During Dussera vacation, I was reading Justice D.S.Tewatia’s autobiography “A Journey Less Travelled”. Justice Tewatia writes about an interesting event which would have affected the career of Justice V.S. Malimath as Chief Justice of Karnataka High Court.
Before going to the issue, let me say few words about these two judges in brief.
Justice Dr. Justice V.S. Malimath is certainly one of the finest judges this country has seen. He was born on 12 June 1929. He secured First Rank in LL.B. and a post graduate diploma in Public International Law from University of London in 1952. He commenced practice in the High Court of Bombay in 1952 and shifted to Bangalore on 1 November 1956. Appointed Advocate General in 1968. Appointed Judge of the High Court of Karnataka on 5 March 1970 and Chief Justice on 6 February 1984. Transferred to Kerala as Chief Justice on 24 October 1985. After retirement was Chairman of the Central Administrative Tribunal, and then Member of the National Human Rights Commission. Headed the Committee on Reform of Criminal Justice System in India. Was the U.N. Representative to monitor human rights enforcement in Nigeria and Sri Lanka. And was an International Observer to oversee the Referendum in Sri Lanka. Perhaps one of the biggest contributions from Justice V.S. Malimath is his recommendations on reforms in the criminal justice system.
Justice D.S.Tewatia was born on 1 June 1930. After Collegiate Education in India, he was called to the Bar from Lincoln’s Inn. Enrolled as an Advocate in the High Court of Punjab on 25 November 1955. Appointed as Advocate General of Haryana. Appointed as Additional Judge of Punjab and Haryana High Court on 6 February 1970 and Permanent Judge from 20 April 1971. During emergency, he was transferred to the High Court of Karnataka from 28 June 1976. Transferred back to Chandigarh on 19 July 1977. Was Chief Justice of Punjab and Haryana High Court from 15 October 1987 to 29 October 1987. Was appointed as Chief Justice of the Calcutta High Court on 3 November 1987 and he demitted office on 2 May 1988.
Justice G.K. Govinda Bhat was Chief Justice of Karnataka High Court from 7 June 1973 to 14 December 1977. Justice D.M. Chandrashekar was Chief Justice of Karnataka from 22 March 1978 to 25 September 1982. Justice Bhimaiah was Chief Justice of Karnataka High Court from 28 October 1982 to 10 April 1983. After Justice Bhimiah, in normal course, Justice V.S. Malimath was in line for Chief Justice. But since Justice Tewatia was transferred to Karnataka High Court, he became the senior-most judge after the Chief Justice.
Justice Tewatia wanted to go back to Punjab and Haryana. At this juncture, Justice Tewatia writes in his autobiography how he was pressurised to stay back so that he could be the Chief Justice of Karnataka High Court for next 9 to 10 years. Justice Tewatia writes; “Chief Justice Govind Bhat did not like the idea of my going back to Punjab and Haryana High Court. He told me that it was also the consensus view of the Bar members. He told my wife that he would sit Dharna at our house, if we thought of leaving Karnataka High Court. He asked me as to what was the problem? That you are so senior that you will remain Chief Justice of Karnataka High Court for almost 9/10 years and yet you are leaving this Court.‘ Chief Justice Bhat nursed this regret as is apparent from his letter dated 20:12:1982 wherein he writes: ‘Mr. Justice Bhimayya is the present Chief Justice of Karnataka and he is retiring in May 1983. (I was to succeed him, if I had decided to stay on as Judge of Karnataka High Court). It is talked that some one from outside the State will succeed him as CJ. I wish you had continued in Bangalore. That is what several Advocates express even now.”
However, Justice Tewatia stuck to his decision and opted for transfer to Punjab and Haryana High Court.
When this letter was written, Justice G.K. Govind Bhat had already retired on 14 December 1977 and Justice Tewatia was Judge in Punjab and Haryana High Court.
Justice V.S. Malmath thus became the Chief Justice of Karnataka High Court after Justice Bhimaiah and continued to be so till he was transferred to Kerala High Court on 24 October 1985.
Justice Tewatia continues “Justice Venkataramaiah, who was 4 steps junior and Justice Venkatachalaiah who was almost 8 steps junior to me both, retired as Chief Justices of India”
Needless to say, this applies to Justice V.S. Malimath also. He would certainly have been the greatest asset to Supreme Court. I am told Justice V.S.Malimath declined the much delayed offer for his elevation to Supreme Court.
This writeup has absolutely no insinuation of deciphering the intentions behind the events which unfolded then or suggesting to correct any historical injustice.
Daksha Legal 