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Supreme Court is CJI centric, must change, says Justice AS Oka during farewell
Supreme Court is CJI centric, must change, says Justice AS Oka during farewell

Hindustan Times

time23-05-2025

  • Politics
  • Hindustan Times

Supreme Court is CJI centric, must change, says Justice AS Oka during farewell

Freedom of expression; procedural safeguards against stringent laws such as the Prevention of Money Laundering Act and Unlawful Activities Prevention Act; and the fight against bad air in the National Capital Region -- these were just some of the causes taken up by one of the most active judges of the Supreme Court. On Friday, his last day in the Supreme Court, justice Abhay Shreeniwas Oka, 65, delivered 11 judgments, par for the course for a judge who has, in the course of his 3 years and almost nine month-stint in the apex court, authored 370 judgments and was part of over 1,000 decisions. 'Supreme Court is a chief justice-centric court and it needs to change. Supreme Court has about 34 judges from different parts of the country and that should be reflected,' justice Oka said during his farewell. Chief Justice of India, BR Gavai described justice Oka as a 'workaholic' on his last day at work. It is believed that the first day he took off from court was his penultimate day at work, Thursday, May 22, when he received news of his mother's demise and travelled to Thane, his ancestral home, to attend her funeral. But he took the late evening flight, and was in court on Friday to deliver 11 judgments. 'Both of us have already decided that we will not accept any post-retirement assignments and therefore, we can think of working together (after retirement),' CJI Gavai said. Justice Oka, known and respected for his intellect, judicial acumen, empathy for human suffering and strong conviction to uphold constitutional principles, was the third most senior judge in the Supreme Court at the time of his retirement. His judicial tenure -- he was named from the bar -- began as an additional judge of the Bombay high court on August 29, 2003. He was the chief justice of Karnataka high court from May 2019 till his elevation to the Supreme Court on August 31, 2021. An outstanding judge, a trusted friend, and an exemplary human being is how CJI Gavai described justice Oka. The ceremonial bench that CJI presided in his honour on Friday sat for around 90 minutes with lawyers including Attorney General R Venkatramani, Solicitor General Tushar Mehta, and senior members of the bar shared their appreciation for the wealth of judgments he gave and praised his unwavering commitment to liberty, freedom of speech and expression, constitutional principles, protection of the environment, and holding the government accountable. 'I have known him as a lawyer. He is an outstanding judge, a trusted friend, and an exemplary human being. His judgments shaped the legal landscape in environment protection, holding the government accountable, safeguarding freedom of speech and expression, protecting rights of labour and marginalised,' CJI Gavai said describing justice Oka's contribution. The CJI said that he was often amazed by the energy possessed by justice Oka. Attorney General R Venkatramani said, 'Your judgments have given us considerable food for thought. The strong flag you waived for environment causes and your judgments on criminal law were great pointers.' 'I believe this is one court which can uphold constitutional liberties and it has been my humble endeavour to do so. A judge should not hesitate to offend as you are not becoming a judge to become popular,' Justice Oka remarked in his final address on the ceremonial bench.

SC A Chief Justice-Centric Court, Requires Change: Justice Abhay S. Oka
SC A Chief Justice-Centric Court, Requires Change: Justice Abhay S. Oka

India.com

time23-05-2025

  • Politics
  • India.com

SC A Chief Justice-Centric Court, Requires Change: Justice Abhay S. Oka

Supreme Court judge Justice Abhay S. Oka, delivering his farewell speech on Friday in an event organised by the Supreme Court Bar Association, pointed out that the apex court was Chief Justice-centric court, which required a change. Justice Oka, who is set to demit office on Saturday, said that the diversity of the Supreme Court, having 34 judges from different parts of the country, should be reflected in its functioning. He lauded ex-CJI Sanjiv Khanna for transparency initiatives, saying that the latter took decisions by taking everyone into confidence. Justice Oka added that the incumbent CJI BR Gavai has "democratic values embedded in his blood". In his speech, Justice Oka suggested the listing of the cases in the top court with the assistance of Artificial Intelligence (AI). He said that there cannot be an improved listing unless the manual intervention is reduced to a minimum. Justice Oka, who served as a judge for the last 21 years and 9 months, said that he got so much involved with his judicial work that "judgeship became life and life became judgeship". He said that when one joins the Bench, they may not get the kind of income a lawyer earns, but the work satisfaction cannot be compared with a career as a lawyer. "Judgeship is a beautiful concept. When you are a lawyer, you may have several constraints, but when you are a judge, nobody controls you except the Constitution, the laws, and your own conscience," Justice Oka said. In his farewell speech, Justice Oka recalled the sacrifices undergone by his family, including that of his father, who quit civil practice in the Bombay High Court after his son's elevation to the Bench. He stressed that district courts or trial courts should not be called subordinate courts. "No court is subordinate. Calling a court subordinate is against our constitutional ethos," he maintained.

Describing any court as ‘lower courts' undermines constitutional ethos, says Supreme Court
Describing any court as ‘lower courts' undermines constitutional ethos, says Supreme Court

Time of India

time23-05-2025

  • Politics
  • Time of India

Describing any court as ‘lower courts' undermines constitutional ethos, says Supreme Court

NEW DELHI: The Supreme Court on Friday reiterated that trial courts should not be referred to as "lower courts," saying that such terminology goes against the ethos of the Constitution. A bench of justices Abhay S Oka and Augustine George Masih, while acquitting two life convicts in a 1981 murder case, said, "Before we part with the judgment, we reiterate the direction issued in the order dated February 8, 2024, that the record of the trial court should not be referred to as 'lower court record.'" "Describing any court as a 'lower court' is against the ethos of our Constitution," said Justice Oka, who authored the verdict for the bench. He noted that the apex court registry had issued a circular in February last year to implement this directive. Justice Oka urged high courts to take note of the direction and act accordingly. The verdict came in response to appeals by two convicts challenging the October 2018 decision of the Allahabad High Court, which had upheld their conviction and life imprisonment in a murder case. The convicts had approached the high court to challenge the trial court's verdict. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like This Device Made My Power Bill Drop Overnight elecTrick - Save upto 80% on Power Bill Pre-Order Undo Earlier, in February 2024, a bench of justices Oka and Ujjal Bhuyan had directed the apex court's registry to stop using the term "lower courts" to describe trial courts. The court said that even the records from trial courts should not be referred to as "lower court records." Meanwhile, Justice Oka demitted office on Saturday after serving as a judge for 21 years and 9 months. Reflecting on his judicial career, Justice Oka said he became so immersed in his work that "judgeship became life and life became judgeship." He emphasised that while joining the bench may not bring the same income as a legal practice, the job brings immense professional satisfaction. "Judgeship is a beautiful concept. When you are a lawyer, you may have several constraints, but when you are a judge, nobody controls you except the Constitution, the laws, and your own conscience," Justice Oka said.

‘Supreme Court Is Chief Justice-Centric, It Needs To Change': Retiring Judge In Farewell Speech
‘Supreme Court Is Chief Justice-Centric, It Needs To Change': Retiring Judge In Farewell Speech

News18

time23-05-2025

  • Politics
  • News18

‘Supreme Court Is Chief Justice-Centric, It Needs To Change': Retiring Judge In Farewell Speech

Last Updated: Justice AS Oka, who addressed his farewell event at the Supreme Court, called for the reduction in "manual intervention" to the listing of cases. Retiring Supreme Court judge, Justice AS Oka, said on Friday that the apex court is presently a Chief Justice-centric court, which needs to change. Justice Oka, who is set to demit office tomorrow and was speaking on his last working day at his farewell function organised by the Supreme Court Bar Association (SCBA), called for the use of artificial intelligence in 'rational listing" of cases. He advocated for a reduction in the 'manual intervention" in the listing of cases. 'The Supreme Court is a chief justice-centric court, and it needs to change. Supreme Court has about 34 judges from different parts of the country, and that should be reflected," he said, Bar and Bench reported. 'People complain any cases are listed on the next day, and why cases are pending after so many days. We cannot have a better listing unless we reduce manual intervention to a minimum. Use of AI can help in rational listing," Justice Oka added. At present, the Chief Justice of India is responsible for allocating cases to different benches. This practice has often faced criticism, as cases are sometimes listed only before specific benches. 'We can't improve the listing system unless we minimize manual involvement. The use of AI can help in rational listing," Justice Oka said. He also said that a Supreme Court judge has to always think about the common man. 'Sitting in Supreme Court, we cannot think of onlythe Supreme Court. We need to think of the common man. CJI (Sanjiv) Khanna brought in transparency in the system," he said. The retiring judge said that as a judge one should not hesitate to offend anyone. 'It was my honest endeavour to do that. In that honest endeavour, I may have offended two lawyers. But always I believe that a judge has to be very firm, strict, and that a judge should not hesitate to offend anyone," he said. He also recalled how a former top court judge once told him that one does not become a judge to become popular but to uphold the principles in the Constitution. 'A great judge to adorn the dias here advised me – 'you are not becoming a judge to become popular'. I followed that advice to the hilt. I was harsh only for one reason – I wanted to uphold the principles laid down by the Constitution," he said. First Published: May 23, 2025, 21:01 IST

Supreme Court ‘Chief Justice-centric', must change: Justice Abhay Oka in farewell message
Supreme Court ‘Chief Justice-centric', must change: Justice Abhay Oka in farewell message

Hindustan Times

time23-05-2025

  • Politics
  • Hindustan Times

Supreme Court ‘Chief Justice-centric', must change: Justice Abhay Oka in farewell message

Justice Abhay Shreeniwas Oka, for whom Friday marked the last day as a Supreme Court judge, has said that the apex court is currently a 'chief justice-centric court' and that needs to be changed. Justice Oka, who was addressing the farewell function organised for him by the Supreme Court Bar Association (SCBA), said that the top court has judges from different parts of the country and that should be reflected. "Supreme Court is a chief justice-centric court and it needs to change. Supreme Court has about 34 judges from different parts of the country and that should be reflected," he said, according to Bar and Bench. Justice Oka also expressed confidence that the change would be reflected under the tenure of Chief Justice of India BR Gavai. 'I'm sure you will see that change with the new CJI,' he said, according to Live Law. Also Read | Supreme Court judge Oka returns a day after losing mother, delivers 11 verdicts on last day Justice Oka, the third senior-most judge, also said that the Supreme Court is one court which can uphold constitutional liberties and the dream of the Constitution framers. "I believe that this is the one court (Supreme Court) which can uphold the constitutional liberties, and that this has been my humble endeavor, and I am sure that the collective efforts will be made, this court will continue to uphold liberty, because that was the dream of the framers of the Constitution, and it was my honest endeavor to do that," PTI news agency quoted him. Also Read | Lawyers are officers of the court, not mere mouthpieces for clients: Justice Oka CJI Gavai also lauded Justice Oka and praised his tireless work ethic, even in the face of a personal tragedy. "Just two days ago, he lost his mother. He travelled overnight to attend her funeral, returned, and still managed to deliver 11 judgments the next day," the CJI said. Born on May 25, 1960, Justice Oka started his career in 1985 after joining the chambers of VP Tipnis, a former Judge of the Bombay high court. He served over two decades in judiciary, including as a judge of the Bombay high court, Chief Justice of the Karnataka high court following which he was elevated to the Supreme Court August 31, 2021.

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