ColumnsJustice D. M. Chandrashekhar-A Centenary Tribute (26.9.1920 – 3.10.2003) V.Sudhish Pai26 Sep 2020 12:09 AMShare This – xThe very name Deshamudre Mallappa Chandrashekhar evokes feelings of reverence and brings to mind a gentle stalwart in every sense. He was indeed a colossus on whom everything sat lightly. He was a great judge and a great man, but he was more, almost approximating to an ideal. It is in the fitness of things that we remember and pay tribute to him on his birth centenary and record…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe very name Deshamudre Mallappa Chandrashekhar evokes feelings of reverence and brings to mind a gentle stalwart in every sense. He was indeed a colossus on whom everything sat lightly. He was a great judge and a great man, but he was more, almost approximating to an ideal. It is in the fitness of things that we remember and pay tribute to him on his birth centenary and record our gratitude for such a noble and exemplary life. He was the ultimate in being a gentleman. He did not wear his learning or great qualities on his sleeve. He had humility which Emerson said raises one to the highest point of sublimity and that wonderful quality of simplicity of nature which Tennyson spoke of the Iron Duke: And, as the greatest only are, In his simplicity sublime. This is an occasion for remembering, rejoicing and introspecting. Tradition, said Carlyle, is an enormous magnifier. But traditions are not like instant coffee. Each generation would have to imbibe and cherish them. Prof. Upendra Baxi aptly observed that we live in an era of massacre of ancestors which is now considered a public virtue and a sign of worldly progress. But collective amnesia of what happened in the past is not an estimable value. Without living in the past, its recall is important, for it necessarily presages a future. We cannot forget the enduring relevance of the past and its torch bearers. Justice Chandrashekhar was born on September 26, 1920 at Tiptur. His father Shri D.S. Mallappa was active in public life and was a member of the erstwhile Mysore Legislative Council. He was one amongst the earliest to stage a walk out of the House which earned him the sobriquet of Walkout Mallappa. His mother was Smt.Gangamma. Among their eight sons and two daughters, Chandrashekhar was the second child and son. He did his schooling at Tiptur and collegiate studies at Intermediate College and Central College, Bangalore from where he graduated in 1940 with a degree in Economics. He studied law at Government Law College, Bombay and secured his law degree in 1942. 1942 was the age of national fervour and the peak of the freedom struggle with the Mahatma’s clarion call to the British in August 1942 to quit India. Young Chandrashekhar participated in the Quit India Movement and was in jail for sometime. He then proceeded to do his Masters in Economics from Central Hindu College, Benaras Hindu University, Varanasi where the venerable Dr. Radhakrishnan was the then Vice Chancellor. He obtained the MA degree in 1944 securing the first rank and winning the gold medal. He then joined Government service but resigned sometime later. On May 23, 1945 Chandrashekhar married Smt. Umadevi who is now only 5 years short of a century and is happily with us. They have two sons- Amarnath who is an engineer and settled in the US and Shivdev who is into the advertising industry and is in Bangalore. Chandrashekhar was enrolled as an Advocate on January 24, 1946 and started his career in law which was to be his lifelong profession. For a long time he was a junior of Shri Ethirajulu Naidu, a doyen of the Bar and the State’s Advocate General for several years as also the Standing Counsel for Income Tax Department. All this gave Chandrashekhar a great exposure to a variety of cases and a large canvas of practice and a firm grounding in various branches of law. The senior reposed immense confidence in him and the junior fully justified it and lived up to the senior’s expectations. His practice was generally in the High Court and included civil, criminal, constitutional and tax cases. He tried to enter public life like his father and unsuccessfully contested as a candidate for the State Assembly from Tiptur constituency in the first general election in 1952. That was his only short brush with politics. He then concentrated on law alone and made it really good. Chandrashekhar was Government Pleader in the High Court from November 1957 to March 1963 and he handled the bulk of the State’s litigation. Between March 1963 and September 1963 he was Assistant Advocate General. Whether as counsel for a private litigant or for the State and its authorities, his preparation for a case was always thorough and his arguments were succinct and objective. A fair opponent, he graciously conceded untenable positions. He was held in high esteem by the judges and the advocates and commanded respect and admiration. Chandrashekhar was appointed Additional Judge of the then Mysore High Court on September 20, 1963 and then began a glorious judicial career. He became a permanent judge on March 15, 1965. In July 1976, at the height of the spurious Emergency he was transferred to the Allahabad High Court. This was considered a case of victimization for his bold and ringing judgment in the Habeas Corpus case of the Opposition leaders. On May 9, 1977 he was appointed Chief Justice of Allahabad High Court. He declined judgeship of the Supreme Court. It is interesting that in his letter to the Chief Justice of India on October 3, 1977, Justice Chandrashekhar requested the CJI to withdraw his name from the CJI’s recommendation for the judgeship of the Supreme Court. He was transferred back to the Karnataka High Court as Chief Justice on March 22, 1978 and retired as such on September 25, 1982. These are the bare details, but they hardly reveal his qualities as a judge and a man. His judicial tenure was marked by a sound knowledge of law, a true sense of justice tempered with mercy, sturdy uprightness, staunch independence, sterling integrity. He discharged the duties of his office and dispensed justice absolutely in consonance with his judicial oath. No considerations except the merits of the case ever mattered to him. It might be said of him as was said of Sir Asutosh Mookerjee, that no junior felt embarrassed in his court where good law was well administered and he ever walked with a firm step holding aloft the torch of justice. His one burning desire was to do real justice. He was patience personified. He did not lose his temper or indulge in cheap jokes. He treated everyone with unfailing courtesy and unfeigned humility. All who knew him or came in contact with him will recollect with nostalgic pleasure his innate graciousness. He never dismissed any case for default. Indeed, no judge worth his salt is expected to do that. That is not dispensing justice, but dispensing with justice and adding to the statistics; that is not what judges are there for. If lawyers were not present, he would send for them and hear them at their convenience. A court room is to reflect an atmosphere of freedom and fairness. As Justice Chagla said, discourtesy to the Bar is essentially evidence of weakness in the judge and while dispatch is important, dispatch at the cost of justice is a complete perversion of the judicial process. In Justice Chandrashekhar’s court none felt ill at ease and all were sure that every effort was made to see that right was not worsted and that wrong did not triumph. His 19 years long tenure as judge and chief justice of two premier High Courts is reflected in the law reports and his judgments cover a wide spectrum of the law. He was particular that a judge had to give his best to every judgment or order that he wrote and therefore he should bestow his full attention and, if necessary, revise and re -revise whatever is written. Justice Chandrashekhar was soft as a flower and hard as a diamond. While he was always gentle, kind and soft spoken, he could be quite stern and unwavering in upholding the rights of the people and the independence and dignity of the judiciary. As the senior most puisne judge of the Karnataka High Court he had told the then Chief Justice of India, Shri A.N.Ray who wanted to sit in the court on the dais with the High Court judges so as to help him make appointments to the Supreme Court, that the High Court judges were not inviting him (CJI) or permitting him to sit with them. He said that under the Constitution the High Court was not administratively subordinate to the Supreme Court and the CJI sitting on the dais to watch the proceedings would give an impression that he was inspecting the High Court which he was not entitled to. To the CJI’s remark that he would be justified in sitting on the dais because he had a constitutional responsibility of recommending suitable judges of the High Court for appointment to the Supreme Court, Justice Chandrashekhar typically replied that in that event the High Court judges were not interested in becoming judges of the Supreme Court. What a stellar example of independence and integrity! During the Emergency, he presided over the Bench dealing with preventive detention cases and habeas corpus petitions. He would direct that detenus be brought to the court when their cases were being heard. This was to enable them to watch the arguments in their cases and even more to help them come outside the jail, breathe some fresh air and see their relatives, friends and lawyers. So great was his solicitude for liberty and the sentiments of the citizens. In the habeas corpus petition of Shri Atal Behari Vajpayee, Justice Chandrshekhar (in tune with many other High Courts) held that while the proclamation of emergency or its continuance was not justiciable, in spite of the Presidential Order suspending enforcement of the fundamental rights under Arts 21 and 22, the court could examine whether the order of detention was in accordance with law and satisfied the conditions precedent for the exercise of the power, whether it was malafide and whether it was based on relevant material, and pass appropriate orders accordingly. This view of nine High Courts was overturned by the Supreme Court in ADM, Jabalpur. The law declared therein was nullified by the Constitution 44th Amendment Act in 1979; while the obsequies were performed in the Privacy judgment in 2017. His judgment in favour of the citizens, upholding the right to personal liberty resulted in his transfer to Allahabad in July, 1976. But it earned him the admiration and esteem of all lovers of liberty. He had adhered to his conscience and the judicial oath and a true interpretation of the Constitution. Post retirement, Justice Chandrashekhar deeply involved himself in social service and devoted his time and energy to many a noble cause. His life and work exemplified simple living and high thinking. He knew with Disraeli that money is not the measure of a man, but it is often the means of finding out how small he is. We recall Justice Brandeis’ telling remark that independence comes not from the amount one earns, but from how one spends whatever one earns, that is, from the kind of life one leads. The purpose of arbitration is to achieve simplicity, expedition and economy. Justice Chandrashekhar would hold most of his arbitration sittings in Gandhi Bhavan. That ensured minimum expense for the parties and also meant some contribution to a noble cause. There is the instance of the party proposing that the arbitration be held at Hotel West End, Bangalore and Justice Chandrashekhar suggesting and having it fixed up at Gandhi Bhavan. The fee that he charged as arbitrator was meagre, particularly compared to the present day mercenary tendencies. Once he was an arbitrator in a case where one of the parties was a British company. Some sittings were in London. The sittings extended over the weekend. He was put up in Hotel Savoy in London. He considered such luxurious accommodation a criminal waste of money and shifted to Bharatiya Vidya Bhavan for his stay. Such was his sense of austerity. In another arbitration between NGEF and a German company- AEG, he found, on making a study, that NGEF had a weak case and continuing with the arbitration was unnecessary, avoidable expenditure and an award going against NGEF would be a drain on the tax payer’s money. He accordingly advised a settlement which was entered into between the parties thus saving public money. This was the man. His sense of austerity and lack of ostentation are also borne out by the fact that when people from his home town Tiptur wanted to felicitate him on his becoming the Chief Justice, he quietly turned down the offer and asked them instead to spend the money they had earmarked for the felicitation for improving civic amenities in their place. Justice Chandrashekhar was equally simple and unostentatious in his personal life. He was a true Gandhian. He was frugal in his habits. He preferred to walk rather than go by car whenever the distance to be covered was walkable. He was generous to a fault, spending so little on himself. He was blessed with a life partner who shared his ideas and ideals. Smt. Umadevi denied herself many worldly pleasures and comforts to keep pace with her sage-like husband and rendered it easy for him to live his life in the manner he wished and donate his time, attention and money for worthy causes. Even in his death he was the same. He passed away quietly and unobtrusively as to the manner born on October 3, 2003 aged 83. In accordance with his Will his eyes were donated to an eye bank and his body handed over to the Anatomy Department of M. S. Ramaiah Medical College for medical research. As directed, the liquid assets out of the savings of his individual income were donated to charity. “…If human life is not to suffer from incompleteness and imperfections, it has to seek satisfaction from those inner yearnings, deep and dormant, which manifest themselves in emotions and feelings, the craving in the human heart for things of beauty, of art, things which put us in tune with the still sad music of humanity and the melody born out of the pain and joy of life.” Justice Chandrashekhar was fully aware of this verity and for him all power and authority were only mere wayside stops in an exciting journey of exploration of the moral and spiritual dimensions of one’s personality. It may be said of him that he prized most of all an untarnished soul, striving to set his own standards and values and live in the world without seeking its approval or flinching at its detraction. He was aware that the only footprints that remain on the sands of time and are indeed worth leaving, are the footprints that are formed and grow out of a man’s competence and character. All outward embellishments, all that one normally considers very valuable, the trappings of office, the paraphernalia that surrounds it, the pomp and show that become an accompaniment of status, are rooted in the weakness of human nature. No man of vision or substance attaches importance to them. Justice Chandrashekhar never did. He endeavoured to so live as to fulfill Rudyard Kipling’s prayer: Grant us the strength that cannot seek/In thought or word to harm the weak/ That under thee we may possess/ Man’s strength to comfort man’s distress. It is a sad reflection on the spirit of our times that half- baked ideas reared by chance have sway and what is expedient passes for the ethical. The engulfing tides of the general decline in values and ideals in society as a whole have not turned their course and passed by any individual or institution. The crucial issue is to restore the ethical and moral dimension to our individual and public life. Sure footed time will tread out lesser figures. Justice Chandrashekhar will continue to live in our minds and hearts. As Thomas Campbell said he is not dead ‘whose glorious mind lifts thine on high, to live in hearts we leave behind is not to die.’ If our heritage is not to perish and our society is to endure, we need to remember and honour such men. In an atmosphere where pursuit of the higher and nobler ideals is becoming increasingly rare, it is well for us to pause and take count of our coarser selves. It will be fruitful to recall and take inspiration from men like him. He has a lesson to teach us, if we care to stop and learn; a lesson quite at variance with most that we practise and much that we profess. The greatest tribute one can pay a man is to emulate him and carry forward his legacy. That is what we owe to ourselves. These beautiful words from Milton’s Paradise Lost aptly describe Justice Chandrashekhar: …….. unmoved,/Unshaken, unseduced, unterrified,/ His loyalty he kept, his love, his zeal,/ Nor number, nor example, with him wrought / To swerve from truth or change his constant mind.Views are personal only.Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story
Rick Friedman/Rick Friedman Photography/Corbis via Getty Images(WEST PALM BEACH, Fla.) — Palm Beach County launched an internal investigation into its sheriff’s deputies monitoring of Jeffrey Epstein, following allegations he had “improper sexual conduct” while on work release from jail.Epstein served a 13-month jail sentence in 2008 after he pleaded guilty to soliciting prostitution in a deal with federal prosecutors. The Palm Beach County Sheriff’s Office allowed Epstein to participate in a work-release program wherein he could spend up to 12 hours a day, six days a week, at his office in West Palm Beach, despite being registered as a sex offender.This week, Epstein was accused of having “improper sexual contact” with young women while on that work release by attorney Brad Edwards, who is representing several alleged victims in a new federal sex trafficking case against Epstein.The Palm Beach County Sheriff’s Office announced Friday that Sheriff Ric Bradshaw “ordered an Internal Affairs investigation into the Jeffrey Epstein matter,” according to a statement.“Sheriff Bradshaw takes these matters very seriously and wants to determine if any actions taken by the deputies assigned to monitor Epstein during his work release program violated any agency rules and regulations, during the time he was on PBSO work release program,” the statement said.“All aspects of the matter will be fully investigated to ensure total transparency and accountability,” it continued.Attorney Edwards claimed Epstein “was able to have visitors that were under the age of 21” while on work release, but he knows none who were under the age of 18.“What you’re going to learn is he was not sitting there conducting some scientific research for the betterment of the community, but he was having office visitors, some who were flown to him from New York and continuing to engage in similar conduct, literally while he was in ‘jail,’” Edwards claimed.Epstein, 66, was arrested on July 6 for alleged sex trafficking of minor girls in Florida and New York. Some of the charges date back to the early 2000s.On Thursday in New York, he was denied bail. He faces up to 45 years in prison if convicted.Copyright © 2019, ABC Radio. All rights reserved.
“All materials will be delivered in an easy and entertaining way. The program will be monitored and evaluated by the ministry and civil society organizations,” Usrin said.Education and Culture Minister Nadiem Makarim said Belajar dari Rumah was the ministry’s effort to help students who faced hindrances in remote internet learning.”This program could help students who have limited internet access due to economic or geographic reasons,” Nadiem said on Thursday as quoted by kompas.com. (dpk)Topics : The broadcaster’s acting director of news and programs, Usrin Usman, said the education program would start airing on Monday at 8 a.m.”Besides educational programs for students from Monday to Friday, we will also air guidance programs for teachers and parents, as well as cultural programs on weekends,” Usrin said.Read also: To master home school, keep it fun and focus on the basicsThe programs will focus on developing students’ literacy, numeric skills, character and life skills. Public television broadcaster TVRI will air a full-day educational program called Belajar dari Rumah (Study from Home) for three months to help students who are required to study from home as a result of the COVID-19 pandemic.TVRI acting president director Supriyono said the program was held in cooperation with the Education and Culture Ministry.”The program will cover learning materials for students of elementary school, junior high school and senior high school, as well as additional information on parenting,” Supriyono said during a press briefing on Friday.
Are you looking for a thrilling career in the sports industry? Touch Football Australia (TFA) is seeking suitably qualified applicants for positions in our Western Australia, Northern Territory and Victoria office. Please click on the respective jobs below to open the Position Description.Events and Competitions Coordinator (Western Australia)Applications for this opportunity close at 5.00pm (AEDT) on Wednesday, 1 March 2017.Part Time Events and Competitions Coordinator (Victoria) Applications for this opportunity close at 5.00pm (AEDT) on Wednesday, 1 March 2017.For further information or to lodge your application for these career opportunities, please email [email protected] Operations Manager (Northern Territory) Applications for this opportunity close at 5.00pm (AEDT) on Wednesday, 15 March 2017.Sport Operations Coordinator (South Australia)Applications for this opportunity close at 5.00pm (AEDT) on Wednesday, 15 March 2017.For further information or to lodge your application for this career opportunity, please email [email protected] LinksPositions Vacant
About the authorPaul VegasShare the loveHave your say Liverpool’s two goal Shaqiri: I always try to make an impactby Paul Vegas10 months agoSend to a friendShare the loveLiverpool’s two goal Xherdan Shaqiri was delighted with his role after their 3-1 win over Manchester United.Speaking to Liverpoolfc.com after the final whistle, the Switzerland international explained how he used his natural disappointment with being a substitute as motivation to influence the outcome when he got a chance.“Every player is not happy when he is on the bench, that’s pretty normal. But only 11 players can play – the coach decides,” said Shaqiri to liverpoolfc.com.“I always try to make an impact when I come on or play from the beginning. Today was a very good impact with the two goals, I’m delighted.”He added: “It was an amazing win and important, too. We played very well. In the second half, we did more than Manchester United – we tried and tried. In the end, we fully deserved to win this game.“When you see the statistics, we did everything in this game to win. It was very intense and we kept the high intensity in this game. It was an important win and a nice win against Manchester United.”
About the authorPaul VegasShare the loveHave your say Man Utd boss Solskjaer delighted with Rashford, Lukaku for Bournemouth routby Paul Vegas10 months agoSend to a friendShare the loveManchester United boss Ole Gunnar Solskjaer was delighted with his goalscorers for victory over Bournemouth.A cavalier display in the first half at Old Trafford saw United score three times, with Paul Pogba netting his second double in successive matches and Marcus Rashford grabbing the other.Solskjaer’s side conceded their third goal in as many games when Nathan Ake headed in before substitute Romelu Lukaku fired home a fourth.The manager said, “I think Marcus has been different class since I have come in. He has scored two goals now in three games. His work rate is unbelievable. He closes down, chases, runs in behind and his skill for the first goal for Paul today was [brilliant]. The first thing is he holds up the ball up and hasn’t got the right to go past the first defender, but then to go past the second defender… he has got all the potential in the world to be a top, top striker.”On Lukaku, he also stated: “He is a good, good target man, but if you tell him to be a target man he will never face the goal. Today he was side on, so he could go in behind or go towards the ball and he has got the attributes of a top striker, but we need to work on his fitness because he has had a few days off, but I am delighted for him even though he was half a yard offside, but it was still a good finish.”
About the authorPaul VegasShare the loveHave your say Huddersfield out of FA Cup after Bristol City defeatby Paul Vegas10 months agoSend to a friendShare the loveHuddersfield Town are out of the FA Cup after a 1-0 defeat at Bristol City.A third-round tie low on quality was settled by Josh Brownhill’s 72nd-minute strike, the midfielder dispatching his fourth goal of the season after twisting and turning in a congested penalty area.Until then, after a largely forgettable first half, Huddersfield had looked the more likely winners with half-time substitutes Alex Pritchard and Steve Mounie adding pace and purpose to their attacks.But Huddersfield are bottom of the Premier League for a reason, they have scored only 13 times in 21 top-flight games and have little, if any, confidence in front of goal.Against Bristol City, opponents unbeaten in eight Sky Bet Championship games, and increasingly finding form as the season unfolds, it was to prove their undoing.
Ex-Wolves stalwart Edwards lauds strong leader Coadyby Ansser Sadiq8 days agoSend to a friendShare the loveFormer Wolves stalwart Dave Edwards has praised Conor Coady for his leadership skills.The former Liverpool man has been a mainstay for Wolves since Nuno took over the dugout.Edwards said: “Conor has always been a leader. He’s so vocal – such a big talker.”He’s like that every single day in the dressing room, and such a happy guy as well, always having a smile on his face.”That raises the energy in training and around the place, even when you’ve lost a game.”Conor was the natural choice for Nuno, and he has revelled in the centre of defence.”It was a natural option. He can see the pitch from there and organise.”He has been a leader since he was a teenager, captaining England at youth level. I just hope he gets a chance at senior level with England now.” About the authorAnsser SadiqShare the loveHave your say
QUEBEC – The Quebec government launched the province’s first digital strategy Wednesday, announcing $1.5 billion over five years to boost the level of internet-based services throughout the province and to help make Quebecers more computer literate.Quebec’s plan includes giving every citizen access to high-speed internet, regardless of where they live, and fully digitalizing all patient health records and have them available online.Premier Philippe Couillard told reporters after his announcement that from now on, Quebec needs to “think, act and interact” differently.Economy Minister Dominique Anglade was present during the announcement and said an additional goal of the strategy is to make Quebec a world leader with regard to information technology training.“At a very high level, the message is we want to make sure Quebec is a leader in terms of digital strategy and digital transformation,” she said.Couillard said his government’s initiative will be positive for all Quebecers, whether they are regular citizens, bureaucrats in government or entrepreneurs.“It is not a luxury, it is not an option, it’s a necessity to elevate Quebec to the same level as other industrialized societies with regards to the adoption of digital technologies,” he said.“It is really the sign of the new world, of a new society that is emerging around us.”Part of the strategy calls on schools and municipalities to increase their digital presence.“It is no longer science fiction to think our children will be trained on how to code,” Couillard said. “Students will take part in activities involving robotics from the time they are very young.”The plan also offers measures to help entrepreneurs with information technologies.About 1,700 small- and medium-size businesses will have access to subsidies for digital projects.The strategy follows widespread public consultation and its implementation will be overseen by a new digital council.One-third of the $1.5 billion outlined had already been announced.Couillard also discussed his plan to give Quebecers access to their medical records online.He played down suggestions the focus on the digital world is a security risk to patient confidentiality.Couillard said having the proper technology is more secure than a paper-driven health system.“There is an illusion that the current way of things is better in terms of security,”he said. “It is not. Having a pile of paper on a desk that can be picked up by anyone is hardly something that is secure.“So with the proper technology and the proper way of doing things, we can reach a much higher level of security than is present today.”Many details of the government’s digital initiatives still need to be released.
The Canadian Press Companies in this story: (TSX:TRZ) MONTREAL — Transat A.T. Inc. says it earned $7.8 million in its latest quarter, down from a year ago when its results were boosted by the sale of its interest in Ocean Hotels.The Montreal-based travel company says its fourth-quarter profit amounted to 21 cents per share for the quarter ended Oct. 31, compared with a profit of $148.1 million or $$3.97 per share a year ago.On an adjusted basis, Transat says it earned 45 cents per share in its most recent quarter, compared with an adjusted profit of $1.24 per share in the same quarter last year.Analysts on average had expected a profit of 41 cents per share, according to Thomson Reuters Eikon.Revenue totalled $668.3 million, down from $698.6 million.Transat says the results came as the company completed the acquisition of its first parcel of land in Puerto Morelos, Mexico, as part the development of its hotel division.