It Is Not True That Justice Is Done Only If Judgment Is Against Government: Justice Abhay Oka
Retired Supreme Court docket Decide, Justice Abhay S. Oka, mentioned at present, whereas talking at a farewell operate organised by the Bar Council of Maharashtra and Goa, that it isn’t true that justice is finished provided that the judgment in a case is in opposition to these in energy or the federal government.
Justice Oka, who retired on Might 24, 2025, additionally mentioned that he doesn’t intend to do any adjudicatory work, together with arbitration, and that he had utilized for sanad solely to have the ability to give authorized recommendation when hunted for. The Bar Council introduced him with the sanad in the course of the operate. He additionally mentioned that he want to do the work of instructing, however not any work as a lawyer, besides advisory work.
Apparently, whereas talking from the ceremonial bench assembled on the event of his retirement, Chief Justice BR Gavai had said that Justice Oka wouldn’t settle for any post-retirement project. Nevertheless, Justice Oka had mentioned on the identical event that he desires time to mirror on the query of post-retirement assignments.
Justice Oka mentioned at present in his speech in Marathi, “It’s not true that it’s justice provided that you resolve in opposition to these in energy/ the federal government (राज्यकर्ता). At instances, it’s a must to resolve in favour of the federal government if the choice falls throughout the 4 corners of the Structure.”
The operate held at Pune in affiliation with the Pune Bar Affiliation was additionally attended by Justice Ujjal Bhuyan of the Supreme Court docket, Justices Revati Mohite Dere, Makarand Karnik and MS Sonak of the Bombay Excessive Court docket.
Justice Oka mentioned, “I’m of the agency view {that a} choose ought to by no means take into consideration the implications of his selections or the place he’ll attain in his profession. When a choose passes a judgment, he ought to solely consider one thing- that’s whether or not the choice is in accordance with regulation, whether or not it falls withtin the 4 corners of the Structure, and if the reply to each these query is within the affirmative, it’s the choose’s responsibility to move that judgment. The choose shouldn’t take into consideration what would be the penalties of that call, what’s going to these in energy or the opposition say about that call. …Each time I am going to judicial academies to coach judges, I at all times inform them that you must solely take into account whether or not your resolution is in accordance with the regulation. Dont take into account whether or not your resolution will harm somebody or if you’ll lose some put up that you could be in any other case get“.
Justice Oka additionally added {that a} choose ought to by no means attempt to make attorneys pleased.
He began his remarks on the topic by saying, “I’ve an opinion on how judges ought to behave, and it’s my responsibility to say the identical. As soon as you’re taking the oath as a choose, you shouldn’t for a second take into consideration your future prospects, as to what you’re going to get in future. The day a choose thinks about whether or not he’ll get a put up, he will be unable to operate as a choose“.
Firstly of his speech, whereas thanking the Bar Council for talking about his judgments and whereas saying that it could not be applicable for him to touch upon his personal judgments, he mentioned that upon retirement, he was extra involved about judgments that he couldn’t ship than those he delivered.
He mentioned that he was in a position to work within the Supreme Court docket on each working day besides Might 22, on which day there have been round 40 to 50 vital instances pertaining to rights beneath Article 21, which he couldn’t resolve. He mentioned that he’ll at all times remorse the identical.
He mentioned that Judges normally view retirement as freedom, however that he disagrees since, in keeping with him, there is no such thing as a different job as pious as delivering justice. “There’s a tinge of disappointment in my thoughts, that I will be unable to hereafter carry out the pious responsibility of delivering justice“, he quoted from his earlier retirement speech.
He mentioned that on the subject of the surroundings, judges ought to take robust selections, and that they need to ignore criticism that the choice is harsh.
He additionally mentioned that the delay in making appointments as per suggestions of the Collegium needs to be averted, and that the delay leads to good candidates refusing to simply accept the supply of judgeship.
He mentioned that the development amongst attorneys district judiciary in Maharashtra, to abstain from work for a day when a senior member of the Bar passes away, ought to cease. He mentioned that in such conditions, the members of the Bar should work tougher to honour the departed colleague.
