Today, On 31st January, The Supreme Court honored Justice Hrishikesh Roy with a heartfelt farewell, recognizing his contributions to the judiciary. Known for his wisdom and humor, he believed that “a smile is a curve that can set many things straight.” His judgments in arbitration and environmental law left a lasting impact. The farewell reflected deep respect for his legal acumen and compassionate approach.
New Delhi: In a touching ceremony at the Supreme Court on January 31, Justice Hrishikesh Roy honored with a heartfelt farewell as he retired. The event, presided over by Chief Justice of India Sanjiv Khanna, celebrated Justice Roy’s substantial contributions to the judiciary.
Chief Justice Sanjiv Khanna praised retiring judge Justice Hrishikesh Roy for his “legal Wisdom, knowledge, and reasonableness,” describing him as “a complete man.”
He remarked,
“He was a complete man. His sense of humor made things easier. His balanced approach, both in court and outside of it, was extraordinary. Additionally, his patience, calmness, and demeanor had a significant impact on all of us.”
Colleagues and peers universally commended Justice Roy’s compassionate and principled approach to law. Attorney General R Venkataramani remarked on Justice Roy’s ever-present smile, even during the most challenging court sessions, suggesting it symbolized his ability to ease tensions and navigate difficulties with grace and warmth.
Attorney General for India R. Venkataramani remarked on Justice Roy’s constant smile, even during heated exchanges and tense hearings, stating that “Justice Roy believed a smile is a curve that can set many things straight.”
He added,
“You carried a rare charm that made the bar productive.”
Solicitor General Tushar Mehta echoed this sentiment, noting how Justice Roy’s humor helped alleviate courtroom pressures. Senior Advocate Kapil Sibal, President of the Supreme Court Bar Association, praised Justice Roy’s empathetic nature and proactive efforts during crises, such as the Assam floods.
Sibal highlighted Justice Roy’s engagement with the entire legal community, emphasizing his unique ability to communicate with people from all walks of life, including using sign language to converse with the hearing impaired.
Sibal said,
“I know you have helped people in Assam Floods, I know you talk to deaf and dumb people in their sign language, I know you walk to the juniors who feel alone in parties,”
Tributes from various prominent legal figures celebrated his calm demeanor, comparing his courtroom to a serene, Buddha-like environment. His distinctive blend of humor and sternness was noted as a trait that will be sorely missed.
Also Read: “Bail Matters Should End at The High Court”: Justice Hrishikesh Roy Opined
Chief Justice Khanna praised Justice Roy for his exceptional legal expertise and well-rounded character, also noting his passions for the arts, sports, and literature. Justice Sanjay Kumar shared narratives from Justice Roy’s athletic days in school and his artistic contributions as both a lawyer and a judge.
Reflecting on his illustrious career spanning over two decades, Justice Roy humorously recounted his first court appearance in 1982, expressing hope that his tenure had met the expectations of the legal profession and his family.
Born on February 1, 1960, Justice Roy began his legal journey with an LL.B degree from the Campus Law Centre, University of Delhi, in 1982. His career milestones include being designated as Senior Advocate by the Gauhati High Court in 2004, appointed as a judge of the Gauhati High Court, serving as Chief Justice of the Kerala High Court, and his elevation to the Supreme Court in 2019.
As the legal community bids farewell to Justice Roy, his legacy of judicial compassion, dedication to the arts, and commitment to justice will continue to inspire future generations.
During his tenure, Justice Roy authored 45 judgments and was part of 324 benches. He was among the four judges elevated to the Supreme Court in 2019, alongside Justices Krishna Murari, S.R. Bhat, and V. Ramasubramanian.
Landmark Judgments
“Anyone Going Faster is a Maniac”: A Road Safety Order
In Bajaj Allianz General Insurance v Rambha Devi (2024), a five-judge bench ruled that light motor vehicle (LMV) license holders could drive transport vehicles under 7500 kgs, dismissing insurance companies’ arguments about road safety concerns.
He highlighted that the Motor Vehicles Act, 1988, clearly defines LMVs as transport vehicles, and insurance companies failed to provide any data proving that LMV license holders posed safety risks.
Justice Roy was a strong advocate for reducing judicial interference in arbitration matters. His dedication to alternative dispute resolution mechanisms was evident from his time at the Gauhati High Court, where he headed the Mediation Monitoring Committee.
In NN Global Mercantile v Indo Unique Flame (2023), a five-judge bench ruled by a 3:2 majority that unstamped arbitration agreements were void. Justice Roy dissented, arguing that such agreements should be treated as “curable defects” rather than being declared void outright.
His views were later validated when a seven-judge bench set-aside the decision in December 2023, ruling that unstamped agreements remain valid and their enforceability should be determined by arbitration tribunals rather than courts.
In Central Organisation for Railway Electrification v ECL-SPIC-SMO-MCML (JV) (2024), a five-judge bench ruled 3:2 against unilateral appointments of arbitrators in public-private contracts, citing violations of Article 14 (equality before law).
Justice Roy dissented, arguing that the Arbitration Act already ensures impartiality, and courts should not impose constitutional law principles on private arbitration cases. He strongly defended party autonomy, emphasizing that unilateral appointments were legally valid under the Arbitration Act.
Justice Roy authored the majority judgment in Municipal Corporation of Bombay v Ankita Sinha (2021), where the Supreme Court upheld the suo motu powers of the National Green Tribunal (NGT).
He mentioned Samuel Beckett’s play Waiting for Godot, comparing environmental inaction to waiting endlessly for a solution that may never come. His ruling stressed that urgent environmental issues should not be delayed by unnecessary legal procedures.
Justice Roy played a crucial role in several Constitution Bench cases, including:
- Euthanasia guidelines – Simplified legal procedures.
- Election Commission appointments – Recommended a committee for fair selection.
- Jallikattu case – Upheld the traditional practice.
- Taxing mineral resources – Affirmed state governments’ taxation rights.
- Private property rights – Ruled that not all private property should be considered a “material resource of the community.”
Also Read: Justice Hrishikesh Roy Retires Tomorrow! A Look at His Most Impactful Judgments
Justice Hrishikesh Roy’s retirement marks the end of a time known for his humor, sharp legal thinking, and important rulings in arbitration and environmental law. His unique way of speaking, both in court and in judgments, has made a lasting impact on Indian law.
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