Independent, Fearless Judiciary Inevitable For 'Healthy Democracy': Kerala High Court Justice C Pratheep Kumar In His Farewell Address

Update: 2026-05-26 13:56 GMT
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The Kerala High Court on Tuesday (26 May) held a farewell reference in honour of Justice C. Pratheep Kumar, who retires on May 28 after nearly three decades of judicial service, including over two and a half years as a Judge of the Kerala High Court.

The reference was attended by members of the Bench, Bar, and legal fraternity.

In his farewell address, Justice C. Pratheep Kumar said that an independent, fearless and impartial judiciary is inevitable for a healthy democracy.

“As you are aware, the Bench and Bar are two wings of a Bird, unless both wings work in tandem, the bird will not be able to fly high. An independent, fearless and impartial judiciary is inevitable for a healthy democracy like India. Therefore, the members of the Bar have an added duty to protect the judiciary from the attack, unnecessarily from inside or outside, so that it could discharge the constitutional obligations freely and fairly. When a member of the Bar raises false allegations against a Judge, the Bar should be able to properly deal with it and correct it. So initiation of contempt proceedings can be avoided or minimised,” the Judge said.

Justice Pratheep Kumar has also also expressed gratitude to his colleagues, the Bar, court staff, family and mentors.

“On 12.10.2023, when I assumed charge as the Judge of this Court, I said that elevation was only because of the grace of god and not because of my merit. I knew that he had added the title 'Justice' to my name to serve that society with humility and not to show the power of authority of that post. Therefore, I believe that I have an added duty to the society as well as my own conscience to do my level best on my elevation.”

Reflecting on his tenure, he noted that despite having only 31 months in the High Court, he disposed of 6,341 cases, including more than 3,100 Criminal M.Cs, 1,173 Motor Accident Claims Appeals, 274 Regular First Appeals and several writ and matrimonial appeals.

“I know that it is nowhere near to the disposal of my senior brothers and sisters. But, as per the data furnished by the IT cell of this Court, among the Judges of this Court with less than three years service, these figures are one of the best.” he said.

Justice Pratheep Kumar also highlighted his work as Chairman of the KELSA steering committee for Gothra Vardhan, under which more than 1,200 interventions were carried out in tribal settlements across Kerala, including access to roads, housing, electricity, Aadhaar cards, medical camps and awareness programmes.

Justice Pratheep Kumar obtained B.Sc degree from Mahatma Gandhi College, Thiruvananthapuram and LLB and LL.M from Government Law College, Thiruvananthapuram. He enrolled as an Advocate in 1989. He has also served as Lecturer in Government Law College, Kozhikode during 1993-1994. He entered service as Munsiff-Magistrate in 1996. He was later, promoted as District Judge in the year 2014 and thereafter, functioned as Principal District Judge at Thalassery from April, 2023 to May, 2023 and as Principal District Judge, Kozhikode from 01.06.2023 to 21.10.2023. He was elevated as an Additional Judge of the High Court of Kerala on 25.10.2023 and was later appointed as Permanent Judge in 09.09.2025.

Dr. Justice A.K. Jayasankaran Nambiar, who presided over the ceremonial proceedings, said Justice Pradeep Kumar's career was distinguished not merely by longevity but by character, integrity, learning and humanity.

“Widely admired for his balanced and empathetic approach on the bench, Justice Pratheep Kumar consistently upheld the constitutional values, while remaining deeply sensitive to the cause of social justice and fairness.” Justice Nambiar said.

He also praised the retiring judge's work with the Kerala State Legal Services Authority (KELSA).

“His enthusiasm and zest has left all of us in awe of his sincerity. Even yesterday, he called upon the legal service authority to look into the case of a tribal person, who has sustained injury from a wild elephant attack through a post on the official whatsapp group. Such actions give meaning to the off-quoted remark that the judge in a legal system works 24/7 365 days in a year.” the Court said.

Advocate General K. Jaju Babu, described Justice Pratheeep Kumar as a rare embodiment of humility and erudition, whose judicial conduct strengthened public confidence in the institution.

“Your profound legal acumen, legal scholarship and commitment to the cause of fair and balanced adjudication has significantly enriched and distinguished the tradition of erudition and excellence that has long adorned this honourable Court.” Jaju Babu said.

Peeyus A. Kottam, President of Kerala High Court Advocates' Association (KHCAA) President said Justice Pratheep Kumar had captured the confidence, love and affection of the Bar within a very short span of time.

“Your lordships judicial mind was always inclined to help the aggrieved and redress their grievances. Such judicial sensitivity found expressions, in the celebrated judgment like Shiny v District Legal Service Authority. In that case, your lordships judicial conscience rose to address antacid victim, who had lost her eye sight. Your lordship strongly held that the compensation fixed by the Supreme Court in Lakshmi v Union of India was not the upper limit. Invoking the victim compensation scheme 2017, your lordships directed KELSA to immediately disperse an amount of Rs. 5 Lakh to the victim for her urgent medical treatment, over and above the .. this approach in that case, clearly demonstrates that your lordships judicial mind as always stood up with needy, the vulnerable and deserving section of society.” he added.

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