If Judges With Constitutional Protection Do Not Exhibit Boldness, We Can't Expect Others In Administration To Do So: Justice SK Kaul

On his last working day, Supreme Court judge Justice Sanjay Kishan Kaul stressed the need for the judges to exhibit boldness, since they have Constitutional protection."If with the constitutional protection that we have, we are not able to exhibit this, we cannot expect other parts of the administration to do so," Justice Kaul said at the Full Court reference held to bid farewell to him.

Justice Kaul received a resounding farewell with accolades pouring in from several senior and young lawyers alike. The courtroom was packed to capacity as lawyers, not just from Delhi but from across the country, gathered to bid adieu to the retiring judge. Justice Kaul's family was also in attendance. Senior Advocate Harish Salve, reflected on the privilege of knowing him, highlighting the invaluable aspects of their professional association. Additional Solicitor General SV Raju echoed these sentiments, describing the pleasure of appearing before Justice Kaul. The ceremonial bench also witnessed Senior Advocate Mukul Rohatgi, Senior Advocate CS Vaidyanathan, Senior Advocate AM Singhvi, and Senior Advocate Menaka Guruswamy amongst others, all commending the exemplary judicial and administrative leadership, noting Justice Kaul's significant contributions across various jurisdictions, including Delhi, Punjab, and Madras. Senior Advocate S Nagamuthu, a former judge of the Madras High Court, said that the people of Tamil Nadu will be forever indebted to Justice Kaul for his services as the CJ of the Madras High Court. Numerous young lawyers also expressed gratitude on behalf of their peers, acknowledging Justice Kaul's encouragement and support to young lawyers. They praised his approachability and the positive environment he fostered, even in the intimidating setting of the Supreme Court.

Highlighting the warmth in the emotions expressed by the bar to the outgoing judge, CJI DY Chandrachud said– "Justice Kaul you have seen the tremendous response of the bar on your last working day- whether it is seniors, juniors, lawyers who come outside from Delhi...it shows the wide respect you command."

Justice Kaul, addressing the court, emphasized the enduring significance of the judiciary as an institution and temple of justice that must remain open. He also expressed concern over the prevalence of an adjournment culture in the legal system. He said–

"I have held court in difficult situations in different courts, but I felt that this is an institution and temple of Justice which must remain open. That's very close to my heart. As a lawyer, I felt that wherever somewhat an adjournment culture is prevalent, it's a problem. I always believe that the case must be taken up on the day it was listed."

Reflecting on the importance of the judicial role, Justice Kaul underscored the pivotal position the court holds in the lives of litigants, often as a last resort after exhausting various other avenues. Advocating for a fair and just approach, he urged his fellow judges to be bold in their decisions, emphasizing that the principle of law should supersede any other considerations.  Rejecting the notion of being mere fund collectors for the government, Justice Kaul emphasized the judiciary's duty to administer justice without fear or favor. He said–

"It is my belief that the boldness of the judge is very important. I do not believe that we are the fund collectors of the government. The stakes are not important what is important is what the principle of law it carries. And this court has administered justice as expected without fear or favour."

Regarding the importance of boldness in a judge, he added that– "if with the constitutional protection that we have, we are not able to exhibit this, we cannot expect other parts of the administration to do so."

Turning his attention to the broader responsibilities of the legal community, Justice Kaul called upon the Bar to safeguard the independence of the judiciary. Drawing parallels with the Indian freedom movement, he reminded the legal fraternity of its duty to stand up for the principles that underpin the justice system. He said–

"The bar owes the duty to see that the independence of the judiciary, the independence in the various forms in the country are protected and they stand up for it. Ultimately there's no method with which the judiciary can stand up for itself and I think it's the duty of the bar to support, sometimes correct judiciary."

Bidding farewell to the Supreme Court, he said–

"I am going out as a satisfied man. I have a bucket list to complete - spending time with my grandchildren is one. I have tried to do my best."