Justice M N Shukla: Memories of another day

Illustrating the time-tested advice passed among lawyers' circles – 'know the mind of the judge and half the case is won' JUSTICE YATINDRA SINGH fondly recalls an incident from the court of Justice Mahesh Narain Shukla.

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"The life of the law has not been logic: it has been experience … even the prejudices which the judges share with their fellow-men, have had a good deal more to do than the syllogism in determining the rules by which men should be governed…."

Justice Oliver Wendell Holmes in his book 'The Common Law'.

If a lawyer is to choose litigation over other workstreams, then that lawyer must be in the court every day – whether they have work or not. This is the best way, not only to understand 'the prejudices which the judges share with their fellow men', but to learn from the masters performing their art. After all, knowing the mind, or as Justice Holmes would say, understanding the 'inarticulate major premise' of the judge is important. But before I narrate an incident from the court of Justice Mahesh Narain Shukla (06.10.1923 – 28.10.2010) illustrating this point, here is his brief life sketch:

Justice Shukla did his initial schooling in Kanpur before joining Allahabad University, where he completed his graduation as well post-graduation in English. He missed his first division in graduation due to an illness, but was third in order of merit in his M.A.  He had mastery not only over English literature but also the Bhagvad Geeta. His English was immaculate and he was a very good speaker – it was always a pleasure to hear his speeches.

He took his oath as judge of the Allahabad High Court on 14.03.1969, and was elevated as its Chief Justice on 29.11.1983. He retired on 05.10.1985.

He had property that was let out, and was perpetually harassed by the tenants. This made him sympathize with landlords, and no landlord ever lost their case in his court. We waited for him to sit in rent control cases to argue for our landlord briefs.