On Tuesday( 23rd April), Bombay High Court Judge Justice Gautam Patel highlighted that court judgments can inadvertently compound issues rather than offer resolutions. He underscored that a judge’s principal responsibility isn’t solely to compose judgments but rather to promptly seek solutions to matters at hand.
Thank you for reading this post, don't forget to subscribe!
MUMBAI: On Tuesday( 23rd April), Justice Gautam Patel of the Bombay High Court expressed his views on the role of judgment writing in a judge’s life. According to him, court judgments sometimes contribute to the problem instead of providing a solution. Speaking at a farewell event organized by the Bombay Bar Association, Justice Patel emphasized that the primary purpose of being a judge is not merely to write judgments, but to find the quickest possible resolution to an issue.
He stated-
“To me, drafting judgments is truly arduous. I’m always uncertain if they meet the required standards, if they’re well-formulated, accurate, or if the rationale is robust. However, I don’t believe that’s the principal duty of a judge.”
Justice Patel highlighted the fact that not every matter requires a judgment, and what matters most is for the judge to intervene and find a solution in the fastest way possible.
ALSO READ: Justice Gautam Patel’s Farewell Speech: ‘Lawyers Urged to Consider Judgeship Offers as a Privilege’
He stated-
“The essence of being a judge lies in speedy resolving issues. While some cases require a formal judgment, not every dispute warrants one. In fact, at times, judgments themselves can compound rather than alleviate the problem.”
Justice Patel further explained that certain cases can be so horrific that one may feel reluctant to go to court. However, these are the cases where intervention can truly make a difference and save lives.
He added-
“Everything we do is akin to opening a door. Behind that door lie more than ten judgments waiting to be made.”
As his retirement from the Bombay High Court approaches on April 25, Justice Patel also shared his plans for the future.
He expressed his disinterest in spending an entire working day in arbitrations, stating-
“I’ve made a decision about what I won’t pursue. I’m not inclined to devote my entire day, from 9 in the morning to 7 in the evening, to arbitrations. There’s a vast array of opportunities beyond that.”
Additionally, Justice Patel disclosed his plan to educate law students, drawing attention to a troubling observation he made. He expressed astonishment that recent court clerks, who graduated during the COVID-19 pandemic, lacked sufficient instruction in fundamental legal subjects.
ALSO READ:[EXCLUSIVE] Unveiling CJI Chandrachud’s First Remuneration as a Lawyer
He stated-
“Teaching is another commitment I’ve undertaken. The state of court clerks has alarmed me greatly; it’s crucial to emphasize the seriousness of this issue. These individuals belong to the COVID batch and have received inadequate education in constitutional law, the Code of Civil Procedure, and contract law, with the latter being delivered solely through lectures and CPC taught via PowerPoint slides. It’s imperative to avoid creating a generation of legal professionals overly reliant on platforms like SCC Online. This situation needs to be addressed. While I’ve begun talks with some law schools, I urge you to consider supporting this cause if I reach out for assistance.”
