New Delhi: Independence of the Supreme Court is integral to democratic way of life and rule of law, said apex court judge Justice K M Joseph on Friday even as his colleague Justice Ajay Rastogi cautioned against the perception of only anti-government judges being independent.
The two top court judges were speaking at the farewell event organised on their last working day before the summer vacation kicks in. Justice V Ramasubramanian, who will also demit office in June along with Justice Joseph and Justice Rastogi, also spoke at the common farewell organised by the Supreme Court Bar Association (SCBA).
The farewell function was attended by Chief Justice of India Justice DY Chandrachud, other judges of the apex court and members of the Bar. Justice Joseph, who is set to retire on June 16, said the Indian Supreme Court was the most powerful highest court in the world and its judges most overworked. He said the court as well as the Bar must always remain on their toes as it is not "difficult for a democratic nation having a Constitution to slip into chaos.
The lawyers, he added, must be at the forefront of the fight against forces that can overcome our constitutional way of life. It is not very difficult for a nation which is a democracy having a constitution to slip into chaos, into just the opposite of democracy. So the court and also the Bar must always remain on its toes. It is a duty that gets passed on from gen to gen (generation to generation). If we ignore it, we ignore it at our own peril, Justice Joseph said.
Justice Joseph became a high court judge on October 14, 2004 and he was elevated as a chief justice of a high court on July 31, 2014. His elevation to the apex court in August 2018 had put an end to a protracted stand-off between the government and the judiciary. Justice Rastogi, who will be demit office a day after Justice Joseph, asserted there was a need to change the prevalent practice of calling one the finest judge on the basis of his comments against the government.
He said judges are supposed to decide matters and impart justice on the basis of the material on record while not being concerned with who is on the right or who is on the left. He requested everyone to introspect on his concern. If somebody wants to say that I am an independent and unbiased judge, to my understanding, (it means that I) decide the matters anti-establishment. Give your opinion against the government, you are independent judge! I say, no. We, as judges, are supposed to decide matters on the basis of material of record, whether it goes this way or that way, Justice Rastogi said.
This thing is being perceived by people at large and the media also supports it. You make a comment against the government and everybody will be happy. This practice that is prevalent and is perceived by the people needs a change, he said. Justice Rastogi also emphasised that the Supreme Court is meant for everyone and not just those who can afford a good battery of lawyers and whoever knocks its doors must be given the same indulgence without any discrimination.
Justice Rastogi, fourth in seniority at the apex court, was appointed a Supreme Court judge on November 02, 2018. He will retire during the summer vacation on June 17, having served as a Supreme Court judge for over four years. Justice Ramasubramanian, in his light-hearted address, jovially shared that he was both a first-generation and last-generation legal professional with his children having chosen other professions and expressed his gratitude to his family.
He was appointed as a judge of the Supreme Court of India on September 23, 2019. Justice Ramasubramanian was appointed as an Additional Judge of the Madras High Court on July 31, 2006 and as a permanent Judge on November 9, 2009. SCBA President and senior advocate Adish C Aggarwala hailed the three judges, saying all of them made unique contributions to the justice delivery system through their ground-breaking judgements. Aggarwala said while Justice Joseph has known no fear as a judge and passed many bold and thought-provoking judgments, while Justice Rastogi's contribution to criminal law and law dealing with social welfare is notable.
justice V Ramasubramanian has the ability to see legislations with a progressive outlook, he said. Aggarwala , who was recently elected to the post of SCBA chief, added that CJI Chandrachud has ensured that justice is made accessible to the litigants by removing unnecessary complexities and by use of technology in the face of pendency of cases in the backdrop of the Covid-19 lockdown. The retirement of Justice Joseph, Rastogi and Ramasubramanian will bring down the number of judges in the Supreme Court from 34 to 31. (PTI)
