Having Supreme Court in New Delhi alone is injustice to most people in the country: Justice N Kirubakaran retires

Limiting the seat of Supreme Court of India to New Delhi alone results in injustice to most people in the country outside Delhi, Madras High Court judge Judge, Justice N Kirubakaran said on Thursday, as he bid adieu to the High Court. .In the judiciary, Delhi and Bombay are power centers, while other States are not properly represented in the Supreme Court, Justice Kirubakaran observed. ."It is a fact," the Judge commented, going on to add:."The Hon'ble Supreme Court is meant for the entire population and not (only) the people living in and around New Delhi. Keeping the Supreme Court in New Delhi alone is injustice done to most of the people. It is said the Supreme Court on the administrative side rejected the setting up of regional Benches. I hope that the Hon'ble Supreme Court would reconsider the decision and permit the setting up of regional Benches.".The judge further observed that if this move is not initiated from the Supreme Court's side, the Central government has to necessarily amend the Constitution and allow the the creation of regional Benches "to do justice to the people in every corner of the country.".Justice Kirubakaran, who is known for being an activist Judge, also shared his thoughts on why he did not always stick to the strict confines of rules while dealing with cases. ."People used to criticize me as a publicity monger, committing judicial overreaching, and not going by rules. Yes, irrespective of the legal points, I weighed my dharma, dehors the rules and regulations. After all, rules are handmaids of justice. Many times, strict compliance frustrates the object. Sometimes, I used to conduct judicial khatta Panchayat, which is necessary in the interest of justice and the parties", he said. .He pointed out that each case is unique and requires distinct treatment according to the facts of such case. Pertinently, the judge opined that the precedential system of deciding cases must be done away with. ."The pulse of the case has to be read and required treatment has to be given like providing appropriate treatment like physician. I applied law to the facts, not vice versa. In my opinion, the law of precedents is to be dispensed with. A principle laid down in a case may not be binding on subsequent cases which have different facts. Knowing too much of citation would destroy a judge's independence in deciding the cases," he said. .The judge went on to state that while he is demitting office with the satisfaction of rendering justice according to his conscience, he failed in his efforts to streamline the legal profession and the legal education. The farewell address saw Justice Kirubakaran appealing to lawyers and the Bar Council to make all efforts to restore the glory of the Bar. .He also advised young lawyers to seek the guidance of senior lawyers in their initial three to five years or practice. He also urged senior lawyers to look after their juniors as if they were their children. ."Young advocates are talented, but they need to take proper training with seniors, to know the niceties of the profession. Nowadays, young law graduates are coming out of the law college, they start their own law firm without any basic training. It is not good for society, or for the court also. Getting instructions from your client, getting material docs, converting into pleadings and presenting in court is an art, that you can learn from your seniors," the Judge said. .Another front on which Justice Kirubakaran expressed anguish was regarding liquor vending outlets or TASMAC shops as they are known in Tamil Nadu. In this regard as well, the judge remarked that he had failed in his endeavour to close down the TASMACs.."The government should take care of the people and close down TASMAC (liquor vending) shops at least partially, so one day prohibition will be there in the State. The dream of father of the nation will be realised," he said. .While recounting his experience as a Judge, Justice Kirubakaran further told the audience that he has had the satisfaction of resolving disputes involving warring parents and their children, which, he observed, was more satisfying than disposing of a thousand cases. ."The sorrow and suffering, pain and agony which children undergo cannot be compared at all. Throughout my 12 years of career, I would have conciliated about thousands of people. I make children see fathers who they have not seen for 10 or 12 years. The satisfaction I got was more than the satisfaction I could have got disposing thousands of cases," he said..He went on to urge lawyers and other stakeholders to work towards resolving such disputes, in the interest of the children. "Families are being shattered, not only because of problems created by spouses but also by some of the lawyers. Whenever the party approaches, please try to convince them to get reunited, otherwise, the children become the victims," he said. .In this regard, the Judge also opined:"Single-parent children, their behaviour, mindset will not be normal. Even if both the parents are normal and bringing up the children, it is very difficult to bring up the children normally because so many distractions are there. Therefore, please take a vow to see that whenever the family problem comes to you, please try to unite the family. If you unite the family, society will be benefitted.".The Judge also said that he enjoyed every day of his tenure as a Judge, during which time he has acted according to his conscience and without fear or favour. ."No difference was shown between seniors and juniors. The face of the lawyers does not make any difference, only the face of the case (does)," he said. .He made a special note to thank his parents and family, fondly remembering that his late father had placed enormous trust and faith in him. The Judge also took the occasion to apologise to his wife and daughter for having been buried in judicial work for most part of his tenure at the High Court.."One fine morning my wife told me, 'you are conducting cases in your sleep also'. Before I could respond, she said 'you are giving dictation even in your sleep'," Justice Kirubakaran recalled, during his speech. .The retiring judge further thanked each of his court staff and the court officials who have worked with him over the course of his 12-year tenure at the High Court. .As his address drew to a close, the Judge observed, "In three places, my soul will be roaming around after my lifetime. One is my house in the village, in which I grew upto graduation; second place is my advocate's chamber; the third is this red building (Madras High Court).".Advocate General R Shunmugasundaram spoke about how the Bar would fondly remember Justice Kirubakaran. "When his Lordship was treading up the stairs of the High Court, he never fails to return smiles with ‘vanakkam’ (greetings). His Lordship’s departure will create a vacuum in the hearts of the legal fraternity and be dearly missed by all.".[Read a live account of the event]