'Gandhi's Principle For Weakest and Ambedkar's Principle for Constitutional Morality Are my Principles':Justice Muralidhar In His Farewell Speech

The Delhi High Court on Thursday bid farewell to Justice S. Muralidhar on his transfer to Punjab & Haryana High Court. The High Court was bustling with lawyers as they gathered to witness a Full Court Reference. Chief Justice DN Patel recalled the landmark verdicts delivered by the judge during his stint of 14 long years, including the one on patents and parity on retirement age.Additional Solicitor General at the Delhi High Court, Maninder Acharya said that Justice Muralidhar always displayed sensitivity towards the plight of people and his judgments depicted this.She added,"In the last 14 years, I had countless opportunities to argue matters before him. The common Petitioner blesses you."Advocate Rahul Mehra, Standing Counsel for Delhi Government began his farewell speech by calling Justice Muraldhar a "supremely respected, incredibly courageous, and justice-oriented judge". He said that Justice Muralidhar's transfer was antithetical to Rule of Law and that he was one of the people amongst the legal fraternity who condemned the arbitrariness of it. Mehra added that it was the wish of the Bar that Justice Muralidhar should soon get elevated to the Supreme Court and return to Delhi.He sang the famous Bengali Song "Tumi Ekla Chaalo..." and translated it to English. "This means, means that even if no one hears your call, you walk alone.Thank you for keeping the flame on side of truth and justice alive. A thousand members of the Bar have been inspired by you", said Mehra.Delhi Bar Council Chairperson, Mr. KC Mittal recalled how Justice Muraldhar came to the rescue of helpless and underprivileged sections of society. Expressing discontent over Justice Muralidhar's transfer, Mittal noted that transfer's must be discussed in order to ensure judicial credibility.Full Court Reference to #JusticeMuralidhar at Delhi HC— Live Law (@LiveLawIndia) March 5, 2020Mohit Mathur, President of the Delhi High court Bar Association, in a lighter vein remarked that the counsel of Punjab & Haryana High Court must be warned, for Justice Muralidhar is a remarkable man who would never settle for the ordinary."Counsel may enter in court, but with socks pulled up" he said.Justice Muralidhar in his farewell speech thanked his wife and family for their incredible support. Referring to his pet labrador, he poignantly noted that she breathed her last on the day of his transfer. Thanking his staff and each employee of the court, he added that without their support, work would not have been possible.He had good words for the junior bar."What I have to now say is for the junior Bar which I found to be, by and large well-informed, articulate and unafraid. I believe in their hands the future of this Court's bar is secure".He further added that court spaces must be incredibly democratic, where Gandhi's principle for the weakest and Ambedkar's principle for Constitutional morality must apply."Over the years, I have realized that that it is not enough for lawyers and judges to speak about constitutional values. It is important to imbibe them. The constitutional values of equality, non-discrimination, dignity, prohibition of untouchability, inclusivity, plurality have to be practiced continuously at personal and professional level both. " he said."Court spaces must be democratic. Gandhi's principle for weakest and Ambedkar's principle for Constitutional morality are my principles."Act of judging meditative and mediativeJustice Muralidhar added that the act of judging takes place in a space that is mediative and meditative. The mediative part is the primary function of judging : dispute resolution."The meditative space in constitutional adjudication, has for me, at least two guiding principle. The Gandhian talisman of the weakest person and Ambedkar's adoption of Grote's constitutional morality", he said.He added that he did not subscribe to the view that Judges perform a divine function. "To me, jettisoning the prefix Lordship and even 'hon'ble' is not a fetish. It is an acknowledgment of how mortal and temporal, and I may venture to add, fallible, we are", he said.Distinction between impartiality and neutralityJustice Muralidhar then elaborated on the distinction between impartiality and neutrality."Impartiality is non-compromisable for a judge. It is an essential attribute. On neutrality, the Constitution in my view requires the judge at all levels to be able to discern the weak from the strong litigant in terms of their capacities to access justice and lean on the side of the vulnerable in order to attempt to achieve equality of arms"He then spoke about how exhausting and at the same time enlightening the process of judging can be."Judging is, without question, not an easy task. It involves a daily onslaught of negative emotions brought to the court by anxious, and often frustrated litigants seeking justice. It is possible that many of the physical ailments of judges are on account of having to withstand the negative energies. Maintaining...

'Gandhi's Principle For Weakest and Ambedkar's Principle for Constitutional Morality Are my Principles':Justice Muralidhar In His Farewell Speech

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