Supreme Court is CJI centric, must change, says Justice AS Oka during farewell
Justice Oka delivered 11 judgments on Friday, par for the course for a judge who has, in the course of his 3 years in the Supreme Court, authored 370 judgments
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.
