Justice must never be defeated by tyranny of technicalities: SC judge

Making it clear that justice must not “be defeated by the tyranny of technicalities”, Supreme Court judge Justice Surya Kant today 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 Kant said the human element in justice must never be lost sight of in an increasingly globalized 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?” amid 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.”

Justice Kant said the Indian judicial system, often criticised for delays, had in recent years witnessed a powerful transformation, with courts increasingly emphasizing 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 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 recognize 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 Kant said, adding that it reaffirmed “our collective faith in compassion, consensus, and the healing power of justice.”

He 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.

Among other things, Chief Justice Nagu said the pendency in the Punjab and Haryana High Court was dipping by 1000 cases a week. He added globalisation had transformed the nature of legal disputes.