Events & Personalities
Chagla’s concerns
"In 1963 I had just returned from England and was told by my father to meet Sir Jamshedji Kanga, the doyen of the Bar,” recalled senior advocate Iqbal Chagla who recently completed 50 years of practice in Bombay. "Jamshedji said he no longer practiced and suggested that I join Khurshedji Bhabha. That was the best thing anyone could have suggested. What amazing chambers they were with a galaxy of legal talent: Fali Nariman, Soli Sorabjee, Jangoo Khambata and a host of others!” Chagla had been invited to an interactive Ideas Exchange session by The Indian Express (IE). The noted lawyer, who is married to a Parsi, responded to queries from a panel on a number of issues and the newspaper subsequently published a transcript of the exchange in its issue of October 28, 2013.
Another nugget Chagla shared was that "joining Bhabha’s chambers was an occupational hazard” as anybody who did was "bound to be offered a judgeship. While almost everyone was asked, I don’t think any one of them accepted.”
In order to ensure that there are enough people to accept judgeship, "Pay judges really well. So well that any member of the Bar, who is doing well, will say yes to a judgeship because then he has not only the dignity and respect but also financial security,” Chagla commented. "We are fortunate that recently we had half a dozen practicing lawyers who made the sacrifice and have been elevated.” An earlier suggestion that ad hoc judges be appointed who would give up a year or two of their professional lives was not accepted, he informed the panel.
Regarding the contentious matter of contempt of court, Chagla responded, "We have to protect our judges against irresponsible allegations… We have to, always, proceed on the assumption and the presumption that they are clean and not corrupt.” A great advancement has been made now that justification is a defence. "If anybody makes an allegation of impropriety against a judge, it is contempt. But if he is able to prove…that what he has said is correct, he has a valid defence.”
When asked about social reforms for Muslim women, Chagla said, "Islam, and therefore the Sharia law” gave women rights… Today "unfortunately (the Muslim community) has no responsible, acknowledged leader. There are disparate groups but there is no individual (who can be) spokesman for the community who speaks in an identified voice rather than different voices.” Though it is "an absolute must in this country” a uniform civil code "can’t happen” as no party will ever espouse that "because they will lose the Muslim votes.”
Another nugget Chagla shared was that "joining Bhabha’s chambers was an occupational hazard” as anybody who did was "bound to be offered a judgeship. While almost everyone was asked, I don’t think any one of them accepted.”
In order to ensure that there are enough people to accept judgeship, "Pay judges really well. So well that any member of the Bar, who is doing well, will say yes to a judgeship because then he has not only the dignity and respect but also financial security,” Chagla commented. "We are fortunate that recently we had half a dozen practicing lawyers who made the sacrifice and have been elevated.” An earlier suggestion that ad hoc judges be appointed who would give up a year or two of their professional lives was not accepted, he informed the panel.
Regarding the contentious matter of contempt of court, Chagla responded, "We have to protect our judges against irresponsible allegations… We have to, always, proceed on the assumption and the presumption that they are clean and not corrupt.” A great advancement has been made now that justification is a defence. "If anybody makes an allegation of impropriety against a judge, it is contempt. But if he is able to prove…that what he has said is correct, he has a valid defence.”
When asked about social reforms for Muslim women, Chagla said, "Islam, and therefore the Sharia law” gave women rights… Today "unfortunately (the Muslim community) has no responsible, acknowledged leader. There are disparate groups but there is no individual (who can be) spokesman for the community who speaks in an identified voice rather than different voices.” Though it is "an absolute must in this country” a uniform civil code "can’t happen” as no party will ever espouse that "because they will lose the Muslim votes.”
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