The Reminiscences of Zafrulla Khan

by Sir Muhammad Zafrulla Khan

Page 110 of 279

The Reminiscences of Zafrulla Khan — Page 110

110 REMINISCENCES OF SIR MUHAMMAD ZAFRULLA KHAN consequence of my suggestions that the Viceroy's Council was enlarged and was almost entirely Indianised. I was also, being the senior Indian minister, Leader of the House. The Viceroy told the Chief Justice that I was almost indispensable to him and that he could not spare me at that stage. I did not know that this was going on between the two. For the moment, they agreed to appoint Sir John Beaumont, Chief Justice of Bombay, as officiating Judge on the Supreme Court so that the Court could finish its work in the summer sittings. But the matter could not be postponed for long, as the Court was entering upon its vacation in June, and the Chief Justice was anxious that the matter should be settled, so that he should know who would take the place of the late judge when the court reconvened after the judicial vacation. One morning, when I went to see the Viceroy for my weekly interview with him, he mentioned to me, that there was this vacancy on the Court, that the Chief Justice and he had been discussing the matter but that they could not agree as the Chief Justice wanted me and the Viceroy could not spare me. I had still nearly four years left of my second term of office as member of the Viceroy's Executive Council. He said that in the end they had agreed that they would leave it to me, so that if I wanted to continue in the Council, the Chief Justice would reconcile himself to taking on one of the Muslim judges from one of the High Courts; but that if I wanted to go to the Court, the Viceroy would very reluctantly spare me. After mentioning this, the Viceroy said, "You may think over this and when you come to see me next time you may let me know your decision. " I thanked the Viceroy and said, "Sir, I can let you know now. I do not need time to consider the matter further. " He smiled and said, "I am so glad you don't want to go," I said, "No, Sir, I think I would like to go to the Court. " He was astonished. "At your age, considering where you are, what you have already done, having still four years more here, with all sorts of possibilities open, I am surprised you should wish to go and bury yourself in the Court where you will be out of everything. " I gave him some of my reasons why I preferred the Court, and he stood by his promise to the Chief Justice. It was agreed that the change should be made sometime towards the end of September when the Court