Chief Justice of India DY Chandrachud at the 4th Ram Jethmalani memorial lecture
Chief Justice of India DY Chandrachud today narrated key moments from the life of Ram Jethmalani, who was known as the country's top criminal lawyer and legal mind. The Chief Justice of India said Ram Jethmalani's legacy endures not only because of his unparalleled mastery over the law, but also due to his relentless pursuit for justice through legal and constitutional means.
"He was a luminary who left a profound and lasting contribution to the field of law," Chief Justice Chandrachud said while delivering the 4th Ram Jethmalani Memorial Lecture.
"Yesterday was the 100th birth anniversary of this extraordinary legal luminary. It is not every day that we get the opportunity to celebrate the legacy of one of the greatest personalities. He donned many robes - he was India's top criminal lawyer and legal mind; he was an acclaimed parliamentarian; he was elected as a member of the Lok Sabha twice and was elected to the Rajya Sabha once," Chief Justice Chandrachud said.
"Ram Jethmalani's first case was before the Sindh High Court at a young age of 17. The enrolment rule prescribed a minimum age of 21 years, which prevented Ram Jethmalani from starting his legal career. Ram argued his own case before the Chief Justice of the Sindh High Court when he was a student of law challenging the minimum age criteria prescribed by the rule," the Chief Justice of India said.
"He passionately argued before the Sir Godfrey Davis that his parents would not have permitted him to study law if they knew that he would not be able to support the family for four years after graduating. In essence, it was an argument of legitimate expectations. Ram clothed his argument of legitimate expectation with an emotional undertone and it worked in his favour. Sir Godfrey, who was swayed by Jethmalani's persuasive skills, asked the Bar Council to amend the rules and introduce an exception. It was right at that time (at a young age of 17) that both Ram and those around him realised that he was going to be a formidable force in the legal fraternity and who had the ability to take the courts by a storm," Chief Justice Chandrachud said.
"During his legal career which spanned over decades, Ram argued as a defence lawyer in a lot of high profile cases... When asked if he appeared for a lot of high profile cases because it paid him well. He replied, 'Of course, naturally'. He also went on to say that a 'lawyer who refuses to defend a person on the grounds that people believe him to be guilty is himself guilty of professional misconduct'," Chief Justice Chandrachud said.
"But, Ram also understood that access to justice would be an illusion if lawyers charge exorbitant professional fees for appearances. He recognised the deep inequalities which plagued the society and was deeply concerned about the injustices meted out to the common citizen. By some estimates, he charged only 10 per cent of his clients and 90 per cent of the cases were handled by him pro bono," the Chief Justice of India said.
Chief Justice Chandrachud also spoke about the challenging times when he took charge of the Supreme Court.
"The COVID-19 pandemic had just started receding when I took charge as the Chief Justice of India. I was aware of the huge responsibility which I would be shouldering. The pendency rates had increased because of the pandemic. Most of us had lost somebody dear. The pandemic had not only brought the world to a standstill but also left emotional scars from which we are yet to recover. While I knew that I had to prioritise speedy disposal, I also knew that I had to prioritise the mental health of lawyers and registry officials by not pushing them to overwork themselves - both physically and mentally. They are not poster persons of the justice delivery mechanism, but they are certainly at the forefront keeping the cart moving one day at a time. It is important that their efforts are recognised," he said.