FROM HOME COURTYARD to LAW COURTS……………. An interesting journey into legal world.

Never did I dream of writing about myself because it never had any interesting moments which the public would like to know or interest them. However I thought that my experiences should not go unrecorded and hence I ventured to write these anecdotes for the posterity to read, in case they felt they should know who this person by name Gurpur Balakrishna Prabhu who was born on May 23, 1939 and grew up to become a lawyer and practiced law till his death. This writing is required from another angle also. I am not married so there is no one to speak about me after I die. It is true that I have my brothers and sister and nephews, nieces and sisters in law and friends but how far they can speak about me is anybody’s guess. Not that they have no love towards me. In fact they love me and have very great respect but the approach may differ unlike one’s own children.

I am the third child of my parents who belonged to a respectful middle class family. My parents never stretched their neck beyond their house called “Sanjeevan”. They were not interested in gaining name or fame. Their main commitment was to their family consisting of 5 boys and 2 girls. Whole life they slogged for their children’s welfare. I would not say that others do not do that, but the way my parents brought us up was phenomenal.

My father was only a small trader in medicines. When the Government made it compulsory to have a pharmacist in the trading place, he at the age of 40 went to Madras ( now Chennai) to get a pharmacist certificate so that he could save a few rupees by avoiding appointment of a pharmacist. He would open his shop which was situated opposite to the local central bus stand even before day breaks or the crows come out of their nest in search of food. His wife, my mother, gave complete support to him in this job by preparing breakfast early in the morning. The purpose of opening the shop early in the morning was to catch the early customers who come to the bus stand for their onward journey. It was a struggle for them so that they could give best of education to their children and groom them to occupy respectable places in the society as doctor, engineer, lawyer, bank employee and businessman. Though it was not common in those days to send girls to higher studies, they made them graduates.

I always wanted to become a lawyer since my maternal grandfather used to say, when I was a kid, that I had the jab of a lawyer. When a child is repeatedly told that he could become a lawyer, the said idea settles in its mind. This I think all parents should take note of. If we go on repeating to our children that they could become say a doctor or a Chartered Accountant etc., they are likely to pick it up and make that as their aim in life.

Knowing the financial constraints of my parents and the funds required for educating their more than half a dozen children and run a household with so many members, I felt that I should reduce their financial burden a little bit after graduation. So I went to Mumbai which was then Bombay for pursuing my studies and also to find a job. I wanted to earn as well learn. Only Mumbai could have given that facility in those days. Traveling to Mumbai was not an easy task in those days. One had to go by bus to Biruru,( 200 kms) then catch a meter gauge train and proceed to Miraj Junction( 480 kms ) and there change over to a broad gauge train and reach Mumbai Victoria Terminus via Pune. Though arduous, it was very interesting and enjoyable journey that too when you cross the arid desert like Deccan Plateau.

My English knowledge was very basic. I could hardly speak fluently in English. Hindi was faulty. I had no exposure with outside world and hence I was confused when suddenly I was thrown into the open world when I stepped out of the V.T. station. When I look back, I salute that lyricist who wrote that song ‘Hai dil ye mushkil jeena yanha zara bachake zara bhatke ye hai Mumbai meri jaan.” Absolutely a new place, new faces, new language and new environment. I had to wade through the same without much contacts since whichever direction I look, I saw only strange faces.
Siddharth College of Law
First thing i had to do in Mumbai was to find admission in a law college. I had heard of Siddharth College of Law and the Government Law College. I opted for Siddharth College of Law, a college run by the People’s Education Society founded by none other than the father of the Indian Constitution, Baba Saheb Dr. B.R.Ambedkar. There they encouraged students to learn while they earn. When I appeared for interview for admission, the then Principal Sri P.T.Borale asked me whether i was employed. My reply was in the negative. He advised me that I should try to get a job and earn some income while studying law. He knew the difficulties of students and their parents. However he agreed to provide me hostel accommodation at Dadar. It was my good fortune that he agve me hostel accommodation as I got the unique opportunity of staying in the residence of Dr. B.R. Ambedkar situated in the Hindu Colony of Dadar as he had converted his bungalow type house “Rajgruh” as college hostel. The college was in Flora Fountain of Fort area and classes used to be conducted off the office hours, that is, from 7.30 am to 9.30 am and 6.30 pm to 9.30 pm. Their main aim was to help the poorer section of the society to earn a degree and at the same time earn for a living.
House of Dr. Ambedkar

My main aim in selecting Mumbai for my law studies was to self finance my studies. I did get a job in a pharmaceutical manufacturing company. It was a decent job but with a small amount as salary. But it gave me both confidence and strength to build my personality. I did not waste my time. I thought I should make best use of my stay in Mumbai. I felt that the free time available should be used to get over my weak points. One was of communication. Public Speaking was never my cup of tea. I used to stammer due to stage fright. To get over this disadvantage, I joined a Public speaking Training institute. It was really giving a platform to speak before a small student audience. The training used to be how to prepare for a speech by using card system, stage etiquette, speaking into mike etc. The trainer would make one speak on various subjects. It was in that institute I came in contact with a group called Speaker’s Forum. It is a group which used to meet every Friday in a hall in Kala Goda area where members could speak on the given subject for three or five minutes. It was almost like a ‘Speaker’s Corner’ of Hyde Park in London. But the difference here was that you were given a subject and you were free to air your opinion on that particular subject.

One important thing which I understood was that to become successful in life especially as a lawyer, one should be a good communicator or speaker. To be a speaker, one should have good proficiency in the language he would like to convey his opinion or thoughts. Therefore, I started reading books of Vivekananda and even Shakespeare plays. These works are always considered as a gateway to master the English language. One cannot forget the books of Jawaharlal Nehru such as Discovery of India, Father’s Letters to his Daughter which are also equally good for that purpose and at the same time they help one to increase his knowledge of India. I came across a book by Winston Churchill “ The Great Contemporaries”. According to me, it is one of the best books to enthuse anyone to take to the study of English language. I found it imperative to study the English language as my initial education was in a municipal school which was nicknamed as a ‘Tin sheet School’ as it had no walls when it was started by the local municipality. Therefore I had to put in extra efforts to acquire a reasonably descent knowledge of English language. I also attempted to read Bible as I had read somewhere that it is a master piece in English language. I even purchased books by Swamy Vivekananda to master that language. One would raise their eye browse to hear me say that I purchased books! Purchasing books in Mumbai is not very expensive. In this respect, I should mention that Mumbai is the best place to buy books as one can find several hundreds of book vendors on road side selling sometimes even very rare books at dirt cheap prices having volumes of wisdom and knowledge.

It is my definite view that there is no substitute for knowledge. That can be acquired only through hard work. In fact, it is the bed rock of any success. That is why it is always said “ knowledge is power”. Knowledge with mastery over once language can transform any person as a good leader. I learnt later on that there was a minister in the Gujarat government who was a chartered accountant and he used to have a copy of the Oxford Dictionary on a reading book stand by his side in his office and he would daily read one page from the same and try to use some of the words picked up therefrom to develop his language skill. I have never asked or tried to know how men like Shashi Taroor acquired such mastery over English language, though sometimes it looks like bombastic, but in fact he appears to me to be a mobile thesaurus. Though such usages give weight to one’s speeches or writings, sometimes I feel they just blow over heads of the listeners/readers without understanding their meaning or points conveyed. I enjoy reading such essays or articles which can make our vocabulary rich. Mumbai gave me lot of opportunities in that direction.

My urge to learn did not end there but it continued even after I became a lawyer. As soon as I joined the profession, during my spare time, which used to be sometimes the whole day (!) I would take old law journals such as Madras Law Journal of the period of early 1900 from our Lawyers’ Association library and read the journal parts of them which contained very interesting articles, jottings, clippings and humour. Some of the great judgments one could find in them. For sheer pleasure of enjoying the language of the judgments, one could read them. One can find a treasure house of Knowledge in them. But what is required is the hunger for knowledge which allows one to locate these precious wisdom. As some poet said “ Full many a flowers blush unseen and waste its sweetness in the desert air”. In the formative period of the lawyer, he should develop this urge to learn or acquire knowledge and should go in search of it. Most important quality which is associated with this urge is the quest for knowledge.

Law course was of two years. My law course year started in October and hence my two year course was completed in August and I appeared for the final LL.B. Examination in September. If somebody asks me what did you learn in Mumbai, my answer is simple ‘responsibility’ I learnt how to stand on one’s own feet. Those days used to be very hectic. Early morning one had to rush to Flora Fountain to attend the morning session and then go to Worli where the company in which I worked had its office and then again in the evening rush back to Flora Fountain to attend the evening session. Then late at 9.30 pm, catch a local train and go to Dadar or Matunga Road station to go to the hostel. In the midst of all these schedules, one had to study and pass in the examination.It would be apt to say that in spite of all those constrains, I could get merit scholarship for the 2nd year LL.B. course. I passed both 1st and 2nd LL.B examination in the first attempt only and immediately returned back to my town to pursue the law profession.

My family is not connected with legal profession None of our family members ever had become a lawyer. I do not think anyone in our family had ever entered the portals of the court premises not even as a litigant. I was told that the brother of my paternal grandfather was a Tahsildar and consequently an Executive Magistrate. I had seen him in his retired life. I had seen the respect people showed him. He was a bachelor and used to stay in a small room alone. I did not have much contact with him yet when I joined the profession, somebody in our family said that myself being his grandson as it is said ‘chip of the old block’ like him, I too would be fair in my dealings. I do not remember why and when it was said. I do remember what my grandmother told me when I told her that I had joined the legal profession. She wished me good luck and said that we the Prabhus are like grass and hence neither storm nor the trampling by heavy animals like elephants could destroy Prabhus. She said that I should not clamor to amass wealth nor try to become a great lawyer but like grass, be always level headed by serving the needy people.

Having come down to Mangalore and having got myself enrolled as an Advocate, I started searching for a good senior. One would wonder why I said “good senior” Are there good or bad seniors. I have mentioned this without any malice towards anyone. According to me, a senior lawyer should be well versed in law and he should be able to prepare effective pleadings. He should command the respect of the Courts and his fellow lawyers. The Court should be able to appreciate his arguments and recognize his erudition in law. He should be able to make an impression in the mind of the judge It is this art, a senior should have and he should impart or instill these traits in his juniors. He should have time and be able to discuss legal points with his juniors and try to create interest in them to learn. Therefore I always believe that a young lawyer is groomed by his senior. The juniors usually look towards their seniors for leadership. They try to emulate him and always look with awe his achievements. He is always influenced by the mannerism or behaviour or court work etc. of his senior. Sometimes one can see the replica of his senior in him. I have come across several lawyers who deal with court cases in the same manner as their seniors do. Whenever a junior lawyer argues a case in court, under whom he was trained, one could see his senior in him. That is why I say ” tell me who your senior lawyer is, I will tell you who or what you are”. But the sad part is that to get a good senior lawyer is very difficult.. There are various types of senior lawyers – some sincerely help juniors to learn and become competent lawyers. But there are some who would keep his knowledge to himself and would hardly open his mouth or disseminate his knowledge or encourage juniors to conduct cases

As soon as I arrived in Mangalore I started exploring for selecting a senior lawyer. I asked my father to guide me in this task. He recommended a very senior lawyer who had his office in the same building where my father had his shop. His name was John Gonsalves. He asked me to go and introduce myself to him and request him to take me as his junior lawyer. When I approached him, he expressed his inability to accommodate me in his office for want sufficient space. It was a small office. In fact it was a rickety building and its floor was made up of wood. It was a construction of 1900. He saw me and said that already he has two assistant lawyers and a office clerk with an office boy, there was hardly any other person who could be accommodated. He assured me that as and when he could find place, he would let me know. This made me to look out for some other senior lawyer. I did find a couple of them and I started attending the court. But my involvement with my seniors and with the court proceedings being almost absent, I started loosing interest in the profession.

I also tried to find a place in politics. I started following my uncle who was a stalwart of Congress party who later on became even a Member of Legislative Council. I worked as a volunteer during elections and saw a few political leaders of that period. This short brushing with politics made me to realize that it was not my cup of tea. When I look back now, I feel that was the best decision I had taken in life.

But always it is said that luck smiles on those who sincerely indulge in day dreaming of making big. Perhaps some invisible power brings about a turning point in life. It also happened in my case. As I was not able to get a senior law yer under whom i could work and pick up the naunces of legal profession, I went back to Mumbai in search of a job. I was interviewed for a legal assistant’s job in a real estate firm. I took time to join duty and came back to my town to shift to Mumbai permanently. But I fell sick and had to postpone my departure. During the time I was recuperating and When I was feeling that all the doors were closed for me and that I would be a total failure in life, one of the lawyers who was working with Mr. Gonslaves left him on health ground. It was then Mr. Gonsalves told my father, that if I was interested in joining his office I should come the next morning by 7.50 am. My father conveyed that message to me and the next day in post haste I stood in front of the doors of his office as directed. He admitted me to his office. Believe me, since that day I go to my office at 7.50 a.m. I said good bye to Mumbai job.

I wonder whether anyone can boast of having such a senior lawyer in the formative years. Mr Gonsalves was not only a senior lawyer but also was like a school teacher or a guardian figure and one who would keep a tab on his junior . He was in his late sixties. He was a bachelor. He was dedicated to his profession and honest to the core. He never aspired to get rich clients. His legal charges were minimal. He never believed in fleecing his clients. I was surprised to see that he was one of the couple of lawyers who had a bill book. If my information is correct, most of the lawyers do not have bill of costs book. They just collect fees from the clients which included the costs incurred for the litigation. This senior lawyer showed in his bill how much he spent on every step taken by him in the court. He had maintained day books and ledger in which each case is entered and the fees received by him. There was transparency in his dealings even in those days when Income Tax Department was not so active.. Believe me I am continuing even today with the same format.

It was my good fortune that I got him as my senior lawyer. He was a strict disciplinarian. He always believed in studying every case thoroughly. He wanted a reference book to be maintained in which important cases had to be noted. It acted like a law digest. Reading law journals was compulsory. He was getting Madras Law Journal and All India Reporter. One had to read and note down important cases so that they could be referred for the cases in future. He always insisted punctuality. One should be in Court from 10.30 am till evening. If one had no court work, he wanted me to sit in some court and listen to the arguments or watch the cases conducted by senior lawyers. Believe me, he was keeping a tab on me. He would ask in the evening as to which cases I followed that day and next day he used to verify with that lawyer. He always insisted that junior lawyers should attend the courts in the afternoon sessions as most of the interesting cases are dealt with in that session.

As I said earlier, he was a task master. Before I embark on this aspect, let me tell how the general situation was there in the society. They were the days when there was not even telephones readily available. We did not have phone connection. There were no entertainment avenues except cinema houses and radio. Therefore only source of pleasure one can get is by reading books. My senior wanted me to be a voracious reader. If I continued my liking for reading, it was because of him. He would take both me and my other colleague to a famous book shop on Saturday evenings and would direct us to pick up books from the shelf. Each one of us had to pick up two fictions. We had to read them within 10 days and then exchange with each other. He also would read those books. Then we return the books as once read books to the seller who would then give fresh titles. This he did to enable us to improve our knowledge and reading habits. That apart, a lawyer should be a person who should be able to appreciate the case stated by his clients. The narrative given by the clients should be put in right perspective to present it to the court. The reading of books enhances that trait in the lawyer.

My senior himself was a very hard working lawyer. He always believed in preparing himself thoroughly so that he should not miss any points while conducting the case in the Court. He made me to cultivate the habit of taking the court work home while returning home late in the evening. Because office timings according to him should be used for talking to the clients or preparing pleadings etc and not for preparing the case. That habit which he had embedded in me still continues. Hardly there is a day when I go home without taking some court records for reading. Another point which he asked me to bear in mind was not to open records in court except when the case was taken up for hearing. He said Court is like a stage where you present the case and not prepare yourself for presenting the case.

My senior always kept an eye on his junior so that he should not go astray. He was a strict disciplinarian. He expected his juniors to maintain high level of decorum. The office was almost like a class room. Some disgruntled might call him eccentric but he was not. For instance he used to dictate the pleadings and would ask me to write down what he dictated. He used to sit with a foot ruler in his hands ( don’t laugh ) by keeping an eye on what I was writing. In case I made any spelling etc mistakes, like a school teacher, he would hit on my knuckles irrespective of the fact whether there was any client or not. It was very painful. I remember having taken such a punishment from my Kannada teacher when I was in the 7th standard. It appears that teacher had taught my uncle who was at that time a leading surgeon in the then Madras Stanley Medical College. Once he thought I was laughing in the class and he called me near his chair and asked me to show my knuckles and hit with thin stick which in those days teachers were allowed to use. While beating he said “ Look at your uncle how brilliant he was and used to be an obedient student, but you are like as they say in Kannada “rayan kudure katteyagutta baruttade” Thereby meaning, you are transforming from a horse into a donkey. When my senior lawyer used to hit, I used to remember it. If I make a mistake, he would call me a mad man in the presence of clients. It was natural for him since he had the welfare of his junior in mind. No one would believe if I say he used to give me Rs. 20/- in those days as monthly pocket money so that I should take a cup of coffee every working day in the court canteen without looking for help from others. In the court complex, he would never like to see me anywhere near the canteen before 12.30 pm. These traits which he wanted a junior to cultivate helps the junior lawyer to dedicate himself to the cause of his profession.

In those days, junior lawyers very rarely used to get cases to handle and not even to represent. I should mention here that after a three or four years, I was allowed to represent in court. I was asked to argue an Interlocutory Application which was filed to receive the documents after excusing the delay in producing them. In those days such applications used to become contentious. If one goes through the commentary on that provision in the Civil procedure code 1908 one would find quite a lot of decisions of earlier period. It was challenge for me and I prepared myself to argue next day supported by a couple of decisions. To my greatest disappointment the lawyer appearing for the opposite side represented that it could be allowed with costs. He left it to the discretion of the court. The Court did not disappoint me but asked me how would you have submitted your arguments. That is how the courts used to motivate lawyers to be serious in the profession.

As the years rolled by I was not getting any substantial cases to conduct as most of his cases were hotly contested. I started complaining with my senior lawyer, who had by that time wanted to retire from active practice, that I was not able to get any cases to conduct in court. One day he gave me the first trial case in which two neighbours were fighting over a coconut tree which was projecting over another’s property and causing nuisance. I was asked to protect the tree from the axe of the Opponent as the law on the said subject was well established. It was a challenge for me. Such cases are fought in courts by litigants not with a view to redress their legal rights but to use such litigation to harass their neigbours who were on inimical terms with them. This was not a different case. Here both were earlier fast friends but fell out due to some misunderstanding. Both of them wanted to have a finding in their favour. As I said that the law on that point was well settled. However I could get temporary relief to my client as I could persuade the Court to give a chance to my client to pull the tress with guy wire into his property and avoid the nuisance since it was a coconut tree without any branches.. This made me feel that the courts have ears for my arguments and that if one puts in hard work, I could become a good lawyer. Thus I started getting some cases to conduct in court. As I went on conducting cases, he asked me to take the responsibility of Municipality cases. He was representing the Municipality then. This gave me confidence to prepare and conduct cases in court. From then on my journey into legal world started seriously.