Muzaffar Hussain Baig: one of the top 9 India legal geniuses in politics has a tough beginning in life

Story by  Ehsan Fazili | Posted by  Aasha Khosa | Date 23-08-2024
Muzaffar Hussain Baig at his home
Muzaffar Hussain Baig at his home

 

Ehsan Fazili/ Srinagar

Muzaffar Hussain Baig is among nine top Indian legal luminaries who also took to politics. He figures in the book Courting Politics by Shweta Bansal, along with other well-known legal bigwigs like Ram Jethmalani, Shanti Bhushan, P Chidambaram, Kapil Sibal, Arun Jaitley, Salman Khurshid, Ravi Shankar Prasad, and Abhishek Manu Singhvi.

Baig, a recipient of Padma Bhushan (2020), who held several top positions in the government - Advocate General of J&K, Deputy Chief Minister, Law Minister, a member of Lok sabha - has risen in life wading through extremely difficult circumstances and yet never allowed anything do diminish his thirst for knowledge and limit his genius.

Having studied Law at the Harvard in the USA after graduating from the Delhi University’s School of Law, he also practiced in the US and Supreme Court of India before shifting to Kashmir. He was keen to make a difference to society and contested Lok Sabha elections as an independent candidate. However, with the onset of the Pakistan-backed insurgency in Kashmir in the summer of 1989, Baig jettisoned his dream of pursuing a political career.

Muzaffar Hussain Baig

Baig is credited with drafting the anti-defection law of the J&K and his legal genius is reflected through the important cases he won in the Supreme Court of India and the J&K High Court.

Baig, 78, was born as the second of eight siblings in Wahdina village near Baramulla in North Kashmir. Though the family had a rich and royal legacy, he lived a life of penury. Baig speaks of he footing two km distance to school barefoot.

At the school, he was seen as a determined and hard-working student. One of his teachers Mohammad Maqbool Shah encouraged him to participate in activities like drama and speech making. Baig also taught to younger students in the school.

He learned the English alphabet in his 6th standard as was the norm those days. Soon, he started speaking in the English language with a “thick Kashmiri accent”. He topped the Board examination of the State in the 8th standard (Middle).

He shifted to Baramulla town,15 km away from home, to study further.

There was no stopping for this genius from then onwards till he joined Delhi University for his LLB and topped the examination. He then joined Harvard, USA, for higher studies and again topped the examination.

“You will find all over the world that there is an inbuilt desire in the minds of people to join politics, not to become Government functionaries but to secure some change for the society”, Muzaffar Hussain Baig told Awaz-The Voice at his residence, overlooking Dal Lake in Srinagar.

The Cover of the Book Courting Politics

He said, “I wanted to see the welfare of people…. had this desire to represent society. I did not even charge anything from my clients for whom it was unaffordable”, he said. “Politics, for me, was not just a profession but a mission to represent my society”.

Baig’s maiden attempt in politics, and as a distinguished lawyer having practiced in the US and Supreme Court of India, brought him to the notice of several political leaders including the then Congress leader and a former Minister, Abdul Ghani Lone, and the National Conference leader and former Chief Minister Farooq Abdullah and also former union Minister Mufti Mohammad Sayeed.

Lone had later constituted the Peoples Conference in the 1970’s, after quitting Congress. “Abdul Ghani Lone, with the idea of some change in Jammu and Kashmir, had become important as a political leader”, with mass support in Kupwara. North Kashmir. Lone extended his support to Baig in a couple of subsequent Lok Sabha elections. Baramulla constituency, then comprising Baramulla district of the entire North Kashmir, now comprises three districts, Kupwara carved out in 1979 and Bandipore carved out in 2007.

Describing Abdul Ghani Lone a rebel, who was among several others after having been educated at the Aligarh Muslim University (AMU), Baig said that he (Lone) enquired “about my interest in politics. I was already contesting as an independent candidate, he assured me of his support in Kupwara”, he said.

Muzaffar Hussain Baig as a student in Harvard

Baig added that both of them almost belonged to a similar “deprived background”, and had to suffer together for many years. Abdul Ghani Lone represented his home constituency of Handwara in 1967, 1971 (Cong), 1977 (JP), and Karnah, 1983 (Peoples Conference) both constituencies in the Kupwara district. Things changed with the eruption of militancy late in 1989, leading to a political vacuum. 

Having been at the forefront of political activities in Jammu and Kashmir since the Peoples Democratic Party (PDP) was launched by the former Chief Minister, Mufti Mohammad Sayeed in 1999, Baig had “good relations” with top political figures including former PMs, Atal Behari Vajpayee and Dr Manmohan Singh. He opines that Vajpayee was “extraordinarily intelligent” and Dr. Manmohan Singh was the most “humble and efficient person”.

Baig equally holds the Prime Minister Narendra Modi in high esteem for his sincerity and clarity of approach. "A Statesman thinks about the next generation and a politician thinks for next elections.' he said.

On his experiences in the Lok Sabha as a PDP MP from Baramulla between 2014 and 2019, Baig lays importance on the “substance and sincerity in speech” adding that one has to say “things openly for the (welfare of) people”. He hailed the high political qualities of former union Ministers, Ms Sushma Swaraj and Arun Jaitley.

Muzaffar Hussain Baig in his younger days

Given his distinguished legal background, Baig’s association was sought by Mufti Mohammad Sayeed to frame the Constitution of a new political party, which later took the shape of the Peoples Democratic Party (PDP) in 1999. There was a need to float a new party while the Congress and National Conference were the only two national and regional level active political parties in the erstwhile State of Jammu and Kashmir. Mehbooba Mufti, elected from the home constituency of Beijbehara in Anantnag district in 1996, was the CLP leader in the State Assembly.

Apart from practicing in the US after his post-graduation in the Law, Baig, being a senior counsel practiced extensively in J&K High Court, Delhi High Court, and Supreme Court of India Some of the important cases he had dealt with include the case of Reliance Petrochemicals in the SC, while he was associated with Shardul and Pallavi Shroff & Co in Bombay.

The case about Compulsory Convertible Debentures was being opposed by the senior Advocate, Ram Jethmalani. Quoting a ruling from the House of Lords, London, Baig, appearing for Ambanis asserted on the plea that no person should appear in public in any case while it is sub-juidice.  The verdict was in favor of his plea, while the senior lawyer, Ram Jethmalani withdrew from the case. The legal luminaries present included N A Palkivala, Fali S Nariman, and Soli Sorabji.

He soon returned to Kashmir and decided to contest the elections as an independent to “work for the welfare” of the people. In J&K he is known for the Anti-Defection Law, following the new government formation by G M Shah in July 1984. A close associate of Sheikh Mohammad Abdullah and his son-in-law, G M Shah formed the Government after some of the NC MLAs defected to him from the Chief Minister, Farooq Abdullah. Shah was the J&K Chief Minister from 1984 to November 1986, before Farooq Abdullah again took over after the Rajiv-Farooq Accord.

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On the personal front, Baig got married to Safina in 2007, who is the first elected woman Chairperson of the J&K Haj Committee and also the DDC Chairperson of Baramulla.