Kids Corner

Above: Nani Palkhiwala, as he walks into the courthouse to defend Indira Gandhi.

1984

The Devil Too Has An Advocate:
An Attorney for Indira Gandhi

T. SHER SINGH

 

 

 

Public memory, they say, is short.

Certainly, it is true for India.

Indians have conveniently forgotten that Indira Gandhi, while Prime Minister, was charged in 1975 for electoral fraud. And found guilty by the Allahabad High Court. Her 1971 election was invalidated by the High Court and she was sentenced to jail.

Nani Palkhiwala, an eminent jurist of international repute, a constitutional law expert and an economist -- and the country’s leading attorney -- was widely known throughout his career not only for his skills in advocacy but also his impeccable integrity.

He was Indira Gandhi’s lawyer.

Earlier, he had resisted her overtures to become her Law Minister. He was not enamoured by her corrupt practices, blatant excesses and her willy-nilly approach to the law of the land.

Therefore, when asked to act for her in her defence, he had initially refused. But then, under intense “pressure”, gave in; he held his nose and proceeded to defend her valiantly … but the evidence against her was overwhelming.

She lost and was ordered to jail.

She wanted him to represent her on an appeal. He refused.

Considering herself above the law and faced with jail, Indira precipitously suspended Democracy, summarily dissolved the Government and Parliament, threw out the Constitution, and assumed dictatorial powers … all, in order to avoid being jailed.  

There'll be no elections, she declared. And no pesky Civil Liberties.   

Palkhiwala immediately resigned as her attorney.

“Livid at Palkhiwala’s open show of defiance,” describes a news report, “Indira Gandhi did everything possible to make his life hell.”

She proceeded to carry out a reign of terror led by her son, Sanjay Gandhi.

Palkhiwala, not at all cowed by the newly-minted tyrants, joined hands with a nation-wide civil disobedience movement to oust the dictator -- led by Jayaprakash Narayan -- and energized by (who else!) the Sikhs across the country.

It took the new “‘independence struggle” almost two years before Indira’s hand was forced into restoring democracy by holding elections.
 
The saintly Jayaprakash Narayan called it the nation’s “darkest hour.“

Her own lawyer, Palkhiwala, continued to chastise her publicly.

“She did more damage to the country,” he said, “than anyone else. I am amazed at the liberties she took. Had she had her way, she would have destroyed the liberty that we have, but for the fight of some of us.”
 
Indira Gandhi lost the election in 1977.

The new government appointed Palkhiwala as India's Ambassador to the US. Despite his immense  power and influence, however, he never lost his decency and humility. Which directly led to his being recalled from Washington, D.C. in 1979.

What was his crime?

He had offered a helping hand to Lillian Carter, President Jimmy Carter's aging mother, and assisted her with putting on a shoe. His civilized behaviour had offended India’s brahmin sensibilities!

Benefitting from an incompetent opposition, Indira Gandhi regained power in January 1980 and once again became Prime Minister.  

Indira’s son, Sanjay Gandhi, had -- literally -- raped, pillaged and plundered around the country during his mother’s dictatorship. With his mother back in power, he was back to being a mafiosi.

But not for too long.

Not surprising to any one in the country, within five months after he began another reign of terror on behalf of his mother, he was killed in a “plane crash” in June 1980. The cause of the crash has not been disclosed to date.

Right after her downfall, both Jayaprakash Narayan and Palkhiwala were hounded by a vengeful Indira Gandhi.

She had ensured through her political cronies, for example -- and through Sanjay's masterful dadagiri -- that Jayaprakash was denied proper medical attention during critical stages of his illness.  He was already in his mid-70s when he had reluctantly taken on the mantle of leader in the civil obedience that led to her fall in 1977. He finally succumbed and died in 1979.

But Palkhiwala had his international stature to protect him -- and the considerable might of India’s leading industrialist, J.R.D. Tata, behind him. Palkhiwala managed to stay a step ahead of his wannabe nemesis, but remained fearless in his public condemnation of Indira Gandhi’s crimes.

He continued to keep an eagle eye on her excesses and remained her vociferous critic in the years that followed as she clawed her way from one scandal to the next.

On January 16, 1984, a mere five months BEFORE Indira Gandhi’s criminal assault on the Darbar Sahib in Amritsar, Palkhiwala bravely made the following honest and daring assessment:

The picture that emerges is that of a great country in a state of moral decay. The immediate future seems to belong to the doomsayers rather than to cheer mongers. We suffer from a fatty degeneration of conscience, and the malady seems to be not only persistent but prone to aggravation. The life style of too many politicians and businessmen bears eloquent testimony to the truth of dictum that the single minded pursuit of money impoverishes the mind, shrivels the imagination and desiccates the heart.

The tricolour fluttering all over the country is black, red and scarlet - black money, red tape and scarlet corruption.

My dog sleeps about 20 hours a day.

He has his food prepared for him.

He can eat whenever he wants, 24/7/365.

His meals are provided at no cost to him.

By the way he does not need to pay for medical insurance. He visits the doctor once a year for his check-up, and again during the year if any medical needs arise.

For this he pays nothing, and nothing is required of him.

He lives in a nice neighbourhood in a house that is much larger than he needs, but he is not required to do any upkeep. If he makes a mess, someone else cleans it up.

He has his choice of luxurious places to sleep.

He receives these accommodations absolutely free.

He is living like a King, and has absolutely no expenses whatsoever.

All of his costs are picked up by others who go out and earn a living every day ...

I was just thinking about all this, and suddenly it hit me like a brick in the head …

My dog is like the Indian politician. 

 

June 3, 2013

Conversation about this article

1: Harleen Kaur (Fremont, California, USA), June 03, 2013, 2:57 PM.

Excellent article. India is in need of many more such brave souls today.

2: Sundeep Grewal (Abbotsford, British Columbia, Canada), June 03, 2013, 7:20 PM.

I really do not envy the position that Mr. Palkhiwala was placed in. I would never want to be placed in a position where I would have to defend someone who I knew is 100% guilty of a crime. I will definitely not be pursuing such a career after my legal studies.

3: Sangat Singh (Kuala Lumpur, Malaysia), June 05, 2013, 7:42 PM.

Benjamin Franklin, one of the Founding Fathers of USA and a leading author and a printer, once wrote something in his newspaper that upset the leading politicians of the time. They registered their displeasure and Benjamin, to pacify them, invited them over to discuss the matter over dinner. When they arrived, he served them with soup as a starter that tasted like boiled saw dust. Just one spoonful and they couldn't continue, but Benjamin appeared to be relishing it. Looking at this comical situation, he remarked: "Gentlemen, if I can live and enjoy this soup, I see no reason why I should change my opinion about what I wrote."

4: Amy (Seremban, Malaysia), June 06, 2013, 2:27 AM.

What a well chronicled article. It amazes me of the expertise with which the writer gives us this article on Indira Gandhi's trajectory without spinning the story. It whets our appetite for more. Perhaps, minus the sons, the woman may not have ruled for as long as she did.

5: Dr Birinder Singh Ahluwalia (Toronto, Ontario, Canada), June 06, 2013, 11:36 AM.

I have said numerous times in the past: India can be a great country if its people chose to do the right thing - there is still ample opportunity for India and Indians to move forward in a constructive manner, to build a cherished land that their children and grandchildren can enjoy. I do wish they would.

6: G. R. Srinivasa (Bengaluru, India), December 19, 2013, 10:14 AM.

One of the good articles on Nani Palkiwala. We are yet to see a man of this eminence in the present system. We need people of such character and integrity.

7: Gnana Sambanthan (Chennai, india), February 15, 2014, 7:09 AM.

Good article.

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An Attorney for Indira Gandhi"









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