March 12, 2019
"It also becomes the duty of a good judge to encourage junior lawyers in open court if he has argued well. Say that they've done their best. That gives a lot encouragement. I got that kind of encouragement I when had entered the profession, so I always tried to pass it on" Justice A. K. Sikri said.
Justice Sikri who got retired recently, was speaking at an event organised by the Supreme Court Young Lawyers' Forum to bid him farewell. "It's the duty of judges & senior lawyers to ensure that the budding lawyers are groomed well because they are the future of the system. I've also been trying to encourage junior lawyers in my court", he added.
"If a junior is arguing against a designated senior or a law officer, it could be daunting for him. He may in a position to argue but may not be able to because of the lawyer in his opposition. This duty is cast on judges to make the junior feel comfortable as only they can create this atmosphere" Justice Sikri observed.
"It's the duty of the junior lawyers to prepare the briefs well regardless of whether the senior is there. It shouldn't be like you know it'll be argued by the senior so you should not know anything about it & you'll hear him argue & learn from there. Prepare as if the senior isn't going to argue! And that situation may come up. If you want judges to encourage you, it's no use if you simply ask for a pass over"
"Of course if the senior is there & he has asked you to get a pass over, then you can't insist on arguing it by yourself." he added.
"We have always read the briefs. We know notice will be issued in a particular case. If a junior then asks for a pass-over, we'll still ask him to tell us what the case is. So we feel disappointed when we hear they want a pass over. Seize these opportunities! No judge will dismiss the case, even if it is to be dismissed, in your presence! He'll ask you to call the senior so that the blame doesn't come on you. So when we prompt, argue.", he advised young lawyers.
Justice DY Chandrachud praised Justice Sikri for his support for dignity for all, "When, after so many years at the bench, judges tend to get desensitized to justice, this Balance Of recognizing the realities of our time without forgetting the law sets him apart"
"To ensure that even the underprivileged can lead their lives with dignity has been his legacy. As a judge of the Delhi HC, Justice Sikri, taking suo motu cognisance on the basis of a letter, directed that juvenile offenders be sent to correctional homes & not lodged in normal prisons...he took up the cause of 15,000 contract & daily-wage workers who were associated with the Commonwealth Games & issued directions to the government to secure them safety equipment, pay & overtime remuneration & tenure...where a department of the Railways had refused to promote an orthopaedically-handicapped person, Justice Sikri observed that it not only was unjust but also aggravated his disability", Justice Chandrachud shared.
Justice Chandrachud, recounting the landmark Judgments of Justice Sikri, said that "At the Supreme Court, noting that the social stigma attached to them impedes their development, he accorded judicial recognition to transgenders as the third gender.
There was the Jija Ghosh case, who was forcefully deboarded from a flight for suffering from cerebral palsy. She could not participate in a conference where she was to be a speaker. She spoke of how she was escorted off the plane like a criminal & the shame continued to haunt her. In that matter, Justice Sikri espoused the Right to Dignity of persons with disabilities.
In October last year, in view of the alarming air pollution, he said that only the sale of green fireworks may be permitted. Even at his last week at the Supreme Court, he acquitted 6 death-row victims & awarded them compensation of Rs 5 lakhs each for having been made to live in fear of death since 2009".
Justice Chandrachud remarked that "65 is only a statistic for him(Justice Sikri) , given by the Constitution & his date of birth one needs to have a sense of vision as to what the society needs today & tomorrow, Which he has in great measure"
"To be honored by the Young Lawyers' Forum, you have to have qualities which only Justice Sikri, of all the judges at the Supreme Court, has - to run a few rounds at the Lodhi garden as he does each morning, to do Zumba, to bear the occasional fracture of the leg with a smile on his face, or even a fractured rib at the NCC cricket tournament," Justice Chandrachud said on a lighter note.
