New Delhi: Justice AS Oka made a significant observation on Friday, and called for reform.
On his last working day as a Supreme Court judge, Justice Oka said India’s top court is Chief Justice-centric and needs to change.
Justice Oka also hinted that a change might come under the new CJI BR Gavai, who took charge 10 days ago, post the retirement of Justice Sanjeev Khanna, and will remain in the post until his retirement in November.
Justice Oka, speaking at his farewell function organised by the Supreme Court Bar Association, said that High Courts function more democratically than the Supreme Court.
“The high courts function through committees, while the Supreme Court is Chief Justice of India-centric. It needs to change. You will see this change with the new CJI… I am very happy that Chief Justice Sanjiv Khanna (who retired on May 13) took us forward on the path of transparency. He took decisions after taking every judge of the Supreme Court into confidence. Justice Gavai has democratic values in his blood,” said Justice Oka.
Continuing his straight talk, Justice Oka suggested other areas in which the top court could improve. According to him, the Supreme Court and high courts have ignored the trial courts.
“We should also think about trial courts and the common man. There are too many cases pending in our trial and district courts… Never call a trial court a subordinate court. This is against constitutional values… It is a difficult task to punish someone after 20 years,” Justice Oka made his point firmly.
On his thoughts about retirement, Justice Oka said: “Judges have the freedom to do justice and you don’t have that freedom when you are no longer a judge. After 21 years and nine months, and having been a judge of three constitutional courts, judgeship becomes life, and life becomes judgeship.”
He had no regrets that he became a judge, giving up what would probably have been a more financially rewarding career.
