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"Young Lawyers Should Sit In Courtrooms In Free Time To Watch Judges" : Justice Vineet Saran On Learning Court Craft
Srishti Ojha
10 May 2022 8:48 PM IST
While speaking at the farewell event organised in his honour, Justice Vineet Saran on Tuesday emphasised on the need for lawyers to learn the court craft and advised the young members of the Bar to sit in courtrooms in their free time instead of whiling time in canteens or having coffee."They should watch judges and must know what the judge wants. To learn that is also part of court...
While speaking at the farewell event organised in his honour, Justice Vineet Saran on Tuesday emphasised on the need for lawyers to learn the court craft and advised the young members of the Bar to sit in courtrooms in their free time instead of whiling time in canteens or having coffee.
"They should watch judges and must know what the judge wants. To learn that is also part of court craft", Justice Saran said
Today was the last working day of Justice Vineet Saran as he retires as Judge of the Supreme Court of India, and a farewell event was organised for him by Supreme Court Bar Association in the presence of CJI NV Ramana, Supreme Court Judges, Solicitor General Tushar Mehta, and members of the Bar.
Justice Saran also said that court craft is something which is necessary not only for lawyers but also for the Judges.
While saying that judges also need to do some court craft, Justice Saran shared his own court craft which he followed where he would show that he was angry during hearings when in reality when he wasn't.
"Normally I don't like to get angry, but as matter of court craft I've had to show that I'm angry. That is court craft of judge one has to see. If I've hurt feelings of any member of the Bar, i be excused for that because I didn't mean to harm or hurt anyone." Justice Saran said.
While comparing the Bar and the Bench to Lord Krishna guiding Arjun on the chariot in Mahabharat, Justice Saran said that it is the Bar which is Lord Krishna and guides the Bench.
"It is said that Bar and the Bench are two wheels of the chariot, and the chariot generally talked about is one on which Lord Krishna and Arjun were there, where while Lord Krishna used to guide, Arjun used to fire. In the present scenario its the Bar which is Lord Krishna which guides Arjun, which is the Bench", he said.
Justice Saran further said that the role played by members of the Bar is as important, if not more, than that of the judges and without assistance from the Bar, no Judge can write a good judgement.
"Quality of judgement depends on quality of arguments advanced by members of Bar. So they are Lord Krishna who guide judges & take them forward",Justice Saran said.
Justice Saran concluded his address saying that "In cricketing terms, I'm the batsman who's facing the last over, and at the moment the last ball, and i hope to face it well and remain not out. Thankyou"
The Chief Justice of India NV Ramana said that Justice Saran is a compassionate person conscious of social realities, and people with genuine cause never went back empty from his courts.
He further said that there is a saying that law is true embodiment of everything that's excellent, and he believes that judges themselves should personify fairness and equity which the legal system is built on.
The CJI said that he heard that some lawyers told Justice Saran on his last day that he was a popular judge, and he asked them to not call him a popular judge, but to call him a fair and equitable judge instead.
While saying that Justice Saran is a fair and equitable judge, the CJI said that he is also a man of people.
"Retirement means he may get some freedom which he lost as judge. He need not bother about restrictions the office had, he's a free man free citizen and can express his opinions freely", CJI said.
Responding to statements made by the President and the Secretary of the SCBA thanking him for permission to use the new building's auditorium to hold the farewell, the CJI said that the entire credit for the same goes to the Judges Committee including Justice UU Lalit, Justice DY Chandrachud, Justice BR Gavai, Justice Sanjiv Khanna and Justice Surya Kant
"They worked hard. they ultimately solved the problem. I'm very happy. Any achievement during my tenure is a collective achievement and credit should go to all", the CJI said.
Responding to Senior Advocate Vikas Singh's statement that the Bar has been made to feel that they are equal stakeholders of the Institution, the CJI said "I believe in democratic way of functioning, and we must record suggestions, everyone's view has to be considered and then decisions have to be taken, only then we'll work well. Mr Singh is right, we are equal partners but some restrictions have to be there, which I'm sure he'll understand".
Solicitor General Tushar Mehta said that Justice Saran holds the rare distinction of being on bench of 4 different Courts and during his tenure he's been a part of 325 judgements. His contribution in shaping law and jurisprudence of this nation is remarkable
The SG further said that Judges have to maintain delicate balance between being human and being a judge what to deliver justice within constraints, and in criminal cases, Justice Saran exhibited his humane face.
Senior Advocate Vikas Singh, President SCBA said that Justice Saran's presence will be dearly missed and he will be remembered for polite demeanour, ability to understand complex issues in short span of time, his judgements and his encouragement to the members of Bar
He also said that Justice Saran is a strong believer of quality over quantity, and according to him, a lawyer must be alert enough to observe responses of judge and mould his arguments accordingly.