Mumbai: Justice Shahrukh Jimi Kathawalla of the Bombay High Court is being appreciated by the Bar for hearing matters even after court hours. However, retired justices say there are many judges who have performed exceptionally well even while working only during court hours.
Justice Kathawalla, 59, enrolled in the Maharashtra and Goa Bar in 1985, was sworn in as an additional judge at the HC in 2009 and was confirmed as a permanent judge on July 15, 2011. His current assignment is to take up fresh suits and matters related to arbitration.
KPP Nair, his former secretary who worked with him for seven years, called Justice Kathawalla “a real judge”. “He comes in at 9.30 a.m. and sits in court till his entire board is heard. He puts up a list of 1,000 matters, sometimes even more. There were times when he called me to his residence even on weekends to take down dictations of a judgement so that time in the court was not wasted,” he said.
Advocate Raju Moray, a classmate of Justice Kathawalla in Government Law College, recalled that the judge was a workaholic even in college, and has always had a sharp memory. “We studied together from 1982 to 1985. His drive has always been to excel, and he had the urge to reach the top. He is a thoroughly justice-oriented person.”
Lawyers frequenting the court find the judge admirable too. Advocate Sharan Jagtiani said, “He is an absolutely remarkable judge. I think that he is doing the work of three people. It is the need of the hour to have such unconventional judges.”
Retired HC judges, however, think there are others who have disposed of more matters during court hours.
Justice V.M. Kanade said, “Justice Kathawalla is definitely doing laudable work, and I salute him for it. But at the same time, it is unjust towards other judges who have also regularly worked late nights throughout their careers, not necessarily sitting in court or in their chambers.”
He says there have been many judges who cleared more matters between 11 a.m. and 5 p.m., such as Justice M.L. Pendse.
“Justice S.P. Bharucha would get up from his chair at 5 p.m. sharp, but would dispose of a large number of matters. Justice A.M. Khanvilkar used to have a board of thousands of matters, but disposed of them in time. We must also think of their staff members, who come from far. Things need to be balanced,” he said.
Another retired HC judge, requesting anonymity, said what mattered was the disposal rate of a judge, not how many hours they worked. “I also think there should be some limitation on how long a judge can sit in court, because along with the judge, his staff also has to be present. Sitting in court till 12 a.m. is unreasonable, as a person’s faculties may be affected.”
