‘Process Of Judging Requires Listening To Silences, Justice Is Delivered When Equities Are Balanced’: Justice Najmi Waziri Bids Farewell To Delhi High Court

While bidding farewell to the Delhi High Court on Friday, Justice Najmi Waziri said that the process of judging requires “listening to silences” and that justice is delivered when equities are balanced.

“Often the relief is dictated in the court. Yet there are occasions which require a judge to ponder to meditate to look for balance. The process of judging also requires listening to silences. While one may have read the file thoroughly, and may have formed an initial opinion of the matter, yet, after hearing arguments of counsel, the decision can be very different,” the judge said.

Justice Waziri, known for his contributions to the environment, particularly his orders directing planting of trees in the national capital, retired from service today. He was elevated as a judge of the High Couet on April 17, 2013.

“One realizes is that there is no such thing as perfect justice. Just as justice is never perfect, nor is any institution. It is the balancing of equities at the time of judging that justice is delivered. It is here that the assistance of counsel becomes of immeasurable value. There is no greater pleasure than being assisted by advocates who have come fully prepared,” Justice Waziri said.

The judge said that while the social world narrows for a judge, the inner world grows.

“The world of the mind becomes richer. Penning a judgment often requires deep reflection, careful consideration, compassionate and rational conclusion. Often it takes time, much mulling over and a good amount of reading. But that time is well justified,” he added.

Justice Waziri also fondly remembered his late mother and father and said that he would not have been where he is today without their boundless affection and blessings. I did not get to live with them for nearly half a century, he said.

“On reflection, I find I have learned three valuable lessons from my parents. One, my father always maintained that one should never fear a human being. Two, one should at all times be truthful, and three, from my mother I learned that I should never be haughty or conceited so that I save myself from being cursed by the oppressed. “Kabhi ghamand guroor na karna, aur kabhi kisi gareeb ki haaye na lena,” as she would always say. I think I have embodied these principles in my conduct to the best of my ability,” Justice Waziri added.

The judge further said that he came to Delhi 43 years ago with no legal lineage, no political godfather and no one to watch his back, however, over the years, he found a support system in the Bar.

“….year after year young lawyers from various parts of the country come to the city, struggle and grow and the Bar unceasingly takes them in, makes a space for them, gives them a sense of belonging,” he said.

He added: “I remember the day 43 years ago, when I arrived in Delhi with my clothes in a metal trunk, my bedding and a princely sum of Rs. 100 as my month’s expenses. I made my way to St. Stephens. I was quite literally a nobody from nowhere but this city embraced me as one of its own. St Stephens took me in and made me what I am today. Though of course as a joke in college goes, let’s not blame the college for it.”

Justice Waziri also gave an advice to the the members of the bar, i.e. “prepare, prepare, prepare.”

Regarding the appreciation of his efforts towards greening the city, Justice Waziri said that it was something that happened as a collateral in the course of his adjudication and an Interplay of the powers of the High Court under Articles 226 and 215 of the Constitution of India read with section 482 of the CrPC.

“I found when there's a scope, or chance of healing wounds and making amends, the best way possible was to direct the litigant to do something for the city or its environment or the surrounding or his neighbourhood. It seemed a more prudent way of utilizing people's monies and time, than by sending the cost imposed on the various parties, various funds where it may lie unutilized for decades to come,” the judge said.

He added: “Boond boond se hi saagar banta hain, every single effort, every tree that has been planted here, that has taken root in the soil and will count in the years ahead. It was heartening to see people want to come to become a part of this process to take ownership to have the agency in the direction of the court and to the extent to which the court could encourage community participation. I can say that it has been a very rewarding effort.”

As ASG Chetan Sharma said that a total of 3.7 lakhs trees have been planted in Delhi in the past five years due to constant orders of Justice Waziri, the judge said:

“20,000 trees are in the process of being planted and we have enough money for 2.5 lakh more trees to be planted which has already kept in the escrow account. And it's an account which we have named “Green Delhi Account.””

He added: “This can go forward only with the participation of people at large, citizens, because the government alone cannot do everything. Sometimes, especially at these times, citizens have to take charge. They have to be in charge.”

Justice Waziri concluded his address by quoting poet Sahir Ludhianvi, "Kal aur aaenge, nagmo ki khilti kaliyan chunne waale, hum se behtar kehne waale, tumse behtar sunne waale."

Also Read: Delhi High Court's 'Green Judge' Justice Najmi Waziri Retires Today: 'May Each Tree Extend Your Life', Say Lawyers