Difficult For Institution To Forgive And Forget Silence Of The Bar: Justice Mahesh Sonak Bids Farewell To Bombay High Court

Bidding adieu to the Bombay High Court, Justice Mahesh Sonak who would be taking charge of the office of Chief Justice of Jharkhand High Court soon, on Wednesday urged the members of the Bar to always be vocal about anything that would affect the institution emphasising that 'it is a crime to remain silent when it is the duty to speak.'

In a jam-packed central court hall, Justice Sonak also stressed that Bar is always going to be the 'judge' of the judges.

"As judges, we do not deserve praise for doing what we ought to do... Praising judges for their ethical excellence is fine, we all like to hear that... But correcting a judge, if he strays from the path of rectitude is infinitely better and critically crucial and here lies a great responsibility on a great bar. It is crime to remain silent when it is a duty to speak. In the end the institution will not remember the insults or berating of our enemies but it will be sad and difficult for the institution to forget and forgive the silence of the of the Bar whose members are it's legitimate guards and guardians..." Justice Sonak said. 

The judge further stressed on the "sacred duty" of judges, which is to impart justice to the citizens.

"As judges, we are conscious that dispensing justice is not about deciding which side has a better lawyer... Behind the mass of case papers presented to us, we are mindful of a human face, a face crying out for justice...Imparting justice to this face is our sacred duty..." he said.

Further speaking about the relation between the Bar and the Bench, the judge underlined that the relationships is 'inextricably' interlinked and that no judge can claim to be superior to the Bar. 

"The relation between the Bar and the Bench is inextricably interlinked... Though our call of duty assigns us slightly different roles but just like a river cannot rise above its source similarly no judge can ever rise above the mettle or the calibre of the Bar that produces him or her...The Bar is and always will be the judge of the judges...Not in a spirit of hostility, or in the sense of being judgmental but in a sense of guardianship, the bar is as it ought to be the moral, spiritual and intellectual mentor to the bench..." the judge said. 

Further, the judge said that the institution is not about judges or lawyers but about the collective resolution to serve the citizens of the country and dispense justice.

"This institution is not about judges and lawyers alone it is a monument which marks our collective resolve to serve We The People, who seek justice. Here our commandment is or it should be that 'Thou Shall Not Ration Justice.' If those who knock at our doors are turned away because justice has become too slow, too technical or too expensive, then all our learning and legacy will be of no use," the judge said.

Further, Justice Sonak warned, "We cannot allow our vaults of justice to run dry... The collective genius, the industry, the commitment of our Bar and the Bench must ensure our vaults of justice are never empty or run dry... If either of us fail or falter, our institution, will become much poorer..." 

In his brief speech, Justice Sonak explained how "impatience and harshness" are big "black-marks" for any judge.

"A judge they say is nothing but a lawyer who is being benched...A judge often reflects the study, research, courage and forthrightness of the Bar... I may have sometimes fallen short... Impatience, irritability and undue harshness may have crept in... These aren't judicial virtues and should ideally not accompany a judge to the Bench... These are black-marks which even our black coats and gowns cannot hide..." the judge underlined.