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" "Because these two judges showed to their generation of justices, and the generation after that, as to how to approach cases that came before the highest court. It is because judges with a political or social agenda are so few in number that they are long remembered. I have always considered it significant and beneficial for the development of the law in India that judges-without-an-agenda have been the more numerous.
Fali Sam Nariman (10 January 1929 – 21 February 2024) was an Indian legal legend, a Constitutional jurist and senior advocate to the Supreme Court of India. He is also an internationally recognised authority on international arbitration. He was also Additional Solicitor General of India, Rajya Sabha Member of Parliament of India, and President of the Bar Association of India. He has played a key role in establishing and enforcing the law in India. He had been honoured with the Padma Vibhushan, the second highest civilian award of India, and Gruber Prize for Justice.
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I don’t like the system of Moot-Courts these days, in law schools. My grand-daughter participates in these Moot-Courts, but I don’t like the idea of saying, in A vs. B it was said etc. It makes no difference to what was said. According to Halsbury’s, it was said in Queen vs. Latham that it makes no difference what was said in a given case because by and large all of it depends on the facts of the case, except for constitutional matters.
'violate the human rights of others', is impractical and fraught with grave consequences as it puts an almost impossible burden on the lawyer of pre-judging guilt; and (more important) it precludes the person charged with infringing the human rights of another (such as one accused of murder) the right to be defended by a 'lawyer of his choice” - in my country, a guaranteed constitutional right.”
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The two great institutions of state to which I have been privileged to belong do appear from time to time to “compromise” themselves, as you say. However, I must assure you that but for these two great institutions we would never have emerged as a vibrant democracy. The late Justice R S Pathak once used a nice metaphor when I asked him how he would like to be remembered as a judge of the Supreme Court. He told me, with becoming humility: “Every judge when he leaves the court must satisfy himself that he has left a little brick of his own making in that great edifice that is the Supreme Court of India.