
New Delhi: Supreme Court Bar Association president Kapil Sibal on Friday said retiring judge Justice Hrishikesh Roy gave concrete shape to the concept of rule of law while being deeply committed to building public trust in judicial institutions.
Sibal was speaking at the farewell event of Justice Roy organised by the Supreme Court Bar Association (SCBA).
“With some judges, we know that with the brief in their hands, they will instinctively do the right thing for all parties. You were one such judge, clear in thought and purpose, strong in fundamentals, and though ready to be convinced, always firm in your conclusions after giving a fair hearing to both parties. That is the kind of judge you were, and that is the kind of judge we want in the Supreme Court, you have the capacity, with your characteristic humour and gentle nudging to help resolve decades of discords,” Sibal said.
He added, “When a judge takes an oath in the Supreme Court or any court, what does that oath stands for? And what does it mean? The oath is that we will uphold the Constitution and the laws. What does that mean? It means that if the laws are constitutional, we will uphold them.”
Sibal said Justice Roy discharged his constitutional role with courage and clarity and his verdicts gave a “concrete shape to the rule of law”.
“Then if the laws are not constitutional, we will uphold Constitution. This is the constant conflict that goes on in the course of the functioning of a judge in the Supreme Court, and I can dare say that whenever I have gone to his (Justice Roy’s) court, he has always upheld the Constitution if the laws are not constitutional, and upheld the laws if they are constitutional,” he said.
From the perspective of a lawyer, Sibal said if any matter was listed for hearing before Justice Roy, the senior advocate could assure his client about not having any “unexpected surprises”.
The senior advocate said that Justice Roy had wide-ranging interests, from art to music and sports.
“With his wide-ranging interests, it is no wonder that Justice Roy can apply himself effortlessly to any subject matter before the court. His judgments demonstrate, at their core, an innate sense of justice crafted from a rooted understanding of the human condition,” said the senior lawyer.
He said aside from being an astute decision-maker, Justice Roy was also “deeply committed to building public trust in judicial institutions.”