'A Judge Has To Go Out Of The Way To See That Justice Is Done At Any Cost' :Chief Justice Oka Bids Farewell To Karnataka High Court

Chief Justice Abhay Oka of the Karnataka High Court in his farewell speech on Friday said, "A judge has to be strict without being harsh and very firm without being adamant, a judge must not go out of the way to please anyone. But he/she must go out of the way to see that justice is done at any cost." Justice Oka, who has been elevated to the Supreme Court, was speaking at a function organised by the High Court and Karnataka State Bar Council. He went on to say that, "After working for over 18 years as a judge I realised that the job of the judge is never easy by the very nature of the job, half of the people in the courtroom become unhappy. If a judge is strict and disciplined, he or she has the potential of making more than one half unhappy but I always believe that a judge has to be strict without being harsh and very firm without being adamant." He added, "As a Chief Justice, I had to take certain hard and harsh decisions in the interest of the institution, I was forced to take steps to prevent the members of the bar from abstaining from work, the only objective was to ensure that litigants and junior members of the bar do not suffer. I firmly believe that it is the duty of all those who are associated with the judiciary to do everything to ensure that the faith of the common man in the judiciary is not shaken. Infact, maintaining the credibility of our judicial system is now the biggest challenge before all of us." Further, he said, "I always tried to be very strict in the court, therefore knowingly or unknowingly I must have hurt many. On this occasion, I assure you that it was wholly unintentional and it may be due to my anxiety and over-enthusiasm to do justice within my limitations." In his speech, he enumerated the various steps taken during the period of Covid-19 pandemic by the Karnataka High Court to ensure smooth functioning of courts. He said "All of us are hoping that there will not be a third wave of covid-19 but I can assure the citizens of the state that even if there is a third wave, courts in Karnataka will continue to function." He expressed regret that the judiciary could not achieve the target of reducing arrears of cases in the state. He said,"On May 24 2019, when I received a great welcome in this court hall I had said that my priority will be our district and trial courts. I always felt that the judiciary in Karnataka has the potential to make all courts arrears free. We took several steps on this behalf, setting out a timeline for disposal of cases. Our aim was to ensure that till the end of the year 2021, there will not be a single, five year old case pending in our trial and district courts, unfortunately Covid-19, had an adverse impact on our efforts. Now, I have issued new directions on this behalf and I am confident that if all stakeholders cooperate we may achieve this target if not by the end of 2021 but atleast by the end of 2022." Justice Oka showered praises on the abilities possessed by the members of the bar in Karnataka; "I take this opportunity to record my highest appreciation for the members of the bar, practising before the principal seat of this court as well as before the benches. All of them were always well prepared. The most important quality of members of the bar which I must highlight is that they know where to stop and where to draw a line. This is a rare quality possessed by the members of the bar. Most of the members of the bar displayed a quality of fairness. I hope and trust that younger members of the bar will continue this highest tradition." Justice Oka said he was lucky to get an opportunity to serve as a judge. "It has been a very long journey for me, I started practising at district courts in Thane under the guidance of my father on June 28, 1983. At that time I never ever imagined that I would get an opportunity to practise in the Bombay High Court. I consider myself very lucky that I got an opportunity to work as a judge of the Bombay High Court for 15 years, 8 months and 12 days." He added, "I was privileged to occupy the august position of the Chief Justice of Karnataka High Court, for a period of two years three months and 26 days. The 18 years of judging has been a great learning experience for me, thanks to all my chief justices, I got an opportunity to work in all jurisdictions. Here as a chief justice I got an opportunity to deal with cases related to mining laws which I had not dealt with in Bombay High Court. Thanks to members of the bar that everyday I learnt something new during the last 18 years. Now I will get an opportunity to work in one of the strongest courts in the world." Leaving it upon the members of the bar and the litigants to comment on his abilities as a judge, he said "It is ultimately for the members of the bar and litigants to deliver the final verdict on whether I deserve this honour. I personally feel that what I...

'A Judge Has To Go Out Of The Way To See That Justice Is Done At Any Cost' :Chief Justice Oka Bids Farewell To Karnataka High Court

Mustafa Plumber

Justice Abhay Oka, while concluding his farewell speech, mentioned that it's a historic occasion for the Karnataka Judiciary that two judges of the court will be sworn in at a time as Supreme Court Judges.

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