Advocates Shouldn't Decline Judgeship For Economic Reasons, Must Consider Duty to The Nation: Justice Dipankar Datta

“I wish to touch upon the disinclination of advocates of some standing not respecting the call of the Chief Justice to switch sides. Some may have genuine difficulties...But those who decline on economic considerations must be impressed upon to consider the duty they owe to the people of the nation and revisit their decision not to switch”, Justice Datta said.

Justice Datta was addressing a gathering organised by the Bar Council of Maharashtra and Goa (BCMG) in Mumbai to felicitate him. Supreme Court Judge Justice Abhay S Oka and Acting Chief Justice of Bombay High Court Justice Nitin Jamdar, and various other Bombay HC judges also attended the event.

Recalling his tenure as the Chief Justice of Bombay High Court, Justice Datta shared that he used to receive many complaints about the lack of sufficient judges in the HC. However, the Chief Justice’s hands are tied in this matter, he said, adding that there has to be pool of advocates to recommend for elevation in the first place.

Justice Datta emphasized on the importance of elevating advocates at a younger age, as appointment of judges at 53-54 years of age will lead to shorter tenures.

“And there's no good appointing judges say at the age of 53, 54, they would be there only for 7-8 years. I have always stressed upon catching the advocates young. But for that I need the concurrence of the advocate to join the bench. That was sadly lacking in many a case”, Justice Datta said.

He also requested senior lawyers to impress upon their Juniors the importance of joining the bench. He said that this aspect needs to be addressed, otherwise, there will not be sufficient judges in the collegium of the Supreme Court. “Otherwise as Justice Oka has said, after 2025 November till at least 2029, there will not be a single Bombay High Court judge in the collegium of the supreme court....now if we appoint judges at the Bombay High court at the age of 48, 49, 50 onwards, we don't get sufficient number of judges in the collegium”.

Justice Datta also shared three issues on which he felt he should have worked at a greater pace during his tenure as the Chief Justice of Bombay High Court. First was regarding setting up new premises of the HC at Bandra Kurla Complex (BKC). Second issue was regarding a HC bench at Kolhapur. Justice Datta said that he never said no to the new bench, but it requires deliberations and only then can be considered. Third issue was regarding a PIL in the Bombay HC against boards with photos of political leaders all over the city. Justice Datta shared that he tried his best to get many such boards removed but felt helpless when he found such a board on the compound wall of the Chief Justice's bungalow itself.

An avid cricket lover, Justice Datta concluded his address by comparing the role of Chief Justice to that of a cricket team captain.

“As the captain of the cricket team, you know who are your best players on the field, while you position them for taking catches or obstructing boundaries. As a Chief Justice, you will also have to think who are your players that can cater to a particular subject best. That is how you set the roster. So therefore, I owe a lot to cricket, my first love.”

Justice Abhay Oka also spoke about the issue of space in the Bombay High Court premises in his address. He noted that out of the sanctioned strength of 94 judges, the actual number of judges in the HC has crossed 70 only once. He agreed with outgoing judge Justice RD Dhanuka's view that at least 50 judges are needed at the principal bench of the HC. However, even if the judges are appointed, there isn't sufficient space in the premises for them to sit, Justice Oka said. Thus, he appreciated Justice Datta's efforts towards ensuring allotment of land for new HC premises in BKC.

Advocate General of Maharashtra Dr. Birendra Saraf, Additional Solicitor General of India Anil Singh, BCMG Chairman Vivekananda Ghatge, Vice Chairman Uday Warunjikar,  BCI Chairman Manan Kumar Mishra, as well as members of bar councils of various states were also present at the function. 

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