Some Reminiscenes of Bar (1)

REMINISCENCES OF THE BAR
Mk.Gandh
remniscences
Some lawyer friends have asked me to give my
not perhaps
of the bar. The number of these is large. But it may
171
REMINSCENCES OF THE BAR
the
be improper to recall some of those which bear upon
practice of truth.
a large
never resorted to untruth in my profession, and
work,
part of my legal practice was in the interest of public
for which I charged nothing beyond out-of-pocket expenses,
and these too I sometimes met myself. As a student I had
But
heard that the lawyer's profession was a liar's profession.
this did not influence me, as I had no intention of earning
put to the
by lying. My principle was
either position or money
test many a time in South Africa. (Often I knew that my
and ifI only encouraged
opponents had tutored their witnesses,
could win the case But
my client or his witnesses to lie, we
always resisted the temptation. In my heatt of heartsI
always
In
wished that I should win only if my client's case was right.
them
recall having made
fixing my tees | do not ever
Whether my client won

conditional on my winning the case.
or lost, I expected nothing more nor less than my fees. I warned
outset that he should not expect me

every new client at the
(with the
to take _up a false case or to coach the witnesses, cases used
no false
result that I built up such a reputation that
clients would keep their
to come to me Indeed some of my
and take the doubtful ones elsewhere.
clean cases for me,
a case before
On one occasion, whilst I was conducting client
a magistrate in Johannesburg, I discovered
that my had
down in the witness
deceived me. I saw him completely break
to dismiss
box. So without any argument I asked the magistrate
counsel was astonished, and the
the case. The opposing
client for bringing a false
magistrate was pleased. I rebuked my
accepted false cases and he
case to me. He knew that I never
admitted his mistake. I also saw that my devotion to truth

enhanced my reputarion amongst the members of the
profes
werare
some
sion and,in spire ofthe handicap of color, was able in
professional work
casesto win eyen their affection. During my
it was also my habit never to conceal my ignorance from my
clients colleagues. Wherever I felt myself at sea, I would

or my
THE GANDHI STORY
172
advise my client to consult some
earned other counsel. This frankness
me the
unbounded affection and trust of my
This served me in
good stead in clients.
My
my public work.
object in practicing in South Africa was service of
the
community. The large-hearted
service my) professional work done forIndians magnified into
money. When I
them to suffer the hardships_of imprisonment for the advised
their rights, many of them cheerfully accepted the sake of
SO
advice, not
much because they had reasoned out the correctness of the
cOurse, as because of their confidence in,and affection tor, me.
As I write this, many reminiscence comes to my mind.
a sweet
Hundreds of clients became friends and real
co-workers in
public service, and their association sweetened a lite that was
otherwise full of difficulties and
dangers.
Rustomji was one who became at once my clhent and
co-worker. This friend once got into very bad
scrape. T hough
a
he kept informed of most of his affairs, he had studiously
me
kept back one thing. He was a large importer of goods from
Bombay and Calcutta, and not infrequently he resorted to
smuggling. But as he was on the best terms with customs
officials, no one was inclined to suspect him. In charging duty,
they used to take his invoices on trust. Some might even have
connived at the smuggling. But to use the telling simile of the
Gujarati poet Akho, theft like quicksilver won't be suppressed,
and Rustomji's proved no exception. The good friend ran post
haste to me, the tears rolling down his cheeks as he said:
"Bhailbrother), I have deceived you. My guilt has been
discovered today. I have smuggled and I am doomed. I must
go to jail and be ruined. You alone may be able to save me
from this predicament. I have kept back nothing else from you,
but I never told you about this smuggling. But now, how I
repent it!"
I calmed him and said: "To save or not to save you is in
His hands. As to me, you know my way. I can but try to save
you by means of confession."
REMINISCENCES OF THE BAR 173
The good Parsi felt deeply mortified.
"But is not my
contession betore you enough?" he asked.
"You have wronged not me but
Government. How will
the confession madee before me
avail you?" I replied gently.
"Of course I will do just as advise."
you
Isaid to him: "It rests with the Customs Officer to
prosecute you or to let you go, and he in turn will have to be
guided by the Attorney
General. I am prepared to meet both.
I propose that you should offer to pay the penalty they fix,
and the odds are that
they will be agreeable. But if are they
not, you must be prepared to go to jail.
that I am of opinion
theshame lies not so much in going to jail as in
the offence. The deed of shame has already been committing
done.
Imprisonment you should regard as a penance. The real
penance lies in resolving never to smuggle
again."
I cannot say that Rustomji took all this quite well. He
was a brave
man, but his courage failed him for the moment.
His name and fame were at
stake, and where would he be it
the edifice he had reared with such care and
labor should go
to pieces? "Well, I have told
you," he said, "that I am entirely
in your hands. You may do
just as you like."
I brought to bear on this case all
my powers of persuasion.
I met the Customs Officer and
fearlessly apprised him of the
whole affair. I also promised to place all the books at his
disposal
and told him how penitent Rustomji was
feeling.
The Customs Officer said: "I like the old Parsi. I am
sorry
he has made a fool of himself. You know where
my duty lies.
I must be guided by the
Attorney General and so I would
advise you to use all your with him."
persuasion
I entered into
correspondence with the Attorney General
and also him. I am glad to say that he
met
appreciated my
complete frankness and was convinced that I had kept back
nothing. The case against Rustomji was compromised. He was
to pay penalty equal to twice the amount he had confessed
a
to having smuggled. Rustomji reduced to writing the facts of
174
THE GANDHI STORY
in his
the whole case, got the paper framed and hung it up
oftice to serve as a perpetual reminder to his heirs
and fellow
merchants.

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REMINISCENCES OF THE BAR

Whether my client won

or lost, I expected nothing more nor less than my fees. I warned

outset that he should not expect me

admitted his mistake. I also saw that my devotion to truth

clients colleagues. Wherever I felt myself at sea, I would

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