‘Justice must never be defeated by tyranny of technicalities’: Justice Surya Kant

Making it clear that justice must not “be defeated by the tyranny of technicalities,” Supreme Court judge Justice Surya Kant on Friday said that the true purpose of law lies not in perpetuating conflict but in restoring social harmony.

Speaking at the Annual Litigation Conference 2025 on the theme “Comity of Courts and International Legal Cooperation in Practice,” Justice Surya Kant said the human element in justice must never be lost sight of in an increasingly globalised legal environment.

Recalling an instance where a mother in a custody dispute involving a child taken abroad asked: “When can I see my child again?” amidst debate by lawyers over treaties and jurisdiction, Justice Surya Kant said such moments remind the legal fraternity that “in our global debates, the human element must never be lost.”

The “distinguished guests” at the conference included Barbara Mills KC King’s Counsel, Chair of the Bar Council of England and Wales; Punjab and Haryana High Court Chief Justice Sheel Nagu and Bar Council of India chairman and senior advocate Manan Kumar Mishra. The organising team was headed by president Suvir Sidhu.

Justice Surya Kant said the Indian judicial system, often criticised for delays, had in recent years witnessed a powerful transformation, with courts increasingly emphasising conciliation and amicable settlement. “The system as a whole now stands united in its resolve to prioritise conciliation and amicable settlement over protracted contests,” the Judge said.

Referring to the “Mediation for Nation” initiative launched by the Supreme Court, Justice Surya Kant called it a landmark step towards embedding dialogue and understanding at the heart of justice delivery. The Judge said the idea behind the initiative was not to treat mediation as an “alternative mechanism” but to recognise it as the “first preferential mode of dispute resolution.”

“When I decided to launch this movement, the first issue I raised was to change our mindset and stop calling mediation an alternative. Mediation embodies the deeper constitutional ethos — it is not merely an alternative to adjudication but a constitutional value in itself,” Justice Surya Kant said, adding that it reaffirmed “our collective faith in compassion, consensus, and the healing power of justice.”

Justice Surya Kant cautioned that the court in the pursuit of procedural precision must not allow technicalities to overshadow substantive justice. “Justice, if it becomes the handmaid of procedure, ceases to inspire trust,” the Judge observed, adding that this principle must guide international judicial cooperation as well.

Justice Surya Kant noted that the current geopolitical landscape posed dilemmas of sovereignty, technology, and diversity, yet offered unprecedented opportunities for engagement and collaboration among jurisdictions. “Justice is not a commodity to be held within national borders. It is a universal aspiration. The comity of courts and international legal cooperation are the instruments by which we move closer to that aspiration,” the Judge said.

Addressing judges, lawyers, and academicians from across jurisdictions, Justice Surya Kant concluded with an appeal to strengthen bridges of cooperation among global legal systems. “Law is at its best when it builds bridges, not walls. Let this conference inspire us to build bridges of trust, respect and commitment so that the global fabric of justice grows stronger, more humane and more inclusive.”

Among other things, Chief Justice Nagu said the pendency in the Punjab and Haryana High Court was dipping by 1,000 cases a week. He added globalisation had transformed the nature of legal disputes. Commercial transactions, family relationships, cyber interactions, criminal activities often transcend national borders.

Barbara Mills KC reaffirmed that “India and the United Kingdom share a long-lasting and enduring relationship which will continue to evolve and endure.” The conference concluded with a collective resolve to translate the values into practice and strengthen the comity of courts through collaboration, compassion, and mutual respect.