An outgoing Supreme Court judge, Ajay Rastogi, on Friday condemned the practice of applauding judges for making anti-government statements, saying, “As judges, we have to decide the matter with the material on record, be it like this.” or not in that way.” for consideration.”
At a farewell function organized by the Supreme Court Bar Association (SCBA), Justice Rastogi said, “What I have felt in these five to ten years..this is my feeling, I may be wrong and I should be proved wrong. If Somebody wants to say I am an independent judge, an impartial judge. In my understanding, decide the case anti-system, give your opinion against the government, you are an independent judge. I said ‘no’. We as judges With the material on record to decide the matter, whether it will be this way or that way is not for consideration.”
“This is accepted by the people at large and the media also supports it. You comment against the government, everyone will be happy, the best judge. Give a verdict against the anti-incumbency, the best judge… practice is needed.” to change. I can decide the matter against the government or in favor of the government… What we decide is based on the material on record and do justice to the people. I do not understand where is the word justice whether I decide in favor of the petitioner or against the petitioner.”
Justice Rastogi was elevated as a judge of the Rajasthan High Court in 2013 and served as the Acting Chief Justice for a short stint in 2016. In 2018, he was transferred to the Tripura High Court as Chief Justice, prior to his elevation to the Supreme Court. Court on 2 November 2018. Justice Rastogi will retire on June 18.
Chief Justice DY Chandrachud, earlier in the day sitting on a ceremonial bench along with another outgoing judge, Justice V. Ramasubramanian, highlighted his dedication to judicial duties as well as his foray into Sanskrit and Tamil.
He said that he had requested Justice Ramasubramanian to take over as chairman of the tribunal whenever there is a vacancy. Justice Ramasubramanian, however, said that he wished to remain an independent person free from the duties of judicial office.
Justice Ramasubramanian will retire on June 30.
On his last working day, Justice KM Joseph said that members of the Bar must be at the forefront of the fight against forces that can defeat the constitutional way of life adopted by us. He said that the independence of the Supreme Court is integral to maintaining a democratic way of life and the rule of law.
Sitting on the formal bench along with Chief Justice Chandrachud, Justice Joseph said, “I take whatever you have said with a pinch of salt and it is customary and I would be naive if I take it at face value.. Thank you for all that you have said and perhaps for all that you have not said.”
,With inputs from IANS,
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