It is rare for a teacher to be named after the subject he taught. Yet Professor Gupteswar used to be fondly addressed as Torteswar, indicating his authority on the Law of Torts taught in first year of law school. Gupteswar, who was formerly a professor of Andhra University, Principal of Pendekanti Law College, and a scholar of law, breathed his last fourteen days before...
It is rare for a teacher to be named after the subject he taught. Yet Professor Gupteswar used to be fondly addressed as Torteswar, indicating his authority on the Law of Torts taught in first year of law school.
Gupteswar, who was formerly a professor of Andhra University, Principal of Pendekanti Law College, and a scholar of law, breathed his last fourteen days before his 92nd birthday.
With his in-depth understanding in law of torts, Prof Gupteswar gained reputation as Torteswar. It was challenging for me to teach law of torts as a junior faculty member in 1993-94 at Pendekanti Law College, but I had the benefit of his guidance and advice on several nuances of the subject.
He would have turned 92 this April 11. His family and friends celebrated his life through a zoom conference on 10th. Former Judges of Supreme Court, Justice M Jagannadharao (Former Chairman of Law Commission), Justice J Chalameswar, former Judges of High Court, Justice Nooty Rammohan Rao, Justice K G Sankar, Justice DVSS Somayajulu , Justice BattuDevanand, Dr P S Rao, R Jaganmohan Rao, Vice Chancellors Prof Keshava Rao, National Law University, Ranchi, Prof Surya Prakash, DSNLU Visakha Patnam, former VC of NLSIU Prof R Venkat Rao, Prof Bhavani Prasad Panda (NLU Mumbai) Prof Rajendra Prasad, WIPO Professor S Ramarao, T.V. Subba Rao Prof. R. Venkata Rao Smt C. Prabhavati Dr. Krishnakumari Prof. K.C. Reddy, Madabhushi Sridhar, Prof. T.S.N. Sastry, Prof. Anitha Rao, Prof. V.Rajyalakshmi Prof. Sripada Sumitra, Prof. Hanumaiah Choudhary, Dr. P.B. Vijayakumar, Sri K.V. Ramamurthy Sri Booth Tucker and Sri Y. Nageswararao, spoke about the teacher recollecting the inspiring memories with Gupteswar.
The messages from Vice President Venkayya Naidu and Dr. A. Prasannakumar were read out. Gupteswar's granddaughter, Suguna and other spoke, and his son Rambabu thanked the speakers. Rambabu said that Gupteswar briefly suffered acute weakness caused by old age. We have lost the Guru of many eminent judges, advocates, Vice chancellors and others.
Teachers should be Judges
Gupteswar advocated for eminent teachers to be appointed as judges in the country. As per the Constitution of India, the President can appoint an eminent jurist to the bench of Supreme Court. However, there is no similar provision to appoint a teacher to the High Courts. He wrote several articles on this issue. Prof Gupteswar also opined that teachers should be regarded as public personalities and not as ordinary employees on contract of appointment with educational institutions.
In one of his essays titled 'Law Teachers for the Bench', Prof Gupteswar pointed out that initially Article 217 (3) of the Constitution provided for eminent jurists to be appointed as judge of the Supreme Court. Yet no professor was appointed. During the emergency period, a clause (c) was introduced in Article 217(2) enabling eminent jurists to be appointed to the High Courts as well. Unfortunately, the latter Amendment was deleted in 1979 by the Morarji Desai government. This deprived the services of academicians as judges.
Prof. Gupteswar wrote that although there was scope for elevation of an academician to the High Courts from 3rd January 1977 to 20th June, 1979 no such appointment was made to the High Courts. Article 217(3)(v)(c) therefore remained a dead letter.
Judicial vacancies continue to be filled only by district judges and practicing advocates. So Prof Gupteswar made a representation to the then Union Law Minister, reminding that Professor Mr. Frankfurter was elevated to the American Supreme Court and that he had penned some of the most brilliant judgments.
Former Judge of Supreme Court Justice Jagannadha Rao recalled that he and other senior judges of Andhra Pradesh High Court who attended a seminar in Andhra University felt that it would do a lot of good for the High Court if professors like him could be elevated as judges.
Professor Gupteswar wished to see me as the Judge of Supreme Court one day. A senior Journalist Potturi Venkateswar Rao also wished to see me on the Supreme Court Bench from the stream of academics. Their blessings were so powerful that I got the opportunity to become Central Information Commissioner, which was technically equal to SC Judge until its status was drastically reduced by an amendment in 2019.
He was always thinking, mostly over a ThumsUp and a curry puff. We used to have an hour of scholarly discussion on a topic of legal development almost on a daily basis. This was frequent with Professor Gupteswar Korimilli in his post-retirement assignment at Pendekanti Law College (PLC). As the founder Principal, Prof Gupteswar used to engage in legal discussions with faculty members, especially with me. Prof. Gupteswar, who holds a Post Graduate degree from Stanford University, had a long career inspiring several generations in the classrooms of Andhra University Law College, Visakhapatnam.
Rajiv's Defamation Bill
While shifting from journalism to teaching, I appeared for an interview for the post of Assistant Professor at PLC before a duly constituted selection committee in December 1993 headed by Prof Gupteswar. The questions were pouring on my PhD thesis topic around 'freedom of speech and law of defamation'.
In 1988, the Rajiv Gandhi-led Government brought a new law on defamation creating new offences to curb the press freedom, about which I strongly felt and wrote.
Prof Gupteswar was critical of my reasoning. After the interview, my friends were sceptical of my selection because I had acutely differed with Professor Gupteswar, who chooses his faculty. Yet I received an appointment letter. That is Prof Gupteswar. His scholarly thinking puts him at a high pedestal, and he does not require any Ph.D. to testify it.
Ex CJI Ranganath Misra in PLC
Prof Gupteswar used to invite renowned personalities in the field of law and justice to PLC, making it a centre for various activities involving several legal luminaries. It was a privilege for teachers and students of PLC to interact with these experts. Once he introduced me to Former Chief Justice Ranganath Mishra and asked me to interview him.
While discussing various issues including about prison reforms, Justice Mishra suggested that I visit Pune's Yerwada Jail to understand the effectiveness of reforms. When I wondered if the officials would let me, Mishra immediately took my writing pad, and wrote a letter to Superintendent of Yerwada Jail to allow me inside.
A few months later, I went to Pune without any prior appointment and visited the jail. The officers honoured the letter and allowed not only me, but my wife as well. They spent whole day explaining the reforms to us. My study was published as an article in Pioneer daily. Prof Gupteswar read it and appreciated me.
Granville Austin interacts with PLC teachers
It is still unbelievable, but the internationally famous author of 'Indian Constitution, Corner Stone of a Nation', Granville Austin has addressed a seminar in Pendekanti college. Back then he was still working on his second book 'Working a democratic Constitution- Indian Experience". Austin sat through the seminar and interviewed me, posing several questions on the working of our Constitution. It was a thrilling experience.
Justice Krishna Iyer
Prof Gupteswar brought the legendary judge, Justice V R Krishna Iyer to PLC function as the chief guest in one of the seminars. Besides him, M Jagannadha Rao former Judge of Supreme Court, GVG Krishna Murthy, former Chief Election Commissioner, Professor R Venkat Rao, Prof Pola Koteswar Rao, Eminent Advocate, formerly Mayor, BCI President and Cricket Board chairman,D Subbarao shared their valuable experiences with PLC.
All of them had great respect for Gupteswar's academic excellence. He used to give me the liberty to organize major events like the south-India moot court competition and workshops.
He was tough and fearless. Once, I had a difficult time when I was the invigilator of law examination. The flying squad and I caught a former IAS officer cheating in the examination. Principal Gupteswar stood by me like a pillar of support.
A section of ABVP wanted to remove me from the post of Vice-Principal and they threatened me to resign. I refused; how could I do that? It was my livelihood. They approached Gupteswar demanding my removal but they could not advance any reason. It was nothing but a demand. He did not respond.
In spite of mounting pressure and threats, I did not have to resign. The Principal and management of PLC refused to remove me. I continued as Vice Principal with Prof Gupteswar till I joined NALSAR University.
The elderly scholar led a simple life. Gupteswar used to be a pillion rider on my chetak scooter or Honda bike to go around the city for meetings and restaurants. He used to enjoy delicious idly or crispy dosa in Gayatri Hotel, Himayatnagar and paid for all the meals we had.
His demand for perfection was always unsatiated, so he rarely appreciated any. But he was impressed with my book – Dharmasana Chaitanyam (Judicial activism) and Karmika Chattalu (Labour Acts) which were released by Justice P A Chowdary in 1998. That was beginning of my career as author and columnist on legal matters in Telugu.
Prof Gupteswar once gifted me a table and chair which were once used by Sarvepalli Radhakrishna at Andhra University. I still possess it as a priceless gift.
Essays of Gupteswar
Professor R Venkat Rao, former Vice Chancellor of National Law School of India University edited a book with the articles of Prof Gupteswar recently, titled "Legal Essays of Prof K Gupteswar". It contains 8 of out of his 60 essays which he penned over a span of three decades.
Justice M Jagannadha Rao in his detailed foreword recorded his appreciation about K Gupteswar: "I found that Prof. Gupteswar's intellectual calibre is of a very high order, his capacity toarticulate and explain fundamental principles in any branch of law isunsurpassable, and his knowledge extends to all most all branches,Civil, Criminal, Labour, Contracts, Torts, Intellectual Property andothers and finally to Constitutional law and International Law".
Gupteswar wrote about the early years of Gandhiji, his stay in South Africa where he laid the foundations for a new right of peaceful resistance against bad laws, how on his return to India, Gandhi opposed the Rowlatt Act saying people can commit civil breaches to prevent criminal breaches by the State.
In an essay on Legal Education, Gupteswar wrote: "The problems of law are as wide as the horizon andas profoundly deep as the ocean". He was highly critical about plagiarism in LLM and Ph.D.
Another one of his significant thoughts was that the teachers have statutory status as engaged in public employment even if they are under a contract. He wrote: 'Once the statutory-contractual dilemma is over, there is little scope to doubt the right of the teacher to reinstatement rather than merely a right to damages'.
The law teaching community lost a scholarly professor on March 27. His funeral service was conducted on March 30 at Grissom's Chapel and Mortuary in San Lorenzo CA in United States.
Prof Madabhushi Sridhar Acharyulu, former faculty member and Vice Principal of Pendekanti Law College and former Central Information Commissioner. Presently the Dean, School of Law, Mahindra University, Hyderabad.