Supreme Court judge Justice Sanjay Kishan Kaul on Friday expressed his displeasure against lawyers seeking adjournment in cases, saying that a case must be taken up on the day it was listed.
Attending the farewell function organised by the Supreme Court Bar Association (SCBA), Justice Kaul said the journey of his life has been like a meandering river, always full of surprises.
He said he was originally a native of Kashmir, who was born in Delhi, served as the Chief Justice of the Punjab and Haryana High Court, then at the Madras High Court, before being elevated to the Apex Court.
Remembering the years that went by, Justice Kaul said he had a very fulfilling experience, both at the Bar and the Bench.
He added that he had held court in difficult situations in different courts, noting that it has been a very enriching experience.
As per Justice Kaul, both the Bar and the Bench must work hand in hand to impart justice.
Stating that there was often no right decision, but only the best one in the given circumstances, Justice Kaul urged his fellow judges to find the courage and conviction within them to make a decision, adding that once they had taken a decision, they should not look back.
He said that he could find solutions to the most intricate problems over a cup of coffee, adding that one such decision was regarding the designation of women senior advocates.
Justice Kaul said the challenges faced by the litigants who approached the Apex Court for resolution of disputes must remain foremost in the minds of the judges.
Speaking about Chief Justice of India DY Chandrachud, Justice Kaul said he has known the former since they were studying in St. Stephen’s College in New Delhi. He added that he called his long-time friend from St. Stephen’s ‘Dhan’.
As per Justice Kaul, a Chief Justice must lead from the front, but should carry his colleagues along. He said the administrative work was usually carried out post court.
Calling the Apex Court as an institution and temple of Justice, he said it must remain open for all.
Earlier in the day, the Apex Court held a Ceremonial Bench for Justice Kaul.
Addressing his fellow judges, Justice Kaul encouraged them to exhibit boldness on account of the constitutional protection they were having.
He said if the Judges were not able to exhibit boldness with the constitutional protection they were having, then other parts of the administration cannot be expected to do so.
He advised the judges to have a fair and just approach, encouraging them to remain bold in their decisions.
Justice Kaul said that the principle of law should supersede any other considerations.
He further spoke about the pivotal position the court held in the lives of the litigants, saying that people often looked at the courts as the last resort after exhausting various other avenues.
He rejected the notion of the judiciary being mere fund collectors for the government, stating that the judiciary’s duty was to administer justice without fear or favour.
Speaking on the occasion, Chief Justice of India DY Chandrachud said that Kaul was from Kashmir. Kashmiris were innately known for their wisdom and scholarship.
He said the first time a tourist visited Kashmir, he remembered “Agar firdaus bar roo-e zameen ast, Hameen ast-o hameen ast-o hameen ast.”
Calling Justice Kaul a distinguished jurist, a respected colleague and his dear friend, the CJI said that he first met Justice Kaul in St Stephens College in 1976.
He said they were the first post emergency batch, adding that they became friends over classes, countless conversations in canteen, and the shared love of theatre.