At his farewell event in Pune, former Supreme Court judge Abhay S Oka said judges should take up more matters to reduce case pendency, adding that simply creating another bench won’t solve the backlog problem in courts.
The Bar Council of Maharashtra and Goa hosted a farewell ceremony in Pune on Sunday to honor former Abhay S Oka, who retired from the Supreme Court in May.
The occasion also featured the launch of a commemorative book by the Bar Council of Maharashtra and Goa, highlighting 50 landmark judgments authored by Justice Oka throughout his judicial career.
Justice Oka, aged 65, concluded his tenure after delivering 11 judgments on his last day in court.
Justice Oka addressed the misconception that true justice is only served when judgments go against those in power or the government.
He stated,
“It is not true that it is justice only if you decide against those in power/ the government (राज्यकर्ता). At times, you have to decide in favour of the government if the decision falls within the four corners of the Constitution.”
Justice Oka further emphasized that judges should not seek to please lawyers. He shared his views on judicial conduct, saying,
“I have an opinion on how judges should behave, and it is my duty to mention the same. Once you take the oath as a judge, you should not for a second think about your future prospects, as to what you will get in future. The day a judge thinks about whether he will get a post, he will not be able to function as a judge.”
During the event, he expressed his regret over cases he was unable to finalize before his retirement. Clarifying his future intentions, Justice Oka stated that he would not appear in court or engage in arbitration but would provide legal opinions on various matters.
He emphasized the pressing need to tackle judicial delays, urging young lawyers to consider a career in the judiciary seriously.
He remarked,
“Judges should take up more matters to battle pendency. Another bench of the high court is not going to reduce pendency,”
Among Justice Oka’s notable Supreme Court rulings was a significant decision regarding the authority of state governments to regulate industrial alcohol. He interpreted industrial alcohol as falling under the term “intoxicating liquor” in the Constitution, affirming states’ legislative competence in this domain an important development in India’s federal regulatory framework.
Born on May 25, 1960, Justice Oka began his legal journey at the Thane District Court, training under his father. He was appointed an additional judge of the Bombay High Court on August 29, 2003, and became a permanent judge in November 2005.
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In May 2019, he was sworn in as Chief Justice of the Karnataka High Court and was elevated to the Supreme Court in August 2021.
Justice Ujjal Bhuyan, who served alongside Justice Oka on the Supreme Court bench, highlighted the significance of an independent judiciary.
Quoting Caroline Kennedy, he stated,
“The bedrock of our democracy is the rule of law, and that means we need to have an independent judiciary, with judges who can make decisions free of political pressure or expectation.”
Several judges from the Bombay High Court who worked with Justice Oka reflected on his legacy. Justice Makrand Karnik described him as a demanding yet fair senior who instilled discipline, punctuality, and a strong work ethic in his colleagues.
Justice Revati Mohite-Dere acknowledged Justice Oka’s commitment to promoting gender equality in the judiciary, recalling his support for the elevation of women judges, including herself, Justice Sadhna Jadhav, Justice Urmila Phansalkar, and Justice Gauri Godse.
Justice Mahesh Sonak commended Justice Oka for his openness to diverse perspectives and his fearless adjudication qualities that characterized his judicial philosophy.
The event also recognized senior advocate Shrikant Kanetkar for his lifelong contributions to the legal profession, along with 14 other advocates who were honored for their enduring service to the law.