I
feel a sense of pride and privilege in being given an opportunity to
preside over this historic High Court, which is one of the three chartered
High Courts and has completed 150 years of its existence along with Calcutta
and Bombay High Courts. The Madras High Court is a trailblazer with several
firsts. This Court has seen a grand mix of European and Indian lawyers rubbing shoulder
to shoulder. Great lawyers have shown their eminence in the national
capital and who are veritable role models for a whole
community of lawyers across India. Each one of them has100 left an admirable chain of talented
juniors. This Court has also produced outstanding Judges. You can be
proud of the120 // fact
that Mr. R. Venkataraman, former President of India, is also from your Bar.
The
litigation emanating from the Madras High Court and going right up to the
Supreme Court has given a new dimension to the Indian Constitution. The
movement of social reformers and great stalwarts outside court in
public life found matching judicial pronouncements that shaped
constitutional jurisprudence in several areas like human rights, land
reforms, public law remedy for securing compensation against
violence and loss of property200
etc.
My
endeavour to refer to this past glory is with a certain objective; the immense
responsibility on all of us to carry forward the tradition of greatness. We
will only deserve such place in history as the collective efforts240 // of
lawyers and Judges bring to the cause of justice and service to public. The
noble profession carries with it great sense of responsibility. The public
looks towards us to provide them the “elusive justice” and lawyers and
Judges are an instrument to do so. Like a temple cannot remain closed, a
temple of justice can also not remain closed300
for the teeming millions of this country. It is no answer to them to say
that courts are not functioning for one reason or the other, and that we
failed to provide the service in a manner befitting the profession we carry on,
and the office we hold. Lawyers and Judges have to take a step forward towards
the vision360 // of
better work culture organizing a transparent system where the litigant does
not find access to justice as a burdensome adventure. In this age of
technology, we cannot expect the public to wait indefinitely for
us to find an ideal400
solution. There has to be prompt justice. Thus, there has to be a two-pronged
strategy. First, pendency of old cases must get some priority as
litigant has waited enough and one must make sure that the current institution
does not result in a similar long pendency. This is easier said than
done. But nothing is impossible if we make a joint effort. Secondly, use
of optimal computer technology for all round improvement in justice
delivery system coupled with better480
//
Court
management can go a long way to get a better output. At the same time,
conventions must hold good500
but then change is also a necessity as we cannot be stuck in a time
warp. Each case should be able to be tracked from its cradle to grave. Starting
from the time when a case is instituted and right through different tiers of
scrutiny, efforts have to be made to see to an early disposal. We have
to use technology to deal with high volume of pendency. Let me say that I
am not deterred by the large institution of cases. It
should be taken as a reflection of faith of the people in the system. But
the pendency of600 cases acquires
the character of arrears not on the date of the institution but when they cross
the ideal time fixed for their disposal, keeping in mind the nature of
the case. The Madras High Court has been an example640 for the experiment of mediation process.
It is from there that the then Chief Justice of Delhi, who was also the
Chief Justice here, got mediation to Delhi when I was the Judge of that
Court. We have had the benefit of guidance from the expert mediator
of this Court. I see no reason as to why we cannot utilize700 a vibrant Alternative Dispute Resolution
Mechanism to reduce the burden of the Court and also to provide more palatable
solutions.720 // In
certain areas of Court administration, private enterprises may be
useful. This can be in developing system of court management and
translation of publication of important judgments of this Court in Tamil
language which is the language of the people. Tamil language has given
to the world great concepts. Even the symbol of balance to justice must have
been an inspiration from Tamil epic Thirukkural. I have had
the opportunity of interaction with eminent lawyers from here while
practising at800 Delhi and
also found them appearing before the Bench on account of their prominent
presence in the Hon’ble Supreme Court. On my recent visit in April to
Madurai and then driving to various historical monuments, I was
greatly impressed840 // by the
cleanliness and neatness maintained. Education is being used as a
tool of improving skills. The people of the State, thus, have the commitment
to the larger cause in which discipline plays an important role. On this
occasion, I would make a humble request that everyone must abjure lawlessness
in Court complexes, cooperate with each other and continue to900 provide justice to the common man uninterrupted.
The Court must be demystified for the litigant by making information
available through technology or otherwise so that they have an easy and simple
way to access justice.
I
am thankful for the kind words spoken about me by the Advocate General and
others. I will do my utmost in living up to960
//
your
expectations and I need the cooperation of all of you. I
am of the firm view that success of the legal system depends on the
cooperation between the Bench and the Bar. You have raised certain demands and
I1000 assure you that I will
discuss with my brother and sister Judges and will see to it that
they are met as far as practicable. My doors are always open
to my brother and sister Judges and the Bar. I am confident that just
like my stint of 14 months in the Punjab and Haryana High Court, the
lawyers and my brother and sister Judges will walk with me hand-in-hand
for the larger cause to provide justice to1080 // the
common man.
