'Some Judges Are Pro-Govt, Some Are Against; Nothing Wrong' : Delhi High Court Chief Justice DN Patel In Farewell Speech

The Chief Justice of the Delhi High Court DN Patel has demitted office on superannuation. He is set to assume charge as the Chairperson of the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) soon as his appointment was cleared by the Central Government last week.In his farewell speech today, Justice Patel said that there will be judges with different types of approaches - some are pro-government, pro-labour, some are against government, pro-employer - and there is nothing wrong in such approaches as the diverse approaches ultimately lead to the development of law."Some judges are pro labour, pro revenue, against revenue, and your matter is otherwise...Nothing is wrong. People are criticising. I can speak so many things because I am basically a good teacher. It is nothing wrong if you are pro labour, pro employer, pro tenant, pro government, against government, there is always a development of law by these types of judgments. Several judgments will come in favour of labours or employees and sometimes pendulum will shift towards the employer.""There is always a development of law, amendment of law, philosophy of law, theoretical approach will be different by these judgments. Pro employer, pro employee, pro labour, pro landlord, pro govt, against govt, types and types of judges will come. Judges are not forever and always. It's like that Company Law, members may come and members may go but company will go forever and always. Some one from you will head on this position so your views will be lot tomorrow", Justice Patel said."As I look back, I can say that the last 38 years of my life have helped me satisfying my quest to learn the law and serve the justice delivery system," he said in farewell reference function organized by the Delhi High Court on Friday. Justice Patel was appointed as the Chief Justice of Delhi High Court on 7th June, 2019. He was elevated as an Additional Judge of the High Court of Gujarat on 7th March, 2004 and took oath as permanent Judge of High Court of Gujarat on 25th January, 2006.He had been a Judge of the High Court of Jharkhand, Ranchi in 2009. He had also served as Acting Chief Justice of Jharkhand High Court.In this farewell function today, Chief Justice DN Patel emphasized on the balance between judicial activism and judicial restraint. He said that while judiciary has to fill the gap between law and justice, such an act of judicial activism must be exercised as a matter of exception and not as a matter of role."Much have been discussed here and abroad about judicial activism and judicial restraint. There is always a gap between justice and law. Merely because a law is enacted, there is no guarantee that justice will be done. There is some role to be played by judges. And if there is any gap, a judge has to fill up the gap. That is known as judicial activism. That is inevitable. But as a matter of exception, and not as a matter of role. We are not here to make the law, nor to evolve a policy brand new. We are only interpreter of law," Chief Justice Patel said. He added "But as an exception as I have said, whenever there is gap between law and justice, there is bound to be a judicial activism. We are giving several guidelines. This is depending upon theory of positivism of Austin."Remarking that he has always followed the theory of positivism, Chief Justice Patel added that one has to maintain the balance between judicial activism and judicial restraint. "Judiciary, one of the three primary institutions of Indian democracy, has been bestowed with both constitutional powers and responsibilities in the scheme of Indian Constitution. It it is pertinent to note that the judiciary is a unique institution in the grand scheme of Indian republic as it doesn't have the power of sword or control by other two primary institutions. Our primary task is to render justice through our orders by deciding cases and putting to end the lis, means dispute, not only between individuals but also between institutions and State authorities," Chief Justice Patel said at the outset. Chief Justice Patel expressed his thanks to those who made a valuable contribution in his personal as well as professional career. He said "God gave me opportunity of gaining the incredible experience to secure justice as a lawyer and opportunity to deliver justice as a judge. Thus giving me a meaningful existence. As i look back, i am satisfied with my experience."Furthermore, Justice Patel also emphasized on his learnings from the COVID 19 pandemic and the unpredictability that came with it. While he said that everyone experienced some kind of suffering, for him the realisation personally was more of a spiritual kind. He said "During pandemic, even though I missed the everydayness of being in Court in action, I am sure I couldn't have spent so much of precious time seeing my one and half year old granddaughter growing. It is this pandemic, that the realisation was futher reiterated that we are here for a purpose...

'Some Judges Are Pro-Govt, Some Are Against; Nothing Wrong' : Delhi High Court Chief Justice DN Patel In Farewell Speech

Nupur Thapliyal

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