Former Supreme Court Justice Abhay S Oka on Wednesday said that while serving as a judge, he would have declined invitations to speak at events organised by the Adhivakta Parishad due to what he described as its political inclination..He explained that judges are bound by several constraints to preserve institutional neutrality and public confidence in the justice delivery system.“For example, if as a sitting judge, I was invited by Adhivakta Parishad to speak on its platform, I would have politely said no, because my belief was Adhivakta Parishad does have political inclinations,” he said..Justice Oka was speaking at an event organised by the Adhivakta Parishad Supreme Court Unit on the theme Robes Cannot Be Rented..During his address, Justice Oka said that even after retirement, judges of constitutional courts must exercise restraint and avoid assignments that may undermine the dignity of judicial office..Attending RSS Seminar doesn’t prove bias: CBI in Kejriwal plea for Justice Swarna Kanta Recusal.Referring to extradition proceedings involving fugitive accused, he expressed the view that retired judges should ordinarily avoid giving legal opinions at the request of such individuals. However, he clarified that where a foreign court independently seeks assistance, there would be nothing improper in a retired judge offering expert assistance.Justice Oka was referring to recent extradition proceedings involving fugitive businessman Nirav Modi. He said that the controversy surrounding opinions expressed by retired judges should be examined objectively rather than reacted to hastily. He stressed that criticism of the Indian legal system abroad should prompt introspection and reform..He identified denial of bail in deserving cases and prolonged pre-trial detention as major concerns affecting the credibility of the justice delivery system. According to him, accused persons are often subjected to incarceration that effectively becomes punishment before trial.He also highlighted overcrowded prisons and custodial deaths as significant structural concerns, noting that liberty of prisoners remains protected under Article 21 despite detention..Justice Oka emphasised that fairness of criminal trials remains a strength of the Indian legal system. Citing the example of Ajmal Kasab’s trial, he said that procedural safeguards ensured fairness even in cases involving grave offences.Addressing systemic delays, Justice Oka attributed prolonged trials largely to inadequate judicial strength. Referring to a 2002 Supreme Court direction recommending a judge-to-population ratio of 50 judges per million people, he noted that the judiciary currently functions at nearly half that strength.He also raised concerns about delays in judicial appointments, observing that prolonged gaps between Collegium recommendations and government approval discourage successful lawyers from accepting elevation to the Bench.Justice Oka further flagged poor judicial infrastructure as a continuing challenge affecting efficiency of courts..Concluding his address, Justice Oka said that meaningful reform requires strengthening judicial capacity, ensuring timely appointments and improving infrastructure so that confidence in the legal system remains in tact..[Read Live Coverage]
