'Lawyers As Actors, Judges As Directors': Justice Hrishikesh Roy's Theatrical Analogy And Tribute To The Legal Profession

"Lawyers' is the only profession where people are impressed by their ability to turn a simple yes-or-no question into a three-hour debate." said Justice Hrishikesh Roy, Judge, Supreme Court at the Lawyers' of India Day 2024 Award Ceremony organized by the Bar Association of India on 3rd December.

Justice Roy delivered an intriguing address comparing lawyers and the courtroom setup to a theatre. Celebrating the role of advocates in justice system, he drew a unique analogy between the two worlds.

He began with the words of Thomas Jefferson, “it is the trade of lawyers to question everything, yield nothing, and talk by the hour”.

He said that while advocating a cause in a courtroom, like a total theatre personality, the lawyer becomes the script writer and the lead actor, thinking and strategizing constantly to communicate to the court in the most effective way. His manner and modulation to be both persuasive and respectful. There would certainly be dramatical pauses and the occasional theatrical gestures leaving the judges wandering how long before the lawyer will wrap up his 'brief submissions'.

One can visualize the courtroom as the performing space for lawyers where Legends like Nani Palkhivala, Ram Jethmalani, Fali Nariman, Anil Diwan and so many others thrived and excelled.

Talking about skilful performances of lawyers in court, Justice Roy remarked that each lawyer makes his submissions in his own style, presenting his rehearsed lines imploringly and reassuringly. “And the better lawyers do so with perfect diction and consummate ease. In court battles, much like a game of fencing, lawyers thrust and parry while dealing with the other side—not to disable or maim them, but to score brownie points with the judges.” he said.

Justice Roy continued, emphasizing that lawyers are, in essence, great playwrights who take immense pride in their choice of words and expressions while making submissions before the court. Highlighting this creative flair, he recounted an instance involving the legendary Ram Jethmalani. On one occasion, Jethmalani had disdainfully remarked that accepting a contrary interpretation would "do great violence to the English language".

In his captivating speech, Justice Roy further talked about theatrical elements in a court room. He said, “In a courtroom performance of the arguing counsel, like in theatre, we have the assisting lawyers acting as prompters occasionally. We also have in the shape of an amicus, a vishushak like character who is the only medium between the key characters in the case, the storyline and the audience. Then we have the court masters who by announcing out loud the item number pull up the court screen for the proceedings to begin. Also in display are the light technicians who focus on the particular passage of the cited judgment on to the judges monitor. We must also not forget the spot boys amongst the court's crew who scurry back and forth carrying books and files into the court rooms.”

The one aspect that remained was - in all the theatrics, where do the judges figure? Justice Roy hilariously said, “If you want to be a bit charitable to the judge, you can describe him as a master of the ceremony or as the play's director. They can also be referred to as the umpire in a game ensuring a level playing field to secure a just outcome. Those who have a lesser opinion of the judge's role may just call him the person who pulls down the curtain in a case in course of the proceedings. And may also pull down a counsel or two”.

Interestingly, Justice Roy also cited examples of luminaries like Jethmalani, Palkhivala and Daphtary, praising their mastery of language and courtroom strategy and describing their arguments as 'terms of art'.

Justice Roy narrated an amusing anecdote from his legal experiences, recounting a moment when renowned lawyer C.K. Daphtary, appeared before a High Court, opposing the legendary Fali Nariman. After Nariman had finished his arguments, Daphtary rose to reply. True to his showman persona, Daphtary began by coughing and spluttering dramatically before exclaiming, "My learned friend!" He cleared his throat again and repeated, "My learned friend!" before doing so once more.

The presiding judge, with concern, suggested, "Mr. Daphtary, why don't you sit down and take a sip of water?" Seizing this opportunity, Daphtary swiftly replied, "No, no, My Lord, nothing wrong with my throat; it is my learned friend's arguments that I simply can't swallow!" This witty reply left the courtroom in laughter and underscored his flair for theatricality in his legal performances.

Justice Roy shared another incident of Mr. Daphtary wit and humor. In 1972, when Nani Palkiwala was arguing before the full court of 13 judges of the Supreme Court, mid-way he grumbled to Daphtary – that he could barely get to explain a legal proposition without being interrupted by one judge or the other. Daphtary being the good brother assured Nani that he would do something to prevent the judges interruption in the next day's hearing. After the weekend rolled by and hearing commenced, there was a magical transformation. The judges listened to Palkhivala without interruption and he made rapid progress with his arguments. The reason for the judges' changed approach was that the previous Friday evening Daphtary had sought an appointment with the then Chief Justice S.M. Sikri. After pleasantries were exchanged, he complemented Sikri that the hearing conducted by them had attracted attention from far and wide. In fact a little girl had come to see the proceedings with her father, he said and had asked, "Who is that young man who repeatedly interrupts the 13 well-dressed gentlemen?" CJI Sikri got the subtle message and conveyed the impression to his bench mates which is why Palhiwala was allowed to proceed without any disturbance. Justice Roy said in jest then said, “This was Daphtary 's personal contribution to the emergence of the Basic structure doctrine in Indian jurisprudence.”

Talking further about Mr. Fariman, Justice Roy quoted him when he said, “lawyers in India never retire- they simply drop dead and proved it himself.” Nariman had completed his written submission in a constitutional bench matter case late at night before deciding to call on the creator. “His performance in court until his last breath must rank amongst the thespians of the legal profession” he said.