New Delhi: Chief Justice of India (CJI) N.V. Ramana on Tuesday said when on the bench, a judge cannot defend himself against even “motivated attacks”, while a retired judge can do so when the need arises.
He made these remarks at a farewell event for Justice R. Subhash Reddy, who demitted office on Tuesday after serving for over three years in the apex court.
At the farewell function organised virtually by the Supreme Court Bar Association (SCBA), Justice Ramana said retirement is just like “freedom regained”, particularly for a judge, as he is then free from all the restrictions that come with office and can express his views on all issues freely and frankly.
While the CJI did not give any instances of “motivated attacks”, he was the target of sensational accusations by Andhra Pradesh chief minister Y.S. Jagan Mohan Reddy. In October 2020, Reddy claimed that Ramana – who was then next in line to be CJI – was acting against his government to aid N. Chandrababu Naidu. An in-house inquiry subsequently dismissed Jagan’s allegations.
“When on the Bench, a judge cannot defend himself against even motivated attacks. A retired judge is free to defend himself, when the need arises. I am sure Brother Reddy will make the best use of [his] new found freedom,” the CJI said on Tuesday.
Earlier in the day, CJI Ramana sat with Justices Reddy, Surya Kant and Hima Kohli for the ceremonial hearing in the court at noon and was effusive in his praise of the outgoing judge, saying he upheld and protected people’s liberties and has compassion and consciousness about social realities.
Justice Reddy took up several death penalty cases, and would spend an immense amount of time on them to ensure that the person gets a fair chance at justice even at the last stage, he added.
“On the bench, I personally witnessed his analytical skills while deciding cases of Anuradha Bhasin, Foundation of Media Professionals, and Shah Faisal vs Union of India,” he said.
“Justice Reddy, during his tenure as a Supreme Court judge, dealt with several sensitive questions of law and penned down more than 100 judgments. I have also shared a bench with him and have benefited from his opinions and acumen,” CJI Ramana said.
“Justice Reddy is known for his compassion and consciousness about social realities , the CJI said, adding that the outgoing judge will be remembered for his dedicated commitment to the administrative side of the apex court.
The CJI recalled his association with Justice Reddy from his days as a lawyer and said he practised for 22 years at tribunals, civil courts, the Andhra Pradesh high court and also before the Supreme Court in civil, criminal, constitutional, revenue, taxation, labour, company and service matters on both original and appellate side.
It is not easy to bid farewell to a friend who is known to you for nearly four decades, he said.
Justice Reddy, who was elevated to the apex court on November 2, 2018, has the distinction of being the first judge from Telangana. With his retirement, the total strength of apex court judges has come down to 32 against the sanctioned strength of 34.
In his remarks, Justice Reddy raised the issue of pendency of cases and called for bringing drastic reforms keeping in mind the present-day needs of society. According to LiveLaw, Justice Reddy said that apart from modernising procedural laws for faster disposal of pending cases, having a further court of appeal above the high courts may solve the issue of high-pendency of cases to some extent.
Attorney general K.K. Venugopal, solicitor general Tushar Mehta and SCBA president Vikas Singh were among others who also spoke on the occasion.
(With PTI inputs)