The Long List of Checks a CJI Put in Place When His Children Began Practising Law

The following is an excerpt from The Fearless Judge, a biography of former CJI Justice A.M. Ahmadi by his granddaughter.

While Justice Ahmadi was busy shaping constitutional jurisprudence, his two children were only just embarking on their own professional journeys.

Both of them had chosen careers in the law, young and eager to build their practices. In the very beginning, a family meeting was held between the adults to establish procedures and practices that would ensure no fingers could be pointed at either Justice Ahmadi or their children. A collective decision was arrived at. Both Tasneem and Huzefa, recognizing the sensitivity of the moment, agreed on a voluntary, self-imposed restriction – to refrain from practising law in the Supreme Court entirely, for as long as their father held the position of a judge. This decision was not made lightly; it came with profound implications for their careers and professional growth. Yet, it was a sacrifice they were willing to make for the sake of their father’s legacy and the sanctity of the Supreme Court – an ideal they all held dear.

In Justice Ahmadi’s view, this was the right thing for them to do. He writes, Legally there was no restriction on their practice (in the same court) but morally it seems awkward and creates a wrong impression in the minds of the litigants. People’s trust in the institution of judiciary is necessary for a healthy judicial system based on the Rule of Law. I personally believe that the judges should not allow their children to practice in the courts where they are posted. It gives people an opportunity to tarnish their image. After their retirement, their sons and daughters can certainly practice in those courts. This system would be better to strengthen the institution of judiciary.

A stringent protocol was established in the offices of Justice Ahmadi. Every brief that was offered to either Tasneem or Huzefa would require a check with Justice Ahmadi’s secretaries to ensure there were no possible conflict of interest. If a potential client had another (even if unrelated) case before Justice Ahmadi in the Supreme Court, it was an automatic disqualification. This protocol would remain in place for many years, even after Ahmadi’s retirement when he immersed himself in arbitrations. It was instituted to ensure that neither Tasneem nor Huzefa inadvertently accepted briefs from clients involved in arbitrations before Justice Ahmadi. These precautions, as it turns out, were not unwarranted. During Ahmadi’s tenure in the Supreme Court, both his children would encounter numerous attempts to influence them or persuade them to take up a case that would serve to embarrass their father. The vigilance against such dubious characters was, therefore, necessary.

Despite these stringent protocols and restrictions, the young and unassuming Tasneem and Huzefa found themselves being ruthlessly attacked. At the threshold of their careers and still naïve, they had not anticipated being turned into unwitting targets in a larger game, a means to reach their father. 

A bewildered young Tasneem and Huzefa were, suddenly and without warning, catapulted into the unforgiving spotlight of media attention. Allegations swirled, claiming that Ahmadi was misusing his position, wielding his influence to advance his children’s careers and that alleged conflicts of interest were rife. The press did not hold back on amplifying these accusations, rarely bothering to verify any of them, and the Bar Association went as far as to go on strike on one occasion. Another group of lawyers attempted to pass a resolution that sought to bar the practice of daughters of sitting judges who lived with their fathers. Sons, inexplicably, were exempt. At the time, there was no sitting judge apart from Ahmadi who had a daughter living with him and practising law in Delhi – but several had sons.

Instead of celebrating their budding professional journeys, the siblings found themselves thrust into the headlines for all the wrong reasons. The rumour mill was in full swing, spewing sensational and bizarre news. Among the curious items circulated was one that alleged Justice Ahmadi’s two sons had somehow managed to secure petrol pumps in Delhi. The fact that Ahmadi did not have two sons to begin with became almost inconsequential amid the frenzied attacks.

Absurd and unsubstantiated, these escalating attacks on the two young lawyers – and Ahmadi himself – pointed to a deliberate smear campaign aimed at tarnishing Justice Ahmadi’s impeccable reputation, with the intention of derailing his eminent appointment as Chief Justice of India. While the family chose not to dignify any of these attacks with public responses, private moments revealed the strain everybody was under.

Also read: Justice Ahmadi: A Judge With Courage, a Man With a Conscience

Ahmadi’s short temper was flaring up more often than usual and Ama was scouring the newspapers with trepidation every morning, hoping not to stumble upon another unfounded, vicious accusation against her husband and children. As a father, Justice Ahmadi was naturally worried about the detrimental impact of these attacks on the careers of his children. But as a legal statesman and person of impeccable reputation, it was the assault on his integrity that cut the deepest.

As a result, both Tasneem and Huzefa’s legal practices took longer to take off than they should have. The need for extreme caution in accepting cases acted as a significant obstacle to their professional growth. While newspapers gleefully printed news of their imaginary high profile clients and unheard-of fees, in truth, the siblings were both erring on the side of caution, rejecting more cases than they were accepting. It was only after some years, following their father’s retirement that the tides began to turn.

Slowly but surely, their practices began to flourish and they both evolved into successful advocates in their own right. But in those initial years, both Ahmadi’s children bore the brunt of the targeting that they and their father were subjected to.

There were other restrictions too. Required to conduct themselves in a manner that befitted the children of the future Chief Justice of India, the two siblings refrained from several typical youthful activities that their peers took for granted. There were no parties or social gatherings held at home, nor fraternizing with lawyers, especially those practising in the Supreme Court. Barring a handful of family friends, those friends who happened to be practising lawyers were prohibited from visiting them at home.

It would not be an exaggeration to say that if there was a price that was paid for Justice Ahmadi’s ascension to the highest position of the judiciary, it was borne not only by him, but equally by his family.

Festivals were a time of increased vigilance. At the end of every Diwali and Eid, the Ahmadi residence was flooded with an avalanche of flowers, sweets and gifts. But these were not accepted carelessly. Throughout the festive day, all received gifts – including boxes of sweets and dry fruits – underwent a meticulous inspection under Amena’s eagle eye, immediately after the guests had departed. On numerous occasions, an excessively extravagant gift would quickly but discreetly be handed over to a waiting staff member with urgent instructions to rush after the guest and politely – but insistently – return it before they left the premises. The returned gifts ranged from ostentatious items like jewellery to more subtle ones like luxury handbags. All were uncompromisingly returned. This stringent protocol was especially observed during Huzefa Ahmadi’s wedding. The exhausted newlyweds would stay up long after the guests had departed, carefully unboxing and inspecting each gift under the watchful scrutiny of Ama, ensuring the family’s commitment to propriety was upheld without any exceptions.

These precautionary measures were established to avoid any perception of undue influence or impropriety that might compromise the reputation and integrity of the future Chief Justice and his family.

Insiyah Vahanvaty is an independent journalist, commentator, and scholar.