From Oscar Wilde to Manjhi: Newly appointed SC judge Justice Dipankar Datta's penchant for film, literature and mythology references

Judges have often relied upon philosophers and writers to put forth their opinions in their judgments. Chief Justice Dipankar Datta of Bombay High Court, who has now been elevated to the Supreme Court, however, takes a more contemporary approach to do so..The judge has been known to give quotes from movies and references from mythological texts during court hearings and judgments to express his sentiments on cases which come before him.The theatrical references only befit his equally dramatic entry to Bombay.His appointment as Chief Justice came in the midst of COVID-19 lockdown in April 2020. After the Central government cleared his elevation as Chief Justice, the judge drove for over 2,000 kms from Kolkata to Bombay amid lockdown to take charge..Reference to Oscar WildeA month after taking charge, the judge was dealing with a PIL regarding burial of COVID infected individuals in grounds close to residential areas. In his judgment, the CJ quoted Oscar Wilde to describe death, whilst dismissing the petitions with directions to authorities to comply with guidelines issued by them..'Tryst with destiny' speech by Pandit Jawaharlal NehruIn June 2020, CJ Datta was hearing a clutch of petitions about facilities being provided during COVID-19.After hearing the counsel for government and the petitioner, CJ Datta in a detailed 96-page order made observations and suggestions to the authorities.He invoked portions of the speech - Tryst with Destiny - given by the India's first Prime Minister Jawaharlal Nehru on midnight of August 14, 1947 to remind the authorities that work to wipe tears and end suffering must go on..'Jatugriha' from MahabharatIn April 2021, the High Court took cognizance of fire accidents in hospitals in Maharashtra and directed the State to carry out fire audits.While doing so, CJ Datta said that hospitals cannot be fire hazard spots referring to 'jatugriha', the house made of lacquer in the Hindu epic Mahabharat by which Kauravas attempted to eliminate Pandavas albeit without success..'Titanic'In May 2021, CJ Datta was hearing a plea seeking priority vaccination for members of the judiciary, advocates and their staff.Referring to the film ‘Titanic’, CJ Datta stated that it would not be appropriate for legal fraternity to seek precedence over others who are equally at risk. He said that judiciary like the captain of a ship would stay on till the end, in the event of a catastrophe..'Kumbhakarna' from RamayanaIn August 2021, the judge was hearing petitions about the failure of the Maharashtra Industrial Development Corporation to issue Occupancy Certificate and Building Completion Certificate to multi-storied building.The CJ called the State government ‘Kumbhakarna’ (a character from Ramayana) for having failed to take appropriate steps at the right time resulting in friction between the two planning authorities. .'Alice in Wonderland' and Hindi song 'Mumbai meri jaan'In February this year, the High Court disposed of a suo motu PIL pertaining to building collapses in the city of Mumbai.In the detailed judgment authored by the other judge on the division bench, the Court gave directions to the municipal corporations to ensure dilapidated structures are managed well in advance to avoid loss to lives.In his short concurring opinion, CJ Datta began by quoting the English classic ‘Alice in Wonderland’ and compared his curiosity about the city to Alice’s curiosity about the wonderland.The judge also adverted to a popular Bollywood number ‘Mumbai meri Jaan’ while highlighting the huge gap existing between the ‘haves’ and ‘have nots’ in the city. .Reference to 'Bheeshma Pitahma' from MahabharatTwo months later, CJ Datta refused to entertain a PIL seeking guidelines for protection of members of Internal Complaints Committee (ICC) set up by private companies under the Prevention of Sexual Harassment at Workplace Act (POSH Act).Likening himself to the character of ‘Bheeshma Pitahma’ in Mahabharat, who despite being a powerful person, was helpless when Draupadi was disrobed, the judge asked the petitioner to approach Supreme Court instead as the High Court did not have powers..Reference to Hindi film Runway 34In a plea raising grievance against high rise buildings near the Mumbai International Airport, the judge had remarked that the air traffic control played a more crucial role than the pilot in aviation safety.To buttress this point he cited the Hindi film Runway 34..Reference to Dashrath Manjhi, mountain man (also a titular character in Hindi movie)Most recently, CJ Datta was hearing a PIL seeking directions to authorities to take measures to curb death of tribal children due to malnutrition and other lack of facilities.The CJ noted that while the State authorities were concerned, some more efforts was required.The judge cited an example of Dashrath Manjhi known as Mountain man (incidentally also made into a Hindi film) whose single handed efforts to carve a path in the mountain to ensure people in his village get access to road and hospital, were recognised by the government..[Read orders]