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CK Daphtary’s Unending Legacy at the Bar Revisited by Fali Nariman Today on His 94th Birthday

  • Posted on January 12, 2023
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  • By Akta Yadav
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CK Daphtary:-
About Mr. Fali Nariman Fali Sam Nariman serves as a highly esteemed senior advocate at the Supreme Court of India with his professional expertise in Constitutional Law and International Arbitration known worldwide. Fali Nariman had started practicing at the Bar in 1971 and has also served as the President of the Indian Bar Association for nearly 20 years and as a Member of the Rajya Sabha. Today, in event of his 94th birthday dated 11th January 2023, Mr. Fali Nariman revisited his prestigious lecture titled, “The CK Daphtary Memorial Lecture of April 1, 1987: The Judiciary and the Role of Pathfinders”. CK Daphtary About CK Daphtary Mr. CK Daphtary’s greatness as the most articulate pleaders of all time to argue before the Supreme Court of India cannot be summed up in words. His excellency has served at several positions such as the Solicitor General of India, Attorney General of India, President of the Indian Bar Association and a Rajya Sabha member. Braveries of CK Daphtary in the Memorial Lecture by Nariman The duo of CK Daphtary and Fali Nariman has been known for their deep friendship and joint feats on the professional ground, however, there was a huge age gap between the two legends and Fali Nariman admired CK Daphtary with all his heart in the initial years of his career. The ADM Jabalpur Case:T oohis case is still known to be a groundbreaking matter to have come up before the Supreme Court in the 1970s which has a never-ending impact upon the boundaries of the Indian Constitution even today. By the time that the case had come up before the Supreme Court, CK Daphtary was too old and feeble to argue this case before the Court, however, he did make a little contribution. A brave CK Daphtary walked up to the then Chief Justice of India, AN Ray and demanded that the bench hearing the matter must be changed. The Chief Justice had the power to constitute a Constitutional Bench of 5 judges of his choice and CK Daphtary demanded that the senior most judges must be a part of the Bench hearing the matter. On his demand, CJI Ray, with an air of sheer reluctance, questioned CK Daphtary whether he had made a similar demand before any other sitting Chief Justice. CK Daphtary replied in the affirmative. He said that he had asked CJ SR Das about the same in another case but his demand was turned down. The entire bar and bench knew the admiration that the sitting Chief Justice Ray held for ex- Chief Justice Das. However, the next day, the Constitution bench was reconstituted and the 5 seniors most judges of the Supreme Court were invited to hear the ADM Jabalpur case. The Jeejeebhoy and Vajravelu Case:The present case was to be heard by CJ Gajendragadkar and all knew about his capricious temperament in Court. No counsel was allowed to challenge the Chief Justice. Here again, the brave CK Daphtary owned his role of challenging the sitting Chief Justice Gajendragadkar from hearing the matter since the Chief Justice was himself a member of the housing committee which was involved in the dispute. CK Daphtary CK Daphtary represented the Government and all knew that if CJ Gajendragadkar would hear the matter, the side of the government would have won, however, the greatness of CK Daphtary lies in the fact that he separated grain from chaff. He did not argue with authority since he knew that the petition was filed by Purushottam Trikamdas was on the rightful side and as a result, the petitioners won.Do visit our website for more such articles where we share The True Stories of The World, The Top Stories World.Com.
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