The Moment Religion Comes On The Road, It Ceases To Be A Religion: Justice Pankaj Naqvi In His Retirement Speech

"Retirement for me is an occasion to express thanks and gratitude to all the individuals and personalities who have impacted my professional career, both as a lawyer and as a judge," said Justice Naqvi.

Justice Naqvi was speaking at the farewell ceremony organized in his respect by the High Court administration on his last working day.

"Constitution is our bible, we can live and die for the Constitution"

"I was the offspring of an inter-religious marriage"

At the outset, Justice Naqvi said that he was the offspring of an inter-religious marriage and thereafter, remembering his father, Justice Naqvi said that his father imparted 2 basic values in him. First being, there is no religion superior to the religion of humanism and second being, always be secular in your approach.

"You can't be a good Hindu, you can't be a good Muslim, unless you are a good human being…Religion is something very personal, it should remain confined within 4 walls of the House.The moment religion comes on the road, it ceases to be a religion. Today, in retrospect when I look at these words, how true are these values."

Good Lawyer vs Successful Lawyer

Recounting his Campus Law Centre, Delhi days, Justice Naqvi said that he fortunate to have been taught by Professor Upendra Baxi and Dr. Moolchandra Sharma.

He also mentioned about an incident wherein Senior Counsel KK Venugopal (presently the Attorney General for India) had come to deliver a lecture in CLC on the topic "Professional Skills Needed For Becoming A Successful Lawyer."

"When he came to deliver the lecture, he changed the topic to 'Professional Skills Needed For Becoming A Good Lawyer', at that time I couldn't understand what it meant, but when I entered the bar, I understood the difference between the Good Lawyer and a Successful lawyer. My constant endeavour has been to become a good lawyer and that my today is better than yesterday. I always tell the lawyers that your today should be better than yesterday."

Justice Naqvi also said that the Chamber system is on the decline and that such a system is like a gurukul and it is a very important part of a lawyer's journey.

"Lawyers don't even know as to address the chair also, something needs to be done for this," Justice Naqvi added.

Some notable orders of Justice Naqvi

In an important ruling, the Bench comprising Justice Pankaj Naqvi and Justice Vivek Agarwal on 11^th November specifically observed that "Right to live with a person of his/her choice irrespective of religion professed by them, is intrinsic to right to life and personal liberty."

Importantly, the Bench had remarked,

"We fail to understand that if the law permits two persons even of the same sex to live together peacefully then neither any individual nor a family nor even the state can have an objection to the relationship of two major individuals who out of their own free will are living together."

While observing that the Judgment in Priyanshi @ Km. Shamren and others v. State of U.P. and Another [Writ C No. 14288 of 2020] followed the Judgment in Smt Noor Jahan Begum @ Anjali Mishra and Another vs. State of U.P. and others. [Writ C No. 57068 of 2014], the Court observed,

"None of these judgments dealt with the issue of life and liberty of two matured individuals in choosing a partner or their right to freedom of choice as to with whom they would like to live."

"We hold the judgments in Noor Jahan and Priyanshi as not laying good law," the Court further ruled.

Uniting an interfaith couple, the Bench of Justice Pankaj Naqvi and Justice Vivek Agarwal last year noted the Woman had "expressed that she wants to live with her husband (Salman @ Karan) she is free to move as per her own choice without any restriction or hindrance being created by third party."

Last year, his bench had stayed the arrest of a man booked by the UP Police under the Prohibition of Unlawful Conversion of Religion Ordinance, 2020.

A Division Bench comprising of Justices Pankaj Naqvi and Vivek Agarwal had asked the UP Police to not take any coercive action against the accused, Nadeem, until the next date of hearing. The Court said,

"Victim is admittedly an adult who understands her well being. She as well as the petitioner have a fundamental right to privacy and being grown up adults who are aware of the consequences of their alleged relationship. "

About Justice Naqvi

Justice Naqvi Graduated in Law from Delhi University in 1984 and he was enrolled as an advocate on Jan 24, 1985.

He Practised in Civil side at Allahabad High Court and was Elevated as an Additional Judge on Nov 21, 2011 and took oath as Permanent Judge on Aug 06, 2013.