‘Judges who have expectations from others should show courage themselves…’ Supreme Court Justice Kaul said in the presence of CJI

Supreme Court judge Justice Sanjay Kishan Kaul said on Friday that courts are temples of justice and its doors should always be open for litigants because when a common citizen reaches the apex court, he is very tired of fighting the case. Along with this, he said that if judges expect courage from other institutions in democracy, then they themselves should also be courageous.

Justice Kaul will retire on December 25 after a tenure of more than six years and 10 months as a top court judge. He addressed the people at the farewell function organized by the Supreme Court Bar Association (SCBA) on his last working day. Supreme Court Chief Justice DY Chandrachud was also present on this occasion.

He said, ‘I have always believed that courts are temples of justice and its doors should always be open for litigants. The Supreme Court is the last resort for litigation and litigants, especially by the time they reach this (supreme) court, are tired of fighting the case. However, lawyers and judges are present for them.

‘The fearlessness of the judge is very important’
According to the report of Bar and Bench, while addressing his farewell ceremony, Justice Kaul said, ‘The fearlessness of a judge is very important. If we cannot show that even after constitutional protection, then it will be very difficult for other institutions to show character. The Bar will have to stand for the independence of the judiciary. The judiciary will have to be supported and their mistakes will also have to be corrected.

Justice Kaul also talked about the decreasing tolerance among the society and common people and said, ‘As a society, we should be tolerant towards each other. Tolerance has reduced at the international level. Now is the time for the human species to learn to live with each other, so that the world can become a greater place to live in.

Recalling his days in the apex court, he said that it is the contribution of the Supreme Court that access to justice has been uninterrupted at all times. “The challenges faced by the litigants who approach this court for resolution of their disputes should be foremost in our minds while delivering justice,” he said, adding that he had gained experience as a judge in the Delhi High Court.

CJI Chandrachud became emotional on farewell

The occasion was the farewell party of Supreme Court judge Justice Sanjay Kishan Kaul. Justice Kaul retired on Friday after completing 6 years of tenure in the Supreme Court. In the farewell party, CJI Chandrachud remembered his 47 years old friendship with Justice Kaul and narrated many stories.

Justice Chandrachud told that he had met Justice Kaul for the first time in St. Stephen’s College. We were the students of the first batch after the Emergency. They used to talk a lot in the canteen. We both loved theater and this brought us closer.

CJI DY Chandrachud said, Justice Sanjay Kishan Kaul had contested student union elections during his college days and we supported him. Since I was strong academically, I was given the responsibility of preparing their election manifesto. In those days, Justice Kaul used to have a red colored car. He met with an accident during the elections and we thought that he would get some votes out of sympathy, but it did not happen.

LLB also done together
CJI Chandrachud told that after studying from St. Stephen’s, we together took admission in the Campus Law Center of Delhi University and studied LLB. During LLB days, Justice Sanjay Kishan Kaul’s notes were famous in the entire college. Justice Kaul used to ask fellow students which class they bunked and gave them their notes.

Justice Kaul did not want to enter the legal profession
In the same program, CJI Chandrachud revealed that Justice Kaul did not want to enter the legal profession. The CJI said that I am fortunate that Justice Kaul chose law as a profession, because it was not his first choice. He loved travelling, hence wanted to join the foreign service but later Chief Justice BN Kirpal persuaded him to join the law profession.

Chief Justice Chandrachud said that Justice Kaul gave many important judgments while being a judge of the High Court, which shows his understanding of justice, sensitivity and responsibility towards the Constitution. Giving an example, the CJI said that in the case ‘Maqbool Fida Hussain vs. Rajkumar Pandey’, Justice Kaul had taken the side of creative freedom. In this case, Maqbool Fida Hussain’s painting of Bharat Mata was challenged by terming it obscene.