We Must Do Our Duty To Keep Common Man's Faith Alive In Judiciary : Justice Sudhanshu Dhulia

In his farewell ceremony organized by the Supreme Court Bar Association, Justice Sudhanshu Dhulia said today that it is common man's faith which has kept the judiciary alive and judges as well as advocates must do their duty to keep that faith.

"Common man's faith has kept judiciary alive. Lawyers were in the forefront of the freedom struggle. Lawyers must speak with courage, be fearless. People in this country look towards us with hope. We must do our duty to keep our faith."

With this remark, Justice Dhulia highlighted how if a villager in a remote area of the country is hassled today by tehsil authorities (or someone else) he knows he can get something called a 'stay' from the High Court when he's had enough: "He says I will go to High Court and I will get a stay...that villager knows that Courts give something called a stay!"

Looking back at his tenure of over 3 years as a Supreme Court judge, the judge impressed upon the audience that if there is a craft or method to learn 'how to judge', it is that of becoming a 'judge of facts' rather than a 'judge of law'.

"A judge of law may sometimes not be able to do justice in a given case inspite of his deep knowledge, very sharp intellect. Precisely because he's a judge of law, he may be tied down by case laws and the law...in order to do justice in a given situation, he has to become a judge of fact. If there is really a craft, a method of judging, which has to be learnt, it is how to become a judge of fact from a judge of law where the situation demands. It's a judge of fact who will know that before a person can live honestly, he has to live."

Justice Dhulia also underlined the significance of a judge's demeanor and opined how judges' personality is shaped not just by their judgments, but also by their behavior with litigants and advocates.

"Every day a judge sits in court dispensing justice, there is a man sitting somewhere in the corner who is judging the judge. It's very important how a judge behaves with litigants and lawyers. Public will judge you not just by your judgments, but your personality as a whole."

Among many public figures/writers quoted by the judge during his address was Justice Krishan Iyer, who once said, "Courts too have a constituency - the nation - and a manifesto - the Constitution". The address ended with Justice Dhulia thanking his staff and expressing gratitude towards his family.

CJI BR Gavai, who also presided over the event, also bid farewell to Justice Dhulia with a speech carrying unique personal touch.

"For the lawyers who stood before him, he was a symbol of fairness. His calm demeanor and patient listening created an atmosphere which made even difficult cases seem relaxed. His treatment of court staff speaks volumes. He always remained grounded. For his law clerks, he was more than a boss. Guided them in their personal growth also", said the CJI.

On Justice Dhulia's penchant for arts and cinema, CJI remarked,

"Had he not chosen legal profession, he would have excelled as a film maker or actor. His passion for arts was always evident. On a lighter note, had he stepped into his brother's (film writer Tigmanshu Dhulia) shoes as Ramadhir Singh in Gangs of Wasseypur, I believe that character would still have been unforgettable!"

The CJI, who is due to retire in November, also humorously added that he was glad to be making the last retirement speech of his tenure and that he would love to join Justice Dhulia after that in playing golf.

Attorney General R Venkataramani also spoke on the occasion and reminisced Justice Dhulia's words during the hijab case (which pertained to restriction on Muslim girl students wearing Hijab in educational institutions in Karnataka).

"Justice Dhulia brought out subtle interplay of emotions...earlier as well, I referred to the Hijab matter...the judge said, if a girl wants to wear hijab inside classroom, she cannot be stopped. If it is worn as a matter of choice, as it may be the only way for a conservative family to permit her to go to school, in those cases, her hijab is a ticket to education."

Senior Advocate Vikas Singh (SCBA President) on his part lauded Justice Dhulia for his judgment of 'immense social impact' in the hijab case.

"His judgment on hijab - the social impact of the judgment is immense. What ultimately are we doing by insisting on hijab? We ultimately will end up actually ensuring that lot of these girls don't come to regular school and go back to madrasas. Are we wanting to achieve that? Is that the ultimate objective? The objective is to enforce certain amount of discipline. His judgment has the impact of ensuring that every section of society remains part of mainstream India."

Singh further praised Justice Dhulia's decision to vacate his official residence a day after his retirement as outstanding. Recalling how CJI BR Gavai has also indicated that he would vacate his official residence in time, he said that such actions would enhance prestige of the Supreme Court, which recently witnessed a controversy over a former CJI not vacating his official residence and overstaying for atleast 8 months.

Earlier in the day, as part of a ceremonial bench, Justice Dhulia expressed that the Supreme Court, where lawyers and litigants come from all parts of the country, was 'Hindustan' in its true essence and he would miss that about it the most.