'~--lllil:::.W.~.. ~ .. JJ• .. ~ ~ ..

•
c. '
A '
Hon'ble the Chief Justice~s Court.
2.3--3~-1973.
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1O.30 A,Jvl, W.Ps.Nos.135/70, 351,352,373,374/72 and
·w.P.No.400/1972.

Mr.Phalkivala: My Lords, I do not kno ./(LAO::

what orders your Lordships p:i-opose tc pass ~
to-day, I am making a very brief submission.
To-day is the 69th day of the hearing of the
___cas_e; and tomorrow is scheduled to be the last
.,,,~:_ '
day. This case isJbeyond question one of the
>1.. )
most momentous in the world history and
probably the most important in the history

'
of a democracy. And My Lcrds1 it would be
I•

,, a thousand pities if the real legal issues

• arising in the case got clouded or side-tracked

by pettiness, bitterness or acrimony,
therefore been thinking over the matter
I have

arising out of the unfortunate illness of

•
nJ Justice Beg. If my learned friends are anxious
that the Hon'ble Judg13 should participate
in the Judg~ent, let ~e make it clear that the
petitioner ~s no l~s·.eager that every single
ii . 1· . 1'1 'I'
one of ~ou~ Lordshi~$1 including~~ustice BegJ

• •
should participate in the judgment •

It has
•
Judge may feel better
be~-i
.. ,,
and may be able to
suggested that the Hon'ble

'(' .
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take part in the formula~~~; of the Judgment.
If this is a possibility,;~·i!'~ould be as happy
as any one else in thl,~~~~t room if the ,.
f1../ •
Hon'ble Justice Beg d,id take part in the
L.., ;...,

judgment. If that is to happen, the question

"'\'
is whether I should continue with my oral
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ar~~~. ,
#~111t:s, or request your Lordships-._o.-rtreat !

the oral argument as closed and ask for ~i~ert(1;~~

to put in my brief points of reply in wn ting ~~7

by tomorrow evening or Sunday morning. This

was the suggestion of the other side. Temper-
mentally if anything:; ,I am i rri t.ated by any
threat; the reaction is to say that you will
.(
,,
not submit to any kind.. pf intimidation. I am
/
'
not concerned with what the respondents may
choose to do; it is not to be noticed at all.
But
ixn: most anxious as I am (a) that the real

issue should not be clouded by anything

• extraneous to the legal merits of the case; and·

(b) Anxious as I am also that every one of
yo~r Lordships having taken ~art so much
trouble for so many ~eek~, should participate
in the judgment. Taking into account the
possibility which the respondents have asked
your Lordships to tak~. into account that the
learned Judge may be •better, I think that
• subject to your L~rdships' decision, I may be

• able to sacrjfice my own interest by not continuing

iny reply for not more than two days.
allotted 5 days: it was cut down to four.
I was
~very

one of us has been put to that ·<dj.scipline.

I have Elm: in my opening address cut short a
•
lot of my argument,
for weeks.
Whic~

?-:r.C.K.Daphtar; had at least t.bree

"•
..
·•t\lld have gone on
,.,., ··.; • r

days which h~ chose not to press. Every one

('f us had to sacrifice his oral argument -

/
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1/C
:km:XUl'ii!J:Xt ll!atxtlai!X!"ill:JllJXl!ill:1Xlf U!l'~lll:l< X:l<!"XCllSlll-"

lind other colleague11 have also sacrificed their

oral ~l"f!l ""'
argument1 In order that the case
may come to a close before Your Lordshipl
leavelthis Court~. This discipline we all
have to submit
. "h'.
I have to cut short
...
what I have to 'Say in reply but may indicate I
~~.: ,·''
very briefly wqy'C',I' wanted to say on the
essential points. Even out of those 4 days
only two days have been made available. I

am willing your Lordships may be, pleased to

, consider this suggestion: (a) to treat the

• oral hearing of the case as closed to-day;

· reply to the
(b) permit us to put in our writtenpmain
points BfnadrttDtXJ:'i!,iJ by Saturday evening
:.~,;'

and
or Sunday morning;/(c) that Yo1 r Lordships
may be kind enough to record as order of the ~

court that if for any unfortunate reason

Hon 1 ble Mr.Justice Beg or any other of your
Lordships is un~bte to participate in the
judgment, the Judgment and orders in these

• •,..-,
petitions shall be delivered by the rest
of the learned Judges~ That is my brief
submission.
,,.•
Hon'ble C.J.: WYes'~- Mr.Phalkivala,
,,.
we are grateful to yo~,f~ having sacrificed
l ~ ,' "':

your interests in ttrt"'~erests of ju:s"t.ice

and there is no do;;~~f
any of us ~lis
will be•v<·:
ill, the judgment/del:!:~tred nxixn:x at
""""":"'"""'! ·r

the tim"l LI ~e fix8C, whether one of us

is theref or not. I think the hearing is
concluded and you may file your written

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arguments by Sunday morning or Sunday

~~~-
evenin~·

Th~ judgment will be de],ivered on the date

.J
which I have fixed whether one of us is ill

or not. ·•·
· oral
Mr.See~~~.do not have any/right
:rw of reply. If ij:'Ul~ned friend files
any revised argum~t arl<,t if there is· any new
authority, your Lordships may permit us to
file any reply to it by Wednesday evening.
Hon 1 ble C. J. : What do you sayi (to

••
Mr.Phalkivala)?
Mr.Phalkivala: ;r: am not going to tite
''... 1';
any new authority.
~r.Seervai: If he is N :kl!I not . "'~.
, going:
Ito cite any new authority, I am It going
'',~

to reply or cite any authority •

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