to walk and only when he slumped
he was in Arnan's arms!
As Machiavelli said where willingness is great, difficulties
cannot be great. The spirit of Lekhi Saheb was always
superior to circumstances. A more cultivated intellect, a
5
Jf.S CliatufhioR..
greater diversity of interests, a finer range of emotions and

firmer commitment to justice than what imbued in him
would be impossible to find."
will stay on. Our hearts go out to Arnan, his sisters,
Meenakshi and other members of the family. Our
condolences and prayers are with them. May God grant
them enough strength to bear the loss and may his soul rest
In peace.
Thank you.
A.S. Chandhiok
March 2, 2010 .
.....
6
TEXT OF THE SPEECH DELIVERED BY SH.VED PRAKASH SHARMA,
ADVOCATE (FORMER CHAIRMAN, BAR COUNCIL OF DELHI) ON
BEHALF OF BAR COUNCIL OF DELHI IN THE FULL COURT
REFERENCE TO PAY HOMAGE TO SHRI P.N. LEKHI, SENIOR
ADVOCATE, ON 02.03.2010.
Hon'ble The Acting Chief Justice, Justice Madan B.

Lokur,
Companion Judges of the High Court,
Additional Solicitor General of India, Sh. P.P.Malhotra,
Additional Solicitor General of India &. President, Delhi

High Court Bar Association, Sh.Amarjit Singh
Chandhiok,
Leaders of the Bar,

Esteemed Members of the Bar,
Ladies &. Gentlemen,
When I joined the Bar in 1976, Mr. P.N. Lekhi was
lodged in jail. Those were the days of emergency. I
distinctly remember; he contested the first election
for Presidentship of the High Court Bar Association
while still in jail and he polled more than 80 0/0 of the
total votes. This was a glowing tribute and massive
mandate by the members of the Bar to his qualities of
boldness and fearless commitment to individual
freedom and protection of true democratic values.
Sh.P.N. Lekhi stood for these values throughout his
life. He was an iconic figure and roll model for every
advocate concerned with dignity, honour and prestige
of the Bar.
2
Mr. P.N. Lekhi was ever willing to extend a helping
hand to every member of the Bar without caring for
the price and the cost it entailed.
Mr. P.N. Lekhi was a true and genuine leader of both
the Bar and the legal profession.
He made Delhi Bar feel rich and proud by his amazing
qualities of head and heart.
His passing away has created a void and made the
legal fraternity poorer.
On behalf of the Bar Council of Delhi, I join each one
of you in paying respectful homage to the revered
memory of Mr.P.N. Lekhi.
I pray to God for peace to the departed soul and
strength to his family and all of us to bear this loss.

Mr. Chandhiok, President of the Delhi High Court Bar Association and learned
Additional Solicitor General, Members of the Executive of the Delhi High
Court Bar Association, Mr~ Ved Prakash Sharma on behalf of the Bar Council
of Delhi, my brother and sister judges, learned advocates, family members of
Mr. P.N. Lekhi, ladies and gentlemen.
We have assembled today to pay homage to one of the finest advocates
belonging to the Bar of this Court.
In the past, many legal luminaries from all parts of India have argued
-
<. momentous cases touching upon virtually every aspect of our life and this Court
has delivered many historic judgments that wOlJ,ld make each one of us proud.
Many of those legal luminaries have had a fleeting impact. But one man who
has consistently had an influence in and on this Court over a long period of
time, has been Mr. P.N. Lekhi - a senior advocate par excellence.
Very briefly, it may be· said that Mr. Lekhi had participated in the
freedom struggle while still a student and had also been arrested for his
(" activities. Soon after independence, he decided to join the executive branch but
"-
since he came in conflict with some vested interests, he resigned from service
and joined the Bar. He was designated as a Senior Advocate in 1977 and during
1
his illustrious career, he argued many important cases and was rightly
recognized as a stalwart and doyen of the Bar.
Having been associated with Mr. Lekhi as an instructing lawyer, as an
opposing counsel and having had the benefit of his forensic assistance as a
judge, I think that at least three of his qualities clearly stand out and need
special mention.
First and foremost is his industry and studiousness which went into every
case that he dealt with. This itself has two facets - knowledge of the facts of the
case and then the law applicable or the direction in which the law should
r develop. Mr. Lekhi was fully ready with every case on both counts. He was
familiar with each page of the brief and it is very difficult to recall any instance
when he asked for an adjournment. Fairly recently, when he was keeping
somewhat indifferent health, Mr. Lekhi had appeared in my Court .and knowing
his 'physical condition I asked him whether he was ready to go on with the case.
As .expected his answer was in the affirmative. He added that he would not
accept a brief if he was unable to justice to it. Such was his commitment - and it
is this that made him a formidable opponent.

.,- Added to this was the fact that he was fully armed in every case with the
relevant case law. It is often said that precedents constitute the armoury of a
lawyer and in this respect Mr. Lekhi could not be outdone. He had with him the
necessary precedents to back up his submissions. What is important for every
2
lawyer is not only to have judgments that are in your favour, but also those that
are against the proposition sought to be canvassed. It is only when you know the
strengths and weaknesses of your opponent that yoU' can match him. An
accomplished advocate is one who follows these basic tenets scrupulously and
in this regard, Mr. Lekhi was a role model.
Judges tend to ask what are sometimes referred to as strange questions.
This is not out of ignorance· but to test the correctness of the submissions made
by learned counsel and their universal applicability. A lawyer needs to
anticipate these questions and, if I may say so, Mr. Lekhi was a master of this
anticipation particularly because of his deep study of the relevant case law
pertaining to the brief that he was arguing. This is an art that every lawyer needs
to acquire, and Mr. Lekhi had inculcated it in great measure.
The second important quality of Mr. Lekhi as a lawyer was his humility
and fairness to the Court.
Sometimes, knowledge tends to breed arrogance. This did not happen
with Mr. Lekhi. He was always ready with his case, as I have mentioned, but
this did not foster in him a sense of superiority over his opponent. He was far
too seasoned and mature for that and this is what made him respect his
opponent, however junior he might be. It is this respect that he had for his
opponent and also the Court that made him humbly put forth his view point,
without being submissive. Yes, there were occasions when he was forceful and
3
forthright in his submissions, but these were always tempered with graciousness
and modesty. This is a fact often lost sight of. Mr. Lekhi knew very well the art
of being polite yet firm, humble yet compelling and re~pectful without being
deferential. He knew very well that no lawyer has won a case by annoying a
judge and no lawyer has lost a case by maintaining a high standard of etiquette
and decorum.
This is where fairness to the Court becomes important - and Mr. Lekhi
exemplified this in large measure. In this regard, I can do no better than to quote
from the decision of the Supreme Court in S.R. Venkataraman v. Union of
India} :
c
"Mr Lekhi, learned Counsel for the Union of India, produced the
relevant record of the appellant for our perusal. While doing so he
frankly conceded that there was nothing on the record which could
justify the order of the appellant's premature retirement. He went
to the extent of saying that the Government was not in a position to
support that unfair order.
"So when it has been conceded by Mr Lekhi that there was nothing
on the record which would justify the impugned order dated March
26, 1976, of the appellant's premature retirement under clause (j)(i)
of Rule 56 of the Fundamental Rules, and that the Government was
not in a position to support that unfair order, that order must be set
aside, for it amounts to an abuse of the power which was vested in
the authority concerned."
How many lawyers today can afford to take the bold stand that Mr. Lekhi
unflinchingly took more than 30 years ago?
1 (1979) 2 see 491
- I i
@
Finally, Mr. Lekhi showed rare integrity and commitment to the noble
profession that we all belong to. One of the foremost duties of a lawyer is to
protect the rights, liberty and fundamental freedoms of every citizen. Mr. Lekhi
was a champion of these causes. That he was preventively detained under the
o
Maintenance of Internal Security Act in the mid-1970s was an unfortunate
event. That he was elected virtually unopposed as the President of the Delhi
High Court Bar Association while in preventive custody speaks volumes not
only of the commitment that this Bar has to our fundamental rights but an
acknowledgment of the services of Mr. Lekhi to the cause of democratic
freedoms.
Mr. Lekhi stood for integrity not only in the administration of justice but
also purity in governance. It is for this reason that he campaigned for these
causes through the medium of public interest litigation. His contributions
through several cases pertaining to probity in public life, be it in the matter of
elections or parliamentary affairs or civic issues are well-known and need no
repetition. A few exampleso of such cases are B.L. Wadhera v. State of NeT of
Delhi concerning the lathi charge on lawyers on 24th February, 2000; Raja
Ram Pal v. The Hon'ble Speakel concerning Parliamentary privileges and
expulsion of members for alleged unethical and corrupt practices; Rashtriya
2 AIR 2000 Delhi 266

3 (2007 3see 184
5
Mukti Morcha v. Suraj MandaI concerning alleged bribery for voting in a
particular manner in a no-confidence motion in Parliament. The list can go on.
We only need to remind ourselves that the causes that Mr. Lekhi stood for
were dear not only to him but to the entire legal fraternity. It would be a fitting
"
tribute to Mr. Lekhi if the members of our Bar emulate him in this respect.
Mr. Lekhi had many more wonderful qualities about him and this
selection is only limited. If the members of the Bar, particularly the young
lawyers, follow in the footsteps of Mr. Lekhi that have guided many of us, they
would be doing a great service not only to the noble profession to which we
belong but also to the cause of justice that all of us hold so dear.
( With this homage, I convey the heartfelt condolences of my brother and
sister judges and myself to the bereaved family. May the soul of Mr. Lekhi rest
in peace!
4 1996 (38) DRJ 250
6
BAR COUNCIL OF DELm
Head Off. : 216, Sirl Fort In8tutional Area Khel Gaon Marg
New Delhi· 110 049 Phone: 26498356, 26.95195, 26495196
Branch Office: I-F, Lawyers' Chambers, High Court of Delhi
Ref No . ........................... . 8
New Delhi - 110 003 Phone: 23387701 '
Dated .. ..t"J..:p..1..:.&.t?W...
COpy OF THE RESOLUTION PASSED BY THE BAR COUNCIL

OF DELHI IN ITS CONDOLENCE MEETING DATED
19.07.2010
" The members are immensely grieved and pained by

the sad demise of their Chairman and a beloved
member of Bar Council Sh. K.K. Sareen, under whose
leadership, the Council had been progressing towards
the upliftment and welfare of the lawyers, the system
of dispensation of justice and growth of lawyers
fraternity. The members expressed their heartfelt
condolences and sympathy with the bereaved family
and pray to the Almighty to bestow courage to
Mrs.Sareen, his son Aman Sareen, his daughter
Mrs.Ritu and other family members to bear this
immense and untimely loss. "
lJ~~·~~
NITIN AHLAWAT
HONY. SECRETARY
SPEECH OF HON'BlE THE CHIEF JUSTICE IN FUll COURT REFERENCE TO
BE HELD ON WEDNESDAY, THE 24TH AUGUST, 2011 AT 3.00 P.M. ON
THE SAD DEMISE OF LATE SATYA PRAKASH AGGARWAL, SENIOR
ADVOCATE.
My esteemed peers on the Bench, Mr.A.S. Chandhiok, learned Additional
Solicitor General of India and President, Delhi High Court Bar Association, Mr.Rakesh
Tiku, Chairman Bar Council of Delhi, Mr.D.K. Sharma, the Hony. Secretary, Delhi High
Court Bar Association, Mr. Kirti Uppal, the Vice-President of the Delhi High Court Bar
Association, learned members of the Bar, the family members of late Satya Prakash
Aggarwal, Ladies and Gentlemen.
We have assembled here today to mourn the sad demise of Late Satya
~~
Prakash Aggarwal and to pay~ribute to him. The 24th April, 1932 witnessed the birth
of a child born to a reputed lawyer Late Jai Prasad Aggarwal, a practicing lawyer at
Lahore. Gradually, the young child, grew and with dint of labour came in flying
colours in the matriculation examination from DAV High School, Lahore. With the
~ ...J. ~ III:~ &,~'\
passage of time, the entire family of late J.P. Aggarwal had to shift to Delhi in the
year 1947. Late Satya Prakash Aggarwal graduated from Delhi University and
completed his post graduation in economics from Punjab University. The hunger for
i.
education acted as a catalyst and he, with passion, joined the faculty of law in Delhi
University. He obtained the degree in law in 1957 and enrolled as an Advocate with
the Bar Council in 1960.
He read in the chambers of Late Radhey Lal Aggarwal, a reputed senior
counsel of this Court and thereafter further studied in the chambers of late Justice
Hardiyal Hardy while he was a lawyer.

I have been told that late Satya Prakash Aggarwal was a respected lawyer and
believed in nobility, integrity and sincerity of th;;' profession and that earned him
respect from all quarters. His hard work, knowledge, sobriety, presentation and
a...v.. ~ ".
astuteness earned him eminence in the field of civil law. The High Court reeegRizea'
his talent ~designated him as a senior counsel in 1991. Regard being had to his
experience of the civil law, his views were taken for carrying out the amendments in
the Code of Civil Procedure. During his five decades of practice, he constantly
maintained the consistency of nobleness of the profession and never for a moment
deviated from the dignified path.
The inevitable happened on 14th July, 2011 and he left for the heavenly abode.
Though, I did not have the occasion to interact with him but I have been apprised
that he remained a tall man till the end and lived his life on his own terms with
dignity and purpose.
The sad demise of Late Satya Prakash Aggarwal has caused a great loss to the
legal fraternity. I on my own and on behalf of mr~~ his demise and

pray to the Almighty to bestow immense strength on the bereaved members of the
family to bear the loss.
We further beseech the Lord Almighty to rest the departed soul in peace.
As a mark of respect to the departed soul, we shall observe silence for two
minutes.
Chief Justice
24.8.2011
(The Hon'ble Judges will take their respective seats for a moment after the silence,
and it will be announced by Hon'ble the Chief Justice as under)
"As a mark of respect for the departed soul, the Court work shall remain
suspended for rest of the day."
Hon'ble Chief Justice, Hon'ble Judges, family members of Late Shri Milon K.
Banerji & Late Sh. K. K Sareen , Additional solicitor general, President, vice-
President, Hony. Secretary & other executive of High Court Bar Association,
Hon'ble members Bar Council of Delhi, Standing Counsels for NCT of Delhi,
Presidents & secretaries of other Bar Associations, Sr. Advocates, and my
collogues.
Shri Milan K. Banerji, formerly Attorney General of India, was born on

2ih September 1929. His father Prof. A.C. Banerji, IES, was a Wrangler and Owst
prize holder at Clare College Cambridge, Vice-Chancellor of the Allahabad
University and President of the Indian Science Congress. His mother Smt. Probha
Banerji was India's first Hony. Lady Magistrate and the only lady member of the
forty member Allahabad Municipal Board which included Pandit Jawaharlal
Nehru, Lal Bahadur Shastri and Dr. Kailash Nath Katju.
He started his law practice in the Allahabad High Court in 1955 and shortly
thereafter shifted to Calcutta where he built up a leading practice in commercial,
constitutional and arbitration matters. He quite often appeared in the Supreme
Court in that period. In Calcutta, he spent his earlier years in part-time teaching
in the Law College of Calcutta University, and also as a Law Reporter for the
Indian Law Reports, Calcutta.
He shifted to Delhi in 1979 upon being appointed as Additional Solicitor
General of India. Shri Banerji had the unique privilege of being a Law Officer
during the times of five different Prime Ministers, as Additional Solicitor General
[1979-1986], Solicitor General [1986-1989], Attorney General [1992-1996] and
again as Attorney General [2004-2009], being the only person to be ever
appointed four times to the post.
He was awarded the second highest national award, the Padma Vibhushan, by the
President of India in the year 2005.
The death of Mr. Benerji is the great loss to the legal fraternity. His contribution
to the noble profession exceptional and will remember for a long time. He was
the guiding force for us.
- -- ~ ..
'" -
She Kewal Krishan Sareen was born on 28
th
December 1946 in a small
village in Distt Ropar (Punjab). At the age of 18 he joined the Railways and also
continued his studies. He completed his LLB from evening college Delhi University.
Meanwhile in the year 1972, he was married to Smt Kiran Sareen who belongs to
Chandigarh.
In the year 1978, Sh K.K.SAREEN resigned from the Railways & joined the Legal
profession. Sh. K.K.SAREEN was always eager to work for the betterment of the
legal fraternity and therefore contested the elections of the New Delhi Bar
Association. He was elected on various posts in New Delhi Bar Associations.
He was also appointed as Convener of Delhi Pradesh Congress Committee (Legal

Cell).
Sh. K. K. Sareen was a leading criminal lawyer in District courts of Delhi and
Hon'ble High Court of Delhi and handled the cases of immense importance from
the prosecution as well as the defense side.
Sh. K. K. Sareen was elected as the Chairman of the Bar Council of Delhi in the
term starting 2003. He served as a Chairman for a second term again in 2010.
Sh. K. K. Sareen is survived by his wife, smt Kiran Sareen, a son and a daughter.
His son Sh. Aman sareen is an advocate practicing as a criminal lawyer in Delhi. He
is married to Smt. Purva Sareen who is judicial officer in Delhi.
Sh. K. K. Sareen was always keen to help the junior members of the Bar. He was
involved in Various decisions of Bar council of Delhi.
My own behalf and on behalf of the Bar Council of Delhi place on

records the condolence on the said demise of Mr. Millon k. Banerji &
Sh. K.K.Sareen, I pray to the almighty to give Courage and strength to
their Family to bear the loss.
- ------~----~------"-.-- ,--I I '~" .. '

TRIBUTE TO
LATE MR. MILON KUMAR BANERJEE, SENIOR ADVOCATE
AND
MR. KEWAL KRISHAN SAREEN, ADVOCATE
MY LORD CHIEF JUSTICE, YOUR LORDSHIPS,

STANDING COUNSEL FOR GOVERNMENT OF INDIA
AND GOVERNMENT OF NATIONAL CAPITAL
TERRITORY OF DELHI, MR. KIRTI UPPAL, MR. D.K.
SHARMA, MR. RAMESH GUPTA AND OTHER OFFICE
BEARERS OF DELHI HIGH COURT BAR
ASSOCIATION, MR. JAIVEER NAGAR, ACTING
CHAIRMAN, BAR COUNCIL OF DELHI AND OTHER
MEMBERS OF THE DELHI BAR COUNCIL AND
OTHER BAR ASSOCIATIONS, MY ESTEEMED
COLLEAGUE, MR.GOURAB BANERJEE, ASG AND MR.
P. P. MALHOTRA, MRS. KIRAN SAREEN AND MR.
AMAN SAREEN AND MEMBERS OF FAMILIES OF
LATE MILON KUMAR BANERJEE AND LATE KEWAL
KRISHAN SAREEN, RESPECTED SENIOR MEMBERS
OF THE BAR, MY COLLEAGUES AT THE BAR, LADIES
AND GENTLEMEN:
Today, we are here to pay our homage to two of our senior
members, who passed away within the past ten days. On
July 17, we lost Mr. Sareen and three days later, on the 20 th
of July, we lost Mr. BaneIji. Death's irrevocable demand
Page 10f9
A.S. Chandhiok
does not recognize any seniority created by us or age itself!
It picks and chooses its own way - Mr. Sareen was little
over 63 and junior in profession whereas Mr. Banerji was
about 81 and very senior in profession and standing.
Mr. Banerji was tall not only in height, but his legacy flows
far beyond the boundaries of India. Leaving behind a
leading and lucrative practice in Kolkata, Mr. Banerji, by
then already a designated senior, moved to Delhi, when he
was appointed an Additional Solicitor General of India, in
the year 1979. Here, he had come to stay. As a Law Officer
of the country, he had a matchless record. He served the
country for about nineteen years holding the offices of
Additional Solicitor General, Solicitor General and Attorney
General, the last position for two terms - 1992 to 1996 and
2004 to 2009. And that is a record, except the long stint of
the legendary M.e. Setalvad, who continuously remained in
that august office for about thirteen years:
Page 2 of9
A.S. Chandhiok
Mr. Banerji appeared in a number of important cases for
the government. He had conducted and resolved many
international arbitrations successfully, the latest being the
well-known Dabhol case. I had appeared before the
Tribunal in London in connection with this arbitration
alongwith him. In a matter arising out of this, I had the
chance of appearing before this Hon'ble Court also
alongwith Mr. Banerji. I fondly remember that he chose me
to argue the matter, rather than doing it himself. There
were enough occasions of consultations and meetings with
him. I fondly remember them and the man, who was
considerate and courteous. He used to say that he always
wished to be able to associate with lawyers of impeccable
integrity, who would make him think harder, benefit from
their ideas and analysis, improve upon them and use them
better. His lifestyle bore simplicity and kindness and was
devoid of vanity.
Mr. Banerji had won many laurels, the most notable
amongst them being the Padma Vibhushan, and his election

Page 3 of9
A.S. Chandhiok
to the position of an Honorary Bencher of the Hon'ble
Society of Lincoln's Inn, London. He was a permanent
member of the Permanent Court of Arbitration at The
Hague.
All in all, Mr. Banerji had an illustrious career and reached
the pinnacle of the profession which anyone in the field
would look with awe and envy. He is survived by two sons
who are also well settled in the legal profession. Mr. Debal
Banerji is a senior advocate and Mr. Gourab Banerji is an
Additional Solicitor General of India.
Three days prior to Mr. Banerji's eternal departure, Mr.
Sareen walked the way. Mr. Sareen's is a different story.
He had a humble beginning. After his graduation, he had to
work to earn a living. His passion saw him complete the
law degree and pursue the profession. His chosen arena
was criminal law, where he battled well and secured a
position. He was the public prosecutor for the Government
of Delhi and a Special Public Prosecutor for the CBI. He
Page 4 of9
A.S. Chandhiok
ardently believed that no eloquence, no quickness or wit, no
knowledge of law can be a substitute for the mastery over
facts. Facts in their logical array would outshine wordplay.
Mr. Sareen's immediacy with members of the Bar and their
appreciation for him, are evident from the fact that he was
the elected Secretary of New Delhi Bar Association for a
number of times, once its President and of late was elected
the Chairman of the Bar Council of Delhi. His popularity in
the Bar was tremendous. His election to the aforesaid
positions amply demonstrates that. His finest quality was
his innate humility. He wore his learning and achievements
lightly. And was always tolerant too.
He was so resolute when it came to fighting injustice.
Consequent to the police atrocities against a peaceful march
of lawyers to the Parliament House, he as President of the
New Delhi Bar Association associated with the Delhi High
Court Bar Association, the Bar Council and pursued the
matter which ultimately led to amendments to the Code of
Page 5 of9
A.5. Chandhiok
Civil Procedure and foreign lawyers have yet to see the
official green signal to set up practice in India. He was fully
active, agile and•vigilant when it came to matters
concerning the Bar. He was a visionary leader, who well
understood that willing followers are as essential as
visionary leaders to sustain an organization or institution.
Without that even the best of institutions will fail and fall.
Mr. Sareen is survived by his wife, Mrs. Kiran Sareen, son
Arnan and daughter Ritu. It is heartening that Aman and
his wife are in the path chosen by Mr. Sare~n. While Arnan
is a lawyer practicing on the criminal side, his wife Purva is
an Officer of the Delhi Judicial Service.
Despite all the claims one can make or get regarding his
contribution to his country and countrymen, it is time who
evaluates everything finally and keeps his imprints in its
chest. Lawyering is a very confidential profession. Much of
the brilliant work is done behind closed doors. The public
know very little about lawyers. The most brilliant of
Page 6 of9
A.S. Chandhiok
arguments is remembered only momentarily. They are not
kept recorded. As the Bar renews itself with new talent,
history forgets the older ones.
It has been said by Alexis De Tocqueville that "the
profession of the law is the only aristocratic element that
can be amalgamated without violence with the natural
elements of democracy and be advantageously and
permanently combined with them." We stand at such a
point of time to think aloud again as to "who lives if India
dies and who dies if India lives?" And we are also at such a
point that the administration of justice suffers from many
an affliction. It is the Judiciary and the Bar that protect
democratic values and human rights from all possible
onslaughts. Justice must flow like a mighty river. Then
only it can nourish people and let them live a fearless life.
This must be well understood by each member of the Bar
and the Bench. Let the lives of the departed leaders inspire
us.
Page 7 of9
A.S. Chandhiok
Today, the Goddess of Justice is wearing a black arm band
as she mourns the loss of two of her stalwarts. Her tears
but only add force to the flow of the mighty river of justice
that marks their legacy.
Every death has an underlying and unpalatable message or
say, a warning - memento mori - remember you must die!
We hate death. We fear to die. And all hate and fear end
with death.
To borrow the American Poet Longfellow's words, we can
say that these stalwarts have proved that life is not an
empty dream and things are not what they seem. To quote
Longfellow further,
"Lives of great men all remind us

We can make our lives sublime,
And, departing, leave behind us
Footprints on the sands of time."
In the death of Mr. Banerji and Mr. Sareen, the Bar lost two
eminent members, the Court two efficient officers and their
friends two very dear friends and their family their heads.
Page 8 of9
A.5. Chandhiok
Our hearts go out to Debal and Gourab, Mrs. Sareen, Arnan
Purva, and Ritu and rest of the families. May God give
them enough strength to bear the loss.
AND MAY THE DEPARTED SOULS REST IN PEACE.

July 27, 2010.
Page 9 of9
DIPAKMISRA 9, Akbar Road
New Delhi-110011
CHIEF JUSTICE
23387949 (0)
23792644-45 (R)
23782731 (Fax)
27th July, 2010
Dear Mr. Banerji,
The Full Court assembled on 27th July, 2010 to pay homage to your
revered father late.Shri Milon Kumar Banerji, Senior Advocate & former
Attorney General of India, who breathed his last on 20th July, 2010.
I am enclosing herewith copies of the references made on that

occasion by the Additional Solicitor General of India & President, Delhi
High Court Bar Association, Acting Chairman, Delhi Bar Council
as also the reference made by me on behalf of the Full Court.
On behalf of the Full court, I convey our heartfelt condolences to

you and your family.
- May the Almighty bestow peace to the departed soul.
With regards,
Yours sincerely,
fo...~
(Dipak Misra)
Mr. Gourab Banerji, Additional Solicitor General of India

AB-19, Tilak Marg,
New Delhi-llOOOl
- /,Y(..-.. .J
/ .I e::-i ""1
~o)~WI\)
SPEECH OF HON'BLE THE CHIEF JUSTICE IN FULL
COURT REFERENCE HELD ON THE 8 th SEPTEMBER,
2011 AT 3.00 P.M. RE THE BOMB BLAST ON 7.9.2011
My esteemed peers on the Bench, Mr. A.S. Chandhiok, learned Additional

Solicitor General of India and President, Delhi High Court Bar Association,
Mr. Rakesh Tiku, Chairman, Bar Council of Delhi, Mr.D.K. Sharma,
Honorary Secretary, Delhi High Court Bar Association, the executive
members of the Delhi High Court Bar Association and learned members of
the Bar.
Today we have assembled here to mourn the sad demise of the people who,
in a most unexpected turn of events, breathed their last yesterday, that is,
7.9.2011, which will be written as one of the saddest day in the human
1... history. I call it the saddest as it is a day when the humanity in certain
elements of society has been incredibly and disastrously buried and justice,
which is the most glorified aspiration of an orderly and civilized society,
was attacked by taking recourse to a bomb blast near gate NO.5 of the most
cherished institution, the High Court of Delhi. The incident intended to
paralyze the functioning of the High Court that dispenses justice without
fear or favour but because of the total solidarity of the learned and
courageous members of the Bar and my esteemed colleagues, the Court
work functioned at 2:15PM.
I would like to apprise the learned members of the Bar that yesterday, there
was a Full Court where the Full Court discussed the unfortunate and tragic
incident of the bomb blast that occurred in the vicinity of the High Court
premises, causing deaths and grievous injuries to the lawyers, staff
members and the public at large. The Full Court condemned the cowardly
act of carrying out the bomb explosion. The Full Court condoled the deaths
and grievous injuries to the innocent persons and expressed solidarity. To
combat and defeat the endeavours of the malcontents to disturb the smooth
Page 10/2
functioning of the High Court and other public institutions, it was decided
to continue to work undeterred.
I must state with all humility at my command that the cooperation of the
Bar, the litigant public and my peers is extremely laudable and I am sure
the forces who want to de-stabilize the justice dispensation system and our
sense of fraternity would never be successful as the solidarity between the
Bench and the Bar is unshatterable and does not allow any dent to be
created. I am absolutely certain that we shall stand in unity in all
unexceptional circumstances and trying times.
The loss that has been caused to the families who have lost their kith and
kin yesterday cannot be redeemed. The persons who have sustained
injuries, their anguish and agony is difficult to assuage. We should and we
t, do with highest respect express our deepest homage to the departed souls
and further condole for their bereavement in this tragic incident. We share
our concern, sympathy and sentiments with the persons who have been
injured.
We pray to the Almighty to allow the departed souls to rest in peace and
beseech the Lord to bestow the bereaved families to endure the loss with
courage and fortitude. We also pray to the omnipresent that the victims of
injury to regain normalcy and also to have the courage to bear the trauma .
f
• The history shall stand testimony that all of us present here and the
litigants who visit this Court faced the situation with bravery, courage and
inflexible determination.
Thank you.
Page2of2
SPEECH OF HON'BLE THE CHIEF JUSTICE IN FULL COURT REFERENCE TO
BE HELD·ON WEDNESDAY, THE 24TH AUGUST, 2011 AT 3.00 P.M. ON
ADVOCATE.
- Prakash Aggarwal and to pay tribute to him. The 24th April, 1932 witnessed the birth
of a child born to a reputed lawyer Late Jai Prasad Aggarwal, a practicing lawyer at
Lahore. Gradually, the young child, grew and with dint of labour came in flying
colours in the matriculation examination from DAV High School, Lahore. With the
passage of time, the entire family of late J.P. Aggarwal had to shift to Delhi in the
year 1947. Late Satya Prakash Aggarwal graduated from Delhi University and
completed his post graduation in economics from Punjab University. The hunger for
education acted as a catalyst and he, with passion, joined the faculty of law in Delhi
University. He obtained the degree in law in 1957 and enrolled as an Advocate with
the Bar Council in 1960.

believed in nobility, integrity and sincerity of the profession and that earned him
astuteness earned him eminence in the field of civil law. The High Court recognized
his talent and designated him as a senior counsel in 1991. Regard being had to his
experience of the civil law, his views were taken for carrying out the amendments in
the Code of Civil Procedure. During his five decades of practice, he constantly
maintained the consistency of nobleness of the profession and never for a moment
deviated from the dignified path.
legal fraternity. I on my own and on behalf of my colleagues mourn his demise and
.....1
pray to the Almighty to bestow immense strength on the bereaved members of the
family to bear the loss.
minutes.
Chief Justice
24.8.2011
liAs a mark of respect for the' departed soul, the Court work shall remain
Hon'ble the Chief Justice Deepak Mishra and his other Hon'ble
Companion Judges;
Sh. Amarjit Singh Chandhiok,

Addl. Solicitor General & President, Delhi High Court Bar
Association;
~.
Other office bearers of Delhi High Court Bar Association

p.p
Office bearers of other District Bar Associations
Members of the family of late Shri S.P.Aggarwal
Ladies & Gentlemen
Affectionately known as "Satti" to his friends, Sh. S.P.Aggarwal was born
in the year 1932. His father late Shri Jai Prakash Aggarwal was a leading
lawyer in Lahore in the undivided India. Sh. S.P.Aggarwal did his
matriculation from Lahore, and thereafter, the family shifted to Delhi on
account of partition of the Country. He completed his graduation from
Delhi and also obtained Masters Degree in Economics from Punjab
University in the year 1955, and thereafter, he got his Law Degree in the
year 1957.
He started practicing in the year 1958, and was also enrolled as a
pleader, during which time, he had worked under the able guidance of
late Sh.Radhey Lal Aggarwal, a prominent senior Lawyer of this Court.
Sh. S.P.Aggarwal got enrolled as an advocate from the High Court of
Judicature for the State of Punjab in the year 1960.

2
With his hard work and sincerity and willingness to learn, he became one
of the favourite chamber juniors. He also had the benefit of working with
late Justice Har Dayal Hardy before his Lordship was elevated to this
Bench. Although the father of late Sh.S.P.Aggarwal had a roaring
practice, yet he believed in making a mark of his own at the bar. He
mainly practiced on the Original Side of this Court.
During his initial career, he worked as a Govt. Pleader. Recognizing his
talent as a good Original Side Civil Lawyer, a number of banks,
corporations and corporate houses had engaged late Sh. S.P.Aggarwal on
regular basis. He has had a number of land mark cases to his credit. He
was a man of principle and never felt shy to express his opinion wherever
the situation arose. He always believed in sharing his knowledge with his
colleagues as well as his juniors.
In recognition of his ability, dedication and sincerity as a lawyer, the High
Court of Delhi unanimously designated him as a Senior Counsel in the
year 1991. His popularity in the Bar also gave him opportunity to be a
part of the Executive Committee of the Delhi High Court Bar Association.
He remained a member of this Bar for more than 50 years and earned the
respect, love and affection from the Bench, colleagues as well as the
juniors.
3
~,\~R
I have always known him as a very humble/~erson .. The quantum of fees
f- . .
for doing cases, was least of his concern. He had always been helpful to
junior members of the Bar and he believed that senior members of Bar
owe a duty to junior members of the Bar to train them and guide them so
as to have a stronger legal fraternity.
Notwithstanding the tremendous exposure in law, he always believed that
he was a learner. This is something that all of us must follow. He left for
his heavenly abode on 04.07.2011 and is survived by his wife and three
children including Sandeep, who is a known practicing lawyers of this
Court.
I on behalf of Bar Council of Delhi, offer my heartfelt condolences to the
bereaved family members of Sh. S.P.Aggarwal and may God give them
strength to bear this loss.

..
SPEECH OF HON'BLE THE CHIEF JUSTICE IN FULL COURT REFERENCE TO

BE HELD ON WEDNESDAY, THE 24TH AUGUST, 2011 AT 3.00 P.M. ON
ADVOCATE.
Prakash Aggarwal and to pay heart felt tribute to him. The 24th April, 1932 witnessed
the birth of a child born to a reputed lawyer Late Jai Prasad Aggarwal, a practicing
lawyer at Lahore. Gradually, the young child, grew and with dint of labour came in
flying colours in the matriculation examination from DAV High School, Lahore. With
the passage of time and historical events the entire family of late J.P. Aggarwal had
to shift to Delhi in the year 1947. late Satya Prakash Aggarwal graduated from Delhi
University and completed his post graduation in economics from Punjab University.
The hunger for education acted as a catalyst and he, with passion, joined the faculty
of law in Delhi University. He obtained the degree in law in 1957 and enrolled as an
Advocate with the Bar Council in 1960.

believed in nobility, integrity and sincerity of this profession and that earned him
astuteness earned him eminence in the field of civil law. The High Court taking
cognizance of his talent designated him as a senior counsel in 1991. Regard being
had to his experience of the civil law, his views were taken for carrying out the
amendments in the Code of Civil Procedure. During his five decades of practice, he
constantly maintained the consistency of nobleness of the profession and never for a
moment deviated from the dignified path.
legal fraternity. I on my own and on behalf of my esteemed colleagues mourn his
demise and pray to the Almighty to bestow immense strength on the bereaved
members of the family to bear the loss.
minutes.
Chief Justice
24.8.2011
liAs a mark of respect for the departed soul, the Court work shall remain
FULL COURT REFERNCE TO CONDOLE THE SAD DEMISE OF
JUSTICE O.N. VOHRA AND JUSTICE JAGDISH CHANDRA
My brother and sister colleagues, Sh. A.S. Chandhiok, ASG and

( PUl'lE e-t f'rl i ~ /\'''-MJ.0v
President, Delhi High Court Bar Association, Mr. Rakesh Tikku,/Chairman, Bar
Council of Delhi, Sh. Kirti Uppal, Vice-President, DHCBA, Mr. D.K. Sharma,
Hony. Secy., DHCBA, other Executive Members of the DHCBA, office-bearers
of other District Bar Associations, Senior Advocates, District Judge & Sessions
Judge, Law Secretary, law researchers, ladies and gentlemen.
Today we have assembled to pay our homages to two Judges of this
- Court who passed away in last one month in their 80s and departed from this
world with a sense of fulfillment. Most of us were the young entrants to the Bar
when these two Judges adorned the Bench of this Court. Remembrance of these
two old stalwarts is not only a thanks giving by this Court to their contribution
but also introducing them to the young Bar of this Court. The two Judges are
Justice O.N. Vohra and Justice Jagdish Chandra.
Justice Om Nath Vohra (08.04.1922 to 30.09.2011)
Justice O.N. Vohra was born on 08.04.1922 in a village in Amritsar District in
Punjab. He graduated from Punjab University in 1941 after completing English
Honours. He completed his law from Law College at Lahore on 05.04.1946 and
was declared first class first for which he was awarded with University Gold
Medal. He also Charles Earle Bevan Petman Law Prize for standing first in
criminal law. He took PCS (Punjab Civil Service) in the year and got first
position there as well.
Justice O.N. Vohra initially worked as a Subordinate Judge in Punjab and Delhi.
He later joined the Ministry of Rehabilitation where he worked till March, 1967.
He was appointed as Additional District and Sessions Judge, Delhi on 24.4.1967
and District and Sessions Judge on 17.7.1978. He also functioned as a Special
Judge and decided CBI cases relating to corruption. He was well known as an
honest hardworking judge whose integrity could never be questioned or
querried. He handled several significant lengthy cases including the "Bank Van
Robbery" case. Fate gives us opportunity to create history. For a judge such an
opportunity comes with a challenge. It is the duty of the judges to uphold the
dignity of law in all circumstances as nobody is above law. However, at times
challenges are formidable when such a duty is to be performed. Justice Vohra

~:t!£~;"~~ , ~ ~'
rose to the occasione:vhen he decided famous (or infamous) "Kissa Kursi Ka"
case and convicted the accused irrespective of his social and political status. RQ,+ .
Pol. ~v 1 '~''J' u., tt..,a k.u ~~y
1'" '.
Justice O.N. Vohra was appointed on lSI March, 1979 as a Judge of the High
Court of Delhi for a period of two years. Due to reasons which are well known,
his judgeship was not further extended. Justice Vohra adopted a commendable
attitude consistent with the dignity of the high office. This is eloquently
acknowledged by the Supreme Court judgment rendered on 30 th December,
1981. This is what the highest court of the land remarked:
"56. So far as ON. Vohra is concerned, it is apparent that though he was
joined as a party respondent to the writ petition filed by VM Tarkunde, he did
not choose to appear and take part in the proceedings. He did not even file an
appearance, presumably because he was not interested in wresting back the
office of an additional Judge through a Judicial writ. He adopted a
commendable attitude consistent with the dignity of the High office which he
had the privilege to hold for over two years and scorned to be a party to any
litigative adventure for getting back the office of a High Court Judge. He took
the view that the office of a High Court Judge is no mean office for which one
may canvass, lobby or fight but it is a high position which can only be offered
and which one should regard as an honour to be invited to fill and if for any
reason, justifiable or not, the Government chooses not to offer it to the
deserving person, it may result in detriment to public interest for which the
Government may have to account to the people through their elected
U representatives, but the person concerned should not litigate his claim to this
high office. That would lower the dignity of the office by making it the subject
matter of litigative controversy. It was presumably for this reason that ON.
Vohra did not appear in the writ petition or seek any relief from the Court in
regard to his continuance as an additional Judge. In fact, we are told. ON.
Vohra has already started practice in the Delhi High Court .... "
Justice Vohra returned to the Bar to which each of us belongs and it was a
beginning of yet another illustrious career as an advocate. He never looked
back with any regret or remorse knowing fully well that even as an advocate he
could become a useful instrument of dispensing justice. He was very passionate
about his work and legal practice. For him every case was a challenge and he
worked with full dedication and conviction to serve the best interest of his
clients. Due recognition was given to him when he was designated as a senior
advocate by the Full Court, unanimously.
His illustrious legal career lasted till the end of July 2011. Like he said, "the
desire to work is still there but the body fails". Within two months of
relinquishing practice he breathed his last on 30 th September, 2011.
Besides being extremely sharp in all aspects of law, be it civil, criminal or
revenue, he was a lover of poetry in all its forms - be it Shakespeare, Milton,
Keats, Yeats, Browning or Urdu Ghazals of Ghalib, Momin or Faiz, he would
remember them all and recite and charm everyone with an appropriate couplet.
Justice Vohra is survived by 3 daughters Madhur Bhargava, Dr. Chitra Vaish
and Anurupa Sehgal and grandchildren.

HON'BLE MR. JUSTICE JAGDISH CHANDRA (RETD.)
(1926-2011)
Mr. Justice Jagdish Chandra belongs to a family of lawyers. His
father was a famous advocate in Amritsar. He was born on 8.11.1926 and
breathed his last on 04.10.2011 after a brief illness.
His education both schooling and graduation was from Amritsar.
He was awarded a Gold Medal for standing 1st in matric exames. He got
enrolled for LLB. Course at Lahore Law College where he did his 1st year of
Law and thereafter the remaining two years for his education was completed
from Shimla Law College. From a very young age he had an earnest desire to
be a Judge.
In the year 1950, he joined the legal profession and practiced in
District Courts of Punjab. In the year 1953, he joined Punjab Legal Services
(Judicial) at Delhi. IN the year 1966, after the division of Punjab into different
states he opted to join Delhi Judicial Services. On 25.11.1969 he joined Delhi
Higher Judicial Services. On 6.1.1981 he was appointed as the District and
Sessions Judge, Delhi. On 12.2.1983 he was elevated to the Bench of this High
Court. During his tenure as a Judge of Delhi High Court, he adjudicated various
important matters. He retired from the services on 8.11.1988.
During his tenure as the District Judge and as the High Court Judge
he had been giving lectures to the young probationers who joined Delhi sub-
ordinate Judicial Services. Even after his retirement he had been invited as a
Speaker to address the Judicial Officers in vanous training programmes
conducted by Delhi Judicial Academy. As an Additional District Judge he was
nominated to participate in the special course for 'Prevention of Crime and
Treatment of Offenders' in Japan in the year 1975.
After his retirement as a Judge from Delhi High Court, he was
appointed as a Member of Central COFEPOSA Board and Central Narcotic
Board, Delhi.
Justice Jagdish Chandra was also appointed as one man
Commission of Inquiry in the Qutab Minar Tragedy and 'Sura Kand'. He was
also a member of Indian Council of Arbitration. He had been conducting
various Arbitration Proceedings as an Arbitrator for settling disputes between
the parties.
In the year 2002, he was appointed as a Vice President of DA V
college Managing Committee Trust and had been the Chairman of many
prestigious schools ofDAV at Punjab & Haryana.
Justice Jagdish Chandra was a man of great moral values who
enjoyed as unblemished record while in service. His soft and caring nature
endeared him to all his colleagues and well wishers. He was a widely travelled
man who enjoyed Persian Urdu Poetry. He was gifted with a photogenic
memory. In losing him, we have lost a distinguished who shall ever live in our
hearts.
..
He is survived by his wife and three sons. His wife Mrs. Uma
Chandra has retired as a professor of Philosophy from Miranda College, Delhi.
We send our heartfelt condolences to the family members of
Justice O.N. Vohra and Justice Jagdish Chandra. May their souls live in peace.

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Sr.No. Particulars Pages

HIGH COURT OF DELHI

Mr. President and Secretary of the High Court Bar

Association, Additional Solicitor General of India, Standing

Counsel for Central Government and Government of NCT of

Delhi, Chairman, Bar Council of Delhi and other Learned

Members of the Bar ladies and gentlemen.

Today we have assemb led here to pay homage. to late

Mr. Justice D.R.Khanna, a former Judge of this Court who

breathed his last on 28 th Apri I, 2004.

After completing his education, he was apPoiflted as

Subordinate Judge in Punjab on 23 rd November, 1950. He I

was promoted as Additional District & Sessions Judge in

Punjab. In May, 1971, Justice D.R. Khanna was appointed as

Justice Khanna functioned as Judicial Member, Income Tax

Appellate Tribunal during the period 1971 to 1977. He was

appointed as Sales Tax Appellate Tribunal, Delhi on 18

March, 1978. Justice D.R.Khanna was appointed as an

Additional Judge of this Court on 19th October, 1979. He

retired on 17th October, 1985.

Justice D.R.Khanna was a Judge of simple habits. He

"-- was very reserve in nature but dedicated to his work. He

always adhered to his principles. His judgments were lucid

and to the point. He was really a self-made man, who rose

to occupy high Constitutional office of Judge of this Court

devoted to the cause of justice.

In the death of Justice D.R.Khanna, we have lost one

of the most versatile members of the legal fraternity. His

death must be a grievous loss to the members of his family.

We send our heartfelt condolences to them and pray to God

the Almighty bestow peace to the departed soul.

( REFERENCE BY MEMBERS OF THE BAR)

Now, I request you all to pay homage to the memory of

late Mr. Justice D.R.Khanna by standing in silence for two

THE COURT IS ADJOURNED FOR THE REST OF THE

Association, Standing Counsel for Govemment of India and Govemment of

National Capital Territory of Delhi, my colleagues at the Bar, Ladies aIld

We have assembled here today to pay homage to the departed sou] of

His Lordship wa bom on October 17, 1923. He Graduated from Punjab

University from Amritsar. He had a handicap in his childhood for which he

underwent number of surgelies as a result of which his one leg had to be

recovery, joined Law College at Lahore in ] 946. Tnspite of hi handicap he

was the Badminton Champion of Law College, Shimla 1948-49. After

He was promoted Additional District & Sessions Judge, in Punjab on

24.6.1967 and thereafter acted as such at Delhi. He was confinned as

Appellate Tribunal from March, 1971 to 1977. He held the position of

Chainnan, Sales Tax Appellate Tribunal, Delhi, on 18.3.1978. He was

appointed Additional Judge Delhi High Court on 19.10.1979 and retired on

Contributions of Mr. Justice Khanna for enriching the law is a subject

untouched by him. Even as a Member of the Income tax Appellate Tribunal

flawless. After his appointment as a Judge of this High Court he endeared

expeditious disposal of cases. He suffered from no prejudice and he had no

unnoticed. He never believed in postponing the hearing of the cases

accommodate evety member of the bar. Sophistication, humility and serenity

was an enviable quality of his personality. He was unfortunate in loosing his

International Shipping. He is presently working as a General Manager,

Operation, Mersk, Sydney, Australia. We shall always remember fairness,

simplicity and humility of Mr. Justice Khanna.

loss. I beseech your Lordship to convey the heartfelt sympathesies and

Govt. Advocates and myself.

To the members of Subordinate Judiciary, he advised t}lt(ft1 to be straight-

I, on behalf of Members of Delhi High Court Bar Association and on my own"