Deciding cases not easy, need to focus on repercussions too: CJI


New Delhi, Jul 2 (IANS): Chief Justice of India N.V. Ramana on Friday said deciding cases is not easy, and it is also important to take into account the repercussions of the judgment and the precedent it will set up.

In his address at the virtual farewell function of Justice Ashok Bhushan, organised by the Supreme Court Bar Association (SCBA), he said: "Deciding cases is not an easy task. We not only have to focus on the law and precedents surrounding the issue before us, as well as the facts of the case, but also the repercussions of what we decide and the precedent we may be setting."

CJI Ramana stressed that this makes it necessary for judges to be logical, objective and theoretically sound. "However, we should not lose sight of the people and their difficulties behind the cases. The little discretion that is given to us, is the area in which a judge has flexibility to display his philosophy," he added.

He noted that it is Justice Bhushan's philosophy which sets him apart from everyone else and he, with his remarkable judgments, has not only left an indelible mark in the history of the Indian judiciary, but, by virtue of being a humanist judge, has also left a mark in the minds and hearts of the people.

"The Bar is the protector of the institution. Lawyers must respect the institution and protect the judiciary from any onslaught which is likely to affect the functioning of the judicial system," he added.

Attorney General K.K. Venugopal said that compassion is the most important quality to be possessed by the judge of the apex court or any other. Citing Justice Bhushan's judgement for providing dry ration and community kitchesn to migrant workers continuously till the pandemic continues, Venugopal said it is an example of a judge filled with compassion.

Senior advocate and SCBA President Vikas Singh said it is a very emotional farewell and described Justice Bhushan as a fine gentleman. He said that Justice Bhushan wrote the famous addendum to the Ayodhya title dispute judgment and cited his immense knowledge on Hindu culture.

Justice Bhushan said after serving in the Supreme Court for five years, he was really moved by love and affection showered on him by judges and members of the Bar.

While he was supposed to retire on July 4, a virtual farewell ceremony was held for him on Wednesday as he had to attend the last rites of his mother, who passed away recently at Prayagraj.

On Friday, the SCBA and various Bar members of the top court organised a virtual farewell for him.

Born on July 5, 1956 in Jaunpur district of Uttar Pradesh to Chandrama Prasad Srivastava and his wife Kalavathi Srivastava, he graduated in Arts in 1975 and obtained his law degree from the Allahabad University in 1979. He enrolled as an advocate in Uttar Pradesh on April 6, 1979. After more than 20 years of successful practice, he was elevated as a permanent Judge of the Allahabad High Court on April 24, 2001. After a stint as the Chief Justice of the Kerala High Court, he was elevated as a judge of the Supreme Court on May 13, 2016.

 

  

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Comment on this article

  • sense_shetty, Mangalore ,Mical,Kodial,Kudla

    Fri, Jul 02 2021

    Yes Me Lord .Remember extra ordinary Man called Radha binod Pal and Indian who was a judge representing India for the Tokyo Trials during world war II . He was the only judge who did not toe the line of America and its allies .. out of the 10 Judge bench .. He strongly stood behind the Japanese generals .. Pls google Tokyo trails ..

    DisAgree Agree Reply Report Abuse

  • Jossey Saldanha, Nallasopara

    Fri, Jul 02 2021

    Where the mind is without Fear you will always Succeed ...

    DisAgree Agree [5] Reply Report Abuse

  • Sameer, Riyadh

    Fri, Jul 02 2021

    Or be like Ranjan Gogoi..give a judgement on a serious issue as dictated by the political top brass on the last day of your job and then get a plum post as gift in return.

    DisAgree [2] Agree [5] Reply Report Abuse


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