‘My Lords, American Constitution is short, so gaps are filled by in-ter-pre-ta-tion. Ours is long, so the need is less here.’
The Chief Justice smiled. He looked rather wily now: an old, wise, bald tortoise. The Advocate-General paused. But this time he knew he would have to put forth a less unconvincing and general argument. The two fourteens were too alike.
He said: ‘My Lords, in India Article 31 clause 4 protects the act from any challenge whatsoever under the Constitution.’
‘Mr Advocate-General, I heard your answer to the query of Mr Justice Bailey on that point. But if this bench does not find that argument convincing and at the same time comes to the conclusion that ex-gratia payments must satisfy the guarantees of Article 14, where does the state stand?’
The Advocate-General said nothing for a while. If self-defeating candour were enjoined on lawyers, his answer would have had to be: ‘State does not stand, my Lord, it falls.’ Instead he said: ‘State would have to consider its position, my Lord.’
‘I think the state would do well to consider its position in the light of this line of possible reasoning.’
The tension in court had become so palpable that some of it must have communicated itself into the dreams of the Raja of Marh. He woke up violently. He was in the grip of a paroxysm of anxiety. He stood up and stepped forward into the aisle. He had behaved well during the argument of his own writ petition. Now, when things seemed to be going dangerously for the state on a point that did not refer specifically to him but would have covered him safely as well, he grew desperately agitated.
‘It is not right,’ he said.
The Chief Justice leaned forwards.
‘It is not right. We too love our country. Who are they? Who are they? The land –’ he expostulated.
The courtroom reacted with shock and amazement. The Rajkumar stood up and took a tentative step towards his father. His father shoved him aside.
The Chief Justice said, rather slowly: ‘Your Highness, I cannot hear you.’
The Raja of Marh did not believe this for one instant. ‘I will speak louder, Sir,’ he announced.
The Chief Justice repeated: ‘I cannot hear you, Your Highness. If you have something to say, kindly say it through your counsel. And please be seated in the third row. The first two rows are reserved for the Bar.’
‘No, Sir! My land is at stake! My life is at stake!’ He glared belligerently upwards, as if he were about to charge the bench.
The Chief Justice looked at his colleagues to either side of him and said to the Court Reader and the ushers in Hindi: ‘Remove that man.’
The ushers looked stunned. They had not imagined they would ever have to lay hands on Majesty.
In English, the Chief Justice said to the Reader: ‘Call the watch and ward staff.’ To the counsel of the Raja of Marh, he said: ‘Control your client. Tell him not to test the forbearance of this court. If your client does not leave the court immediately I will commit him for contempt.’
The five magnificent ushers, the Court Reader, and several counsel for the applicants apologetically but bodily moved the Raja of Marh, still spluttering, from Courtroom Number One before he could do further damage to himself, his case, or the dignity of the court. The Rajkumar of Marh, red with shame, followed slowly. He turned around at the door. Every eye in court was following the spasmodic progress of his father. Firoz too was looking at him in contemptuous disbelief. The Rajkumar lowered his eyes and followed his father into the corridor.
11.7
A FEW DAYS after he had suffered this indignity, the Raja of Marh, feather-turbaned and diamond-buttoned, together with a glittering retinue of retainers, performed a progress to the Pul Mela.
His Highness started out in the morning from the site of the Shiva Temple at Chowk (where he offered obeisance), advanced through the old town of Brahmpur, and arrived at the top of the great earthen ramp which led gently down from the mud cliffs to the sands on the south bank of the Ganga. Every few steps a crier announced the Raja’s presence, and rose-petals were flung into the air to his greater glory. It was idiotic.
However, it was of a piece with the Raja’s conception of himself and his place in the world. He was cross with the world, and especially with the Brahmpur Chronicle, which had dwelt lovingly on his ejaculations in and his ejection from the Chief Justice’s court. The case had continued for four or five more days before being closed (the judgment was reserved for a later date), and on each day the Brahmpur Chronicle had found some occasion to hearken back to the Raja of Marh’s unseemly exit.
The procession halted at the top of the ramp under the shade of the great pipal tree, and the Raja looked down. Below him, as far as the eye could see, lay an ocean of tents – khaki, haze-enveloped – spread out along the sands. Instead of the single pontoon bridge across the Ganga there were at present five bridges of boats, effectively cutting off all down-river traffic. But large flotillas of little boats were still plying across the river in order to ferry pilgrims to particularly auspicious bathing-spots along sand-spits on either side – or simply to provide a swifter and more enjoyable means of crossing the river than facing the crush of people on the improvised and grossly overcrowded bridges.