NEW DELHI: Nearly half a century earlier, a 50-year old lean-framed attorney stood for veteran socialist leader Raj Narain, encouraging Justice Jag Mohan Sinha of the Allahabad High Court to state then PM Indira Gandhis election void which hurt her ego so much that it set off pronouncement of the feared Emergency.That was senior advocate Shanti Bhushan, who rode the crest of a courtroom triumph, that activated a chain of occasions causing suspension of democracy and Congresss first-ever defeat, to become the Union law minister in the quickly-stapled Janata Party government in 1977.
The 97-year-old veteran jurist, who died here on Tuesday after a short disease, was instrumental in stopping a rising storm within the Janata Party and outside against visit of Justice Y V Chandrachud as CJI in 1978 as the judge belonged to the four-judge bulk that had in the infamous ADM Jabalpur case in 1976 ruled that along with fundamental rights, the most precious of them - the right to life-- gets suspended during Emergency.In the death of the courtroom warrior, who liked to represent those who challenged the majoritarian view and also a few of the terrorists accused of heinous criminal offenses, the nation lost a true Devils Advocate, a male who never feared the may of judiciary and never minced a word in calling a spade a spade.He will be friendly one moment and turn versus in another during battles in the courtroom, outside and in politics.
From being part of BJP in 1980 and being the creator member of AAP, he ended up being a bitter critic of both these parties as he never ever could take resting his views being slighted.When his activist lawyer-son Prashant Bhushan publicly stated in 2009 that half of the previous 16 CJIs-- Ranganath Mishra, K N Singh, M H Kania, L M Sharma, M N Venkatachaliah, A M Ahmadi, J S Verma, M Punchhi, A S Anand, S P Bharucha, B N Kirpal, G B Patnaik, Rajendra Babu, R C Lahoti, V N Khare and Y K Sabharwal-- were corrupt and dealt with contempt proceedings, the dad in him jumped into the cauldron of allegations, duplicated the very same claims and attempted the SC in 2010 to send him to jail for devoting contempt.
The SC did not and the case is still pending.Bhushan stood for those who had actually challenged their convictions in the 1993 Mumbai serial blast cases and the 2001 Parliament attack case.
Unpopularity among supporters, judges or the general public seldom troubled him.
He was the master of his choice and stood by them.
He had likewise appeared for Arundhati Roy, who was convicted for contempt for criticising SC judges for deciding Narmada Dam issue apparently without knowing the ground realities.In the last few years, he took only a handful of cases and minimal himself to arguing through video-conferencing.
In the last eight years or two, he had developed a slight tremor in the voice.
However he did not let that dampen ardour even though very frequently his feelings would take the much better of his otherwise sharp brain.A proclaimed crusader against corruption in judiciary and a lover of public interest litigation, he was creator member of 2 strong NGOs-- Campaign for Judicial Accountability and Reforms and Centre for Public Interest Litigation.
These two organisations and their brave activities, backed by some of the prominent names in the legal occupation, made him, and consequently his son Prashant Bhushan, powerful figures not just among attorneys, but also public who had an eye for developments in the courts.Ironically, just a few weeks earlier, his younger son, senior advocate Jayant Bhushan, had actually looked for early hearing of a land case in which Shanti Bhushan is a party, citing that the male is 97 year-old.
CJI D Y Chandrachud had actually guaranteed a hearing in February.
However fate had a various style.