'Some Judges Are Pro-Govt, Some Are Against; Nothing Wrong' : Delhi High Court Chief Justice DN Patel In Farewell Speech

The Chief Justice of the Delhi High Court DN Patel has demitted office on superannuation. He is set to assume charge as the Chairperson of the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) soon as his appointment was cleared by the Central Government last week.

In his farewell speech today, Justice Patel said that there will be judges with different types of approaches - some are pro-government, pro-labour, some are against government, pro-employer - and there is nothing wrong in such approaches as the diverse approaches ultimately lead to the development of law.

"As I look back, I can say that the last 38 years of my life have helped me satisfying my quest to learn the law and serve the justice delivery system," he said in farewell reference function organized by the Delhi High Court on Friday.

Justice Patel was appointed as the Chief Justice of Delhi High Court on 7th June, 2019. He was elevated as an Additional Judge of the High Court of Gujarat on 7th March, 2004 and took oath as permanent Judge of High Court of Gujarat on 25th January, 2006.

He had been a Judge of the High Court of Jharkhand, Ranchi in 2009. He had also served as Acting Chief Justice of Jharkhand High Court.

In this farewell function today, Chief Justice DN Patel emphasized on the balance between judicial activism and judicial restraint. He said that while judiciary has to fill the gap between law and justice, such an act of judicial activism must be exercised as a matter of exception and not as a matter of role.

"Much have been discussed here and abroad about judicial activism and judicial restraint. There is always a gap between justice and law. Merely because a law is enacted, there is no guarantee that justice will be done. There is some role to be played by judges. And if there is any gap, a judge has to fill up the gap. That is known as judicial activism. That is inevitable. But as a matter of exception, and not as a matter of role. We are not here to make the law, nor to evolve a policy brand new. We are only interpreter of law," Chief Justice Patel said.

He added "But as an exception as I have said, whenever there is gap between law and justice, there is bound to be a judicial activism. We are giving several guidelines. This is depending upon theory of positivism of Austin."

Remarking that he has always followed the theory of positivism, Chief Justice Patel added that one has to maintain the balance between judicial activism and judicial restraint.

"Judiciary, one of the three primary institutions of Indian democracy, has been bestowed with both constitutional powers and responsibilities in the scheme of Indian Constitution. It it is pertinent to note that the judiciary is a unique institution in the grand scheme of Indian republic as it doesn't have the power of sword or control by other two primary institutions. Our primary task is to render justice through our orders by deciding cases and putting to end the lis, means dispute, not only between individuals but also between institutions and State authorities," Chief Justice Patel said at the outset.

Chief Justice Patel expressed his thanks to those who made a valuable contribution in his personal as well as professional career.

He said "God gave me opportunity of gaining the incredible experience to secure justice as a lawyer and opportunity to deliver justice as a judge. Thus giving me a meaningful existence. As i look back, i am satisfied with my experience."

Furthermore, Justice Patel also emphasized on his learnings from the COVID 19 pandemic and the unpredictability that came with it. While he said that everyone experienced some kind of suffering, for him the realisation personally was more of a spiritual kind.

He said "During pandemic, even though I missed the everydayness of being in Court in action, I am sure I couldn't have spent so much of precious time seeing my one and half year old granddaughter growing. It is this pandemic, that the realisation was futher reiterated that we are here for a purpose and we have to fulfill it to the best of our abilities."

Furthermore, he lauded the monumental efforts made by the individuals working at all the levels of Delhi judiciary amid the pandemic. He also thanked the other judges of the High Court, Court Staff, Registry officials, officials of the IT department and others who contributed in smooth functioning of Court proceedings even during the COVID 19.

"The success of Delhi High Court in becoming one of the leading and premier High Court of this country can be credited to the quality of it's Bar and dynamic relationship that exists between Bench and Bar," Chief Justice Patel said.

He added "A judge lives through the Bar and it is through the Bar that his or her opinions are approved or modified. Both the members of the Bar and the Bench owe a responsibility to the citizens of this Country and each one of us is bound by mandate of the Constitution, to dispense justice to the last man in the queue. I consider myself fortunate to have been in this Court and served the cause of justice in a Humble way. I thank Bar of the High Court and district courts."

Lastly, Chief Justice Patel concluded his speech by thanking his staff members, court staff, former court master, court master, assistant court master, court attendants, personal staff at his residence, personal security officers and law researchers.

Concluding his speech, Justice Patel became emotional as he thanked his parents for teaching him the right values of simple living and high thinking.

He said "My family has always stood by me, never complaining about the time I never gave to them because of my professional commitments. When I was a lawyer, I was never looking at home because from morning, you go to Court, come in evening with new clients and drafting and reading. Nobody knows what the judge will ask. One has to be very careful, specially when a tough matter is coming".