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An Advocate Must Be Inquisitive Like A Detective, Tenacious Like A Farmer & Precise Like A Surgeon : CJ RS Chauhan In Farewell Speech

LIVELAW NEWS NETWORK
5 Jan 2021 8:39 AM GMT
An Advocate Must Be Inquisitive Like A Detective, Tenacious Like A Farmer & Precise Like A Surgeon : CJ RS Chauhan In Farewell Speech
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Chief Justice Raghavendra Singh Chauhan was transferred from Telangana High Court to take charge as the CJ of Uttarakhand High Court.The Telangana High Court bid farewell to him at a full court meeting held on Monday, December 4.In his speech, he had few words about the legal profession."The advocate must be inquisitive like a detective, tenacious like a farmer, and precise like a surgeon. In...

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Chief Justice Raghavendra Singh Chauhan was transferred from Telangana High Court to take charge as the CJ of Uttarakhand High Court.

The Telangana High Court bid farewell to him at a full court meeting held on Monday, December 4.

In his speech, he had few words about the legal profession.

"The advocate must be inquisitive like a detective, tenacious like a farmer, and precise like a surgeon. In the legal fraternity, we must walk the past prescribed by the Constitution of India. To leave the Constitutional path is to venture into lawlessness and to enter into the jungle raj. Our foremost duty is to strengthen the weak against the strong, to protect the small fish from the larger ones. We must provide a shield to the individual citizen against the mighty power of the State. We have to protect and promote the Rule of Law and Democracy", said CJ Chauhan.



At the Telangana High Court, CJ Chauhan was part of several notable decisions such as the judgment reading principles of natural justice into RBI master circular on fraud, stopping government from demolishing the heritage building Irrum Manzil, confirmation of decision for new secretariat building etc.

Here is the full text of his farewell speech :

My Learned Brothers and Sister on the Bench, Mr. B.S. Prasad, the Learned Advocate General of the State of Telangana, Mr. A. Narasimha Reddy, the Chairman of the Bar Council of Telangana, Mr. T. Surya Karan Reddy, the President of the High Court Bar Association, and the Additional Solicitor General of India, Mr. N. Rajeshwar Rao, Assistant Solicitor General of India, the learned Senior Advocates,the Learned Members of the Bar, the Learned Registrars of the High Court, Mr. Santosh Reddy, the Law Secretary to Government,Ms. Anupama Chakravarthi, the Member Secretary, Telangana State Legal Services Authority, Mrs. Tirumala Devi, the Director, Judicial Academy, Mr. Ramesh Babu, the Secretary, High Court Legal Services Committee, Officers and Staff Members of the High Court, Ladies and gentlemen,

A farewell is a humbling experience, indeed. It is humbling when the learned Brother and the learned Advocate General shower praises upon you. It is also a moment of revelation when you suddenly realize how short our existence is. Before you know it, it is time to pack up and leave. I am certainly grateful to the learned Brother and the learned Advocate General for their compliments. A cynic would brush aside their speeches. But I like to believe that though they are like interested witnesses, but they are trustworthy eyewitnesses. Therefore, I accept the kernel of their statements with all sense of humility at my command.

It was two years ago that I joined you, although it feels like only yesterday. And this sensation of a short stay is the index of how warm and kind you have been to me and my family, in your official capacities as well as personal. Thus, I am grateful to the Hon'ble Collegium for sending me to the High Court of Judicature for the State of Telangana and Andhra Pradesh, initially as a puine judge, and eventually recommending me as the Chief Justice of this High Court. I am equally beholden to the Hon'ble Collegium for transferring me to the Hon'ble High Court of Uttarakhand. For, the transfer would give me an opportunity to take up the challenges of another state, to see another beautiful part of our nation, and to increase the number of friends across the country. It is an opportunity to learn, to grow, and to do my work to the best of my abilities.

I am certainly grateful to my learned Sister and Brothers for their constant support and cooperation. Thanks to them, we were able to reach many milestones. Despite the Pandemic, in spite of other High Courts shutting down, during the Pandemic we continued to function uninterruptedly. At the relevant time, we were the only High Court in the country with all the Benches functioning. We were the first High Court to dispense with the Summer Vacation. We set the trend for others to follow. Due to the consistent cooperation, we have sailed smoothly through the roughest weather. The worst times brought out the best in us. When technicalities of virtual courts prevented access to justice, we invented the mobile vans for video conferencing. When other State Judicial Academies closed, we introduced online classes for our trainee Judicial Officers. I am glad to note that my Brother and Sister judges are totally focused on improving the institution, in delivering speedy and inexpensive justice to our people. Of course, we are handicapped by the lack of infrastructure, but we have risen to every challenge.

I am also indebted to my colleagues for their guidance in the different Communities. When I sought some opinion, I got sincere opinions; when I asked for advice, I had well-reasoned advice; when I appealed for co-operation, I received full cooperation.

I would also like to record my appreciation for the Colleagues who sat with me as partners in the Division Bench and Full Bench. Their legal acumen, their insights into complex legal issues ensured justice to our people.

The learned members of the Bar have equally contributed to our endeavours. I am proud of our Bar: a courteous, disciplined Bar. A Bar which is illuminated by Senior Advocates, and is well stocked with young dynamic lawyers. I see lot of potential in the Bar. My request to the Seniors is to guide the youngsters. My advice to the young learned members of the Bar is to shadow the Seniors. Since the Seniors are the storehouse of knowledge, experience and wisdom, we must take advantage of the same. The young members of the Bar have highlighted the plight of the people during the Pandemic. Many Senior members rendered pro bono services for the migrant workers, for the Transgender community and for the Physically Challenged persons. Through the PIL jurisdiction, we could save our monuments, we could ensure trains for the migrant workers. With the assistance of the learned members of the Bar, we could solve the intractable problems of the RTC workers or the problems of the holders of a fraud account.

In the times to come, we will face various challenges.                                                                                            But with the young lawyers in command, I am sure we will smoothly chart the unknown terrain.

We must, however, remember that there are no shortcuts to hard work. The advocate must be inquisitive like a detective, tenacious like a farmer, and precise like a surgeon. In the legal fraternity, we must walk the past prescribed by the Constitution of India. To leave the Constitutional path is to venture into lawlessness and to enter into the jungle raj. Our foremost duty is to strengthen the weak against the strong, to protect the small fish from the larger ones. We must provide a shield to the individual citizen against the mighty power of the State. We have to protect and promote the Rule of Law and Democracy. Plato, the famous Greek philosopher, claims in his book, The Republic, that democracy eventually degenerates into anarchy. We must prove him wrong. We survive and prosper as a nation if we concretize the dreams of the Constitution of India. Otherwise, we too will totter and fall like a house of cards.

The Registry is a vital part of our judicial system. It is the life line of the system. Without an efficient registry, the Bar and the Bench are helpless. I am grateful for the untiring service rendered by the Registrar General, Mr. Venketeshwar Reddy and his team. Without their hard work neither the running of the High Court would be possible, nor the holding of the South Zone Regional Conference, organized in February, 2020 feasible. I would like to thank each member of the Registry for their commendable work. Like the front line warrior, the members of the Registry ensured that the High Court was functional even during the worst period of the Pandemic. Of course, we lost a few members of the Registry to the Pandemic. My heartfelt condolences to the bereaved families.

In Buddhist pantheon there are the Bodhisattvas. They are the unseen people, who are capable of reaching Buddha hood, but choose to do so in order to lessen the pain and agony of the people. My office staff, and my court staff is full of such Bodhisattvas. I have been able to discharge my judicial work and my administrative work only because of them. I would like to record my gratitude towards my Secretaries, Mr. Sarfraz, Mr. Srinivas Reddy, Mr. Narshimha Rao and Mr. Sastry. Although my Court and Chamber staff is too numerous to be mentioned individually, but I am indebted to them for their hard work, and efficiency.

Flitting in and out of Hyderabad, taking care of visitors and guests even during the worst of the times, the Protocol Staff, headed by Mr. S. Sriman Narayana has always shined like the Polar Star. I am thankful to them for their tireless service at the oddest hour.

We are all mortals. Thus, prone to have health issues. But we are safe in the hands of our Medical Protocol members. They have stood by all of us judges like the rock of Gibraltar. I am, indeed, grateful to them.

Last but certainly the first and foremost important individual is my wife, Rekha. Like an eternal partner she has stood by me through the ups and downs of my life. Always patient, always smiling, always encouraging, she has tolerated all my temperaments and faults. I am sure without her, I would not be sitting here. My daughter, Aditi, and son, Aditya, are my other support systems. Their phenomenal knowledge, endless conversations, numerous talents, and great cooking keeps me enthralled. Our children are certainly our assets.

As I leave the portals of this historical High Court, my only regret is that there are many unfinished projects which I leave behind me. For the benefit of the Bar, I was keen on establishing an Advocate's Academy near NALSAR; I wanted to construct a building for the learned members of the Bar as a self-contained block in the campus. We need to start paperless courts; we need to enhance the number of judges in the High Court; we need to increase the number of courts in the District Judiciary; we need to provide better accommodations for our Judicial Officers and Staff members. In order to showcase the legal legacy of this region of India, we need to establish a High Court Museum, as other High Courts have created their own museums. We need to further infuse technology in our judicial system. I leave these unfinished dreams of mine for my Colleagues and for the learned members of the Bar to concretize. I am sure, in a short time, we as an institution, and the State of Telangana, as an entity, will rise and shine on the national horizon.

We as a nation have embarked on some new and ambitious experiments. Our posture requires in judiciary, both alertness and flexibility. We, as judges, exist to ensure fairness for all, and compliance with the laws of the land without any fear or favor. Human life is short and our chance to do some good is rather brief. There can be no greater honor than in using that time well and for a nationally useful purpose. May we all have the courage of our professional convictions and the will to live with scrupulous honesty and self-dignity.

Thank you all for introducing us to new cultural nuances and for the famous Hyderabadi hospitality.

Thank you very much for your patient listening. I will now take my last bow to the learned members of the Bar. Thank you.


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