'A Judge, Who Always Upheld Individual Liberties': Supreme Court Judges Pay Tribute To Late Justice M. Shantanagoudar

Mehal Jain

18 Sep 2021 4:31 PM GMT

  • A Judge, Who Always Upheld Individual Liberties: Supreme Court Judges Pay Tribute To Late Justice M. Shantanagoudar

    Paying tribute to deceased Supreme Court judge, Justice M. Shantanagoudar, Apex Court Justice Abdul Nazeer on Saturday spoke of the former's "astute legal mind whose incisive legal thinking was constantly channelised towards aiding and encouraging the average citizen and resolving their everyday problems".The judge was speaking at an event organised by the Karnataka State Bar Council to...

    Paying tribute to deceased Supreme Court judge, Justice M. Shantanagoudar, Apex Court Justice Abdul Nazeer on Saturday spoke of the former's "astute legal mind whose incisive legal thinking was constantly channelised towards aiding and encouraging the average citizen and resolving their everyday problems".

    The judge was speaking at an event organised by the Karnataka State Bar Council to pay tributes to Late Mr. Justice Mohan M Shantanagoudar.
    "His intelligent empathy was the guiding force behind some of his judgments. In Krishna Lal Chawla, he said that trial court judges have a duty to ensure that the justice delivery system should not be used as a tool to fulfil personal vendetta and harass the average citizen. In X v. State of Maharashtra, his concern for mental health prisoners showed his empathy and pursuit of rights across every section of the society...In Rekha Sengar, he showed no leniency towards hospitals on the issue of gender determination, saying that strictness was needed if female foeticide was to be curbed. He was the recipient of the handwritten note by a 10-year old child, along with Justice Kurian Joseph, for resolving the years of matrimonial discord and litigation between the child's parents", said the judge.
    Justice Nazeer recalled that they were both appointed as additional judges of the Karnataka High Court on the same day, followed by being appointed as permanent judges of the High Court again on the same day. "My journey with Justice Shantanagoudar continued to the Supreme Court when we were both elevated on the same day", told the judge.
    "There was always a calm atmosphere in his court, having shared the bench with him on several occasions. It is said that a calm mind is an ultimate weapon against any challenge in life. He possessed that quality in abundance. He was particularly encouraging of junior advocates. However, once the parties were given a fair opportunity to be heard, he was fierce in enforcing the letter of law against the guilty", told the judge.
    Justice Nazeer hailed Justice Shantanagoudar's commitment to his work indicating how even despite battling a disease, the latter wrote a detailed judgement in an insurance matter delivered on March 22, 2021.
    In her turn, Supreme Court Judge and former Karnataka High Court Judge, Justice B. V. Nagarathna narrated that Justice Shantanagoudar was interested in the welfare of the advocates' community; he took up the responsibility of being a member of the Bar Council- he was elected twice- he was the vice-chairman of the bar council and later the chairman.
    "He was elevated as a judge of the High Court of Karnataka. All of us who appeared before him know that him as a judge of a great degree of patience; there was never an unpleasant situation in his court, he always wore a smile in the court and infused confidence in every advocate, particularly junior members who would argue without any stress or tension. No junior advocate missed an opportunity of arguing any case before him," said Justice B V Nagarathna.
    "I have pleasant memories of being an advocate appearing before him in his court and also later as his colleague. Particularly when Justice Shantanagoudar and I posted at different benches of the Karnataka High Court, he ensured that we the junior colleagues were comfortable and had a cordial atmosphere and that we did not face any difficulties", told Justice Nagarathna.
    "He never delayed any matter nor denied anyone a patient hearing and exhibited true qualities of a judge.He related everything to his conscience and he was always judging himself throughout his life. In a democracy, the judicial institution has an important role to play and the common man and the seeker of justice looks upon the presiding officer in the court with high hope, faith and confidence, Justice Shantanagoudar always said. He was fully conscious of the fact that it was a sacred duty not to betray the faith of the people in the great institution of the judiciary. He spoke his mind, never minced his words, either in judgements or in public addresses. He always upheld individual liberties", concluded the judge.
    Supreme Court Judge and former Karnataka High Court Chief Justice, A. S. Oka told, "The articles by his law clerks and interns describe him as a great human being, as a father-figure who took care of all their needs. I found him to be very friendly and down-to-earth. He was known for his remarkable simplicity and kindness. One of his staff members who worked with him in the Supreme Court is now working with me. He described him as the most kind hearted and simple judge he has ever seen. He told me that he suffered from a heart ailment and Justice Shantanagoudar went out of his way to render help...In December, 2019, I was unable to attend the court due to sickness. He used to call me on alternative days and enquired about my health. He was so kind to me that he suggested the names of 2 eminent doctors in the city", told Justice Oka.
    Continuing, the judge said, "He was like my elder brother in discharging my duties as CJ of the Karnataka High Court. He guided me several times. In July 2020, when we started phase-wise opening of the courts, he came up with several valuable suggestions..."

    Finally, Supreme Court judge and former Karnataka High Court judge, Justice A. S. Bopanna, said, "When I wanted to put his qualities in a consolidated form, I remember having read what was referred by Albert Einstein about an inscription on the grave of H. A. Lawrence, a great physicist, which would be appropriate to describe Justice Shantanagoudar in a paragraph- 'His life was ordered like a work of art down to the smallest detail. His never-failing kindness and magnanimity and his sense of justice, coupled with an intuitive understanding of people and things, made him a leader in any sphere he entered. Everyone followed him gladly, for they felt that he never set out to dominate but always simply to be of use. His work and his example will live on as an inspiration and guide to future generations'. "
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