Perception That A Judge Is Independent Only If Judgments Are Passed Against Govt Is Wrong : Justice Ajay Rastogi

Outgoing Supreme Court judge Justice Ajay Rastogi, in his farewell address, said that it is a wrong tendency to describe a judge as "independent" only if the judge passes orders against the government.

"If someone wants to say I am an independent judge or an unbiased judge, because I decide the matter anti-establishment, gave opinion against the government.. I say NO. We are supposed to decide matters based on the material before us. You make a comment against government everyone is happy- finest judge they'll say. This is what is perceived by the people and the media picks it up as well. This practice needs to change", Justice Rastogi said in the farewell organized by the Supreme Court Bar Association.

"I may decide a matter pro or anti establishment, but we decide based on the material on record. Justice is when you hear patiently, give parties an opportunity of hearing and decide the matter on the basis of evidence", Justice Rastogi said while pointing out that media is "happy" if the judgment is against the government.  "This court is not concerned who is on the right or the left. This court is only concerned as to who is right amongst the two", he said. 

Justice Rastogi also called for introspection on the judicial system, where only those who can afford a battery of lawyers get hearing. "This court is meant for every citizen and for every complaint and whoever comes here must be given the same priority... the duty of the court is to see that man in last row must get indulgence as like the one in the first row. This court is for everyone, every grievance".

Chief Justice Chandrachud who presided over the farewell function lauded Justice Rastogi for his career of public service and his commitment to the pursuit of justice. “Justice Rastogi understands that in labour and service matters the Supreme Court is dealing with real people and their livelihoods.” Citing several judgments of Justice Rastogi in this regard the CJI said, “while as Supreme Court judges we decide abstract principles of law, these judgements which touch the lives of common citizens are a constant reminder that the lives of Supreme Court judges are inextricably linked with the life of citizens.”

Justice Rastogi is due to retire on June 17 during the summer vacation. The farewell was organised today as it was the last working day of the Court before closing for recess. 

Justice Rastogi was appointed a judge of the Rajasthan High Court on 2 September 2004. He was appointed chief justice of the Tripura High Court on 1 March 2018. He was appointed judge of Supreme Court of India on 2 November 2018.

Justices KM Joseph and V Ramasubramanian, who are also retiring during vacation, were also given the farewell today. 

Live-updates from the event can be read here :