Justice Sanjay Kishan Kaul’s retirement from the Supreme Court was marked by a ceremony filled with respect and admiration, reflecting on his impactful tenure. He would be retiring on 25th December 2023. His final address and the words of Chief Justice DY Chandrachud offered profound insights into the judiciary’s role and responsibilities.
Justice Kaul, known for his bold judicial approach, emphasized the critical need for judges to exhibit courage, especially given their constitutional protection. He poignantly stated,
“If with the constitutional protection that we have, we are not able to exhibit this, we cannot expect other parts of the administration to do so.”
This statement underscores the importance of judicial independence and bravery in upholding justice.
The ceremony was a testament to Justice Kaul’s influence, with lawyers nationwide attending. Senior Advocate Harish Salve and others lauded his contributions across various jurisdictions. His support for young lawyers and his approachability, even in the Supreme Court’s intimidating setting, were particularly highlighted.
Chief Justice DY Chandrachud, acknowledging Justice Kaul’s widespread respect, remarked,
“Justice Kaul, you have seen the tremendous response of the bar on your last working day – whether it’s seniors, juniors, lawyers who come outside from Delhi…it shows the wide respect you command.”
This statement reflects the legal community’s deep regard for Justice Kaul.
In his farewell speech, Justice Kaul stressed the judiciary’s role as a temple of justice, emphasizing its accessibility to litigants. He expressed his concerns about the adjournment culture, advocating for prompt case hearings.
“I have held court in difficult situations in different courts, but I felt that this is an institution and temple of Justice which must remain open. That’s very close to my heart. As a lawyer, I felt that wherever somewhat an adjournment culture is prevalent, it’s a problem. I always believe that the case must be taken up on the day it was listed.
He said, highlighting his commitment to justice accessibility.
Also read-Supreme Court Order On Article 370 Disturbing: Justice R. F. Nariman (lawchakra.in)
Justice Kaul also spoke about the judiciary’s duty to administer justice without fear or favor, rejecting the notion of being mere fund collectors for the government. He emphasized the importance of upholding legal principles, stating,
“It is my belief that the boldness of the judge is very important. I do not believe that we are the fund collectors of the government. The stakes are not important; what is important is what the principle of law it carries. And this court has administered justice as expected without fear or favor.”
He further called upon the legal community to protect the judiciary’s independence, drawing parallels with the Indian freedom movement.
“The bar owes the duty to see that the independence of the judiciary, the independence in the various forms in the country are protected, and they stand up for it. Ultimately there’s no method with which the judiciary can stand up for itself and I think it’s the duty of the bar to support, sometimes correct judiciary can stand up for itself and I think it’s the duty of the bar to support, sometimes correct judiciary.“
he asserted.
Reflecting on his career, Justice Kaul shared his experiences and the lessons learned, particularly emphasizing the collaborative role of the bar and bench in justice delivery. He concluded his address with a sense of satisfaction and a heartfelt farewell,
“I am going out as a satisfied man. I have a bucket list to complete – spending time with my grandchildren is one. I have tried to do my best.”
Justice Kaul’s retirement marks the end of an era characterized by judicial boldness, empathy, and a deep commitment to upholding justice, leaving a lasting impact on the Indian judiciary.