Interview with the oldest law clerk in India

The Leaflet exclusive interview with 90-year-old Aloke Cwomar Ghosh, who has been working as a law clerk at the Calcutta High Court for more than six decades. 

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ALOKE Cwomar Ghosh was born in 1933 in Howrah, West Bengal. He is a nonagenarian now and yet he continues to work as a law clerk. He is probably the oldest surviving law clerk in India.

As a young boy, he attended Shyambazar A.V. School, graduating in 1951. He completed his intermediate of arts in 1953, which was equivalent to a high school degree, and, finally, he earned his Bachelors of Arts (BA) in around 1956 from the Bangabashi College, Kolkata.

He was taught by Reverend Sudhir Kumar Chatterjee, the famous footballer-turned-academic.

After completing his college, he worked as an agricultural labourer and then as a worker at a factory.

In this exclusive interview with The Leaflet, Ghosh spoke about his life, times and the changing shape of the legal world he has made his home for so long.

He confessed quite proudly about his communist leaning and also about the fact that he belongs to the Bramho Samaj. I believe in the idea of equality, he asserted. He also spoke, with a tinge of the new nervousness that has engulfed the times, that he loves eating beef and he has a disdain for religious ritualism of any sort.

He remembers fondly that it was Sachitananda Bose— a distant relative of Swami Vivekananda, who first brought him to work as a law clerk with S.R. Mehta Company that was owned by a barrister named Soli Rustamjee.

Since then he has never looked backed. The following are excerpts from a first-of-its-kind interview of a law clerk who has served the Bar unswervingly for well over six decades.

I.A.: How long have you been in the legal field?

A.C.G.: I am not a lawyer, academically speaking, I am a quack lawyer. In Bengali you may say haturey chikitsok, not haturey doctor. I joined here in 1960. I have never gone outside of West Bengal except, I think, in 1995–96. Samar Kumar Basu, a barrister I used to work with, once sent me to Madhupur; then it was in Bihar, now it is in Jharkhand.

I.A.: Why did you join the legal profession?

A.C.G.: I was actually an accused in a criminal case. Satyendra Basu was a lawyer who helped me. It was he who suggested that I work here as a law clerk. I used to work as a factory worker in Kalighat. Satyendra Basu used to practise at the high court as well as at the Bankshal Court. His command over English was excellent.

I.A.: Tell us about your early experience as a law clerk? How did the courts function back then?

A.C.G.: Then the cause list used to be published by the evening for the appellate side as well as for the original side. The city civil court was established in 1956 before my own eyes. Satyendra Kumar Basu was the law minister. He died in an accident. He was the brain behind the system.

The city civil court (commercial) had pecuniary jurisdiction of ₹500. Now, I think it is ₹1 crore (it is actually ₹50 lakh). I now see people filing hazira in civil courts. Those who are old legal practitioners know this is not correct. I have also made many errors. But I have learned from them.

I used to love my job. Even now I love it. You know in the city civil court law clerks like me used to receive one rupees and 25 paisa per brief. There were times when even this was not paid to us. But we did not mind as advocates used to behave very politely with us. There was a court peshkar (official of the court), his name was K.B.R. (full name withheld on request), he used to often ask for one rupee from us. But if we did not pay him, he would never mind.

I.A.: How have the courts changed over the years? What, in your opinion, has changed for the better? What for the worse?

A.C.G.: The difference is as stark as hell and heaven. People influence judges and judgments now.

I.A.: So you are saying this did not happen back then, I mean in the early years of your practice as a law clerk? 

A.C.G.: Not to such an extent. These days good practitioners of law do not get due recognition. This is largely due to rampant bribery and corruption in the profession.

I.A.: You must have seen so many legal luminaries in your life. Tell us about a few of them. What was it like seeing them argue?

A.C.G.: I remember so many of them. For instance, Barun Roy Chowdhury, he was a master of the civil side. Then I remember Madal Lal Mullick. I do not know if he is alive. His chamber was at Number 10, Old Post Office Street.

Back then, these advocates used to pay me handsomely. They would say take the money! What future do you have, if you do not accept the money? You do not have any provident fund nor do you enjoy any service-related benefits.

This is how I have managed my life. I do not have any problem due to this. Look at the way the price of essential commodities is rising!

I.A.: What advice do you have for young litigating lawyers?

A.C.G.: They should study as much as they can. Their foundation should be sound. There is no scope for insincerity. For example, Lord (Oliver) Cromwell dethroned Edward in 1606 (actually it should be Charles-I in 1649) and assumed power.

He observed that there should be no space for skylarking or insincerity. He used to visit each and every house and inspect who is eating what. In his time, England progressed. Young lawyers should take inspiration from Lord Cromwell.

I.A.: What would you say about contemporary law clerks? Has the standard improved or gone down?

A.C.G.: Some law clerks have good standards; for example Romen Roy Chowdhury— his law clerk was good. Roshan Lal Mondal, his law clerk was also good. Most of the law clerks nowadays are mediocre. That is all I can say.

I.A.: You are a nonagenarian. What do you think when you walk in the corridors of this august court? What thoughts revolve in your mind?

A.C.G.: I have a house in Howrah. The tenants have been using it for the last 10–12 years without paying any rent. I do not wish to throw them out. I am not part of the Communist Party, but I believe in the idea of communism. I do not have any children. So, I let the tenants use my house for free. I think I will open a trust in the name of my father. The trust will take care of the property.

I.A.: What has kept you motivated to work for such a long time? Do you have any plans to retire?

A.C.G.: Say today I got to meet you. I get peace of mind when I meet people. Today, I will eat mutton— there is also a question of money. Once it used to cost one rupee, today it is ₹840.

The dictionary that I have now costs ₹100. I bought it for ₹30. Money is very important. Even at this age I have to foot my bills.