Pursuit Of Justice Is Steady, Slowly Shifting Society & Strengthening Democracy : Justice Hrishikesh Roy In Farewell Address

Supreme Court Judge, Justice Hrishikesh Roy today (January 31) in his farewell speech expressed how the pursuit of Justice is to be seen in the slow yet steady advancement of society and democracy. 

Speaking at the farewell function organised by the Supreme Court Bar Association, Justice Roy recalled how his notion of Justice changed over time and experience, from a fresher to serving as a Judge. He opined : 

"As I look back on the years of my legal profession, I am struck by how much it has shaped me. You start out with idealistic notions believing that you are the voice of reason, the champion of Justice. To borrow the words of Benjamin Cardozo - Justice is not to be taken by storm, she is to be moved by slow advance - over the years and as a judge serving 2 decades, I have now realised that the pursuit of justice is steady, slowly shifting society and strengthening democracy." 

Justice Roy explained how he viewed each judgment or decision not just as a solution to a legal question but also as an embodiment of the ideologies, personalities and perspectives of the decision-makers involved. 

"To quote Tennison - I am a part of all that I have met- the lessons, the experiences, and the comradery that I have shared here will remain with me always"

"Preceding members of the bench have shaped the course of justice with patience, resolve and unwavering commitment to uphold the rule of law and safeguard the rights enshrined in our Constitution. Each decision and ruling was not just a legal matter, it was a testimony to their character, values and dedication to law."  He said. 

Reasoning as to why he encourages young lawyers to feel confident and comfortable in the Court, he shared a personal experience as a junior before then CJI YV Chandrachud. He recalled how he was tongue-tied in asking for a pass-over, then he asked again in a loud tone - "I got a sharp look from the CJI for what was a possibly unnecessary belligerent tone." 

Justice Roy - A Judge With Many Talents : CJI Sanjiv Khanna

During his address, Justice Roy recalled how he worked as a legal correspondent for the Law Tribune and the Press Trust of India. He also mentioned how he made creative programmes for Door Darshan, and Guwahati all while rejoicing his love for theatre. 

"My law reports were also published, and I was also enjoying my theatre exposure, some of the times I got roped into doing law-related programmes for the Guwahati door darshan, at that phase I had the privilege to interview both FS Nariman and Soli Sorabjee" 

CJI Sanjiv Khanna in his address also mentioned the 'multi-faceted personality' of Justice Roy as he was a patron for various arts and literature. He stated : "Justice Roy is a unique judge. The reason it is difficult to capture what Justice Roy means to us is because of his multi-faceted personality.....J Roy has always been different, bringing his own vibrant personality into the bench while being nothing short of outstanding in his work" 

Considering the vast knowledge and well-rounded personality of Justice Roy, the CJI added how Justice Roy could envision being successful in creative career paths as well. He expressed : 

"Justice Roy is one of those rare personalities whose geniuses extend beyond their profession. While we are lucky to have Justice Roy the judge he would have been equally successful as Justice Roy the actor, a quiz master and perhaps in today's world a stand-up comedian."

He further highlighted the encouragement Justice Roy gives for creative expression be it through theatre, books or music : 

"Justice Roy swears by his love for theatre, a passion he shares with those around him, often encouraging his law clerks and interns to attend plays. He is also a trivia buff, a voracious reader and served as the president of the Guwahati Music Society, in short, he knows everything about everything." 

The CJI also lauded Justice Roy's endeavour to produce two films- Shaako the Bridge and Apne Ajnabi on racial discrimination, "This makes him the only SC judge with an IMBD credit to his name!" he said. 

Meticulous At The Bench And Favourite Of The Bar: CJI Sanjiv Khanna Laud's Justice Roy's Professionalism 

The CJI lauded the hard work and attention to detail that Justice Roy had in his work, coupled with his humane and compassionate approach towards the litigants and lawyers. He said : 

"He is extremely meticulous in his quality and preparation I have witnessed while sharing the bench. J Roy's compassionate judicial approach reminds us that each case before the court represents real people with hopes, struggles and aspirations." 

Noting Justice Roy's signature trait of giving recognition to young lawyers arguing before him and making them feel comfortable, the CJI added :

"Through respectful treatment of both litigants and juniors, he assured how the court can maintain the authority without losing sight of how individual lives are impacted." 

The CJI also referred to Justice Roy's encouragement towards Alternate Dispute Resolution and expertise in analysing the potential and challenges of ADR ahead. He also mentioned how Justice Roy's expert foresight could be seen when the 7 judges' Constitution Bench in  Re Interplay Between Arbitration Agreements upheld the dissenting opinion of Justice Roy in NN Global Merchantile v. Indo Unique Flame. 

In NN Global, the majority held that an arbitration agreement within the meaning of Section 7 of the Arbitration and Conciliation Act attracts stamp duty and which is not stamped or insufficiently stamped cannot be acted upon in view of Section 35 of the Stamp Act unless following impounding and paying requisite duty. 

Justice Rastogi and Justice Roy however dissented saying that non-stamping or insufficient stamping of the substantive instrument would not render the arbitration agreement unenforceable. The minority judgment noted that stamp deficiency being a curable defect would not render the arbitration agreement void.

Later the Supreme Court in Re Interplay Between Arbitration Agreements set aside the majority view. It held that arbitration clauses in unstamped or inadequately stamped agreements are enforceable. 

Justice Roy, in his parting words from the bar, quoted Oscar Wilde and said : 

 "I am reminded of Oscar Wilde who said that some cause happiness wherever they go and others, whenever they go- I hope posterity will place me in the appropriate category, Sayo Nara to all members of the legal fraternity" 

Attorney General for India R Venkataramani and SCBA President Kapil Sibal also addressed the event. 

Also Read - 'Smiling Judge, Buddha-Like, Lover Of Arts & Sports' : Supreme Court Bids Adieu To Justice Hrishikesh Roy, Lauds His Compassion