Plea to shift portrait of judge who convicted Tilak

The Bombay High Court is considered as one of the prime High Court's in India. The heritage structure, located in Southern Mumbai has seen several historic trials and cases. One of the most memorable and historic trial conducted in the HC is the Lokamniya Tilak's sedition case. He was sentenced to rigorous imprisonment for six years and was also externed outside the boundaries of the then Bombay province.

Tilak was held guilty of writing “seditious” articles against the then British government, which the court considered to be "instigating" and provoking.

Justice D Dawar, who sentenced Tilak used some “remarks” for the freedom fighter in his judgement, which has not gone down well with several advocates and activists.

In his verdict, Justice Dawar had said, "You (Tilak) are a man of undoubted talents and of great power and influence. Had those talents and that influence been used for the good of your country you would have been instrumental in bringing about a great deal of happiness for those very people whose cause you espouse."

"It seems to me that it must be a diseased mind, a most perverted mind, that can think that the articles that you have written are legitimate articles to write in political agitation. They are seething with sedition : they preach violence : they speak of murders with approval: and the cowardly and attrocious act of committing murders by bomb not only seem to meet with your approval but you hail the advent of bomb in India as if something had come to India for its good. As I said it would only be a diseased and a perverted mind that could consider that bombs are the legitimate instruments in political agitation and it would be a diseased mind that could ever have thought that the articles that you have written could be legitimately written," Justice Dawar had said.

Surprisingly, despite these remarks against the national leader, a portrait of Justice Dawar can be still found in one of the courtrooms of the Bombay HC.

Since then, there have been demands seeking removal of the portrait of Justice Dawar. There are demands urging to shift the portrait from the courtroom to the museum, situated in the HC premises.

According to advocate V. P. Patil, he himself had made a representation to the then Chief Justice D H Waghela, with a prayer to shift the portrait.

“I had made a representation to the then CJ Waghela to remove the portrait and keep it in the museum. As far as I know, my request was referred by CJ Waghela to the administrative judges and the present CJ Manjula Chellur. Since then, I have no idea as to what decision had been taken on this matter," advocate Patil said.

Justice (retd.) Vidyasagar Kanade, who was also a member of the administrative judges, said, "It has been nearly one or more years to this matter now. I remember that a meeting was held by the present CJ Chellur in this regard. But I cannot recollect as to what decision was taken in the matter."

However, activist Prakash Silam, who has vehemently opposed Justice Dawar's portrait said the matter has been deferred. He said, "I had received an order of the administrative committee by the HC Prothonotary stating the matter has been deferred. Since then, there has been no response from the HC."

"We are not asking the court to remove the portrait but only urging it to shift the portrait to the museum. We are making such a prayer given the fact the remarks and language used by the judge against Tilak," Silam added.

Meanwhile, there is no clarity on the status of the matter as despite several attempts to reach the Registrar General of the HC, there was no response.