Judging is not an easy task, Chief Justice of India (CJI) N.V. Ramana said on Friday.
On one hand, he said, a judge should focus on law, the precedents and facts of a case and, on the other, the human aspect. Judges should use the “little discretion” law allowed to keep sight of the human suffering and toll behind every case. A decision of the court would echo through time. It would have repercussions. A judgment became the law of the land. A judge had to keep all this in mind while dealing with a case.
“Deciding cases is not an easy task. We not only have to focus on the law and precedents surrounding the issue before us, as well as the facts of the case, but also the repercussions of what we decide and the precedent we may be setting. This makes it necessary for us judges to be logical and objective and theoretically sound. However, we should not lose sight of the people and their difficulties behind the cases. The little discretion that is given to us, is the area in which a judge has flexibility to display his philosophy,” he observed.
Farewell for Justice Ashok Bhushan
The CJI was speaking at a farewell organised by the Supreme Court Bar Association for retiring judge Justice Ashok Bhushan.
He said Justice Bhushan, besides his “remarkable judgments”, had, as a “humanist judge”, left a mark in the hearts and minds of the people of the country.
The CJI termed the Bar “the protector of the institution”.
He said, “Lawyers must respect the institution and protect the judiciary from any onslaught which is likely to affect the functioning of the judicial system. I know, the Supreme Court Bar is always a frontrunner when it comes to supporting the institution from motivated attacks. They always cherish the contribution of judges and appreciate their hard work. They never forget the efforts of judges”.
The CJI underscored that the strength of the institution lay in the unity of the Bar and the Bench.
