Constitutional guarantees should be real, not illusory

Constitution guarantees justice, liberty, equality and fraternity to all citizens of this country

What are we, judges and lawyers, here for? Ultimately, beyond the fees and the salaries and career progression and the fame, our lives ought to be and are fashioned by the unending quest for justice — that elusive and difficult goal which is yearned for by the wronged, the downtrodden, the needy, the poor, the marginalised and the innocent.
 
Yes, we have a remarkable Constitution. It guarantees justice, liberty, equality and fraternity to all citizens of this country. But this guarantee is often missing in reality. This is where we, judges and lawyers, have an extremely important role to play to ensure that when citizens knock the doors of the court, they get justice and leave with a belief that the constitutional guarantees are palpable and real and not virtual or illusory.

 
As judges, we endeavour to uphold the rule of law and ensure that it prevails through our writs, judgments, orders and decrees. But, as I have said elsewhere, we must understand that the rule of law means different things to different people. Jurists and other legal experts attempted defining it. We must, however, try and see what it means to ordinary people.
 

For a young girl about to be molested and raped, it means her cry for help is heeded and that she is saved. For a 12-year-old labouring in a coal mine, it means that he has given his childhood, a good education and opportunity to compete with all else. For a family closeted in their house for the fear of an angry mob, slamming the front door which is about to break open, it means that its frantic calls to the number 100 are instantly responded to and all its members are safe. So when we decide cases and in our endeavour to do justice, we ought to view the rule of law from the perspective of the person who needs it. I feel that only then will we able to do complete justice.

 
This court has made remarkable progress in the field of dispensing justice. It is today the premier high court in India.
 
Some may say that this amounts to self praise as I belong to this Court, but isn’t it true?
 
As most of you are aware, this court is perhaps the only high court in the country where a matter filed on one day is placed for hearing on the very next day and in some urgent cases, on the very same day. This is possible only because of the speed and efficiency of the Registry.
 

Technology is advancing exponentially. What seemed impossible a decade or so ago appears to be mundane today. The world, in particular the younger generation, is rapidly adopting the technologies of this digital age. The judiciary also needs to keep pace with these developments lest it be left behind. We need to adopt and adapt these technologies for greater efficiency, greater transparency and greater accountability. Take for example, the time spent in process survey. By utilising digital processes, geotagged and time stamped photographs of the persons on whom the service is affected and the real-time tracking of the process servers, we can easily cut down three-six months from the timeline of each case. There are many more ways in which technology can be utilised to hasten the process of justice without impinging on its quality.

 
The Delhi High Court is a frontrunner in this area. We have 11 e-courts and out of these, three jurisdictions — that is, taxation, arbitration and company law — are completely paperless from filing to judgment. This needs to be replicated in respect of all courts for all jurisdictions. We have started well and have also run the middle race, but we need to cross the finish line. I hope and I’m sure that my brother and sister judges will be able to achieve this in the near future. Of course, some may huff and puff with the introduction of newer technology, but the zeal and determination will take them and along with them the whole court through.

 
Advocacy is an art as much as it is a science. In my time in this high court — both as an advocate and a judge, I have noticed the growing quality of the Bar. I have, however, a few requests to make. First of all, senior members of the Bar must encourage their juniors to muster courage to argue cases and should guide them when they are in difficulty. Secondly, the younger advocates should, while being fearless, temper their arguments with politeness and civility. Thirdly, it must be said that there is no substitute for hard work to master the facts and the law. And finally, I request all advocates to ensure that they do not do something or say something in court which results in the loss of their credibility. Once lost, it is hard, if not impossible, to regain. 

 
I must, as it has almost become a habit with me, narrate an anecdote about Mullah Nasiruddin — the well-known and whimsical Sufi master. One day at the tea house he announced to all present that he could see in the dark. One youngster immediately remarked, “But Mullah just last night I saw you walking down the street and you had a lantern in your hand.” Unfazed, Nasiruddin answered, “The lantern was not for me but for others so that they don’t bump into me.”
 
However, there is a higher moral of the story and it is that the enlightened do not need light for themselves but they ought to show light to others by sharing their learning and knowledge with them. This applies to the experienced and senior members of the Bar. I say this with the objective of strengthening the Bar, which in turn would provide men and women of legal acumen and compassion to take up the Bench of the court in the future.

 
In Alice in Wonderland, in the course of the trial concerning the theft of the tarts, the White Rabbit, putting on his spectacles asked of the King who was the judge, “Where shall I begin, please Your Majesty?” The king said gravely, “Begin at the beginning and go on till you come to the end, then stop.”
 
Well, I have now come to the end and must stop. But not before thanking you all once again for taking time out to bid me farewell. And as my five-and-a-half-year-old Star Wars-fixated grandson would have me say, may the force be with you. Jai Hind!

  Edited excerpts from the farewell speech of Justice Badar Durrez Ahmed in the Delhi High Court on March 30 as reproduced on BarandBench.com