In 2019, in all the prisons collectively in the Netherlands, there were only 19 prisoners; so much so, that the country was facing a serious problem, as several prisons were without inmates. So, they had to shut down prisons and withdraw the staff. “That is a civilised setting, whereas, in our country, I, as a member of the Parliamentary standing committee for law & justice, along with my colleagues, had visited various prisons in India,” informs Majeed Memon, senior advocate and former member of Parliament, who has ventured into authorship with the launch of his autobiography, My Memoirs. “We visited Arthur Road jail, Rajasthan prisons and Goa prisons and made a record and filed it with the registrar of the Rajya Sabha. In Goa, for example, there is a board displayed outside the main gate of the prison, saying: ‘Total inmates 96, undertrial prisoners 82 and convicted persons, only 14’. Now, those who are presumed innocent in the eyes of law are languishing in prison and nobody bothers. And that is how the prison population has grown so much. In comparison with the rest of the world, we fall far below the mark, because of our failure in improving the criminal justice system”.
“We cannot boast of a good criminal justice system because your prisons are overflowing, so much so that, in some prisons, we had the misfortune of seeing that, in an 8x10 ft room, there were 25 people, who could not even stretch their feet properly. What is this country and the system doing? Why is it happening?
A case for bail
The Chief Justice had stated that our judges in lower courts were scared to grant bail. Applications in Bombay High Court, for example, remained pending for weeks and months and sometimes years. In the 1970s, there were Justices Bhagavati and Krishna and all the enlightened jurists, who said that the condition of a prisoner decides how successful our system is. Right to bail accrues every day. If your liberty is encroached upon by the state, by virtue of its power, your liberty is gone and so has the right to ask for bail, the right to grant bail and the right to have bail. What is the meaning of it? And when a bail application filed is not being heard for one year, the situation becomes ridiculous. Either we do not boast of our criminal jurisprudence, which ensures the right to bail, or we clean up the system. Today, in Bombay High Court, 100 bail applications are on the board of one judge, who is assigned this job. And 100 bail applications cannot be called out during the course of a day, let alone be heard for the merits and then decide on it. Who is responsible for this?” asks Memon, who suggests that at least three judges should be put on duty to attend cases for bail, instead of one judge as we have now. “Look at the schedule of the Bombay High Court’s allotment of work. There are so many police stations between Colaba and Borivli, where so many people have been arrested. And, so many people have been refused bail by the lower courts. Today’s position is that bail applications in murder cases have been waiting to be taken up for a hearing for the last six months. Why are they so slow to grant bail? Why are they scared? If a judge is scared to grant bail, country is in trouble”.
“We have not given opportunity for applicants to explain their allegations of malpractice, etc. As Chief Justice Chandrachud said a few weeks before his retirement, in a public meeting, this is indeed scary, if the courts below are scared to grant bail. Mind you, this statement was coming from a man who was sitting at the highest office of the administration of justice. One is aghast to hear this from a former chief justice. He has given the picture of the situation that exists today by uttering these words. But I would go further, please elaborate, what are they scared of. Who are they scared of and what curative steps can be taken? Do we sit quiet, not bothered about our responsibilities of curing this malady of people suffering in custody, because the judges are scared? Let us find out what is scaring them. If nobody bothers about it, the issue would remain as it is. This is the reason our prisons are overflowing with inmates,” adds Memon, sharing his personal and professional insights from his legal career, while highlighting some key landmark cases, in his book.
The book offers an exclusive insight into Memon’s legal career. It was unveiled in Mumbai in a function attended by prominent personalities from both the legal and entertainment world, including filmmaker Mahesh Bhatt, senior lawyer Rafique Dada, Justice Thipsay and media personality Suhel Seth.
My Memoirs is an intimate exploration of Memon’s legal career, spanning over five decades. Known for his fearless and strategic approach to law, Memon had represented clients in high-profile cases and earned a reputation as one of the most respected figures in the Indian legal community. The book delves into courtroom battles, while also revealing Memon’s empathy for the common man and highlighting his tenure in the Rajya Sabha.
Landmark cases
The book offers insights into landmark legal cases, such as the Anna Hazare PIL, the historic midnight order in the Doshi case, the Sanjay Dutt bail review under TADA, the Rashida Banoo case and the high-profile extradition matter involving music director Nadeem Saifee. He has also handled cases tied to some of India’s most notorious events, such as the 1993 Mumbai serial bomb blasts, the Gulshan Kumar murder and the Ghatkopar blast. Through My Memoirs, he sheds light on his reflections and showcases his meticulous approach to these landmark cases, making it an invaluable read for legal professionals and enthusiasts alike.
“The law is not just a profession to me; it is a calling, one that requires intellect, empathy and the courage to stand for justice, even when the path is uncertain. I have always believed in the power of law to bring about justice, no matter what the circumstances were. My Memoirs is not just a chronicle of my legal battles; it’s a reflection of a time in India when our judiciary played a critical role in shaping the nation. I’ve been privileged to be part of some of the most defining moments in legal history, and through this book, I hope to offer a glimpse into my journey, the cases that defined me, and the lessons I have learned along the way. I’ve always seen the pursuit of justice as both an intellectual challenge and a moral responsibility. Through this book, I hope to share not only the legal complexities but also the human stories that lie behind these landmark cases”, says Memon.
“I always knew Memon as a renowned lawyer associated with sensational cases. Later, I got to know him as a friend and colleague in Parliament, shining in both roles. His book offers fascinating insights into his career, from high-profile cases to his strong sense of justice”, says Suresh Prabhu, former Union minister, civil aviation.
I have always believed in the power of law to bring about justice, no matter what the circumstances were
“I am happy that Majeed bhai’s My Memoirs is being released but I know a life like his cannot be confined to a few pages. A book of poetry might say much more than a mere memoir, because poetry can touch the silences you have experienced – those silences you have lived through, as you fought tirelessly for people crying out for justice”, observes Mahesh Bhatt, film director.
Justice Thipsay, former judge, Bombay & Allahabad High Courts, says: “I have written the foreword for the book. When I read it, it reminded me of my early days. When I started practising, I too began in a humble way. The cases selected in the book are notable because not every case is one in which Memon succeeded, yet he chose to include them because of their importance. Secondly, his association with Justice Krishna Iyer is something I consider a remarkable achievement. I regard Justice Krishna Iyer as one of the greatest jurists of all time, and having had an association with him is, in itself, a significant accomplishment.
“My association with Memon spans over 50 years,” adds senior advocate Rafique Dada. “And I believe the book is wonderful. It recounts all the great cases he has argued and serves as both a promise and an inspiration for many young readers. Memon has completed 50 years at the bar, is now a senior advocate and remains one of the leading luminaries of the profession.”
The book also touches upon his dual identity as a seasoned lawyer and a poet, reflecting on his personal philosophy and his relationship with the law, the judiciary and the common man. With a career marked by landmark cases, My Memoirs provides an unfiltered, thought-provoking perspective on India’s evolving judicial history. The book promises to be an invaluable source for legal professionals, students and anyone else who is interested in understanding the complexities of law through the eyes of one of its most influential practitioners.