Judging The Cause
Judges’ primary duty is to judge the cause between two or more litigants, sometimes between individuals and sometimes between the Government and the private litigants. While judging the cause the Judge is supposed to be impartial and dispassionate. No extraneous material or influence should creep into the considerations. If such thing happens, his opinion becomes vitiated by extraneous considerations.Any first year law student knows these principles.
Compassion is hallmark of Justice. Human considerations are above law. Equity supplements the law. These are some of the principles which are accepted worldwide. A Judge has to strike a balance between the above principles.
In 1977, the Supreme Court elevated a Judge from Gujarat High Court who was embodiment of all the qualities of a perfect Judge.Justice D.A.Desai was a perfect gentleman, very learned, very compassionate and a very hard working. Would you believe, if he had 50 cases in his Court, he will read cover to cover all the Paper books. We would be astonished by his grasp of facts. He would not faulter even once on facts. He was very argumentative but very logical in his approach to the cause. Sometimes he would frighten the Counsel who is arguing against his wavelength of thinking. His heart would throbb for the weaker section of the society. If a poor client had lost in all the courts, still he would find something in his favour and grant relief to him. He had become virtually God on earth for them. If the tenant was poor, he will go with him. But if the landlord is poor, he will grant relief to him. He was always for the labour force and against the mighty Management.
His fame travelled to all the litigants throughout the country. He became hot cake for them. A race started in the Supreme Court how to get the cause brought to his Court. Counsel started becoming redundant and litigants would lay more stress on the cause being brought to his Court. Money started flowing in the Registry of the Supreme Court. Important was Pay and get the case listed before his Court.
In 1981, I was Hony.Treasurer of Supreme Court Bar Association. I was pretty junior at the Bar but had won the election. It was April 16,1981, when the election was held. That was the time when my son was born in Moolchand Hospital. With the result, I had not gone to the Supreme Court as I was in Hospital.But still I had won the election.
We had Y.V Candrachud as Chief Justice of India. A delegation had gone to see the Chief Justice, I was part of the delegation. After the meeting came to a close, I took courage and told the Chief Justice about the corruption in the Registry. He heard me dispassionately and asked me to report to him after two weeks. I reverted to the Chief Justice after two weeks. By then noose was tightened in the Registry to some extent but litigants would always find some way out to get the cases listed before Justice Desai.
Justice Desai’s commitment to down trodden was always taken advantage of by the litigants. Law Reports of that period would bear the testimony of the tilting of law in favour of weaker sections of the society. This course was corrected by Sabyasachi Mukherjee J.later on and Supreme Court struck balance.
The purpose of my writing this blog is two folds. Firstly, Judges duty is so delicate in judging the cause that a small deviation may pervert the law. Secondly,a Judge always walks on razor sharp path which causes injury to the entire legal system.
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Srivastava ji. Well written. Judge Desai is a respected name in judiciary.
Sir you should write more memories like this.
Thank you.When ideas strike,I will certainly write.
Learning & experience ought to be the embodiments of a good judge. Kindness and humane face follow these feathers. Are you sure the menace you mentioned is no longer prevalent in the Registry of the Supreme Court of India ? Do enlighten our innocent countrymen.
Now,computerisation has taken care of many malaise which was prevelent then.Systemic changes have taken place and thete is no predictable Judge like Desai J.