Written Submissions Can Never Substitute Oral Arguments: Justice Ujjal Bhuyan

Recently appointed Supreme Court judge Justice Ujjal Bhuyan speaking at his felicitation ceremony held by the Supreme Court Bar Association (SCBA) stressed on the importance of oral hearings. "Though written submissions are no doubt very useful, they cannot be a substitute for oral arguments." he said. Justice SV Bhatti who was also recently appointed was also felicitated at the function. In his address, Justice Bhuyyan recounted lessons from his early days as a judge." As a new judge, I read all the briefs meticulously and prepared notes. In one matter I wrote 'deserves dismissal'. My good friend the next day argued so effectively that I issued notice and granted ad interim stay". Justice Bhuyyan described this is an important lesson in his career, reminding him to keep an open mind as a judge. "This was an eye opener for me right at the threshold of my career as a judge. I realised that while one should go through the case papers before coming to court, one should not read it in a manner that you make up your mind."Justice Bhuyyan while speaking about his first professional setback said he was initially distraught by it, but "one of the senior advocates saw this and said, you cannot be too sentimental in court and you should be prepared for all eventualities. You must have the skin of rhino".Justice Bhuyyan also recalled that when he was first offered High Court judgeship, he was in a dilemma about accepting it, as his career as an advocate was starting to take off. However, he answered the call of duty and took up the role. "I was in a dilemma and discussed with my father, since my practice was in an upward trajectory. My father said that when the CJ makes a request, it is a great honour and one should never say no. We all owe a duty to the institution and when the call of duty comes, one should never say no." he said. Justice Bhuyyan also spoke of Justice BP Saraf, who on the eve Justice Bhuyyan's elevation gave him a letter which said 'most litigants, approach the court in distress, never be a negative judge'. Justice Bhuyyan said he has preserved that letter since then.Justice Bhuyyan concluded by reminding the gathering that the legal fraternity is answerable to the constitution always. "As lawyers and judges we are all answerable to our judicial and constitutional conscience".Justice Bhatti spoke about his journey from being a trial court lawyer in Andhra Pradesh to being a judge of the Supreme Court. The journey has made him aware of the troubles of litigants he said reflected. "My journey from a trial court lawyer to this position has given me exposure and experience of the difficulties of litigants and the lawyers who represent them." he said.Justice Bhatti said that he is conscious of his duties, responsibilities, functions as a judge of the Supreme Court. "In my felicitation speech as a Judge of Andhra Pradesh High Court , I said I have the responsibility of protecting and enforcing the rights of my citizens. I repeat the same commitment here. And additionally keep in the mind the precedential value of decisions of the Supreme Court" he concluded.Watch the live streaming of the event here.The live updates of the event can be accessed here.

Written Submissions Can Never Substitute Oral Arguments: Justice Ujjal Bhuyan

Sheryl Sebastian

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