THE RADICAL CONTENTS : Page No. HUMANIST Obituary: Vol. 84 Number 3, June 2020 A Tribute to my Sat Guru, Ashok Desai 4 Vikram Nankani Monthly journal of the Indian Renaissance Institute Articles and Features: Devoted to the development of the Renaissance Movement and to the promotion of human Corona Pandemic: Time for politicisation 8 rights, scientific temper, rational thinking and of labour consciousness a humanist view of life. Dr. Prem Singh PUCL Statement: Oppose Dilution of Labour 11 Founder Editor: Laws!! M.N. Roy How Modi turned Covid-19 into a cash machine 15 Advisor: Kapil Komireddi Dr. Narisetti Innaiah Justice Lokur: ‘SC Not Fulfilling Its 17 Editor: Constitutional Role Adequately, Needs to Mahi Pal Singh Introspect’ Editorial Board: Karan Thapar Ramesh Awasthi, N.D. 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Neither the IRI/the SCIENCE & PHILOSOPHY Publisher, nor the Editor of this journal will be Review by: Bidyut Bhattacharjee responsible for testing the validity and authenticity of statements & information cited by the authors. Radical Reports: Also, sometimes some articles published in this 1. Review Meeting on Ravipudi’s Writings 40 journal may carry opinions not similar to the Meduri Satyanarayana Radical Humanist philosophy; but they would be entertained here if the need is felt to debate and 2. Great life with simple living- two atheists 41 discuss them. Dr. Naisetti Innaiah June 2020 THE RADICAL HUMANIST 3 Obituary : A Tribute to my Sat Guru, Ashok Desai Senior Advocate Vikram Nankani pens a tribute in memory of former Attorney General Ashok Desai, who passed away on Monday morning. Sumanta Banerjee “Call me Ashok. That’s our Bombay brief, a task which I later understood was convention. No sir, please.” extremely delicate, for he was a man known That was my first memory of the most affable for successfully arguing a final hearing with a human being Ashok Haribhai Desai, speaking “missing brief” without the attorney knowing to one of his colleagues. or the client missing a heart beat. It was my first sighting of the legend, who I was fortunate to soon get another opportunity was only the second lawyer to achieve the to see Ashokbhai work from close quarters. unique distinction of being both a Solicitor This was in 1985 for a group of diamond General and an Attorney General. Although my exporters. I was still an intern. What journey as his junior in Bombay was short, my mesmerised me was his reading of the Court. association with him continued even after he Almost like a soothsayer. moved to Delhi in December 1989 to assume Both the cases obviously had extremely high the role of law officer. commercial stakes in those days, but were Known for being a champion of civil liberty equally sensitive, not only politically, but also on and personal rights, especially during the 1975 account of public sentiment. Issues of morality, Emergency, and his contribution to the hurting religious feelings, and avaricious development of Constitutional law, (Antulay’s profiteering had already hit the headlines. cement case; Shakharam Binder, a play I learnt my first lesson of advocacy. banned; Piloo Mody on allotment of land in what Ashokbhai knew the pulse of the court, knowing is today known as Nariman Point; Ramana precisely where to pitch the arguments, like a Shetty; Narashima Rao no confidence case captain reading the wicket before calling the and Vineet Narain on guidelines for criminal toss. I could see the dexterity with which investigations etc. to name a few), I had the Ashokbhai struck the fine balance between fortune of also seeing him as a remarkable constitutional right to do business, principles of commercial lawyer, who perhaps knew the administrative law, and the high level macro- clients’ business better than the client. Such was scopic approach of the courts. I heard him say his commercial instinct. that in commercial matters, it is very difficult to The first meeting in 1984 was during the manage client expectations as there is no preparation for the infamous beef tallow cases. absolute success. My second lesson. I was an intern then, assisting my father, Shankar After getting my sanad in July1986, I joined Nankani. While the case was in progress, I had Ashokbhai’s chambers. I entered the library in also signed my articles with Wadia Ghandy & Room No. 39 on the second floor of the High Co. working under the late Mr. Anand Bhatt Court (popularly known as the Original Side Bar (one of the three guiding angels in my life Room). Ashokbhai was sitting at the eastern mentioned here). side, on a Chesterfield-type arm chair at the I was asked to “take care” of Ashokbhai’s end of the long wooden table. 4 THE RADICAL HUMANIST June 2020 “Welcome young man, and see if you can evident. After the matter was over, Raghu find a chair. You should be good at playing Kothare insisted on sending me a docket. musical chairs”, said Ashokbhai in his Ashokbhai appreciated his encouraging gesture trademark humorous style. I did not know how but on the condition that he would, to that extent to address him. mark less, since the client was not to be I remembered his dislike for salutary address surprised with additional burden. amongst fellow members at the Bar. I heard Raghu Kothare would not relent and the chamber member Kumar Desai, sitting next to debate was inconclusive. All I know was that him, call him “Ashokbhai”. I got my answer. the next day, I had the cheque in my hands. I By then, senior chamber colleagues like Nitin was recently married, and it was not the first Thakker, Rajani Iyer and Francis Mathews time that Ashokbhai ensured I was paid before, had become almost independent counsel in their if not at the same time as his fees were. own right. My day came. It was a brief from my other The baptism happened over the course of the mentor Anand Bhatt. He candidly informed week. I kept collecting the gems Ashokbhai Ashokbhai that the client could not afford a kept dropping. They have been etched forever. senior. There was another counsel briefed, but I must share some of these mul-mantras. on that day, he too was not available. A God- “Eat what you have and do not look into sent opportunity for any rookie. other’s plate.” The matter was kept at 2:45pm before Justice “Do not worry who is doing what matter, Daud. The issue was a challenge to cancellation because the matter you are briefed in, is the of a permit by the RBI. most important.” When I entered Court 6, I found Mr. TR “No matter is too small or too big. Once Andhyarujina and Mr. Firdaus Talyarkhan someone trusts you with a matter, you have for the other side. I was fortunate to have two to live up to the trust, and do your best.” of the nicest and finest gentlemen as opponents. “Never celebrate when you win a case, To my joy and pleasant surprise, Ashokbhai and likewise, do not mourn when you lose. entered the court room, and told both Move on with the next one.” Andhyarujina and Firdaus about my maiden solo “Learn to say “No”, something an insecure appearance. In the best tradition of the Bombay lawyer will never say.” Bar, he in turn mentioned it to the Judge, and He constantly reminded me that a lawyer is the pressure eased. an officer of the court, for you may lose a case Many are a witness to Ashokbhai’s court craft. or a client, but never lose the Court. “Focus on But his style of backend preparation was also facts, and law will fall in place”. bewildering to most. He never believed in a dress I soon became familiar with the chamber rule, rehearsal, nor did he plan a sequence of which was while one had the freedom to pick arguments. It came naturally to him. It was not up any brief to work on a matter, it was without rare to find one Ashokbhai in conferences, and expectation of being briefed in the same. The a totally different person on his feet in court. “Senior” did not believe in imposing his juniors Ashokbhai had the flexibility to change gears to on the attorneys; that was the quiet message suit the complexity of the matter, the court, the from the senior peers.