El Reference by Hon'ble Mr. lustice Sania y Karol, Acting Chief lustice, High Court of Himachal Pradesh, Shimla (on 9.5.2017 at 3.00 p.m.) Though we have assembled here to condole the sad demise of one of our accomplished leaders late Mrs. Justice Leila Seth, former Chief Justice of this Court, but certainly, and I can say with conviction that she would not want us to mourn her death. On Saturday, i.e. 6th May, 2017, when the news of her death flashed in the media, immediately I got in touch with the officiating Registrar General for ascertaining the time of her cremation and performance of last rites. Promptly, I was informed that the dead body, as per her desire and Will, stood donated and that the memorial services would be performed by 28 1h May, 2017. Such was her stature that very rarely you find the First Citizen of India, the Vice President, the Prime Minister, Chief Ministers of various States, social activists, media and general public, unanimously coming forward in acknowledging the contribution to the development of jurisprudence by a noble Judge of this country. Undoubtedly, Justice Seth was far ahead of her times and age. She was a great jurist, an author, a social activist, and above all a great human being. I had known her personally for many years. I do remember of having appeared before her in the High Court of Delhi and also having received the warmth and affection on a 1)2 my, elevation as a Judge of this Court, which fact I do acknowledge. Birth and Death is not in our hands. However, in between alphabet 'B' and 'D' of English language, there is alphabet 'C', symbolizing nothing but the choices which we as human beings can make. It is this, with conviction, since her early days, she chose to unshackle the social taboos and restrictions. She chose not to play second fiddle. She chose to play the role of only a winner. She chose not to settle for anything else, but Number One. Her conviction of living by and up to the moment is what made her distinctively separate from the others. After having topped the London Bar Examination, she chose to practice at Patna, Calcutta and then Delhi. At a fairly young age (48 years) she was designated as a Senior Lawyer. Soon thereafter, she was elevated as the first lady Judge of the High Court of Delhi and thereafter assumed the Office of Chief Justice of this Court, with effect from 5th August, 1991, again to be the first Lady Chief Justice of any Court of this great country. After her superannuation on 20th October, 1992, relentlessly, with greater vigour, she pursued her intellectual pursuits at different foras. Her Ladyship was swift and bold in taking decisions. Always accessible and warm, she is to be remembered not only for her contribution on the Bench but also the efforts which she put in to usher in the concept of gender equality on diverse social issues. It is only on account of her untiring efforts that necessary amendments came to be brought in the laws affecting women. Her respect for laws was profound. She was a great jurist, social activist, a reformist and above all a great human being. Undoubtedly, she is a perfect role model. Her loss has created a great wide not only to the immediate family but also to the entire legal fraternity. -I Friends, I was privileged to receive a book, authored and autographed by her. "On Balance", makes a very interesting reading. It is narration of events of journey of her life, both good and bad. Elaborately, she narrates her experiences in Shimla. Gardening was her greatest hobby. The description of the garden of the official residence of the Chief Justice is in fact a trip to a fairy land. Even for a greenhorn, it is a delightful reading. Reading of the book also reveals a special relationship, Which she enjoyed with her family. I have spoken with her husband Shri Prem Nath Seth, son Shantunu, and daughter-in-law Gitanjali and assured them of all assistance required in the settlement of affairs, if any, by this Court. d J1 I RIJ We have lost a fine gentle woman, a jurist and an eminent personality. The loss to the bereaved family, to us, the country, particularly the legal fraternity, is irreparable. I, on my behalf, on behalf of the Brother Judges and on behalf of the High Court as well as judicial fraternity of the State of Himachal Pradesh, offer my heartfelt condolences to the bereaved family and pray to the Almighty to grant peace to the departed soul. Her mortal remains already stand utilized for public good. Jai Hind. I REFERENCE BY THE LD. ADVOCATE GENERAL, STATE OF HIMACHAL PRADESH ON THE SAD DEMISE OF JUSTICE LEILA SETH, FORMER CHIEF JUSTICE OF HIGH COURT OF HIMACHAL PRADESH. * *** * * * * ** ** ** * Hon'ble the Acting Chief Justice Sanjay Karol, Hon'ble Companion Judges, President of Himachal Pradesh High Court Bar Association, Learned Assistant Solicitor General of India for HP High Court, Senior Members of the Bar, Members of the Bar Council, Members of the Bar Association, Officers and officials of Registry, Ladies and Gentlemen:- The unkind hands of the destiny have snatched away from us an eminent dignitary of our State the former Chief Justice of this High Court of Himachal Pradesh, and we have assembled here today to mourn her sad demise, who breathed her last on 5th May, 2017 at her residence in Noida. She was the 8k" Chief Justice of this High Court. Late Justice Seth was Born on 20th October, 1930 in Lucknow and was the first woman to top the London Bar examination 1958. She joined the Bar in 1959. In the same year she also graduated as an lAS Officer. Upon topping the Bar in England, Justice Seth was referred to as "Mother-in- Law" by a London newspaper, which carried a photograph of a young Leila Seth with her infant son, born only a few months before the examination. At the same time, other newspapers jxpressed their grief about how out of 580 students who took the Bar Examination, a married woman topped it. She practised in Patna High Court for about ten years and then in the Calcutta High Court for about three years. Handled a large number of tax matters (Income Tax, Sales Tax Excise and Customs), civil, company and criminal cases as also matrimonial suits and writ petitions. From April, 1963 to early 968, she was Junior Standing Counsel for the Income tax Department in the State of Bihar. She was also on the panel of lawyers for the State of Bihar in the Patna High Court from 1962 to 1968. She Practised from 1972 in the Delhi High Court in Original Civil work. Company petitions, Writ petitions, Tax matters, Revision and Appeals. She Practised in the Supreme Court of India from 1972 and handled mainly Tax Matters, Writ petitions, Constitutional matters, Civil and Criminal appeals. She was on the panel of lawyers for the State of West Bengal in Supreme Court of India since June, 1974. She was Designated Senior Advocate by the Supreme Court of India on 10th January, 1977. On 25.07.1978, She was appointed as the first woman Additional Judge of the High Court of Delhi and thereafter appointed as Permanent Judge of Delhi High Court on 18.07.1980. Late Justice Leila Seth was appointed and /^L? transferred as Chief Justice of Himachal Pradesh High Court on 5' August, 1991 and retired as Chief Justice of High Court of Himachal Pradesh on 20.10.1992. Late Hon'ble Ms Justice Seth had great reputation of an honest and upright lady. She was a woman of soft nature and pleasing personality. She had always maintained cordial relations and rapport with the Bar. Late Justice Seth was a jgreat discipliner in every aspect of her life. She enjoyed excellent reputation as a Chief Justice of the Hon'ble High Court of HP. Her contribution to the society on the whole and to the judicial system in particular is well accepted and acknowledged in the form of her judgments. Justice Seth was also remained a part of various enquiry commissions, one of which was responsible for studying the effects of the television serial, Shaktiman (about a popular superhero) on children. Shaktiman was a popular TV series for children and it was the center of controvery because many children set themselves on fire or threw themselves off buildings hoping that Shaktiman would come and rescue them. Late Justice Seth was also part of an enquiry into the death of businessman Rajan PiIlai, known as 0 13b ,the "Biscuit Baron," who was found dead in police custody. She was an active members of Law Commission of India from 1997 to 2000, and was responsible for the amendments to the Hindu Succession Act which gave equal rights to daughters in joint family property. She was also part of the judicial committee headed by Justice J.S. Verma, a former Judge of Supreme Court, to suggest amendments to criminal law to jsternly deal with sexual assault cases following the Nirbhaya case. Justice Leila Seth's autobiography was published by Penguin India in 2003. In on Balance, she talks about her early years of homelessness and struggle, her straying into law while in England with her husband Shri Prem Nath Seth, and later practising in Patna, Calcutta and Delhi, and her happy marriage life of over fifty years, including the experience of brining up three remarkable children: writer Vikram Seth, peace activist Shantum and film-maker Aradhana.