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"I ask you to judge me by the enemies I have made": CJI NV Ramana retires today, a look at his last sitting in SC, Ex-SCBA President Dushyant Dave said, "You have been citizens' judge, you stood up for them to uphold their rights and Constitution"

Labelling him as a 'citizen's judge', senior advocate Dushyant Dave said CJI NV Ramana discharged his duty with a spine
 |  Satyaagrah  |  Law
CJI NV Ramana retires today: From election freebies to Yogi Adityanath plea, a look at his last sitting in SC
CJI NV Ramana retires today: From election freebies to Yogi Adityanath plea, a look at his last sitting in SC

Outgoing Chief Justice of India (CJI) NV Ramana on Friday apologized for not being able to tackle the issues plaguing the listing of cases in the Supreme Court. CJI Ramana said that the pendency of cases is a challenge faced by courts in the country but he added that the Indian judiciary cannot be defined or judged by one single order or judgment.

"I must admit that issue of listing and posting of matters is one of the areas on which I could not pay requisite attention. I am sorry for that. We are busy in fire fighting on all days" he said.

He further said that the credibility of the institution should be protected by the officers of the court and unless the credibility of the institution is intact, it cannot command respect from the people in the society.

"Indian judiciary has grown with time. It cannot be defined or judged by one single order or judgment. At all times, the majesty of this great institution shall be protected and defended by the bench and the bar," he added.

Indian judiciary cannot be defined or judged by one single order or judgment. - CJI NV Ramana

To deal with pendency, he said that the functioning of the system has to be reformed and modern technology will have to be deployed.

"We need to deploy modern technologies courts and artificial intelligence (AI) to find lasting solutions. Even though we tried developing some modules because of compatibility issues and security issues we could not make such progress, due to COVID-19, our priority was running the court. Unlike commercial establishments we cannot secure products from the market," CJI added.

The CJI further said that the needs of the judiciary are different from those of the rest and unless the bar is willing to extend its whole-hearted cooperation, it would become difficult to bring about necessary changes.

CJI Ramana also had a word of advice for the senior members of the Bar, asking them to guide their juniors on the correct path.

"In the last 16 months, only 50 days of full hearing could be conducted. Of course, each one of us has to make out own contribution. I have done my bit to the best of my ability. I tried to meet the needs of the bar whether it be creating space for lawyers or something else," he added.

Nearly a year and a half since assuming charge as the 48th Chief Justice of India (CJI), NV Ramana is all set to retire today.

Ramana has quite a packed schedule on his last working day with five cases including public interest litigation (PIL) seeking a ban on ‘irrational freebies’ on his docket.

CJI Ramana today shared the bench with his successor Justice Uday Umesh Lalit and Justice Hima Kohli. Justice UU Lalit will take oath as the 49th Chief Justice of India on 27 August.

Notably, in a first for the Supreme Court, the proceedings of the ceremonial bench in CJI Ramana’s court were live streamed on the National Informatics Centre (NIC) webcast portal.

Labeling him as a “citizen’s judge”, senior advocate Dushyant Dave was quoted as saying by ANI that CJI Ramana discharged his duty with a spine.

Here are cases CJI Ramana heard on his last working day and a look back at his tenure:

Election freebies

The Supreme Court on Friday referred the matter of ‘election freebies’ to a three-judge bench, citing the complexity of the issue.

“The issues raised by parties require an extensive hearing. Certain preliminary hearings need to be determined, such as what is the scope of judicial intervention, whether the appointment of the expert body by court serve any purpose, etc.” LiveLaw quoted CJI Ramana as saying.

The PIL filed by Delhi BJP leader Ashwani Upadhyay claims the promise of “irrational freebies” by political parties is to “lure” voters ahead of the elections. Upadhyay has sought directions to the Central government and the Election Commission to take measures to regulate parties’ election manifestos.

“The worries raised by the petitioner that under the guise of welfare, fiscal responsibility is dispensed with, must also be considered,” the top court said in its order.

Several political parties including AAP, DMK, and Congress have argued that there should be a distinction between freebies and welfare measures for the poor and the marginalized.

Plea against Yogi Adityanath in Gorakhpur case

The apex court dismissed a plea challenging the Uttar Pradesh government denying permission to prosecute Chief Minister Yogi Adityanath in the 2007 Gorakhpur riots case.

The petitioner, a UP-based activist Parvez Parwaz, had alleged that Yogi Adityanath had made inflammatory remarks against the Muslim community during his address to “Hindu Yuva Vahini” workers in Gorakhpur on 27 January, 2007, leading to clashes that killed one person.

Liquidation regulations under bankruptcy law

The three-judge bench led by CJI Ramana announced that the Insolvency and Bankruptcy Code (IBC) will prevail over the Customs Act.

As per LiveLaw, the Supreme Court said that once a moratorium under IBC is declared, Customs authorities have limited jurisdiction to assess the quantum and they cannot take steps to recover the dues.

Karnataka mining case

The top court increased the mining limits on iron ore in Karnataka, reported MoneyControl.

In Ballari district, the cap of mining at 28 million metric tonnes has been raised to 35 million metric tonnes, while in Tumakuru and Chitradurga districts the ceiling has been upped from seven million metric tonnes to 15 million metric tonnes.

“Conservation of environment and economic development must go hand in hand,” the Supreme Court bench said in its order.

In May, the apex court allowed the export of iron ore from mines in these three districts in Karnataka.

In its April 2022 affidavit, the Karnataka government objected to the lifting of the export ban on iron ore.

Rajasthan mining lease case

The Rajasthan mining lease issue pertains to an appeal by the state government against a 2016 high court order allowing Ultratech Cement company to continue its limestone mining lease in the land that was a water body as per the state dispensation.

The Rajasthan government has said in its arguments that if mining continues in the region it would disturb the environmental balance.

Who said What

Sr Adv Pradeep Rai:

The gathering and crowd are not just like that. A similar crowd is outside as well. Justice Ramana is the son of the soil. he was a farmer, then a journalist and then he practiced before the HC. CJI Ramana helped lawyers get to hospitals and have them admitted during the COVID wave. He has a great quality of making friends. Among 9 appointed by CJIs, 7 will become the CJIs

Justice PS Narasimha had told me that CJI NV Ramana is like Sachin Tendulkar. I want to say that he may be retiring but he is not out.

Mr. Dushyant Dave was in tears and looking at him Justice Hima Kohli was also in tears. We never saw a judge crying. Sr Adv Dave that said he had a wrong assumption of CJI Ramana when he took an oath and now he was proven wrong. CJI had forgiven all.

SG Tushar Mehta:

It's said the judge delivers judgment throughout his career and the bar delivers a judgment on his retirement. Not a single chair is vacant and people waiting outside. It shows how popular you are. The speed with which appointments were made in High Courts and tribunals were made will be remembered. 1/3rd of the judge's vacancy was filled by the collegium led by CJI NV Ramana. I have been often at the receiving end trying to help.

No one can forget his zeal to improve the judicial infrastructure. This required a diplomatic approach by the administrator. He has to coordinate with several stakeholders. Milord has exhibited were both learned and an able administrator.

One thread running in all judgments by CJI Ramana was that the judgments were capable of being understood by the common man and there was no pretension of being learned. It is very difficult for a judge to be precise and simple in judgment writing. I know Shri Ramana as a human, he was never rash, arrogant, or negligent. He is a loving grandfather and a loving family man.

From reliable sources, I have gathered info that I will make public. Milord is passionate about Telugu literature and he is contemplating writing a romantic novel in Telegu. I do not know what inspired him to do this.

Sr Adv Vikas Singh:

CJI Ramana's tenure made it clear to all including the international arena that the judiciary is alive in India and is always there to protect the civil liberty of the people of this country. CJI Ramana was keen to join politics and it is a loss of politics because if he had been there he would have been the Prime Minister of India today. It is our good fortune he chose the legal profession and it is the highest one can get into this profession. He got here.

CJI Ramana along with Justice Hima Kohli has set up the Hyderabad International Arbitration Centre so that India becomes a preferred destination for arbitration.

I will now research to find out what is the inspiration behind the romantic novel to be written by CJI Ramana. I know it must be CJI Ramana's wife. But I will still research #cjiramana

CJI Designate Justice UU Lalit:

It's a tough time for somebody like me. Look at the popularity of my predecessor! How am i going to don the mantle now? Right before I assume office I expressed my inability to match this level of popularity. it was very emotional to see some speeches given in court 1 today morning. This is the real tribute ... it is the most fitting tribute.

Two achievements that stand out are 250 appointments made to HCs in this country. 750 is the strength so almost 1/3rd of vacancy was tackled. there may be a time in the future when a large number of judges in SC are those who were appointed by CJI Ramana. 

The second aspect was in the Chief Justices and Chief Ministers conference where he meticulously and forcefully tried to persuade the CMs to handle and improve judicial infrastructure. As NALSA head we aim to have a public defender's office where every district will have a legal defender's office and with the kind of perseverance shown in that conference, every district is now willing to give us a minimum of 800 square feet for such an office.

CJI replied to all, "I am searching for words to express gratitude for the good words spoken about me. I thank you all for being here. My life's journey started in the ponnavaram District of AP where electricity and roads were not available. I saw electricity for the first time when I was 12 yrs old."

A  look back at CJI Ramana’s tenure

Within a week after Justice Ramana took oath as the Chief Justice of India on 24 April 2021, he heard a case pertaining to the arrest of journalist Siddique Kappan while he was on his way to report on the gangrape and murder of a Dalit girl in Uttar Pradesh’s Hathras.

The CJI had directed the Uttar Pradesh government to shift Kappan to Delhi for better medical care, even in the face of strong objections from the government.

Justice Ramana’s bench also heard a petition challenging the validity of Section 124A of the Indian Penal Code or the British-era sedition law. The apex court directed the central and state governments not to lodge cases under the sedition law till the Centre reconsiders the provision.

Even as CJI Ramana’s tenure avoided major controversies that marred his predecessors, he was criticised for failing to list cases of national and constitutional importance including challenges to the abrogation of Article 370 of the Constitution, the Citizenship Amendment Act (CAA), Electoral Bonds Scheme among others, as per Indian Express.

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