A Law Clerk’s Tribute to Chief Justice K.R. Shriram (Retd.)

An intimate first-hand tribute by a former law clerk reflecting on the judicial brilliance, mentorship, integrity, and landmark contributions of Chief Justice (Retd.) K.R. Shriram.

Seldom one meets people who leave a lasting impact on the way you look at life. His Lordship Chief Justice (Retd.) K.R. Shriram is one such person. As someone who saw not only the Judge but also the remarkable individual. It is my honour to share a glimpse into the person behind the dais. Behind the demeanour that appears strict, is a person whose authenticity and compassion knows no bounds.

The most asked question in Chennai and Himachal alike, or for that matter, wherever I went was, “How did you end up at Madras High Court?” I do not really have an answer except for it being divine happenstance and some past life connection I share with the pious land of Tamil Nadu. It brought me to His Lordship, and for that, I will always be grateful.

It is with this divine grace that I got to assist the Chief Justice K.R. Shriram at Madras High Court. While at Madras, I was curious and excited as to how our new Chief Justice would be. When His Lordship’s name was recommended for elevation, I was thrilled and eagerly anticipated the Central Government’s clearance of the Collegium recommendation, having gone through His Lordship’s judgments and lectures on tax and admiralty online (which are a must watch, I must add).

Visit to Raj Bhavan for His Lordship’s swearing in was surreal and the first day of His Lordship’s Court even more so. Soon after presiding over the first court, His Lordship delivered a landmark ruling granting maternal leave to nurses in contractual employment.¹ Thereafter, His Lordship delivered another landmark verdict in VR Dakshin (P) Ltd. v. SCM Silks (P) Ltd.² upholding the award challenged on the grounds of unilateral appointment of arbitrators under Section 12(5), Arbitration and Conciliation Act, 1996. The judgment has attained finality after a failed special leave petition (SLP) challenge before the Supreme Court.

His Lordship’s unparalleled expertise in commercial matters made His Lordship’s Court a better place to be in than any business or law school. Some of the landmark rulings of His Lordship in commercial law includes Jotun (India) (P) Ltd. v. PSL Ltd.³, which apart from being upheld by the Division Bench of the Bombay High Court, was also approved as laying down the correct law by the Supreme Court in Forech (India) Ltd. v. Edelweiss Assets Reconstruction Co. Ltd.⁴. In Transasia Bio-Medicals Ltd. v. Union of India⁵, His Lordship ruled in favour of revenue and held that:

12. … goods imported, even though exempted from basic customs duty, may still be subject to levy of additional duty under the respective enactments and they would be so subject unless and until they are specifically exempted by the competent authority in exercise of the powers vested under those respective enactments from such additional duty.

His Lordship’s judgments in admiralty are a treasure trove of legal wisdom with the judgment in Raj Shipping Agencies v. Barge Madhwa⁶ being no less than a thesis on the interplay between admiralty law, company law and Insolvency and Bankruptcy Code (IBC).

In Percept Finserve (P) Ltd. v. Edelweiss Financial Services Ltd.⁷, His Lordship held that purchase options were not forward contracts. Very few judges in the country can address issues of the complexity with such ease and finesse. In Siem Offshore Redri AS v. Altus Uber⁸, Lordship expounded the interplay between international arbitration and admiralty law, and in Angsley Investments Ltd. v. Jupiter Denizcilik Tasimacilik Mumessillik San. Ve Ticaret Ltd. Sirketi⁹, His Lordship held that a hybrid writ for an action in rem and an action in personam was not maintainable and that an order of injunction did not equate an order of arrest.

In a case involving Tamil Nadu State Marketing Corporation (TASMAC) outlets (liquor stores) in residential areas, His Lordship not only directed closure of outlets but also directed the State to amend the rules to plug loopholes and even directed the police to ensure that no harm was caused to petitioner for the brave fight she picked against resourceful individuals. Lordship’s concern was not limited to disposing the file in the Court, but to ensure that justice was done on the ground.

His Lordship also took a stern view against wrongful diversion of temple funds for commercial purposes by Hindu Religious and Charitable Endowments Department (HR&CE) of the Tamil Nadu Government¹⁰. This decision has also been upheld by the Supreme Court. His Lordship held that the temple funds can only be utilised in welfare of temples and devotees, not for any commercial exploitation.

During his distinguished days as an advocate. His Lordship assisted the prosecution in one of lifetime piracy matter in the case of Alondra Rainbow¹¹ where the Indian Navy and Indian Coast Guard had intercepted and rescued a Japanese owned ship flying a Panamanian flag from Indonesian pirates in international waters. This happened way back in 1999. The challenge was to the jurisdiction of Indian Courts and the court finding support in a colonial era law held that Indian Courts had jurisdiction; the pirates were convicted in 2003. It remained my unfulfilled desire to assist Lordship in once a lifetime matter of that complexity. I wish I could have assisted in the matter.

His Lordship is someone who always followed the letter of law to the T. His Lordship’s Court was not a passive place to be: Not for lawyers nor us law clerks. (His Lordship’s one glance had power much greater than several cups of coffee.) His Lordship would actively engage with lawyers in discovery of the truth. He would ask difficult questions and lay out all possible outcomes and options before the parties. The goal was simple: To get to the root of the matter, all distractions and immaterial facts aside.

With his laser-sharp memory and focus, His Lordship would hear all sides. His teaching methodology, based on illustrations, turned most complex questions of law and maze-like facts into things we could grasp easily. This quality of Lordship was a blessing for me in direct and indirect tax laws. His Lordship could separate the wheat from the chaff in no time. Today, if I can boast of good competence in facets of commercial law, His Lordship should get the credit.

Accompanying His Lordship to majestic temples in Tamil Nadu is something I was fortunate to do and I would be missing the Madurai sittings the most. I was surprised when once, in Madurai, at the ethereal Arulmigu Meenakshi Amman Temple, Lordship pointed out how the temple design lets you hear even the faintest sound from afar. The same attention to detail showed in court as Lordship could spot a crucial detail most others including us would have missed.

High and mighty were litigants before His Lordship. The status of parties or the expensive names that would represent them had zero bearing on the time one would get before His Lordship. A junior counsel would get equal time as any accomplished senior. Many litigants who flew to Delhi to the Supreme Court, would only get a three-line order from the Court holding “We are not inclined to entertain this petition. Dismissed.”

Whenever I had any alternate view with respect to a case, I would go to Lordship and raise my concern. His Lordship gave me full freedom to do so and this quality of His Lordship I admired the most. His Lordship would discuss it sometimes and on other occasions, would just ask me to wait for the verdict, which was for the most part always dictated in open court. His Lordship’s ability to dictate complex judgments in open court is a superpower I so desire to possess. In the daily evening briefings, I would have no option but to agree with the reasoning adopted. I also had the freedom to approach the dais with a judgment if I strongly felt it had a bearing on the case.

His Lordship took pains to mentor the young and therein lay his greatness. His sole object was to discover the truth, to lay down the correct law and to mentor the next generation of lawyers. Even a routine land encroachment hearing took its fair bit of time; a fair opportunity of hearing and correct decision was the only consideration His Lordship had.

His Lordship as Chief Justice was always committed to the cause of young advocates and expected younger lawyers have read the brief. Though lack of preparation would invite a wrap on the knuckles (us law clerks were not exempted) but with the sole object of helping us improve and do better. Whether someone was a first-generation lawyer or a fourth generation one, if a junior at the Bar was willing to seize the opportunity and was thorough with the brief and facts, Lordship would himself handhold the junior and groom them at every possible opportunity.

He would refer to us as torchbearers of this noble profession and reminded us law clerks and juniors in court to be competent in handling any case. His Lordship would always remind and caution us that once a client had entrusted us with a brief, no matter the quantum of fee, it was always to be handled with utmost care and competence and we had a solemn duty to the court and the client. That while both sides were there to win, it is the advancement of truth that is paramount and being able to assist the court effectively and efficiently is required of every advocate, no matter the years put at the bar, for lives were dependent upon it.

Lordship is not one to serve passive sermons. In furtherance of this objective, His Lordship facilitated the Advocacy Training Program held by Bombay Bar Association at Madras, as well in collaboration with the Madras Senior Advocates Forum. Not only did it train the young minds of Madras Bar but also formed a new bridge between two oldest Bar Associations in the country and paved way for future collaborations.

I could never help but be in awe of His Lordship’s thoughtfulness for the little things. His Lordship would always, without fail, make it a point to return the salute of Central Industrial Security Force (CISF) personnel on guard. The Court has regained its regal charm, courtesy the efforts of His Lordship and judges in the Building Committee. After vacations, walking into the hallowed corridors of the High Court felt nothing less than spectacular. Once in Madurai, His Lordship ensured the best legal representation to a farmer who had to sell of his wife’s jewellery to save his agricultural land in Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) proceedings. He was not in a position to engage a counsel to represent him. Lordship requested one of the young lawyers present in the court to take up the brief pro bono which the lawyer was only happy to do. With sound legal representation, the bank settled with the farmer. After the hearing concluded, I followed the farmer outside the court only to find him and his wife in tears. This was my closest encounter with the essence of justice and a court being a temple of justice. That day I discovered the difference between a Nyayadheesh (a judge) and a Nyayamurti (a justice).

His Lordship is a firm believer in the power of mediation. Judicial dispute resolution is something I came across for the first time when I heard of a conference in Malaysia. However, in His Lordship’s Court, I saw it in action for the first time. A commercial dispute of a business house was resolved in no time and so was a matrimonial dispute even though the parties were before the court on account of SARFAESI proceedings. We were not permitted to observe the mediation session in chambers in order to uphold the privacy of the mediation process. The puppy faces we made had zero effect. Innovative approaches to dispute resolution such as this, left an indelible mark on us in that the doors of courts are not always adversarial.

I always wrote long research reports and briefings. Lordship required the brief to be crisp and short. As someone set in my ways, it was difficult for me to adapt but Lordship’s mentorship and patience with me helped me transition to a better style. The impact His Lordship has had on me is not just professional, I developed a liking to suspenders and cufflinks. Indeed, sartorial choices of His Lordship are vogue worthy.

People allege that matters are delayed and indirectly allege judges do not work a lot. Before I part, to dispel this myth I just have one anecdote to share wherein I happened to see Lordship logged in at 1.00 a.m. into Supreme Court Cases (SCC) research portal, still working. Lordship used to be regularly in court till 9.00 p.m. and often later. As His Lordship begins his new innings, I wish that His Lordship will now give due attention to his health and well-being.

Past life connection or divine intervention, whatever it may be, but the almighty divine has been magnanimous upon me to give me an opportunity to be under the wings of Justice K.R. Shriram and I am eternally grateful. As the Sam Manekshaw of judiciary hangs up his gown, nothing better than the words of Tamil sage Thiruvalluvar in Thirukkural’s Kural 382 to signify His Lordship’s persona and life as a judge.

“அஞ்சாமை ஈகை அறிவூக்கம் இந்நான்கும்

எஞ்சாமை வேந்தர்க் கியல்பு”

“Unfailing courage, charity, wisdom and zeal — these four are qualities regal.”

To Lordship and ma’am, for all their care and concern “nandri and vanakkam” (Thank You and Namaste).