A judge should not hesitate to offend anyone: Justice Oka’s farewell message

“But I was harsh only for one reason. I wanted to uphold the principles laid down by our Constitution,” he said.

In a message read out at the farewell organised for him by the Supreme Court Bar Association (SCBA) in the evening, Justice Oka said: “The judiciary is passing through a very difficult phase. The credibility of the judicial system is being questioned from many quarters. There is no point in trying to give a reply to such criticism. The only fitting answer to the criticism can be given by the collective efforts of the Bar and the Bench, to ensure that quality justice is rendered expeditiously. The criticism of the system can be answered only by better performance.”

Earlier, at the ceremonial bench address, Justice Oka recalled that a “great judge” had once advised him: “Please remember one thing. You are not becoming a judge to become popular. I have followed that advice to the hilt. And that is why so indirectly today it was said that sometimes I was very harsh.”

The outgoing judge said, “I believe this is one court which can uphold constitutional liberties. And that has been my humble endeavour. I am sure that with the collective efforts of so many giants who are sitting here, this court will continue to uphold liberty because that was the dream of the framers of the Constitution.”

“It was my honest endeavour to do that,” Justice Oka said, adding, “I am sure that in that honest endeavour, I may have offended two people, two lawyers.” He, however, did not name the lawyers he was referring to.

On his future plans, Justice Oka said, “Everyone talked about second innings or third innings. When I was listening to this, I always thought that while sitting on the bench, I always believed, since you are using cricketing terminology, I am taking recourse to that, I played like a one-day match. And in a one-day match, there are no second innings… Today at least I am not thinking about playing one more innings. It will take some time for me to reflect upon it.”

CJI Gavai said Justice Oka’s contributions “extend far beyond judgments” and “reflect a deep dedication to the Constitution…and the people of this country”. His contributions to Indian jurisprudence are widely acknowledged, the CJI said.

“Over the years, his judgments have shaped and strengthened the legal landscape of our country. Whether it was in the domain of environmental protection, ensuring that development does not come at the cost of ecological balance, in holding government accountable to the people they serve, in safeguarding the freedom of expression even when the voices were inconvenient or unpopular, or in upholding the dignity of labour and the rights of the most marginalised, Justice Oka’s decisions have consistently reaffirmed the core values enshrined in our Constitution,” CJI Gavai said.

He said Justice Oka also donned the role of a teacher in his courtroom. “In many ways, he has been a professor of law and ethics within the courtroom. He constantly reminded members of the Bar that the lawyer was first and foremost an officer of the court and only thereafter a representative of the client,” the CJI said.

“Though I had no opportunity to argue a case before him, what I could hear from the members of the Bar… he could be stern at times. You were also seen scolding lawyers on multiple occasions,” CJI Gavai said.

“But those who watched him closely knew that behind his firmness was the intention of a dedicated teacher. Like a seasoned professor guiding his students, he held lawyers by standards, not to intimidate, but to encourage. He taught the lawyers that advocacy is not just about eloquence, but about precision, ethics and sincerity,” he said.

Pointing out that he too will retire in November this year, CJI Gavai said, “Both of us have already decided that we will not be accepting any post-retirement assignments and therefore we can think of working together.”

Attorney General R Venkataramani said Justice Oka brought a spectrum of values like liberty, regulation of governance power, freedom of thought and expression, economic and social upliftment of the deprived sections, and conveyed them through his judgments.

He said the outgoing judge will be remembered for the environmental causes he stood for.

Solicitor General Tushar Mehta said Justice Oka was “a tireless workaholic” and “never seen ill-prepared” and that he “will be remembered as a judge who took stand when required”.

Mehta said though he and Additional Solicitor General S V Raju “were always on the wrong side, at the receiving end (in Justice Oak’s court), but our love and respect for a judge can never depend upon the relief which we got or did not get. Thank you for being what you are.”

Senior Advocate Kapil Sibal said Justice Oka “protected liberty like none else in this court”. “History of civilisation is a history of strangulating liberty. Empires have been lost because they strangulated liberty…. Those are the judges in this court who will be remembered when the cause of liberty is served through this institution… And you symbolise that,“ he said.

At the SCBA event, Sibal said, “Seldom have we seen a judge seeking accountability of every state action which is found to be suspect… Your journey as a judge and your passion for liberty in the context of our constitutional values is a benchmark which will be remembered when the history of this court is written.”

SCBA president and senior advocate Vikas Singh said he felt “privileged” to speak at the SCBA event in honour of Justice Oka, “who is one of the most dynamic and progressive judges”.

“I personally feel that 65 is no age to retire. I think this is definitely a matter which needs to be rethought… Wasting the legal acumen of a judge at the age of 65 (years) is actually a waste to the system,” he said.