Bombay High Court's fearless sense of independence saved Indian democracy during Emergency: CJI DY Chandrachud

Chief Justice of India (CJI) DY Chandrachud on Saturday said that it was Bombay High Court's fearless sense of independence that saved Indian democracy during the Emergency in 1975..At a function held at the Bombay High Court to felicitate him for taking over as CJI, he referred to Justices RM Kantavala and VD Tulzapurkar, as well as other former members of the Bar and the Bench of the Court, to stress the Court's fearless sense of independence."So many of you, here as judges, have appeared before me. I am sure you have also appeared before many I have spoken about. It was a fearless sense of independence of our Court which saved Indian democracy in 1975, when you had the likes of Justice RM Kantavala or Justice VD Tulzapurkar. They were the judges who said that the writ of habeas corpus must be available even when Article 21 is suspended during the time of an Emergency," he said..He added that the Indian democracy still stands firm because of the fierce tradition of the Bombay High Court and its judges who have come together to hoist the flag and torch of freedom."So, that is how Indian democracy still stands firm, because of the fierce tradition of our own Court, of the judges of the Bar who have come together and hoisted the flag. The flag and the torch of freedom for which our Court stands and has always stood," CJI Chandrachud said..Reminiscing about his days as a lawyer in the Bombay High Court, the CJI said that when he needed to think about a case, he would usually sit in the last row of the Central Court to concentrate on what he was going to argue. However, he said that he couldn't help but be influenced by the two portraits in front of him."Lokmanya Bal Gangadhar Tilak and Dr BR Ambedkar. And, that plaque which resides firmly, and I say 'firmly' with a sense of purpose. Behind this Court, is an emblem (the plaque) of the fearless instinct of the Bombay High Court. Because the Tilak sedition trials in 1897 and 1908 took place within the precincts of this Court," he said..The CJI also referred to eminent Bombay High Court jurists Dr Pandurang Vaman Kane, Dr BR Ambedkar, Pherozeshah Mehta, KM Munshi, HM Seervai, Nani Palkhiwala, and Roshan Dalvi to stress the debt of gratitude we owe to them."Because after all, we are just pilgrims in this great institution which has seen people come and people leave. Some more eminent than the others, but all in the same tradition of the cause of compassion and justice," he added..Clarifying that he did not mean to be patronizing, the CJI offered some pointers for the judges of the Court. He said that the strength of Bombay High Court lies in its ability to formulate law for the future and urged judges to take time for themselves to step back and formulate doctrine."I know that judges are hard-pressed for time today; the volume of litigation has undergone a quantum increase in terms of leaps and bounds. But do step back and take time for yourself to formulate doctrine, because that would be the key to sustaining the High Court in the future," he said.Apart from the ability to write, he emphasized on the ability to assimilate diverse strands of thought and expression."Of course, we are duty-bound to judge, because that's our duty and our oath under the Constitution. But, at the same time, I do believe it's important not to be judgmental on the lives of others. Be accepting of the right of others to live the lives that they want to live unless they transgress the law. And, even if they transgress the law, it's important that we understand why people do as they do, because that gives us some sort of an insight into what befalls even the worst of crime in our society," he stated.Lastly, he emphasized that judges must do everything they can to attract the best talent into the Court. According to him, judges have a vital role in providing mentorship to the bar.

Bombay High Court's fearless sense of independence saved Indian democracy during Emergency: CJI DY Chandrachud

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