The Supreme Court on Thursday held a full court reference for Vinod Kumar Singh, Arun B Saharya, VN Ganpule, S.K. Dholakia and PN Nag for their service to the law and justice.
At the full court reference, Chief Justice N.V. Ramana said the Court has assembled with a profound sense of grief to pay homage to the distinguished members of the legal fraternity, who have made substantial contributions in the field of law.
Vinod Kumar Singh
On the contribution of Justice Vinod Kumar Singh, the CJI said he was born on 1st March, 1947. He first obtained a degree in science and then in law from Allahabad University. During his college days, he was hugely popular among the students and he used to always come forward to help fellow students. He was also elected as the Social Secretary of his hostel.
He enrolled in the U.P. Bar Council on 19th March 1975 and started his practice in District Court, Gonda. He has practiced in various courts throughout his tenure at the Bar and was appointed as the Public Prosecutor for a short while.
In the year 1982, he shifted to Lucknow with his family. There, he joined the Chambers of late B.K. Singh, Advocate, who was later elevated as a Judge of the High Court of Allahabad.
Between the years 1995 and 2000, he served as the Standing Counsel for the State of U.P. and represented the State before the High Court of Allahabad in various important matters. He also represented various corporations before the High Court of Allahabad as their panel lawyer.
In 2003, he represented the State of U.P. before the ‘Liberhan Commission of Inquiry’.
He had the distinction of serving as the Additional Advocate General for the State of U.P. before the Lucknow Bench of the High Court of Allahabad, during the years 2004 to 2007. In recognition of his ability, dedication and sincerity as a lawyer, the High Court of Allahabad designated him as a Senior Advocate in the year 2006.
He also appeared before the Supreme Court of India in various civil and criminal matters. He appeared in Vishwesh Nath Vs The State Of UP, wherein the role of democracy in a local body was highlighted. He was also a counsel in the case of Dr. Surendra Pandey Vs State Of UP & Ors., wherein the court clarified the nature of substantial justice and its primacy over technicalities.
Singh was also deeply concerned about the welfare of advocates and espoused their causes. He served as the Vice-President of the Oudh Bar Association. He was also a Member of the Supreme Court Bar Association, a Lifetime Member of the Indian Law Institute, and the Bar Association of India.
He was an avid reader. Very early in his life he got inspired by the Gandhian philosophy of ‘Truth’, ‘Boldness’ and ‘Struggle’ after reading the books authored by him. He was known to be a man of character, who always upheld moral values and ethics, and he had a great belief in God.
He left for heavenly abode on 05th May, 2021 and is survived by his wife, Smt. Saroj Singh, son Ashutosh Singh, who is an Advocate practicing in the High Court of Allahabad and presently representing the State of U.P. as the Standing Counsel; and daughter, Ms. Rashmi Singh, who is an Advocate-on- Record in the Supreme Court
Justice Arun B. Saharya
On Justice Saharya, the CJI said he was born into a family of distinguished educationists on 15th September, 1940. He completed his graduation from St. Stephen’s College, University of Delhi.
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Following in the footsteps of his late father S.B. Saharya, he obtained his degree in law from the University of Delhi. During his college days, he excelled in extracurricular activities and was the best cadet in the Republic Day parade.
He enrolled as an Advocate in the Mysore State Bar Council in October 1963 and later in the Delhi Bar Council in August 1965. Initially, he joined the chambers of Senior Advocate Prakash Narain, who later became Chief Justice of the Delhi High Court.
Upon starting his independent practice, he was appointed as Standing Counsel for the Union of India. He also appeared for other statutory bodies and represented private clients.
He appeared in many cases of importance, such as Indian Chemical and Pharmaceutical Works Vs. State of A.P., which pertained to the constitutionality of certain rules on the manufacture and export of chemicals.
His areas of practice included service law, administrative law, and property law.
In view of his vast experience and knowledge, he was designated as a Senior Advocate by the High Court of Delhi on 19th November, 1984. One can never forget the grace with which he conducted himself.
He was an outstanding Senior Advocate who earned a lot of respect at the Bar and stood out as a perfectionist. He shared a great bond with his juniors. He played the role of mentor effectively and took exceptional interest in their growth. He would urge them to think systematically.
He was appointed as a permanent Judge of the High Court of Delhi on 24th April, 1986. Thereafter he was appointed as Chief Justice of the High Court of Punjab and Haryana, where he was the third longest serving Chief Justice, having served in that office from 07th November 1997 to 14th September 2002.
He decided many cases during his tenure in both High Courts. In Wings Wear Corporation Vs Workmen, he authored a vital judgement which demarcates the jurisdiction of the Tribunal with reference to the appropriate government under the Industrial Disputes Act.
In Gloria Chemicals Vs. R.K. Cables, he held that parties to civil suits should not be penalized for their counsel’s mistake or inaction if their own actions are bona fide. He also decided several cases pertaining to service law, arbitration, rent control matters, and even unlawful detention.
Subsequent to his retirement, he was appointed as Chairman of the Central Review Committee to review all the cases brought under the Prevention of Terrorism Act.
He later resumed his practice as a Senior Advocate before the Supreme Court of India. He was also actively involved in the Judicial Academy’s trainings and lectures for judges in Delhi and Chandigarh.
He enjoyed reading books and keeping himself informed of the latest judicial pronouncements and developments in the legal field. He was a nature enthusiast and loved travelling with his family.
His wife, Smt. Prabha Saharya pre-deceased him. Unfortunately, for the last two years of his life, he was hospitalized due to heart and lung ailments. He left for his heavenly abode on 20th May, 2021 due to Covid-19 complications. He is survived by his brother, Vishnu B. Saharya, nephews Vivek B. Saharya and Viresh B. Saharya, who are budding Advocates in Delhi, and their families.
VN Ganpule
V.N. Ganpule was born on 28th July, 1936. Following his father’s footsteps, late justice Narayan M. Ganpule, he too studied law. He obtained his degree in Law from ILS College, Pune. He enrolled himself with the Bar Council of Maharashtra in August 1961. In the same year, he joined the Chambers of late justice K.J. Abhyankar and started his practice in the High Court of Bombay.
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After a decade, he shifted his independent practice to the Supreme Court of India in the year 1970 and thereafter became an Advocate-on-Record on 19th September, 1974.
He was one of the Founding Members of the Supreme Court Advocates-on- Record Association which came into existence in the year 1985 and was elected as its Vice-President.
Recognizing his knowledge, skill and standing at the Bar, the Supreme Court of India designated him as a Senior Advocate on 1st January, 1991. He marked his 50th year in the legal profession in the year 2011.
He has appeared and argued in the leading Constitutional law case of Waman Rao v Union of India, wherein the apex court explained the importance of Article 31A & 31B in light of the Basic Structure Doctrine.
He also appeared in Punjab Land Development & Reclamation Corporation v Presiding Officer, which is a landmark judgement in shaping and interpreting labour laws in India.
He was a mentor to around thirty Advocates who were practicing with him in the Supreme Court and helped them build their careers.
Many of his juniors have risen to great heights and became Judges of the High Courts as well as the Supreme Court such as Justices Satish Agnihotri, Madan B. Lokur and Justice A.M. Khanwilkar.
Despite his busy schedule, he was actively associated with the Supreme Court Legal Services Committee and had worked for its betterment and development throughout his legal career.
He was passionate about social service and philanthropy. He was associated with a social service group which adopted schools, hostels, and orphanages in remote villages and funded their requirements by providing books, clothes, stationery items, and the like. He also ensured that he visited all those institutes during the Court holidays.
He has also contributed towards building the first Cancer Hospital in his hometown of Barshi, Solapur in Maharashtra.
He shared a great bond with his siblings and had a closely knit circle of friends. Engaging himself in discussions and debates wasn’t just a part of his job, but his life too.
He breathed his last on 11th August, 2021 and is survived by his son, Sameer Vasant Ganpule, daughters Ms. Sangeeta Ganpule and Smt. Yogini D. Kulkarni and their families.
SK Dholakia
S.K. Dholakia was born on 23rd May, 1938. After completing his graduation from St. Xavier’s College, Mumbai, he went on to study law and obtained his degree from the Law College in Pune.
Dholakia described his entry into the legal profession as an accident. For a brief period, he worked as an Administrative Officer for Air India before realizing that his true calling was in the legal profession. He joined the legal profession in the year 1966.
In an interview, Dholakia shared how his initial years of practice were hard. It was only after 7 years that he was able to get his first case regarding Central Excise. He proved his legal acumen, especially in Commercial, Tax and Arbitration Laws. For about five decades, he practiced before the High Court of Delhi and the Supreme Court of India. Through sheer hard work, he became an accomplished Advocate. He was well known and respected for representing his clients with integrity, commitment, and diligence. Acknowledging his contribution, the High Court of Delhi designated him as a Senior Advocate in the year 1984.
He has appeared in major cases across various fields of law. He appeared in the landmark arbitration case of BALCO. He has also appeared in leading constitutional cases, such as Unni Krishnan JP v. State of AP, which was critical to the fundamental right to education, and in the case of ADM Jabalpur v. Shivakant Shukla.
He also appeared in Special Reference No.1 of 2001, a landmark case on the doctrine of harmonious construction of the three lists in the Seventh Schedule of the Constitution.
He appeared in the case of ‘Madhav Rao Scindia Vs. Union of India, where it was held that the presidential order derecognizing the privileges of the ex- rulers of Indian states was declared unconstitutional.
He also appeared in the case ‘P.A. Inamdar Vs. State of Maharashtra’ wherein it had been held that the professional and unaided educational institutions were obligated to maintain requisite standards of professional excellence through a fair and transparent admission process.
He was offered the post of a judge twice. He received offers from the High Court of Gujarat and the High Court of Delhi and declined both. Dholakia’s contribution to the field of Arbitration in India has been immense. He has represented India in various capacities. He was a member of the ICC International Court of Arbitration in Paris and the Board of London Court of International Arbitration, to list a few. Further he represented India in the Arbitration Committee of the International Law Association, London.
Due to his experience and knowledge, he was part of the expert committee constituted by the Law Commission of India, whose recommendations culminated in the 2015 amendment to the Arbitration and Conciliation Act, 1996. He was also part of the Committee for approving amendments to existing Indian bilateral investment treaties.
During the 1980s and 1990s, he was a regular contributor to The Economic Times and wrote a book titled ‘The Rights of Minority Shareholders’. Several of his writings on the Law of the Sea, taxation and arbitration were published in national and international journals.
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He was devoted to a life of learning. Besides his love of law, he was passionate about reading books on history, philosophy, literature and mathematics. He was inquisitive and often would work on problem sets in trigonometry or calculus to sharpen his mind. If not in Court or his chamber, he would frequently be found in the Supreme Court Library. He loved visiting libraries and bookstores.
He was a mentor to budding advocates and a teacher to those who were preparing for the Advocate-on-Record Examination. He even authored a Book titled ‘Guide to Accounts for Advocate-on-Record Examination’.
He deeply believed in improving our education system. He was the Chairman of the Gujarat Education Society, the governing body of Sardar Patel Vidyalaya, a position he held for several years.
He lived a life of integrity, humility, hard work and service. He was a kind and compassionate human being. His wife, Smt. Yamini Dholakia pre-deceased him, who was a lover of arts, a singer, and a newsreader on the All India Radio. Both of them frequented musical concerts, plays, and art galleries.
Dholakia breathed his last on 26th August, 2021 and is survived by his son Ashish Dholakia, who is a Senior Advocate practicing in Delhi, daughters, Smt. Anupa Dholakia and Smt. Amita Chaudhury and their families.
Justice PN Nag
P.N. Nag was born on 5th March, 1933 in a family with a humble background. He completed his graduation from Government Degree College, Dharamshala. He was determined to get education against all odds and used to walk 22 kilometers from his village to the college to save on bus fare. He actively participated in student politics and was elected the President of the Dharamshala College Students Association.
He started his legal practice in the year 1965 by enrolling as an Advocate. Initially he practiced in the District Court, Dharamshala for a year and thereafter shifted his practice to the High Court of Himachal Pradesh in 1966.
Between the year 1966 and 1971, he practiced before the High Court of Delhi. He also practiced before the Supreme Court of India from the year 1981. He appeared in many cases of importance such as Pradeep Jain Vs. Union of India, which ruled on important issues surrounding reservation of seats in post graduate colleges.
He also appeared in Deva Ram Vs. Ishwar Chand which interpreted Order II rule 2 of the CPC relating to claims and what constitutes relinquishment of claims.
He was also appointed as the Legal Advisor to the Himachal Pradesh University, Himachal Pradesh Agricultural University, and Mineral and Industrial Development Corporation of Himachal Pradesh.
His popularity at the Bar was tremendous, so much so that he was elected as the Vice-President of the Himachal Pradesh High Court Bar Association. He established himself as a leading Advocate in the field of Constitutional Law and Election Law. In the year 1982-83, the High Court of Himachal Pradesh set aside the election of two Members of the Legislative Assembly and in both the cases, justice Nag was the Counsel for the Election Petitioner.
On 5th May, 1983 he was appointed as the Advocate General for the State of Himachal Pradesh, a position which he held for more than five years.
He was appointed as a permanent Judge of the High Court of Delhi on 12th October, 1988 and transferred to the High Court of Allahabad on 28th April, 1994.
During his tenure as Judge, he decided many cases on varied issues of social significance.
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He retired on 4th March, 1995. Subsequent to his retirement, he was appointed as the President of the Himachal Pradesh State Consumer Disputes Redressal Commission on 9th July, 1996 and remained in that office till 05th March, 2000. He also held the additional charge of Backward Classes Commission for Himachal Pradesh.
He was also a Member of the Advisory Board under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act and Advisory Board under the National Security Act.
His finest quality was his innate humility. He was benevolent and straightforward. Those who knew him well would always remember him as such.
He took active interest in charity and even established a Trust in the name of his father to help the distressed. He loved listening to old classics sung by Talat Mehmood and Mohammad Rafi. He would keenly follow international politics.
He left for heavenly abode on 11th September, 2021 and is survived by his sons, Anil Nag, who is an Advocate practicing in the Supreme Court, Abhilash Nag, who is an Advocate practicing at Dharamshala, Anuj Nag, who is an Advocate practicing in the High Court of Himachal Pradesh, and their families.
My Brother and Sister Judges join me in conveying our heartfelt condolences to the bereaved families of justice Vinod Kumar Singh, Arun B. Saharya, V.N. Ganpule, S.K. Dholakia and P.N. Nag. We pray to the Almighty to give them strength to bear this irreparable loss with fortitude.