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Reference by Hon'ble Mr. lustice Sania y Karol, Acting Chief lustice, High Court of , 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 Bar Examination, she

chose to practice at , 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 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 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 , peace activist Shantum and film-maker Aradhana. Also dwelt upon are her views regarding corruption, discrimination and delay in the legal system, some judgements dealing with education and with inter-personal and constitutional law; and her experience as a member of the 15" Law Commission. There are also delightful vignettes: fl

i Premo and her turning an old mansion into a splendid home in Patna, Vikram's writing of the novel A suitable Boy, Shantum's ordination as a Buddhist teacher by Thich Nhat Hanh and Aradhana's marriage to Peter, an Austrian diplomat, and work as a documentary film director and production designer on films like Earth and Water. In 2010, she wrote We, the Children of India, which explains the words of the Indian preamble to younger readers. This was followed by Talking of Justice: People's Rights in Modern India, in 2014, in which Her Lordship discussed several critical issues she had dealt with in her expansive legal career.

Justice Seth critiqued the Supreme Court's judgment \ in the Naz Foundtion case, which recriminalized homosexuality set aside the landmark Delhi High Court judgment reading down Section 377 of the Indian Penal Code. Her Lordship respect for the right to sexual orientation stemmed not just from her personal experience of being a mother to Vikram, whose bi-sexual orientation Her Lordship had embraced much earlier, but also because She found the Supreme Court's 2014 judgment bereft of any reasoning. More than anything else, the Suprme Court's 2014 judgment in Suresh Kumar Kaushal is untempered by any sympathy for the I

, suffering of others, Her Lordship wrote in an article. "The judgment fails to appreciate the stigma that is attached to persons and families because of this criminalisation," She had observed.

Justice Seth died after suffering a card lo-respiratory attack on the night of 5k" May 2017 at her residence in Noida, at the age of 86. She is survived by her husband, two sons and daughter. As per Justice Seth wishes no funeral was held since Her Lordship donated her eyes and other organs for transplant or medical research purposes.

I, on behalf of the State of Himachal Pradesh, on behalf of Bar Council of Himachal Pradesh and its members with entire legal fraternity of the State and on my own behalf offer heartfelt condolences to the family of late Hon'ble Justice Leila Seth. May Almighty give strength and courage to her family to bear this loss and grant eternal peace to the departed soul.

Dated: 09-05.2017. (Shrawan Dogra) Advocate General, HP & Chairman, Bar Council, Himachal Pradesh. H.P. HIGH COURT BAR ASSOCIATION New Revenswood Building, Shimla-171001 Telefax-0177-2654045, Email: hphcbashimlagmaiI.com

Ref. No...... Date ......

Reference

Hon'ble the Acting Chief Justice Mr. Sanjay Karol,and companion Judges, Mr. Shrawan Dogra, Advocate General and Chairman of Bar Council of Himachal Pradesh and Mr. Ashok Sharma, Assistant Solicitor General of Union of India , we have assembled here on the sad demise of Hon'ble Leila Seth , the retired Chief Justice of this High Court, who breathed her last on the night of 5th May, 2017 in Noida at the age of 86 years.

Ms. Leila Seth was born on 20th October, 1930 in Lucknow and was the first woman to top the London Bar exam in 1958. She joined the bar in 1959.

When in india , she was a junior to Mr. Ashok Kumar Sen She handled a large number of Tax matters (Income Tax, Sales Tax, Excise and Custom), Civil, Company and Criminal cases as also Matrimonial suits and writ petitions as a lawyer . In 1978, she was appointed as the first woman judge of India on the Delhi High Court. In August 1991, she was appointed the Chief Justice of Himachal Pradesh High Court at Shimla. Hn'bJe-{eiI p Seth in the month-of as

suticr.aam34 )S^ 0

She remained member of Judicial Committee headed by Judge of Supreme Court Mr. J.S. Verma, to suggest a mendments to criminal law to sternly deal with sexual assault cases following the Nirbhaya case. Hon'ble Justice Leila Seth was first Woman Judge of High Court in India and she was first Woman Chief Justice of any High court in India.

She is survived by her Husband Mr. Prem Nath Seth, two sons and a daughter. She died after suffering a cardio - respiratory attack on the night of 5th may, 2017 . As per her wishes, donated her eyes and other organs for transplant or medical research purposes.

She was active, fearless and courageous lady, which had been a special feature of her life style. I on behalf of members of this Bar Association, pray the almighty to grant peace to the departed soul and courage to the bereaved family members to bear this loss.

Date: 9.05.2017 Pp

liar H.P. High Court Bar Association.

I i;-

Reference Address of Ashok Sharma, Assistant Solicitor General of India, H.P. Hi gh, Court, Shimla

Hon'ble Acting Chief Justice Mr. Justice Sanjay Karol, Hon'ble Mr. Justice

D.C. Chaudhary, Hon'ble Mr. Justice Tarlok Singh Chauhan, Hon'ble Mr.

Justice Sureshwar Singh Thakur, Hon'ble Mr. Justice Vivek Singh Thakur,

Hon'ble Mr. Justice Ajay Mohan Goel, Hon'ble Mr. Justice Sandeep Sharma,

Hon'ble Mr. Justice Chander Bhusan Barowalia , Ld. Advocate General and

'- Chairman, Bar Council of Himachal Pradesh, Sh. Shrawan Dogra, Shri B.P.

Sharma, Sr. Advocate and President H P High Court Bar Association, Learned tA. Senior Advocates , Ld. Registrars of this High Court of Himachal Pradesh

Learned Members of the Bar, Staff of the High Court Registry

Representatives of Electronic and Print Media present here, ladies and

gentleman.

We have assembled here today to pay our homage and tributes to the

First woman Chief Justice in the Indian Judiciary Smt. Leila Seth, who 5th breathed her last on of May,2017 after suffering a card io-respiratory

attack.

Hon'ble Justice Leila Seth was born in Lucknow on 20th October, 1930

and was the first woman to top the London Bar exam in 1958. She joined the

profession in the year 1959. One thing of which I was not aware of about her

is,that she had also qualified the Indian Administrative Services Examination in

the year 1959. She joined practice under the able guidance of Mr. Ashok

Kumar Sen, Sr. Advocate and handled a large number of Tax matters, Civil,

Company and Criminal cases and also matrimonial suits and writ petitions. In

the 1978, she was elevated as the first woman judge in Delhi High Court . In 2

1991 she was appointed the Chief Justice of this Hon'ble High Court. Justice

Seth was also a part of various enquiry commissions, one of which was responsible for studying the effects of the television serial, Shaktiman (about a popular super hero) on children. Justice Seth remained Chief Justice of this

Court upto 20th of October,1992 when she demitted the office of Chief Justice on attaining the age of superannuation. I had an opportunity to appear before her when she was Chief Justice of this Hon'ble Court. She was always pleasant in the Court and I don't remember even a single occasion when she raised her voice in the Court. She was the epitome of intellect ,patience and good behavior. Justice Seth has also published her autobiography in the year

2003 by the title "on Balance" . In the autobiography, she has referred to various aspects of her life and her experience in bringing up her three children all of whom have made mark in their respective fields. Her son Vikram Seth is a known writer. Her other son Shantum is a peace activist, whereas daughter

Aradhna is a Film maker. Justice Seth has not only written her autobiography but has also written some other books , one is "We the Children of India" and the other one is" Talking of Justice : People's Rights in modern lndia"which was published in the year 2014 when she was already eighty four years of age. This only goes to show that till her last, she was leading a active life physically as well as intellectually. In nutshell, one can say that Mrs. Seth was versatile personality from whom one could learn a lot of things. Now she is not there but her books are there, wherein she has stored her experiences of her life for the generations to come. In her death the legal fraternity has lost a towering legal luminary which has created a void which can not be filled easily. 3

I, on this occasion , on my own behalf as well as on behalf of my colleagues i.e. Central Govt. Counsel in the High Court of Himachal Pradesh pay tributes to the departed soul and pray to the Almighty that the departed soul may rest in peace in heaven and get Moksha ,for which, all of us strive . further pray to the almighty to give strength and fortitude to the members of the bereaved family to bear this loss.