5/8/23, 5:05 PM A Relationship Still Undefined : Remembering Justice Thottathil B Radhakrishnan

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A Relationship Still Undefined : Remembering Justice

Thottathil B Radhakrishnan
George Varghese Perumpallikuttiyil, Advocate
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30 April 2023 9:01 AM

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5/8/23, 5:05 PM A Relationship Still Undefined : Remembering Justice Thottathil B Radhakrishnan

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“You don’t know how deeply you are intertwined with someone until they leave you”

Writing an obituary about someone who was closely associated with your life is
painful, especially when you are struggling to come to terms with their untimely
passing. Therefore, it is difficult for me to put to words my thoughts about my
beloved senior Shri. Thottathil B Radhakrishnan who was my pillar of strength and
guiding spirit for nearly 24 years. Though life is full of uncertainties, the loss of
Radhakrishnan Sir when he was 64 years old is unfathomable.

I vividly recall my first meeting with him on 22nd May 1999 at his residence Sai
Gayathri, when I, as a raw junior who was practicing in Mavelikara, came for the
purpose of an interview to join his office. I am deeply indebted to Sri. K.K.Thomas
and Late Sri. M.S. Usman, my esteemed seniors at the District Court Centre,
Mavelikkara, who recommended and persuaded Radhakrishnan Sir to take me to his
fold and permit me to be part of his office. Fortunately, he did not ask any questions
on our first meeting, except that he just glanced through the copy of the Transfer of
Property Act I was carrying. Later, I realized the risk of offering myself to face
questions on T.P. Act from Radhakrishnan Sir whose knowledge in civil law is
unparalleled.

My period of tutelage under him was a transformative phase of my life, which

instilled rays of hope in my mind to set foot on this glorious profession beset with
great uncertainties. I still recall the nervousness and excitement I experienced on the
first day in his office. I was provided a separate study table and chair, ready with a file
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board, pencil, pen and set of papers. Every arduous question I put to him had an
answer. My puerile responses were never received with the contempt they deserved.
My queries were never dismissed as those of a novice.

As a lawyer, he was highly charismatic. He could weave magic using his wit and
words to persuade the bench. It was inspiring to hear his submissions and the
acclaim they received from the Bench. I found a ‘Hero’ in him and he remained the
same throughout our professional life. Despite his hectic engagements, he always
found time to guide me on each and every brief I received during my initial years,
regardless of the remuneration involved. He was ready and willing to put in that extra
time and use his legal acumen for me and it helped in my growth as an individual and
a professional. He was a Senior who was genuinely invested in the growth of his
junior colleagues. In that sense, he was a true ‘Guru’, who yearned to see his
‘shishyas’ flourish and take the mantle of this glorious profession forward. He was a
tough task master and disciplinarian, in that he made us study the briefs rigorously
and put in long hours. He was not at all miserly in giving his juniors opportunities to
make appearances, provided they are well prepared. I myself got innumerable
opportunities to appear in various cases where our office was engaged and these
opportunities helped me grow in confidence. This applied to my colleagues who were
associates of Radhakrishnan Sir as well.

Valuable lessons

The fundamental rule he taught us was - never mislead the Court on the facts of the
case; if the facts are adverse, explore legal solutions to overcome them. He advised
us to always marshal the facts properly, however complex they are. As a veteran civil
lawyer, he had a keen eye to spot key factual nuances, and that often led to turning
the fate of several cases in our favor. As juniors, we often got tempted to chase

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abstract questions of law; but he would advise us to focus on minute factual aspects
and interlink them to questions of law. He also stirred in us a passion for the
profession and always reminded us that we will forever remain students of law.

I genuinely feel that the training given by Radhakrishnan sir made a huge difference in
the professional lives of myself and my colleagues. It is my firm belief that a regular,
continuous and systematic period of professional life under a genuine Senior - who is
willing to teach and guide you- is necessary for any beginner in this profession in the
formative years, unless you are exceptionally gifted. The training under a good senior
will help one to imbibe a proper work culture, gather insights about the nuances of
law, and most importantly, equip one to deal with the practical realities of litigation
and court-craft. Seniors who allow young talents to join their office as junior
associates are equally enjoined to guide and streamline them properly for the best
interest of the profession and that of the system.

A legendary lawyer

Having been closely associated with Radhakrishnan Sir during his independent legal
practice, I can assertively state that he was an erudite lawyer of exceptional skill and
ability. The vibrance and eloquence with which Radhakrishnan Sir mastered advocacy
is something worthy of being emulated by the junior members of the bar. He was not
someone who believed in making long, repetitive and roundabout arguments. His
submissions were precise and razor sharp. He was not just a master of the spoken
word, but also the written word too. The way in which he drafted pleadings was crafty,
artful and precise. His eloquence was backed up by his brilliance and deep erudition
in law. There are innumerable occasions where he breathed life into ‘hopeless’ cases
using his brilliant advocacy. His chaste English won many hearts among the juniors.
His brilliance in the legal profession founded on his deep knowledge of the basic
jurisprudence and mastery over civil and constitutional law placed him at a higher
pedestal.

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Though there are several examples where his legal brilliance came into play, I can
only cite two such instances due to paucity of space. There was a case before the
bench led by Sri. M.N.Srikrishna, the then Chief Justice of the High Court of Kerala,
regarding the appointment of public prosecutors. Radhakrishnan sir advanced a
novel contention that a Public Prosecutor is not merely an advocate engaged by the
State Government at its whims and fancies but holds a statutory office of
significance. Referring to various provisions of the CrPC, he emphasized that a
special role is assigned to the Public Prosecutors and that they are not to act as mere
mouthpieces of the government. His arguments were accepted by the Bench when it
declared Rule 7 and 8 of the Kerala Government Law Officers (Appointment and
Conditions of Service ) and Conduct of Cases Rules 1978 as null and void. The
second example is a case before a larger bench headed by Sri. Jawaharlal Gupta, the
then Chief Justice of High Court of Kerala, which considered the question whether a
Christian father is under an obligation to maintain his minor child. Radhakrishnan
Sir’s contention was that the right to life of an individual, whether minor or major, is
guaranteed under Article 21 of the Constitution of India and any custom or law,
absolving a father of an obligation to maintain the minor child would be violative of
Art.21. He further contended that every other provision of law, whether personal,
public or private, has to conform to the Constitutional mandate and such provisions
need to be interpreted in a manner that would fulfill and promote the Constitutional
mandate. His innovative arguments were accepted by the Larger Bench and formed
the basis of the first two conclusions of the Bench. Recognizing the professional skill
and legal acumen Radhakrishnan Sir, was elevated to the Bench at a comparatively
younger age of 46 years.

Since I was not appearing before the Court of Radhakrishnan Sir due to our close
association, I cannot account for his performance as a Judge of the High Court of
Kerala, except through his reported judgments. Lawyers are the best Judge of Justice
Thottathil B. Radhakrishnan. Though the status of Radhakrishnan Sir changed, we,
his junior associates, had the privilege of his continued patronage, guidance and
support whenever we needed it.

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Radhakrishnan Sir was a source of inspiration for all of us who worked with him. He
was considerate, warm and maintained a very healthy relationship with each one of
his junior associates and their respective families. Radhakrishnan Sir was concerned
about each one of us. Every member of his office will have a personal experience to
share about the love and care they received from him. The outward impression of
Radhakrishnan Sir as a reserved, serious personality is deceptive. He was calm and
composed, was emotionally stable and mindful of the concerns of others. He was
very sensitive to the cause of the environment as well.

Non-elevation of Radhakrishnan Sir to Supreme Court of India was surprising and is

definitely a loss to Indian judiciary. His legal acumen could have benefitted the
Honourable Supreme Court and the pan-Indian jurisprudence

The associates of Radhakrishnan Sir have very close connections with his family. All
of us tried our best to provide the best possible medical care for him. But our efforts
were insufficient to prevent the ultimate event. We will continue our support and care
for Meera chechi, Kesav and Paru.

With a heavy heart I pay my soulful homage to my beloved teacher, guru, guide and
patron for the role he played in our life which is yet to be defined.

(The author is an advocate practising at the Kerala High Court and can be reached at
advocgv@gmail.com.

Justice Thottathil B Radhakrishnan, former Chief Justice of the High Courts of

Calcutta, Telangana, Chattisgarh and former judge of the Kerala High Court, passed
away on April 3, 2023)

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