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Ashok H.Desai
Ashok H. Desai, a famous Indian lawyer.

Ashok H. Desai (born 18 December 1932 – died 13 April 2020) was a very important Indian lawyer. He worked in the Supreme Court of India, which is the highest court in India. He was the Attorney General of India from 1996 to 1998. This is like the chief legal advisor to the government. Before that, he was the Solicitor General of India from 1989 to 1990. This role is also a top legal position, helping the Attorney General.

Mr. Desai received the Padma Bhushan award in 2001. This is one of India's highest civilian awards, given for great service to the nation. He also got the Law Luminary Award in the same year. In 2009, a university gave him an honorary doctorate. This was to recognize his big contributions to law.

Ashok H. Desai's Early Life and Education

Ashok H. Desai finished his school studies in Bombay (now Mumbai). He then went to Fergusson College in Pune. After that, he studied law at the Government Law College, Bombay. He earned his law degree in 1952.

Later, he went to the London School of Economics in London, England. In 1955, he was one of the first students from Great Britain to visit China for a study trip. In 1956, he got a degree in economics from London University. In the same year, he became a barrister at Lincoln's Inn in London. This meant he was qualified to argue cases in court. He also attended the Harvard International Seminar in 1967.

Ashok H. Desai's Legal Career

Mr. Desai started his law practice in the Bombay High Court in 1956. He became a Senior Advocate in 1977. This title is given to experienced lawyers who have shown great skill. As a lawyer, he handled many important cases. These cases often involved making sure public officials were responsible. They also focused on making government actions clear and open.

Important Cases in Bombay High Court

Here are some of the interesting cases he worked on:

  • Sakharam Binder: This case was about a play that the police tried to stop. They said it was not appropriate. Mr. Desai argued that people should be free to express themselves. The court agreed and said the police could not stop the play. This case helped protect freedom of speech.
  • Piloo Modi: This case was about how government land was given out. The court decided that government land must be used for the public good. It also said that land should be sold at a fair price. This case helped make sure government dealings were honest.
  • Antulay: This case involved a Chief Minister who gave out cement to builders. These builders had given money to a charity linked to the Chief Minister. The court found that this was wrong. It showed that even top leaders must be accountable for their actions. The Chief Minister had to leave his job.

Mr. Desai also worked as a legal writer for the Times of India newspaper from 1963 to 1969. He taught law at Law College, Bombay, starting in 1964. He also lectured at the Bombay College of Journalism from 1967 to 1972.

Moving to New Delhi and Top Legal Roles

In 1989, Mr. Desai moved from Bombay to New Delhi. He was appointed Solicitor General of India by the Prime Minister at that time, V.P. Singh. He worked in this role until December 1990. After resigning, he continued his law practice in Delhi.

On 9 July 1996, he was appointed Attorney General of India by Prime Minister H.D. Devegowda. He continued in this important role under Prime Minister I.K. Gujral. He resigned on 6 May 1998.

Key Cases in the Supreme Court

Mr. Desai argued many significant cases in the Supreme Court:

  • Ramanna Shetty: This case was about how the government should act fairly. It involved a food stall tender at an airport. The court said that the government must always be fair and not act randomly. This case helped make sure the government treats everyone equally.
  • Narasimha Rao: This case was about whether Members of Parliament (MPs) could be bribed. The court said that MPs are public servants. It also said that they should not be immune from laws against corruption. However, the court also said it could not question why an MP voted a certain way.
  • Vineet Narain: This case looked at how courts can oversee investigations against political leaders. The court gave detailed rules for how investigation agencies should work. It also created the idea of "continuing mandamus." This means a court can keep checking to make sure its orders are followed.
  • Narmada Dam: This case dealt with people affected by the building of a large dam. The court allowed the dam to be built in stages. But it also made sure that people who lost their homes were properly helped and moved.
  • Amrendra Singh: This case was about the power of Parliament to remove a member. The court said that Parliament can remove a member for bad conduct. But this power should not be used for actions that have nothing to do with their work as a lawmaker.
  • Nandini Sunder: This case focused on tribal people caught between extremist groups and state-supported vigilantes. The court ordered investigations and provided relief. It also said that giving young, less educated tribal youth weapons for fighting was against their rights.

Mr. Desai was also involved in international legal work. He was the Chairman of the Committee on Administrative Law of the International Bar Association from 1986 to 1988. He also advised on administrative law in Zambia in 1990. In 1997, he presented India's report to the United Nations Committee on Human Rights in Geneva. He also represented India in a patent case at the World Trade Organization (WTO) in 1997. In 1998, he led India's team to the United Nations meeting on a Money Laundering Bill in Vienna.

He was the Vice President of the Bar Association of India. He was also the President of the Inns of Court (India) Society.

Death

Ashok H. Desai passed away on 13 April 2020. Many newspapers and media outlets wrote tributes about him.

Awards

  • Golden Anniversary Rotary Prize, University of London (1956)
  • National Law Day award (2000)
  • Padma Bhushan (2001)
  • Capital Foundation National Awards (2014)
  • Supreme Court of India award for his contribution to Constitutional Law (2016)
  • Lawyers of India Day Award for his outstanding contribution to the legal profession (2016)
  • "Lifetime Achievement Award" in Legal Era Awards (2018–19)

Interviews, Speeches, and Lectures

  • Law Day Speech 1996; (1997) 2 SCC ( Jour) 10.
  • 10th Prem Bhatia Memorial Lecture on Dangers to Indian Democracy (2005)
  • Interview on "The Constitution is evolving Constantly"; Halsbury Law Monthly, Oct 2008
  • Interview by meLAWnge, Annual Magazine 2013-2014
  • Justice K. T. Desai Memorial Lecture on "Judicial Overreach: A critique", 2013
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