When the father Judged the son, Late Justice Jafar Imam & his Son Akbar Imam’s Story
As lawyers, most of us have come across the ongoing debate about judicial propriety, especially when it comes to family members appearing in courts where their relatives are judges. This includes situations like a father appearing before his son, or vice versa, and in some cases, people appearing before uncles and aunts, which Former Justice Markandey Katju infamously termed as ‘Uncle Judge Syndrome’. There is often talk in legal circles about the advantages that people with family connections in the profession might enjoy. According to the current Bar Council of India rules, a son or daughter is not allowed to appear in the court of their father or mother. However, there is no restriction on appearing before a judge who is a close family friend, such as an uncle or aunt. That topic, though, is a debate for another day.
With this background in mind, I want to share a story from the world of law about the late Akbar Imam. He was born in Patna to Justice Syed Jafar Imam and Asma Imam, and his family played an important role in India’s legal history. Justice Jafar Imam, Akbar’s father, was the senior-most puisne judge of the Supreme Court and was expected to become Chief Justice of India. However, due to health problems, Justice P.B. Gajendragadkar took the position earlier than expected.
Akbar’s education matched his distinguished family background. He went to St. George’s School in Mussoorie, then studied science at Trinity College, Cambridge. He was later called to the Bar from the Middle Temple in London. When he returned to Patna, Akbar started his legal practice, focusing on criminal law. Even though he was quite young, he quickly made a name for himself among the few barristers in Patna, working alongside respected figures like Dharamshila Lal, the first woman lawyer at the Patna High Court.
Akbar also loved flying. In the late 1950s and 1960s, he would fly his two-seater L5 plane from Patna to Delhi, stopping in Lucknow to refuel. Most of the time, he was joined by either his senior munshi, Majid, or his junior munshi, Lakhan. After landing at Safdarjung airport, he would go straight to the Supreme Court to argue his cases.
One especially notable incident happened when Akbar was scheduled to argue six cases, all listed before his father, Justice Jafar Imam, at the Supreme Court of India. Akbar asked for the cases to be moved to another bench because he was concerned that other lawyers might think he would receive favourable orders. His father, however, declined the request and went on to hear all the cases. In the end, he dismissed two of the six cases and issued notices in the other four.
This demonstrated the strong integrity Justice Jafar Imam showed in carrying out his duties as a judge, and this incident is widely cited as an epitome of high moral ethics, impartiality, and judicial independence. It was, and still is, a lesson in impartiality and balance of mind in the judicial circles and shall remain the only instance where a lawyer appeared before his father at the highest court of the land.
The Redline is written by Adv. Ayush Negi, whose work across trial courts, High Courts, and the Supreme Court reflects a broad and accomplished litigation practice.
Fascinating narrative and a profound message.