'Tried To Softly Bend Law Towards Justice': Chief Justice Devendra Kumar Upadhyaya Bids Farewell To Delhi High Court
Chief Justice Devendra Kumar Upadhyaya on Tuesday bid farewell to the Delhi High Court on his elevation to the Supreme Court of India, saying that throughout his judicial career, he had tried to “bind law, justice, and compassion together.”
A function was organized by the Delhi High Court today in order to bid farewell to CJ Upadhyaya, which was attended by all the judges as well as Central and Delhi Government counsels as well as lawyers.
On September 28, the Supreme Court Collegium had recommended elevation of Justice Upadhyaya. Yesterday evening, the Central Government notified his appointment.
In his farewell address, CJ Upadhyaya reflected on his journey from practising as an advocate in Lucknow to serving on the Bench and eventually heading the Delhi High Court.
“Like other judges, I came across unforeseen situations when law was not able to ensure a just outcome in the case, and it appeared isolated from justice. In such situations, I tried to softly bend the law towards justice for the deserving litigant, and to be able to do so has been a blessing for me,” he said.
Justice Upadhyaya, however, added that he could not himself determine whether he had succeeded in imparting justice.
“I cannot tell whether or not I have succeeded in imparting justice. In fact, I should not even try because it would be an act of deciding my own cause,” he remarked.
He said that judgeship had given him “a great sense of satisfaction” by providing him with an opportunity to mitigate the sufferings of litigants and fulfil the constitutional promise of justice to citizens.
Recalling his early days as an advocate in Lucknow, Justice Upadhyaya said he had begun his legal career under the guidance of his father and other senior members of the Lucknow Bar.
He said that the legal profession had been crowded even then and that, at the beginning of his career, it had appeared as “hopeless” as it might appear to a young lawyer today.
“I could never have imagined a day like this,” he said, recalling his early years navigating the courts and tribunals of Lucknow and Allahabad.
Justice Upadhyaya said that his journey had been shaped by people who had supported, guided and encouraged him at different stages.
“It would be selfish for me to claim my success as my own,” he said, emphasising that individuals throughout their lives depend upon the support of parents, friends, seniors, professional acquaintances and even strangers.
“We walk on the shoulders of others, and when we achieve something, we must have humility to accept that our success is the outcome of shared effort,” he said.
He thanked his friends, seniors, juniors and “kind strangers” who had contributed to his journey.
Justice Upadhyaya also spoke about his experience serving in different High Courts and said that although the Delhi High Court exercises jurisdiction over a smaller territory compared to Uttar Pradesh and Maharashtra, administering the institution was far from easy.
“An outsider may think it to be easy to run this institution, but it is not, because the sheer complexity and gravity of causes that this court deals with are unparalleled,” he said.
He said the lessons he had learnt during his tenure at the Delhi High Court would remain with him as he moved to the Supreme Court and would help him understand “national causes” that come before the apex court.
Justice Upadhyaya also stressed that he viewed the Chief Justice as “only the first amongst equals” and said he had endeavoured to practise that principle throughout his tenure.
Reflecting on what constitutes a good judge, Justice Upadhyaya referred to former US Supreme Court Justice Potter Stewart and his observation that a good judicial decision should not reveal the personal identity or ideological leanings of the judge who authored it.
“My endeavour has been to be a good judge, may not be a great judge,” he said.
Justice Upadhyaya said he had always believed in the goodness of people and that this belief had helped him navigate difficult situations during his judicial journey.
Speaking about the Delhi Bar, the outgoing Chief Justice said the development of a “stellar and intellectually rich bar” in Delhi had disproved apprehensions that the city did not possess a sufficiently developed legal profession when the Supreme Court was established in 1950.
He said the Delhi Bar had been at the forefront of dealing with legal, judicial, political and social issues.
“This bar has also given back to the city in ample measure by constitutionally agitating the issues affecting its citizens, ecology, history, diversity, and rule of law,” he said.
Justice Upadhyaya thanked lawyers for their assistance and said the Bench and Bar shared the common goal of pursuing justice.
“The pursuit of justice is the shared goal of bar and the bench, and collective effort makes this pursuit worthwhile,” he said.
Reflecting on Delhi's diversity, Justice Upadhyaya said the city had a unique capacity to assimilate people from different backgrounds.
He compared India to a “thali” comprising different dishes served together and described the Delhi High Court in similar terms.
“I find Delhi High Court an Indian Thali,” he said.
He thanked the Bench, Bar, registry officials and staff for making him feel at home and supporting him during his tenure.
Justice Upadhyaya also acknowledged the support of his family, particularly his parents and wife, and said their sacrifices had enabled him to perform to the best of his ability.
As he prepared to leave the Delhi High Court, he said the farewell was less a goodbye and more an opportunity to thank those who had been part of his journey.
“I have incurred a debt to all of you, the members of bench and the bar alike, and to my personal staff, which I will never be able to repay,” he said.
He also sought forgiveness from anyone whom he might have hurt through his words or deeds.
“I seek pardon if, in any manner, by my words or deeds, I ever caused pain to anyone,” he said.
Ending on a lighter note, Justice Upadhyaya recalled Oscar Wilde's famous observation about farewells: “Some cause happiness wherever they go; others whenever they go.”
“I do not know in which category I will be placed from tomorrow, but some answers will lie in the posterity,” he said before concluding his farewell address.
Acting Chief Justice Nitin Wasudeo Sambre in his address said that beyond courtroom, Chief Justice Upadhyaya is a person of warmth and that he has greatly valued the latter's guidance in administrative matters.
Justice Sambre said that there was always confidence among the judges that regardless of nature of difficulty of the issue, if brought to the notice of Chief Justice Upadhyaya, it will be taken care of.
“From 3:30 onwards, when hon'ble Chief will be elevated as a judge of the Supreme Court, we bid him farewell with deep sense of gratitude. His elevation is a matter for pride for all of us. We wish your lordships every success in this journey,” Justice Sambre said, while also congratulating CJ's family, including his wife and parents.
Others who spoke were ASG Chetan Sharma, Senior Advocate Sanjay Lao and Delhi High Court Bar Association President Senior Advocate N Hariharan.
Justice Upadhyaya mainly practiced on the Civil and Constitutional sides at Allahabad High Court. He was appointed as the Chief Standing Counsel, State of U.P. in May 2007 and continued to hold that office till elevation as a Judge.
He took oath as a permanent Judge of the High Court on August 06, 2013. Justice Upadhyaya later took oath as the Chief Justice of the High Court of Bombay on July 29, 2023. He was then transferred as the Chief Justice of Delhi High Court and took oath on 21 January, 2025.