Showing posts with label The Lawyer. Show all posts
Showing posts with label The Lawyer. Show all posts

The Lawyer





"Having qualified as a barrister in England and having made his mark in India, Jinnah's name could be justly added to the 'list of great lawyers' academically linked to Lincoln's Inn. Jinnah practiced both law and politics for half a century; he made a fortune as an advocate and earned glory and gratitude of prosperity as leader of the Indian Muslims. When Jinnah left the shores of free England and voyaged to subject India in 1896, he had perhaps no idea that, one day, he would be obliged by the erstwhile Hindu leaders to make history and his biggest brief would be to win the case of the Indian Muslims for a separate homeland."
Aziz Beg, Jinnah and his Times.

Life in Bombay (1896 to 1910)

Jinnah left London for India in 1896. He decided to go to Bombay after a brief stay in Karachi. He opted for Bombay because it offered scope for the exercise of his legal faculties and ground for his political ambitions. Bombay had the brightest constellation of India’s lawyer-politicians, at that time. Ranade, Badruddin, Tyabji, Gandhi, Tilak, Gokhale, Cowasji, Dadabhoy Naoroji, Bholabhai Desai, Wacha, Nariman and many more renowned men were based in Bombay.

He was enrolled as a barrister in Bombays’ high court on August 24, 1896. He took up lodgings in Room No.110 of Apollo Hotel. Father’s business had suffered serious losses by then, and he could hardly get any brief for a year or so but he never stopped helping the poor and needy, even in his precarious financial position. In a letter to the Times of India, Bombay, the June 10, 1910 issue, he appealed to the well-off section of the Muslim Community in Bombay to aid a Muslim orphanage in the city. He donated a handsome amount to the orphanage at a time when his practice was not even flourishing. By 1900, he was introduced to Bombay’s acting advocate-general, John Molesworth McPherson, and was invited to work with him in his office. But soon he succeeded in crossing all the hurdles to become a leading lawyer of India. He won many famous cases through powerful advocacy and legal logic.

In politics, he admired Dadabhai Naoroji and another brilliant Parsi leader Sir Pherozeshah Mehta. It was Pherozeshah Mehta, who entrusted him to defend him in the famous Caucus Case. Jinnah hit the headlines in this case; it was remarkable how a 62-year-old statesman of the Congress and an eminent lawyer had entrusted his defence to a young Muslim barrister.

Jinnah’s career as a lawyer is full of marvelous legal victories. Either it was the Sapru-Jinnah encounter in Bhopal high court or the famous Bawla murder trial of 1925; a legal case against the great Hindu leader Bal Ganghadhar Tilak or his last case in 1945 where he defended Bishen Lal at Agra; Jinnah always proved to be the most enviably popular counsel.

Sir Stafford Cripps called Jinnah the most accomplished lawyer — outstanding amongst Indian lawyers and a fine constitutionalist. As a fellow barrister of Bombay High Court put it, “he was what God made him, a great leader. He had sixth sense: he could see around corners. That is where his talents lay…he was a very clear thinker…But he drove his points home — points chosen with exquisite selection –show delivery, word by word.”

Joachim Alva said “he cast a spell on the courtroom…head erect, unruffled by the worst circumstances. He has been our boldest advocate.” Jinnah’s most famous legal apprentice M.C. Chagla, the first Indian Muslim to be appointed chief justice of the Bombay High Court said, “What impressed me the most was the lucidity of his thought and expression. There were no obscure spots or ambiguities about what Jinnah had to tell the court. He was straight and forthright, and always left a strong impression whether his case was intrinsically good or bad. I remember sometimes at a conference he would tell the solicitor that his case was hopeless, but when he went to the court he fought like a tiger, and almost made me believe that he had changed his opinion. Whenever I talked to him afterwards about it, he would say that it was the duty of an advocate, however bad the case might be, to do the best for his client”. He reminisced that Jinnah’s ‘presentation of a case’ was nothing less than a piece of art.”

Jinnah appeared in the annual session of the All India Congress, Calcutta, 1906. Dadabhai Naoroji presided over the session with Jinnah serving as his secretary. In his speech Dadabhai called the partition of Bengal a “bad blunder for England” and addressed the growing distance between the Hindus and the Muslims in the aftermath of partition. He called for a thorough political union among the Indian people of all creeds and classes. “The thorough union, therefore, of all the people for their emancipation is an absolute necessity…They must sink or swim together. Without this union, all efforts will be vain.”

Jinnah reiterated this call for national unity at every political meeting he attended in those years, and he emerged as true Ambassador of Hindu-Muslim unity. He met India’s poetess Sarojini Naidu at that Calcutta Congress, who was instantly captivated by the stunning appearance and rare temperament of India’s rising lawyer and upcoming politician.

Life in London

Jinnah left for England in January 1893, landed at Southampton, catching the boat train to Victoria Station. “During the first few months I found a strange country and unfamiliar surroundings,” he recalled. “I did not know a soul and the fogs and winter in London upset me a great deal”. He worked at Graham’s for a while surrounded by stacks of account books he was expected to copy and balance. His father had deposited enough money in his account in a British bank to last for three years of his stay in London. He took a room as houseguest in a modest three-story house at 35 Russell Road in Kensington.

He arrived in London in February 1893 and after two months he left Graham’s on April 25 of that year to join Lincoln’s Inn, one of the oldest and well reputed legal societies that prepared students for the Bar. On June 25, 1893, he embarked on his study of the law at Lincoln’s Inn. His quest for general books especially on politics and biographies led him to apply to the British Museum Library and he became a subscriber of the Museum Library. The two years of “reading” apprenticeship that he spent in barrister’s chambers was the most important element in Jinnah’s legal education.

Entrance to Lincoln’s Inn, London

He used to follow his master’s professional footsteps outside the chambers as well.
When Jinnah landed at Southampton, it was the peak of British power and influence in the world. The Victorian era was about to end and a new economic order was struggling to be born. Young Jinnah was greatly affected by the life in what was then called, “the greatest capital of the world”, where people had more freedom to pursue what they believed in. Apart from his upbringing according to the traditions and ethics of a religious family, the Victorian moral code not only colored his social behavior but also greatly affected his professional conduct as a practicing lawyer. Jinnah’s political beliefs and personal demeanor as a public man in India for four decades clearly indicate that his training, education and life in London profoundly influenced his way of life. It was that influence and training that helped him a great deal in presenting the most important case of his life and eventually led him to win that case a free country for the Muslims of the subcontinent.

In London, he received the tragic news of the death of his mother and first wife.
Nevertheless, he completed his formal studies and also made a study of the British political system by frequently visiting the House of Commons. He was the youngest student ever to be called to the Bar.

“It was in London that he acquired love of personal freedom and national independence. Inspired by the British democratic principles and fired by a new faith in supremacy of law, liberalism and constitutionalism became twin tools of Jinnah’s political creed which he daringly but discreetly used during the rest of his life.” Aziz Beg, Jinnah and his Times.

He was greatly influenced by the liberalism of William E. Gladstone, who had become prime minister for the fourth time in 1892.

Jinnah also took keen interest in the political affairs of India. He was extremely conscious of the lack of a strong voice from India in the British Parliament. So, when the Parsi leader Dadabhai Naoroji, a leading Indian nationalist, ran for the British Parliament, it created a wave of enthusiasm among Indian students in London. Naoroji became the first Indian to sit in the House of Commons. Naoroji’s victory acted as a stimulus for Jinnah to lay the foundation of the “political career” that he had in his mind.

Jinnah was a marvelous speaker and was recognised as a balanced and reasoned debater. His power of speech had an ability to mesmerise the audience. Frank Moraes, an eminent Indian journalist, painted Jinnah’s skills and attributes, “…watch him in the courtroom as he argues a case. Few lawyers command a more attentive audience…No man is more adroit in presenting his case. If to achieve the maximum results with the minimum effort is the hallmark of artistry, Mr. Jinnah is an artist in his craft…The drab courtroom acquires an atmosphere as he speaks. Juniors crane their necks forward to follow every movement of the tall, well-groomed figure, senior counsels listen closely, the judge is all attention”.
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