Rough & Ready Justice Anathema To Rule Of Law; Courts Must Subserve No Might But Constitution : CJI DY Chandrachud

CJI was speaking at the Foundation Stone Laying Ceremony for the construction of three Court buildings at Karkardooma, Shastri Park and Rohini. Present among dignitaries were the Acting Chief Justice of Delhi High Court Justice Manmohan, Supreme Court Justices Hima Kohli, Justice Amanullah, Lieutenant Governor of Delhi VK Saxena and Minister of PWD Atishi.

While delivering his presidential address, CJI brought attention to the story of Rama Kamathi trial of 1720. A wealthy noble from the province of Bombay who was accused by the Governor General of conspiring with a Maratha Naval pirate. In his trial, a hearsay piece of evidence, fabricated with an alleged letter written by Kamathi to the pirate, was used. As a result, he was convicted.

“Rama Kamati's property was confiscated and auctioned in which the Governor himself claimed an amount of rupees thirty two-thousand. As Rama Kamati languished and died in jail, it was conclusively proved outside court that the evidence against him was fabricated and the charges were in fact false.,” CJI added.

It was in this context that the aforementioned observations were made. 

"The story of Rama Kamati is a reminder that rough ready and handy justice is an anathema to the rule of law and procedural guarantees which we have all come to cherish. The foundation of a court must be sound – both in its structural and philosophical capacity. It must subserve no might but the Constitution and be in service of no one but the litigants. Our courts are not merely sights of sovereign power but are also essential public service providers."

Climate change can no longer be ignored

Continuing with his address, CJI also spoke about how climate change can no longer be ignored, and our infrastructure must reflect the reality we live in. In this context, he highlighted the fact that this year, Delhi experienced the hottest record in weather. Apart from this, the national capital has also experienced two heatwaves followed by record-breaking rain in a single day.

Furthermore, he informed that these Court buildings are GRIHA (Green Rating for Integrated Habitat Assessment) rated buildings that would have shaded facades, diffuse natural light inside the buildings, and significant capacity for storage of water, including rainwater, among other environmental measures.

He went on to say that one crucial step is to incorporate a green lifestyle into our lives, which includes reducing carbon emissions. Acknowledging that Courts are the largest guzzlers of papers and are amongst the largest destroyers of trees for their work, he stressed that the same has to be taken care of.

Thereafter, speaking about the accessibility measures in Court buildings, he invited his audience's attention to an interesting story.

“I am reminded of a story where disability rights groups have been requesting accessibility measures at the historical monuments in India. When Stephen Hawking came to India, he wished to see historical monuments particularly those in Delhi. To enable his movement, temporary wooden ramps were installed at four historical monuments. It is believed that if you touch the Qutub Minar and make a wish, it comes true. When Hawking was asked what he wished for at Qutub Minar, he said, I wish when I leave these ramps will remain.”

Taking a cue from this, he said that when we invest in the safety, accessibility, and comfort of our Judges, lawyers, and litigants, we build more than a just and efficient system. We make for a just and inclusive system, he added.

In conclusion, CJI said that he hopes that these new additions to the courts will embrace its rich legacy and create futuristic courts to enhance efficiency and uphold justice.

The event can be watched here.