Judges must be bold to inspire display of courage: Justice Sanjay Kishan Kaul

Satya Prakash

New Delhi, December 15

Describing boldness as an important personality trait of judges, Supreme Court judge Justice Sanjay Kishan Kaul on Friday said they must be “bold if they expected other institutions in a democracy to display courage”.

Not fund collectors

It’s my belief that the boldness of a judge is very important. I do not believe we are the fund collectors of the government. Justice Sanjay Kishan Kaul

Justice Kaul was speaking at his farewell programme organised by the Supreme Court Bar Association. Justice Kaul is set to retire on December 25. Friday was his last working day as the court will remain closed from December 18 to January 1.

“Boldness of a judge is an important factor and with Constitutional protection if we cannot exhibit this, then it is difficult for other organs to show this character. Bar has to stand up for independence of judiciary and support judiciary and correct them as well,” Justice Kaul said while sharing the customary Bench with the CJI in court no. 1.

“It is my belief that the boldness of a judge is very important. I do not believe that we are the fund collectors of the government. The stakes are not important, what is important is what principle of law it carries. And this court has administered justice as expected without fear or favour,” said Justice Kaul who has been seen to be harsh on the government on the issue of delay in judicial appointments. He delivered several historic verdicts, including those on Article 370 and right to privacy.

The farewell function was attended by CJI DY Chandrachud, other judges, Attorney General R Venkataramani, Solicitor General Tushar Mehta, lawyers and the Supreme Court Registry staff.

CJI Chandrachud, who studied at St Stephen’s College and then at Campus Law Centre of Delhi University with Justice Kaul, described him as a “blessed man” like the Sanjay of ‘Mahabharata’ who could foresee things.

Talking about the judgments and orders passed by Justice Kaul, the CJI said he was not only a fine judge but also an able administrator. “He filled vacancies, reduced the pendency… In his six years at the highest court, he has left an indelible mark on the legal landscape of our nation. He has brought to the Bench a unique blend of wisdom, compassion and an unwavering commitment to justice,” the CJI said. Noting that he was demitting office as a “satisfied man”, Justice Kaul said: “I have never permitted anyone to disturb the court proceedings and that applies to my grandchildren as well.”

He said, “As a society, we must have tolerance for each other and internationally tolerance has gone down and it is time human species learn to live with each other so that world becomes a large place and not a small place to live.”