The Law and The Lawyers

We have carefully considered the various statements made by the respondents and invited them at
hearing to give any intelligible explanation or excuse for their conduct

By: M. K. Gandhi
2024
 Highlights

• Friends advised me to go to Bombay for some time in order to gain experience of the High Court, to study Indian law and to try
and get what briefs I could
• Whilst I was widening the circle of my acquaintance, the firm received a letter from their lawyer saying that preparations
should be made for the case, and that Abdulla Sheth should go to Pretoria himself or send a representative
• Before coming to a narrative of the course my life took in India, it seems necessary to recall a few of the South African
experiences which I have deliberately left out
• Mr Gandhi asked leave to make a short statement and having obtained it, he said he thought there should be distinction made
between his case and those who were to follow. He had just received a message from Pretoria stating that his compatriots had
been tried there and had been sentenced to three months' imprisonment with hard labour, and they had been fined a heavy
amount in lieu of payment of which -they would receive a further period of three months' hard labour
• The Advocate-General, in opening the case, said that the proceedings wer,e in contempt against Mr Gandhi and Mr Desai, about
whose being Editor and Publisher respectively there was no dispute. It appeared that Mr Kennedy in April last, finding that
certain lawyers in Ahmedabad had- signed the Satyagraha pledge, asked them to explain why their Sanads should not be
cancelled for their having signed the pledge, and as he did not consider their explanation satisfactory he addressed a letter to the
 INTRODUCTION

The suit which he had filed against Tyeb Sheth who was his near relative claiming £ 40,000/- arose out of business transactions and
was full of intricacies of accounts.
3. It was Dada Abdulla's case which enabled Gandhiji to realize early in his career the paramount importance of facts
As he observes in his autobiography "facts mean truth and once we adhere to truth, the law comes to our aid naturally".9.
As a result of this realization of the paramount importance of facts in Dada Abdulla's case, Gandhiji was never known afterwards to
brush aside or slur over a fact inconvenient or prejudicial it might seem
Strict adherence to this principle enabled him more than once in a crisis to find a way out of what to all intents and purposes looked
like an impenetrable ring of steel.[10].
20. This book will have more than served its purpose if it inspires the reader, be he a lawyer or a layman, with the belief that the
vocation of the lawyer is an honourable vocation requiring the highest standards of rectitude, integrity and uprightness, and that its
practice is in no way inconsistent with the pursuit of truth
 PREFACE TO THE FOURTH EDITION

The film revived public interest in the Gandhian literature and as a result several copies of this book were sold throughout the
country as abroad.
I earnestly hope that the law students of Gujarat and Saurashtra and of other Universities in the country will find the book useful
and derive inspiration from it in the practice of their profession.
What I am concerned with is my readiness to obey the call of Truth, my God, from moment to moment, and, when anybody finds
any inconsistency between any two writings of mine, if he has still faith in my sanity, he would do well to choose the later of the
two on the same subject
 SECTION I GANDHIJI AS A LAW STUDENT

I passed the matriculation examination in 1887. It used to be held at two centres, Ahmedabad and Bombay.
He thought that he should be called to the Bar, but have some literary degree as well
He inquired about the Oxford and Cambridge University courses but gave up the idea of going to either of these places as it would
have meant greater expense and a much longer stay in England than he was prepared for.
He decided to study for the London Matriculation.
A friend suggested that, if I really wanted to have the satisfaction of taking a difficult examination, I should pass the London
Matriculation
It meant a good deal of labour and much addition to my stock of general knowledge, without any extra expense worth the name.
The sea was rough in the harbour, and I. had to reach the quay in a launch
 SECTION II GANDHIJI AS A LAWYER

I said in the last chapter that the sea was rough in Bombay harbour, not an unusual thing in the Arabain Sea in June and July.
My brother had thought it fit to keep some sort of English atmosphere ready for me on my return and to that end, crockery and such
other things, which used to be kept in the house only for special occasions, were in general use.
Friends advised me to go to Bombay for some time in order to gain experience of the High Court, to study Indian law and to try and
get what briefs I could.
Whilst in Bombay, I began, on the one hand, my study of Indian law and, on the other, my experiments in dietetics in which
Virchand Gandhi, a friend, joined me.
My brother, for his part, was trying his best to get me briefs.
When and why I left off wearing any head-dress at all in South Africa, we shall see later
 10_ ON THE WAY TO PRETORIA

I soon came in contact with the Christian Indians living in Durban. The Court Interpreter, Mr Paul, was a Roman Catholic.
Whilst I was widening the circle of my acquaintance, the firm received a letter from their lawyer saying that preparations should be
made for the case, and that Abdulla Sheth should go to Pretoria himself or send a representative.
Abdulla Sheth gave me this letter to read, and asked me if I would go to Pretoria.
I let all the other passengers go and thought that, as soon as the ticket collector was fairly free, I would hand him my ticket and ask
him if he could direct me to some small hotel or any other such place where I might go; otherwise I would spend the night at the
station.
I spoke to the other guests about you, and asked them if they would mind your having your dinner in the dining-room
They said they had no objection, and that they did not mind your staying here as long as you liked.
 12_ PREPARATION FOR THE CASE

The year's stay in Pretoria was a most valuable experience in my life

Here it was that I had opportunities of learning public work and acquired some measure of my capacity for it.
There were numerous points of fact and law in this intricate case
Both parties had engaged the best attorneys and counsel.
As I have said before, I took a keen interest in religious communion and in public work and always gave some of my time to them,
they were not my primary interest.
I saw that the facts of Dada Abdulla's case made it very strong and that the law was bound to be on his side.
Bill, if it passes into law, will make our lot extremely difficult.
 15_ COLOUR BAR

The symbol of a court of justice is a pair of scales held evenly by an impartial and blind but sagacious woman.
The Law Society sprang a surprise on me by serving me with a notice opposing my application for admission
One of their objections was that the original Englsih certificate was not attached to my application.
Whether humble or objectionable, be used against me?' But I contained myself and quietly replied: 'Though I do not admit that the
Law Society has any authority to require all these details, I am quite prepared to present the affidavit you desire.' Sheth Abdulla's
affidavit was prepared and duly submitted to the counsel for the Law Society
It opposed my application before the Supreme Court, which ruled out the opposition without even calling upon Mr Escombe to
reply.
 16_ SETTLED IN BOMBAY?

[Editor's Note: In the year 1901 Gandhiji returned to India with the intention of permanently settling down here.
On Shri Gokhale's advice he decided to settle down in Bombay, practise at the bar and help him in public work.
Gokhale was very anxious that I should settle down in Bombay, practise at the bar and help him in public work.
Public work in those days meant Congress work, and the chief work of the institution which he had assisted to found was carrying
on the Congress administration.
Two of them were appeals before the Judicial Assistant to the Political Agent in Kathiawad and one was an original case in
Jamnagar.
I gave up the chambers and started for South Africa
 17_ SOME REMINISCENCES OF THE BAR

Before coming to a narrative of the course my life took in India, it seems necessary to recall a few of the South African experiences
which I have deliberately left out.
When the senior counsel became aware of the error, he was of opinion that our client was not bound to admit it.
I shall have nothing to do with the case if the error is not admitted.' With this I looked at my client.
The client fully trusted me, and knew me through and through
He said: 'Well, you will argue the case and admit the error.
As soon as I referred to the error in the accounts, one of the judges said: 'Is not this sharp practice, Mr Gandhi?' I boiled within to
hear this charge.
I composed my thoughts and answered: 'I am surprised that your Lordship should suspect sharp practice without hearing me out.'
'No question of a charge,' said the judge.
Let the reader, remember that even truthfulness in the practice of the profession cannot cure it of the fundamental defect that vitiates
it
 18_ CLIENTS TURNED CO-WORKERS

The distinction between the legal practice in Natal and that in the Transvaal was that in Natal there was a joint bar; a barrister,
whilst he was admitted to the rank of advocate, could practise as an attorney; whereas in the Transvaal, as in Bombay, the spheres of
attorneys and advocates were distinct.
Wherever I felt myself at sea, I would advise my client to consult some other counsel, or if he preferred to stick to me, I would ask
him to let me seek the assistance of senior counsel.
This frankness earned me the unbounded affection and trust of my clients.
They were always willing to pay the fee whenever consultation with senior counsel was necessary.
This affection and trust served me in good stead in my public work.
Hundreds of clients became friends and real co-workers in public service, and their association sweetened a life that was otherwise
full of difficulties and dangers
 19_ HOW A CLIENT WAS SAVED

The reader, will be quite familiar with Parsi Rustomji's name. He was one who became at once my client and co-worker, or perhaps
it would be truer to say that he first became co-worker and client.
He was a large importer of goods from Bombay and Calcutta, and not infrequently he resorted to smuggling
As he was on the best terms with customs officials, no one was inclined to suspect him.
Inquiry revealed that the smuggling had been going on for a long time, but the actual offence detected involved a trifling sum
Parsi Rustomji intercepted: 'I thank you, but I should like to be guided by Mr Gandhi's advice in this case.
The Customs Officer said: 'I like the old Parsi.
The case against Parsi Rustomji was compromised
He was to pay a penalty equal to twice the amount he had confessed to having smuggled.
When I told Rustomji about this warning he said: 'What would be my fate if I deceived you?'
 20_ BEFORE THE COURT IN 1907

[Editor's Note: On 22nd November 1905 Messrs. Abdul Gani (Chairman, British Indian Association), Haji Habib (Secretary,
Pretoria Committee), E.
Mr Gandhi gave his word that all would appear before the respective magistrates at 10 a.m. day .and the Commissioner accepted
this guarantee
Morning when he attended at the British Criminal Court, he was asked by the Superintendent whether he held duly issued
registration certificates under Law 2 of 1907 and upon receiving replies in the negative, he was promptly arrested and charged
under Section 8 Sub-Section 2 of Act 2 of 1907, in that he was in the Transvaal without a registration certificate issued under the
Act. The Court was crowded to excess and it seemed as if at one time the barrier would be overthrown.
Mr Gandhi asked no question but went into the box prepared to make a statement
He said what he was about to state was not evidence but he hoped the Court would grant him indulgence to make a short
explanation seeing that he was an officer of that Court.
Speeches and Writings of Mahatma Gandhi, 4th Ed., Natesan, Madras, pp. 49-51
 21_ BEFORE THE COURT IN 1908

[Editor's Note: On the 11th January 1908 Gandhiji appeared before the Court and pleaded guilty to the charge of disobeying the
order of the Court to leave the Colony within 48 hours.
Mr Gandhi asked leave to make a short statement and having obtained it, he said he thought there should be distinction made
between his case and those who were to follow
He had just received a message from Pretoria stating that his compatriots had been tried there and had been sentenced to three
months' imprisonment with hard labour, and they had been fined a heavy amount in lieu of payment of which -they would receive a
further period of three months' hard labour.
If these men had committed an offence, he had committed a greater offence, and he asked the Magistrate to impose upon him the
heaviest penalty.
Speeches and Writings of Mahatma Gandhi, 4th Ed., Natesan, Madras, p. 52
 22_ BEFORE THE COURT IN 1913

[Editor's Note: While Gandhiji was leading a deputation to England, another deputation led by Mr Polak came to India to press the
question of the repeal of the £3 tax.
Mr Gokhale subsequently visited South Africa and made special representation to the Union Ministers on this particular question
and a definite undertaking was given to him that the tax would be repealed
For a time it appeared that settlement was possible.
"As a member of the profession and being an old resident of Natal, he thought that, in justice to himself and the public, he should
state that the counts against him were of such a nature that he took the responsibility imposed upon him, for he believed that the
demonstration for which these people were taken out of the Colony was one for a worthy object
He felt that he should say that he had nothing against the employers and regretted that in this campaign serious losses were being
caused to them.
Speeches and Writings of Mahatma Gandhi, 4th Ed., Natesan, Madras, pp. 63-64
 23_ WAS IT CONTEMPT OF COURT?

On 11-12-1919, the Registrar of the High Court applied for a rule Nisi calling upon the respondents, Mr Gandhi and Mr Desai, to
show cause why they should not be committed or otherwise dealt with according to law, for Contempt of Court in respect of the
publication of the said letter.
The Advocate-General, in opening the case, said that the proceedings wer,e in contempt against Mr Gandhi and Mr Desai, about
whose being Editor and Publisher respectively there was no dispute
It appeared that Mr Kennedy in April last, finding that certain lawyers in Ahmedabad had- signed the Satyagraha pledge, asked
them to explain why their Sanads should not be cancelled for their having signed the pledge, and as he did not consider their
explanation satisfactory he addressed a letter to the Registrar of the High Court on the 22nd April 1919.
The District Judge writes this letter as a complainant and not as a Judge
Marten: He was writing as a Judge exercising jurisdiction over
certain lawyers
He was not sitting in court to decide an action.
J. Marten: Would it not be dangerous if the press made comments during pendency of proceedings?
If a son wrongly brought a suit against his father I would be justified in commenting on the son's conduct in bringing such a suit
against his father, without in any way thereby prejudicing the decision of the Court.
I have prejudiced no party and have made no comment on the action of Mr Kennedy as a Judge.
J. Marten drew Mr Gandhi's attention to a decision in England reported in a recent issue of the London Times whereby the editor,
publisher and printer of a newspaper were fined for contempt.
Mr Gandhi: There I submit it is possible for me to draw a distinction.
While I was in England the famous Mrs Maybrick's case was going on and the whole newspaper press divided itself into two
parties, one condemning Mrs Maybrick and the other going for the Judge, Mr Justice Stephen and even suggesting that he was unfit
to try the case
 Marten: But that was all after trial?

Mr. gandhi: No It was while the case was going on. I followed the proceedings in the case from day to day throughout the many
months that it was going on.
J. Marten: It did not go on, Mr Gandhi, for many months.
Marten: It did not go on, Mr Gandhi, for many months
Mr Desai stated that he entirely associated himself with the sentiment expressed by Mr Gandhi.
He was sure he was infinitely more incapable of arguing the case than Mr Gandhi and he would not presume to do that.
He was prepared to cheerfully and respectfully abide by whatever decision Their Lordships were pleased to give.
 CONTEMPT CASE JUDGMENT

After stating the facts of the case which are substantially as we have already given, His Lordship Justice Marten observes: Cases
'sub judice' As to the general principles of law to be applied to this case, there can, I think, be no doubt.
As my Brother Hayward has pointed out to me, the letter follows the procedure laid down in the Civil Circulars of this Court, in
cases of alleged misconduct by a pleader
It very properly sets out what the learned Judge considers to be the facts, both for and against the pleaders, and gives his reasons for
bringing the matter before the High Court.
If, in the present case, the District Judge's letter contained any statements which the respondent pleaders or barristers contended
were inaccurate, that would be a matter for decision at the hearing of the notices, when all they had to say would be fully
considered.
It would be sufficient in my opinion to enunciate unmistakably for them the law in these matters, to severely reprimand them for
their proceedings and to warn them of the penalties imposable by the Right Court." Mr Justice Kajiji concurred
 24_ CONTEMPT OF COURT

The long expected hearing of the case against the editor and the publisher of Young India in connection with the publication of a
letter* of the District Judge of Ahmedabad regarding Satyagrahi lawyers and my comments thereon has been heard and judgment
has been pronounced.
The Superintendent of Police, Ahmedabad, the first witness, produced the Bombay Government's authority to lodge a complaint for
four articles published in Young India, dated the 15th June 1921, entitled "Disaffection a Virtue"; dated the 29th September,
"Tampering with Loyalty"; dated the 15th December, "The Puzzle and Its Solution" and dated the 23rd February 1922, "Shaking the
Manes"
He stated that the warrant was issued on the 6th instant by the District Magistrate, Ahmedabad and the case was transferred to the
file of Mr Brown.
The charge in each case was that of bringing or attempting to bring into hatred or contempt or exciting or attempting to excite
disaffection towards His Majesty's Government, established by law in British India