Supreme Court Justice Hrishikesh Roy retires; CJI Khanna lauds thespian, creative judge

Supreme Court judge Justice Hrishikesh Roy retired from office on Friday after a tenure of over 5 years at the top court..Justice Roy obtained his LL.B Degree from Campus Law Centre, University of Delhi in 1982. He initially practiced at the Supreme Court before shifting to the Gauhati High Court after his father's death. He was designated as Senior Advocate by the Gauhati High Court in 2004.He was appointed an additional judge of the Gauhati High Court on October 12, 2006 and was made a permanent judge in 2008.He was appointed as Chief Justice of Gauhati High Court in August 2018 before being elevated to the Supreme Court on September 23, 2019. .At a farewell function organised for him by the Supreme Court Bar Association (SCBA) on Friday, the judge recounted his journey at the bar and the bench and his evolution from an idealistic lawyer to a judge of the apex court.“As I look back on the years of my legal profession, I am struck by how much it has shaped me. You start out with idealistic notions, believing that you are the voice of reason, the champion of justice. To borrow the words of Benjamin Cardozo—Justice is not to be taken by storm, she is to be moved by slow advance. Over the years and as a judge serving two decades, I have now realised that the pursuit of justice is steady, slowly shifting society and strengthening democracy,” he said..Chief Justice of India (CJI) Sanjiv Khanna lauded Justice Roy, describing him as a “multi-faceted personality” whose presence added depth to the judiciary. “Justice Roy is a unique judge. The reason it is difficult to capture what Justice Roy means to us is because of his multi-faceted personality… Justice Roy has always been different, bringing his own vibrant personality into the bench while being nothing short of outstanding in his work,” CJI Khanna said.Justice Roy’s interests spanned arts, literature and even filmmaking, making him a rare personality whose talents extended beyond the legal field, the CJI said.“Justice Roy swears by his love for theatre, a passion he shares with those around him, often encouraging his law clerks and interns to attend plays. He is also a trivia buff, a voracious reader, and served as the president of the Guwahati Music Society. In short, he knows everything about everything,” CJI Khanna said..The CJI revealed that Justice Roy would have been equally successful as a quiz master, actor or a stand up comedian. “Justice Roy is one of those rare personalities whose geniuses extend beyond their profession. While we are lucky to have Justice Roy the judge, he would have been equally successful as Justice Roy the actor, a quiz master, and perhaps in today’s world, a stand-up comedian.”.Justice Roy’s artistic flair was not confined to appreciation—he actively contributed to creative endeavors, producing two films, Shaako: The Bridge and Apne Ajnabi, which focused on racial discrimination. “This makes him the only Supreme Court judge with an IMDb credit to his name," the CJI said on a lighter note.Beyond his creative pursuits, Justice Roy made a significant impact on legal jurisprudence. One of his notable dissents was in the NN Global case, where he, along with Justice Ajay Rastogi, held that an arbitration agreement’s enforceability should not be affected by stamp duty deficiencies. They opined that since stamp deficiency is a curable defect, it should not render an arbitration agreement void. This minority view was later upheld when the Supreme Court revisited the issue in Re Interplay Between Arbitration Agreements, affirming that arbitration clauses in unstamped or inadequately stamped agreements remain enforceable, CJI Khanna said..Attorney General R Venkataramani and SCBA President Kapil Sibal also spoke on the occasion, praising Justice Roy’s empathy and sense of humor.Sibal noted how Justice Roy brought warmth to courtroom proceedings, making them engaging with his wit and affection.