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The High Court at Calcutta 150 Years : an Overview

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The High Court at Calcutta 150 Years : an Overview 1 2 The High Court at Calcutta 150 Years : An Overview 3 Published by : The Indian Law Institute (West Bengal State Unit) iliwbsu.in Printed by : Ashutosh Lithographic Co. 13, Chidam Mudi Lane Kolkata 700 006 ebook published by : Indic House Pvt. Ltd. 1B, Raja Kalikrishna Lane Kolkata 700 005 www.indichouse.com Special Thanks are due to the Hon'ble Justice Indira Banerjee, Treasurer, Indian Law Institute (WBSU); Mr. Dipak Deb, Barrister-at-Law & Sr. Advocate, Director, ILI (WBSU); Capt. Pallav Banerjee, Advocate, Secretary, ILI (WBSU); and Mr. Pradip Kumar Ghosh, Advocate, without whose supportive and stimulating guidance the ebook would not have been possible. Indira Banerjee J. Dipak Deb Pallav Banerjee Pradip Kumar Ghosh 4 The High Court at Calcutta 150 Years: An Overview तदॆततत- क्षत्रस्थ क्षत्रैयद क्षत्र यद्धर्म: ।౛`& 1B: । 1Bद्धर्म:1Bत्पटैनास्ति।`抜֘टै`抜֘$100 नास्ति ।`抜֘$100000000स्ति`抜֘$1000000000000स्थक्षत्रैयदत । तस्थ क्षत्रै यदर्म:।౛`& 1Bण । ﾴC:\Users\सत धर्म:" ।౛`&ﲧ1Bशैसतेधर्मेण।h अय अभलीयान् भलीयौसमाशयनास्ति।`抜֘$100000000 भलीयान् भलीयौसमाशयसर्म: ।౛`& य राज्ञाज्ञा एवम एवर्म: ।౛`& 1B ।। Law is the King of Kings, far more powerful and rigid than they; nothing can be mightier than Law, by whose aid, as by that of the highest monarch, even the weak may prevail over the strong. Brihadaranyakopanishad 1-4.14 5 Copyright © 2012 All rights reserved by the individual authors of the works. All rights in the compilation with the Members of the Editorial Board. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording or any information storage and retrieval system, without permission from the copyright holders. Cover design and picture arrangement by Sujaan Mukherjee Photographs by: Dilip Sengupta, Pradip Kumar Ghosh (II), Shyamal Sarkar, Sroyon Mukherjee and Sujaan Mukherjee Note: Photo numbers are preceded by the letter 'P' 6 CONTENTS Message Altamas Kabir 11 Foreword Jainarayan Patel 15 Introduction 17 Acknowledgements 18 Our Contributors 19 3 Esplanade Row (West) Sondwip Mukherjee 27 Columns and Capitals Amlan Dasgupta 39 A Rich Heritage Pradip Kumar Ghosh 45 Justice, Politics and the Contemporary Time: The Courts as a Site of Coloniality in Bengal 1862-1915 Dr Mahua Sarkar 49 The Last Hundred Years (1862-1962) D. N. Sinha 58 The High Court at Calcutta – A Study in Retrospect Dr Debiprosad Pal 90 The Hon’ble Bencher and I Hirak Kumar Mitra 95 Three Generations in the High Court Chittatosh Mookerjee 101 Reminiscences Somnath Chatterjee 108 Remember and be Glad Surendra Kumar Kapur 113 March 1967 to December 2011 Samaraditya Pal 126 The Bar Association Balai Lal Pal 135 The Bar Library Club Jayanta Kumar Mitra 150 7 The Incorporated Law Society: Its Evolution Amal Kumar Sen 164 Nineteenth Century Bengalee Attorneys: Their Rise and Amit Sen 175 Progress Advocate General – Evolution and Transformation Anindya KumarMitra 184 Sheriff of Calcutta Indrajit Roy 189 Gentlemen of the Jury Dilip Sengupta 208 We the Interpreters Arunabha Ghosh 219 International Law in Domestic Jurisprudence Ruma Pal 224 Contribution of Calcutta High Court to the Asok Kumar Ganguly 238 Development of Public Law Remedies Court Nadira Patherya 251 Trial by Media Joymalya Bagchi 260 Our Equity Jurisdiction I. P. Mukerji 279 The High Court at Calcutta and Corporate Laws S. B. Mookherjee 284 Prerogative Writs and the Calcutta High Court in the Bhaskar P. Gupta 289 Pre-Constitution Era The Admiralty Jurisdiction of the High Court at Soumendra Nath 302 Calcutta Mookherjee The First “Taste” of Freedom Sumita Mookerjee 306 Abuse of Rule of Law and Our High Court Sunrit Deb 311 Bimal Kumar Whither Law Reporting? 324 Chatterjee The Right to Property vis-à-vis the High Court at Vikramjit Banerjee 332 Calcutta Republic of India – Some Reflections Kashi Kanta Maitra 341 8 Rani Rashmoni and the Debutter Estate Ahin Choudhuri 351 Swami Vivekananda: In the Corridors of the Calcutta Samrat Sen 358 High Court Fame, Beyond the Back Sheet Sondwip Mukherjee 368 Our Icons 382 Before the Bar of the High Court of History Chandreyi Alam 395 Old Records of the Calcutta High Court Amit Roy 403 Ordhendra Coomar Report of a Civil Suit in Ancient India 417 Gangoly Courts and Judges of Olden Days K. M. Yusuf 424 Subrata Roy Ten Celebrated Cases 433 Chowdhury Sherlockiana: When the Hon’ble High Court solved a Protik Prokash Banerji 453 Mystery of the Origins of a City Haunt in the High Court Sabyasachi Chaudhury 460 Somewhere Miscellaneous Dhruba Ghosh 464 It’s a Clerk’s Life Sumita Mookerjee 472 The Cultural and Philanthropic Sides 475 A Lyrical Libel 482 Obiter dictum by an Unknown Lawyer 486 Contributors' List with photographs 501 9 ADVISORY COMMITTEE EDITORIAL BOARD Chief Justice Chittatosh Mookerjee (Retd.) Chief Justice Chittatosh Mookerjee(Retd.) Dr Debi Prasad Pal Satyabrata Mookherjee Satyabrata Mookherjee Saktinath Mukhopadhyay Anindya Kumar Mitra Surendra Kumar Kapur Bhaskar Prasad Gupta Bhaskar Prasad Gupta Amal Kumar Sen Samaraditya Pal Amit Roy Amit Roy R. N. Jhunjhunwala Sondwip Mukherjee Dipak Deb Dilip Kumar Sengupta Pradip Kumar Ghosh (II) Sondwip Mukherjee Milon Mukherjee Pallab Banerjee 10 Close to the eastern bank of the Hooghly river, which flows its muddy way near Fairlie Place, stands the majestic sandstone and red brick structure of the Calcutta High Court with its arched pillars designed in perfect symmetry in the neo- gothic style. Designed by one Walter B. Granville, it bears testimony to 150 years of history of the Indian judicial system. Standing next to it is the historic Town Hall, the Legislative Assembly and the Raj Bhawan. A little farther away stand two other landmarks - the Eden Gardens and the Mohun Bagan Club. The Sepoy uprising of 1857, which is also referred to as India’s first war of independence against the British, was the beginning of Crown rule over British India which took over the administration being run by the East India Company. In the process, the existing judicial system underwent considerable changes. The Indian High Courts Act was enacted by the British Parliament in 1861 with the intention of replacing the Supreme Court and the Sadar Adalats and to establish High Courts in their place. The said Act empowered the Crown to establish the High Courts of Judicature in the three Presidency towns of Calcutta, Bombay and Madras. The Calcutta High Court was the first to be established by Royal Charter and by grant of Letters Patent on 14th May, 1862. By the said Letters Patent, the High Court of Judicature at Fort William was established in Bengal on and from 1st July, 1862. Subsequently, the Letters Patent of 1862 was revoked and a fresh Letters Patent was published in 1865. With the coming into effect of the Constitution of India on 26 th January, 1950, the High Court of Judicature at Fort William in Bengal was named as the High Court of Calcutta. The Calcutta High Court was thus the first of the Chartered High Courts and was followed by the establishment of the High Courts of Bombay and Madras at about the same time. In its initial stage, the High Court exercised jurisdiction over territories stretching from the North West Frontier Province in the North-West to Assam in the North-East, encompassing within its jurisdiction Agra, Allahabad, Orissa, Bihar and Bengal. After independence and the formation of Pakistan, the territorial reach of the Calcutta High Court was lessened considerably and it now stands confined to West Bengal and the Union Territory of the Andaman and Nicobar Islands, where it has a Circuit Bench. The first Chief Justice of the Calcutta High Court was Sir Barnes Peacock. 11 Justice Sumboo Nath Pandit has the distinction of being its first Indian Judge and was followed by such great personalities as Sir Romesh Chundra Mitter, Sir Chunder Madhab Ghosh, Sir Gooroodas Banerji and Sir Asutosh Mookerjee. Justice Phani Bhushan Chakravartti was the first Indian to become a permanent Chief Justice of the Calcutta High Court and Justice Bijon Kumar Mookherji was the first Judge of the Calcutta High Court to become the Chief Justice of India. Justice Sudhir Ranjan Das was the first Judge of the Calcutta High Court who was elevated as the Chief Justice of another Court, when he was made the Chief Justice of the Punjab High Court in 1949. Subsequently, he became the second Chief Justice of India from the Calcutta High Court. The last Judge from the Calcutta High Court who became the Chief Justice of India was Justice Sabyasachi Mukherjee, who unfortunately did not live to complete his term in Office. Just as the Bench has seen some of the finest legal minds, the Calcutta Bar has also produced Advocates and Barristers of great eminence. It has seen legal giants, such as Radha Benod Pal, Rashbehary Ghose, Deshbandhu Chittaranjan Das and in more recent times, R.C. Deb, Shankar Das Banerjee, Ashok Sen, J.N. Ghosh, Siddhartha Shankar Ray, Sachin Chowdhury, P.P. Jinwala, Ranadeb Chaudhuri and others, who were second to none in the legal fraternity. Many of the great lawyers of the Calcutta High Court were great politicians and parliamentarians and their contribution to the Indian legal ethos is of no less significance. During my stint as the Acing Chief Justice of the Calcutta High Court prior to my departure for Jharkhand, I used to sit in the Chief Justice’s Chamber and look in awe at the pictures and photographs of the former Chief Justices of the Calcutta High Court beginning from Sir Barnes Peacock and contemplate on their contribution to the legal history of the Calcutta High Court, as also the development of law in the country.
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