Family and friends share memories of Anil Divan, who passed away in 2017. We hear from his wife Smita Divan about their courtship and marriage, their years in Bombay, and Divan’s shift to Delhi in the 1970s. We hear from his youngest son Vivek Divan, his long-time junior Ranvir Singh, and his other colleagues including sitting and former judges such as Justice Sanjay Karol, Justice S Vazifdar and Justice Sujata Manohar. A portrait of Divan emerges: upright, staunchly principled, apolitical and unshakeable. We hear about the man behind the gown, his beliefs and values, his approach to the law and his clients, and what made him a Friend of the Court.  Transcript: https://www.anildivanfoundation.org/episode9  Credits Host: Rajiv Chandran Research Manager: Ramya Boddupalli Research: Bhavya Dore, Mae Mariyam Thomas, Ramya Boddupalli Script writing: Bhavya Dore, Ramya Boddupalli Advisors: Gouri Divan, Ranvir Singh, Shyam Divan, Smita Divan and Vivek Divan  Guests: Aruna Roy, Ranvir Singh, Nikhil De, Justice Sanjay Karol, Justice Shiavax Vazifdar, Justice Sujata Manohar, Smita Divan and Vivek Divan Head of Production: Shaun Fanthome Creative Director: Mae Mariyam Thomas  Production Assistant: Sakshi Nair Sound Design & Mix: Kartik Kulkarni Sound Editor & Music Supervisor: Lakshman Parsuram  Graphic Designer: Sephin Alexander

Friend of the Court

Anil Divan: in the words of friends and family

The Narendra Modi-led NDA comes to power in 2014 and immediately sets its sights on judicial reforms. A new NJAC act is passed in Parliament. A constitutional amendment paving the way for the Act is also passed. Troubled lawyers move the courts opposing the new laws, objecting to the role of the executive that the Act outlines. A vacation bench hears the matter in the summer of 2015. The fate of judicial independence hangs in the balance. Eminent lawyers appear on both sides arguing for and against the new appointments system. In October 2015, the court announced its  verdict.  Reference A list of archival resources used to research this episode can be found here.  News clip of Justice Khehar- https://www.youtube.com/watch?v=tB1WbaeGUuA Sounds of Parliamentary uproar, followed by anchor’s summing up-  https://www.youtube.com/watch?v=xcbJL1JjaK0  News clip of Ex- Attorney General Mukul Rohatgi- https://www.youtube.com/watch?v=rTPtkWKE6D0%20(4.07%20to%204.10)  News clip of RS Prasad- https://www.youtube.com/watch?v=3kcAxADbRkg  News clip of Falil Nariman- https://www.youtube.com/watch?v=yaBugNBMJmY  SC refers plea against NJAC act to 5 judges bench- https://youtu.be/raT5idVxla0  News clip of Supreme court striking down NJAC- https://www.youtube.com/watch?v=qd6lYHjIiG8  News clip of Arun Jaitley on NJAC judgement- https://www.youtube.com/watch?v=qprmv0GG8XM  Anil Divan’s interview with Sansa TV- https://www.youtube.com/watch?v=UoijW0GLWEE  CJI lashes out at government for stalling appointment of HC judges- https://timesofindia.indiatimes.com/india/cji-lashes-out-at-government-for-stalling-appointment-of-hc-judges/articleshow/53678287.cms    Transcript: https://www.anildivanfoundation.org/episode8  Credits: Host:  Raghu Karnad Guests: Abhinav Chandrachud, Anindita Pujari, Dushyant Dave, Prashant Kumar, Santosh Paul, Utkarsh Anand Research Manager:  Ramya Boddupalli Legal Researcher: Vipinn Mittaal Scriptwriter: Ramya Boddupalli  Script editor: Bhavya Dore Fact checker: Vipinn Mittaal Advisors: Lawrence Liang, Ranvir Singh, Shyam Divan and Vivek Divan Head of Production: Shaun Fanthome Creative Director: Mae Mariyam Thomas  Production Assistant: Sakshi Nair Sound Design & Mix: Kartik Kulkarni Sound Editor & Music Supervisor: Lakshman Parsuram  Graphic Designer: Sephin Alexander

NJAC Part 3

The first major judgement concerning judicial appointments, known as the First Judges case is pronounced. The judgement says that the executive has an upper hand in making appointments. This question is reopened a few years later, in what becomes known as the Second Judges case. A new system is born, in which judges appoint judges. They have the upper hand in making appointments. It is called the “collegium” system and only requires a formal nod from the government. This system has its own flaws. Several governments try to reform this system in the years to come.  Reference A list of archival resources used to research this episode can be found here.  News clip of Indira Gandhi’s campaign trail- https://www.youtube.com/watch?v=0xq6cBB6wu8  Justice V Ramaswamy Impeachment case-  https://www.youtube.com/watch?v=LyzAV6AD9w0  Justice Bhagwati on Judicial corruption and appointment of judges- https://www.youtube.com/watch?v=xFOPVABSjnk  Republic day parade 26th January 2000- https://www.youtube.com/watch?v=6p75IT4_8xg  Saviour of Karunanidhi- https://www.telegraphindia.com/india/saviour-of-karunanidhi/cid/162710  News clip of Shri Arun Jaitley in Rajya Sabha- https://www.youtube.com/watch?v=LTzmM6iOtRc  News clips of Katju’s allegation- https://www.youtube.com/watch?v=LLKI_0phBw8) and https://www.youtube.com/watch?v=_qqmweSMWbQ   Transcript: https://www.anildivanfoundation.org/episode7  Credits Host:  Raghu Karnad Guests: Abhinav Chandrachud, Alok Prasanna Kumar, Dushyant Dave, Kailash Vasdev, Kamini Jaiswal, Kapil Sibal, Krishan Mahajan, Prashant Kumar, Santosh Paul Research Manager:  Ramya Boddupalli Legal Researcher: Vipinn Mittaal Scriptwriter: Ramya Boddupalli  Script editor: Bhavya Dore Fact checker: Vipinn Mittaal Advisors: Lawrence Liang, Ranvir Singh, Shyam Divan and Vivek Divan Head of Production: Shaun Fanthome Creative Director: Mae Mariyam Thomas  Production Assistant: Sakshi Nair Sound Design & Mix: Kartik Kulkarni Sound Editor & Music Supervisor: Lakshman Parsuram  Graphic Designer: Sephin Alexander

NJAC Part 2

The Constitution spells out the procedure for appointing judges as a consultative process between the government and the judiciary. In the early years of independence, conventions evolve to give the judiciary the upper hand, which the government accepts. But not all is well between the government and the courts. Right from the Nehru years, the government’s social reform agenda puts it on a collision course with the courts. Constitutional amendments are proving to be contentious. And one question dominates  the debate: Can Parliament amend the Constitution however it likes? The Supreme Court answers this question several times over before settling it once and for all in the Kesavananda Bharati case. The case goes on to form the bedrock of constitutional interpretation and later play a key role in the NJAC case. The outcome angers Prime Minister Indira Gandhi, who starts actively meddling in judicial appointments. Reference A list of archival resources used to research this episode can be found here.  News clip of Modi’s swearing in - https://youtu.be/ipL4jLrEKUE  News clip of parliament passing NJAC - https://youtu.be/7H3L0ZmhWjc  News clip of Indira Gandhi winning 1967 election - https://www.youtube.com/watch?v=oKk4vKbf5Ak  News clip of Indira Gandhi on campaign trail- https://www.youtube.com/watch?v=YfK3Bun13r4  News clip of President announcing Emergency- https://youtu.be/QnxXBivNRIM  Atal Bihari Vajpayee’s victory rally speech- https://www.youtube.com/watch?v=nsJ_dRRvsBI    Transcript: https://www.anildivanfoundation.org/episode6  Credits: Host:  Raghu Karnad Guests: Abhinav Chandrachud, Alok Prasanna Kumar, Dushyant Dave Research Manager:  Ramya Boddupalli Legal Researcher: Vipinn Mittaal Scriptwriter: Ramya Boddupalli  Script editor: Bhavya Dore Fact checker: Vipinn Mittaal Advisors: Lawrence Liang, Ranvir Singh, Shyam Divan and Vivek Divan Head of Production: Shaun Fanthome Creative Director: Mae Mariyam Thomas  Production Assistant: Sakshi Nair Sound Design & Mix: Kartik Kulkarni Sound Editor & Music Supervisor: Lakshman Parsuram  Graphic Designer: Sephin Alexander  

NJAC Part 1

For years the central government delays setting up a tribunal to resolve the water-sharing dispute between Karnataka and Tamil Nadu. Meanwhile, bad monsoons exacerbate issues for farmers on both sides. In 1990, the Supreme Court finally directs the centre to set up a tribunal, a quasi-judicial body to deal with the dispute. Both sides lay their claims before the tribunal and marshall expert witnesses to support their respective cases. Can a tribunal bring about a satisfactory resolution for everyone? And if the Constitution forbids such a matter from reaching the Supreme Court, what options do the states have left? Reference A list of archival resources used to research this episode can be found here: Rajinikanth commenting on the dispute: https://www.youtube.com/watch?v=neuHq6Vz2UA  NDTV clip: https://www.ndtv.com/video/news/news/cauvery-verdict-karnataka-simmers-in-anger-11302  Lok Sabha: http://loksabhaph.nic.in/Debates/result14.aspx?dbsl=7358  ABP news clip: https://youtu.be/XyZuziQJTlQ  Describing the 2018 judgement and the water sharing arrangement:: https://www.ndtv.com/video/news/news/in-big-cauvery-verdict-tamil-nadu-s-water-share-cut-karnataka-gets-more-478982  Kamal Haasan’s clip: https://www.youtube.com/watch?v=umw-cz6iAc0  The transcript and full list of resources are available here:  https://anildivanfoundation.org/episode5  Credits: Host:  Raghu Karnad Guest: AK Ganguli, AS Panneerselvam, KK Lahiri, Mohan Katarki, Sharad Javali, Srinivas Chokkakula, Sugata Srinivasaraju,  Research Manager:  Ramya Boddupalli Legal Researcher: Vipinn Mittaal Scriptwriter: Ramya Boddupalli  Script editor: Bhavya Dore Fact checker: Vipinn Mittaal Advisors: Lawrence Liang, Ranvir Singh, Shyam Divan and Vivek Divan Head of Production: Shaun Fanthome Creative Director: Mae Mariyam Thomas  Production Assistant: Sakshi Nair Sound Design & Mix: Kartik Kulkarni Sound Editor & Music Supervisor: Lakshman Parsuram  Graphic Designer: Sephin Alexander

Cauvery River Water Dispute Part 2

The Cauvery river, which flows through the Southern peninsula has long been the site of disagreements and negotiations. The dispute initially takes off in the 1800s when the princely state of Mysore and Presidency of Madras both lay claim to the river. With new dam building technologies, each side tries to best harness the waters to their ends. Eventually the two sides reach agreements—first in 1892 and later in 1924. The 1924 agreement seems to give one side the upper hand. After Independence, the end of the agreement approaches in 1974, the dispute starts to flare up again. Enmeshed as it is in linguistic identity politics, livelihood issues and electoral politics, the dispute continues to catch fire through the decades.  References Nehru’s speech: https://www.youtube.com/watch?v=lrEkYscgbqE&t=46s  Social dramas- https://en.wikipedia.org/wiki/Bangaarada_Manushya and  https://www.youtube.com/watch?v=OJU-4_Yh5QA  Sir Mokshagundam Visvesvaraya Documentary- https://www.youtube.com/watch?v=Uyhp7uu7o6c  Aagadu endu song- https://www.youtube.com/watch?v=LfBEZjYRmyI  NDTV clip of Veerappan- https://www.ndtv.com/video/special/news/veerappan-strikes-again-284478  Ramchandra Guha on reorganising of Indian States- https://www.facebook.com/IndiaToday/videos/ramchandra-guha-on-reorganisation-of-indian-states-in-1956/10156171971197119/  Kallanai Dam- https://en.wikipedia.org/wiki/Kallanai_Dam  Inaugration of Bhakra Nangal- https://drive.google.com/file/d/1nonRyIAIQLRhBXWAPZMmqIbvI9hZZqX8/view?usp=sharing Article 262- https://indiankanoon.org/doc/1558821/   Parilament sound design- https://www.youtube.com/watch?v=vBnYFAOliIY  State assembly passed a resolution in 1971- https://assembly.tn.gov.in/archive/5th_1971/05_02.pdf  News clip of Indira Gandhi on Water Dispute- https://www.youtube.com/watch?v=h-0tDMfCJt4  Audio clips of headlines in the later year covering the violence- https://www.google.com/url?q=https://www.dailymotion.com/video/x5rc3pe&sa=D&source=docs&ust=1655884445467569&usg=AOvVaw1FTzl4SvDhEf4N5geQCuOs  The transcript and full list of resources are available here: http://anildivanfoundation.org/episode4  Credits: Host:  Raghu Karnad Guest: AS Panneerselvam, KK Lahiri, Sharad Javali, Sugata Srinivasaraju Research Manager:  Ramya Boddupalli Legal Researcher: Vipinn Mittaal Scriptwriter: Ramya Boddupalli  Script editor: Bhavya Dore Fact checker: Vipinn Mittaal Advisors: Lawrence Liang, Ranvir Singh, Shyam Divan and Vivek Divan Head of Production: Shaun Fanthome Creative Director: Mae Mariyam Thomas  Production Assistant: Sakshi Nair Sound Design & Mix: Kartik Kulkarni Sound Editor & Music Supervisor: Lakshman Parsuram  Graphic Designer: Sephin Alexander

Cauvery River Water Dispute Part 1

The 1996 elections loom, and a beleaguered Congress party struggles to win back power. In the meantime, the Hawala PIL is clubbed with other similar anti-corruption petitions in the Supreme court. In the lower court, LK Advani and other prominent figures, find themselves facing a trial in the Hawala corruption-related cases. As action builds inside and outside the courts, an anti-corruption campaigner switches teams. And amicus curiae Anil Divan makes a shocking discovery that will upend the course of the litigations and bring new documents to light. Ultimately, what will come of all the legal proceedings? And what will be the legacy of the Jain Hawala PIL?  References A list of archival resources used to research this episode can be found here: Excerpt from Justice JS Verma’s interview on the Doordarshan show - “In Conversations with Rajiv Mehrotra”  Excerpt about Jharkhand Mukti Morcha’s involvement in the cash for votes scam from Lallantop report Clip of Atal Bihari Vajpayee’s press conference sourced from WildfilmsIndia  Clip of HK Dua commenting on 1996 elections from Associated Press Archive  Clip of Fodder Scam investigation sourced from WildFilmsIndia Excerpt from Justice JS Verma interview to NDTV show “Walk the Talk” Congress party wiped out - https://www.washingtonpost.com/archive/politics/1996/05/10/indias-congress-party-concedes-historic-defeat/d54d5d38-5617-49b2-95ce-72658798b75f/  Archive: https://documents.legalarchive.in/static/timeline/#Jain%20Hawala%20Case/AQU Transcript: https://www.anildivanfoundation.org/episode3  Credits: Host:  Raghu Karnad Guest: Ashok Kumar Panda, Kamini Jaiswal, Prashant Bhushan, Shantonu Sen Research Manager:  Ramya Boddupalli Legal Researcher: Vipinn Mittaal and Uday Vir Garg Scriptwriter: Ramya Boddupalli  Script editor: Bhavya Dore Fact checker: Vipinn Mittaal Advisors: Lawrence Liang, Ranvir Singh,  Shyam Divan and Vivek Divan Head of Production: Shaun Fanthome Creative Director: Mae Mariyam Thomas  Production Assistant: Sakshi Nair Sound Design & Mix: Kartik Kulkarni Sound Editor & Music Supervisor: Lakshman Parsuram  Graphic Designer: Sephin Alexander

Jain Hawala Diaries Part 3

The CBI’s investigation into the mysterious set of diaries has stalled, despite evidence of widespread corruption among top politicians and bureaucrats. Public-spirited citizens decide it is time to act. Journalist Vineet Narain picks up the story again and makes it a national issue through his video platform. Senior lawyer Ram Jethmalani joins the crusade. Anil Divan, a formidable lawyer is approached to take on the public interest litigation, a first-of-its-kind corruption petition. The petitioners want the court to push the CBI to investigate, given the evidence it has. Divan is sceptical about the outcome, but comes on board. The first phase of the litigation plays out.  References A list of archival resources used to research this episode can be found here: Excerpts from Vineet Narain’s Kalchakra report Clip from Anil Divan’s interview with Bloomberg TV Excerpts from Justice JS Verma’s interview on the Doordarshan show “Mindscapes: Conversations with Rajiv Mehrotra” News clip about Lalu Prasad Yadav’s resignation sourced from WildFilmsIndia YouTube channel News clip of LK Advani’s press conference from Associated Press Archive Indian Corruption Scandal ScIndia   Archive: https://documents.legalarchive.in/static/timeline/#Jain%20Hawala%20Case/AQU Transcript: https://www.anildivanfoundation.org/episode2  Credits: Host:  Raghu Karnad Guests: Abani Sahu, Ashok Kumar Panda, Kamini Jaiswal, Justice Mukul Mudgal, Prashant Bhushan, Sanjay Kapoor, Shantonu Sen  Research Manager:  Ramya Boddupalli Legal Researcher: Vipinn Mittaal and Uday Vir Garg Scriptwriter: Ramya Boddupalli  Script editor: Bhavya Dore Fact checker: Vipinn Mittaal Advisors: Lawrence Liang, Ranvir Singh, Shyam Divan and Vivek Divan Head of Production: Shaun Fanthome Creative Director: Mae Mariyam Thomas  Production Assistant: Sakshi Nair Sound Design & Mix: Kartik Kulkarni Sound Editor & Music Supervisor: Lakshman Parusuam Graphic Designer: Sephin Alexander

Jain Hawala Diaries Part 2

It’s 1991. Rajiv Gandhi has been assassinated and PV Narasimha Rao has just been sworn in. Militancy is on the rise in Kashmir. The CBI discovers a mysterious set of diaries while investigating terror financing networks. The trail leads to the Jains, a powerful business family that in turn points to Rs 65 crore being paid to various prominent figures, including politicians and bureaucrats. The tabloid paper Blitz gets the scoop, splashing it on the front page. But the matter quickly dies down. How does the black economy work? What is the hawala system? Why is this scandal being hushed up? References:A list of archival resources used to research this episode can be found here: News clip about Rajiv Gandhi’s assasination: https://youtu.be/3QVODgQQfCs News clip of PV Narasimha Rao’s swearing in ceremony: https://youtu.be/yLuL1lhPwNM News clip of Ram Mandir chants : https://youtu.be/1QBK_FPYA9c Excerpts of Devi Lal, Sharad Yadav, Ram Jethmalani and Vineet Narain from original Kalchakra report: https://www.youtube.com/watch?v=Da9rNEWy0wc&t=4s Doordarshan News clip - https://www.youtube.com/watch?v=vT8BLJujVvU  Reporting from Kashmir -   https://www.youtube.com/watch?v=vb34Ap2muJI&t=401s  Sucheta Dalal interview with Harshad Mehta scam 1992 - https://www.youtube.com/watch?v=gDWuKIhPPug&t=207s  Transcript: https://www.anildivanfoundation.org/episode1 Archive - https://documents.legalarchive.in/static/timeline/#Jain%20Hawala%20Case/AQU Credits:  Host:  Raghu Karnad Guest: Arun Kumar, Sanjay Kapoor, Shantonu Sen, Vineet Narrain Research Manager:  Ramya Boddupalli Legal Researcher: Vipinn Mittaal Scriptwriter: Ramya Boddupalli  Script editor: Bhavya Dore Fact checker: Vipinn Mittaal Advisors: Lawrence Liang, Ranvir Singh, Shyam Divan and Vivek Divan Head of Production: Shaun Fanthome Creative Director: Mae Mariyam Thomas  Producer: Abbas Momin Producer/Sound Editor: Joshua Thomas Production Assistant: Sakshi Nair Sound Design & Mix: Kartik Kulkarni Graphic Designer: Sephin Alexander

Jain Hawala Diaries Part 1

Anil Divan was a senior advocate, constitutional expert and champion of public-spirited causes. With more than six decades at the bar, Divan was among India’s most respected legal minds. In Season 1 we will look at three of his most significant cases: the Jain Hawala PIL, the Cauvery River Water Dispute and the National Judicial Appointments Commission cases.   Transcript: https://www.anildivanfoundation.org/prologue Credits:  Host:  Raghu Karnad Research Manager:  Ramya Boddupalli Legal Researcher: Vipinn Mittaal Scriptwriter: Ramya Boddupalli  Script editor: Bhavya Dore Fact checker: Vipinn Mittaal Advisors: Lawrence Liang, Ranvir Singh, Shyam Divan and Vivek Divan Head of Production: Shaun Fanthome Creative Director: Mae Mariyam Thomas  Producer: Abbas Momin Producer/Sound Editor: Joshua Thomas Production Assistant: Sakshi Nair Sound Design & Mix: Kartik Kulkarni Graphic Designer: Sephin Alexander

Prologue

Friend of the Court is a podcast series that explores groundbreaking constitutional cases in India’s judicial history against their political and social contexts.  In the first season, we are diving into some of the most pivotal cases in Anil Divan's career, which spanned over six decades beginning in the 1950s till his demise in 2017. He was a part of many crucial legal battles, and watershed moments that shaped Indian history. The cases we are exploring are the Jain Hawala Diaries Case, the Cauvery River Water Dispute and the National Judicial Appointments Commission Case. We are taking you through a wealth of primary documents and notes on cases from Divan’s files, along with research and interviews with lawyers, petitioners and journalists involved in the cases both inside and outside the courts.  This is part of a legal history project undertaken by the School of Law, Governance and Citizenship in Ambedkar University Delhi in partnership with the Anil Divan Foundation.  

hubhopper

Friend of the Court

hubhopper