Thread by @barandbench

CJI NV Ramana to shortly release Book on "Anomalies in Law & Justice: Writings Related to Law & Justice" by Justice RV Raveendran.

EBC Panel discussion to feature Justices BK Srikrishna, MN Venkatachaliah, RC Lahoti and Justice RV Raveendran

Sr Adv Arvind P Datar to moderate.

Sumeet Malik, Director of Eastern Book Company, renders the introductory remarks.

Malik speaks on how EBC has evolved over the years; EBC was among the first to introduce a legal database, he recalls.

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Nilufer Bhateja, Associate editor at EBC requests CJI Ramana and other dignitaries to release the book by holding it up

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Former CJI, Justice MN Venkatachaliah speaks.

His book is a beautiful book. I have written.. It is the first forward I have written in 30 years of retired life. I must congratulate Sumeet Malik for the great contribution they are doing to spread legal literacy: Venkatachaliah

Former CJI, Justice RC Lahoti speaks: I would confine myself on this occasion to a word about my esteemed brother, Mr Raveendran, and two words about the book.

Every judgment of Justice RV Raveendran's is accurate, I am amused to find that his book has been given the title of "anomalies", Justice Lahoti observes.

Sitting in the Court, he never raised his voice, never lost balance, never made any comments much less criticized anyone. He would never deliver sermons. He believed his duty was to the facts of the case and not to judge the persons: Justice RC Lahoti on Justice Raveendran.

This book has something for everyone... even the seniors would find something in the book to further improve. A law professional, whether judge, lawyer, mediator, arbitrator, counsellor would all have tips, Justice Lahoti says.

Justice Lahoti urges the CJI to prescribe this book like a textbook in judicial academies.

One thing I can say with confidence, in this book, there is not a word, sentence that has not been practiced by RVR (Justice Raveendran): Justice Lahoti

Justice Lahoti recalls asking Raveendran J. about whether judges are stretching certain laws too far, like a "rubber band"

His answer needs to be read by every judge dealing with fundamental rights - the more we expand the fundamental rights, the more we dilute them: Lahoti J.

Former Supreme Court Judge, Justice BN Srikrishna speaks now.

Justice Srikrishna recalls that he fell in love at "first sight" when he read certain judgments by Justice Raveendran. It not only made sense but taught what the law was, he adds.

Whenever he (Justice Raveendran) wrote a judgement as a junior judge, I had no need to read it again. All I had to say was "I agree and sign it: Justice Srikrishna

What the gentleman is, the book reflects: Justice Srikrishna

The anomalies in the book are based on his experience, whenever he found gaps in the law or oppression in the law, he adds.

May the good Lord give him more power to his pen to produce more such (books): Justice Srikrishna concludes his adress.

CJI NV Ramana speaks next.

CJI Ramana: I am overwhelmed to be in the presence of the judicial greats of India. They have been extremely kind to me in my journey so far. Your blessings have brought me so far.

CJI Ramana: Justice Venkatachaliah has been a role model for me since my student days. He still remains a powerhouse. I am free from stage fear, but standing before you stalwarts makes me a little nervous.

Justice Raveendran's judicial wisdom needs no introduction. He is the amalgamation of unwavering commitment to the rule of law... having a deep sense of morality and scholarship, par excellence: CJI NV Ramana

Justice Raveendran's judgments are of great value not only because they are replete with... but because of their connect with today's context and its people: CJI Ramana

He (Justice Raveendran) ever made an attempt to make himself appear as the saviour of the judicial process ... he discharged his office with distinction and commitment to the people: CJI Ramana

CJI Ramana says Justice Raveendran reminds him of Lord Denning's words that the best judge is one who is one less known in the media.

The moment I started reading the book, I could not resist from completing it. The narration is captivating. The first part is addressed to the common man. The second part is addressed to lawyers and judges: CJI Ramana

The book caters to both legal professionals and academics, CJI Ramana says.

CJI Ramana adds that the book raises several issues that should engage the attention of the Bar and Judges.

Raveendran J. played a significant role through judicial pronouncements, he navigated various issues pertaining to arbitration, CJI Ramana says

He also recalls how a ruling by Raveendran J led to more arbitration-friendly judgments, which were eventually incorporated in the Act

CJI Ramana congratulates Justice Raveendran for coming out with the book, urges him to write more.

CJI Ramana concludes his remarks by recalling Justice Raveendran's note to him upon him assuming the office of CJI, wherein it was also said that being CJ requires courage to act, commitment to justice

I feel that this message was a road map for my journey as the CJI: Ramana

Senior Advocate Arvind P Datar gives introductory remarks before panel discussion. CJI Ramana informs that he intends to stay on for entire discussion.

It's a very rare opportunity where you get stalwarts like Justice Venkatachaliah, Justice Lahoti, Justice Srikrishna...: Ramana

Datar asks Justice Lahoti about his thoughts for proposals to increase the retirement age for High Court Judges from 62 to 65.

In my opinion yes. It is a must. If we increase the age of retirement for HC judges, it will serve two purposes. We will have an active, experienced judge at the prime of his maturity to continue to dispense justice: Justice Lahoti

15 years after my retirement, I can work as an arbitrator... why I cannot act as a judge? That is why the age of retirement must increase. But it must be uniform for SC and HC: Justice Lahoti

Second, a lot of ... will stop. and the dignity of the office of judge will be restored: Justice Lahoti adds.

Justice Srikrishna agrees that retirement age of HC judges should be increased. Contrary to certain apprehensions, this suggestion will make a High Court judge feel he is independent, he says

Justice Srikrishna also recalls how a Calcutta High Court Judge observed that a High Court is as much a constitutional court as a Supreme Court

Datar asks Justice Venkatachaliah for his thoughts.

Two eminent judges have spoken. It is a matter of great satisfaction that I expressed in the first Chief Justice's conference in 1993 that all judges must retire at the same age, but not at 65 but at 68!: Justice Venkatachaliah

Look we are all oppressed about arrears in any of the High Courts. When I was about to retire, the then CJ asked if I can act as an additional judge in SC? I declined for personal reasons, I wanted to go back to Bombay: Justice Srikrishna

Justice Srikrishna recalled that when he asked the CJ whether he can work at the Bombay High Court, the CJ responded that in that case, he would become a junior judge.

What does it matter? I am fit: Justice Srikrishna remarks

Justice Srikrishna notes that now he has worked for other, private entities.

I could have done this for the institution I came from. There is no one in the High Court that does not know mean, I would have got equal respect, whether I am a junior judge, Justice Srikrishna adds.

These are good suggestions, and someone should do this, otherwise, we are not going to solve the problem: Justice Srikrishna

Justice Lahoti weighs in that if the retirement age of High Court judges is increased, then there would be the option of choosing the best judges.

You would have to persuade him to come to SC. They would not be willing, they would be persuaded to come to SC: Justice Lahoti

Datar refers to a recent Supreme Court judgment in Lok Prahari's case regarding the appointment of ad-hoc judges to High Courts under Article 224A of the Constitution.

Article 224A is a good idea, but what Justice Venkatachaliah said is a much better idea: Justice Lahoti

Datar now asks the panelists on their views on the way forward given the current era of virtual hearings, asks if virtual/ hybrid hearings are here to stay.

The capacity of India to incorporate technology in India is very high... to what extent will depend on the experience of lawyers and judges. A personal appearance is totally different from what you address remotely, online: Justice Venkatachaliah

Justice Venkatachaliah makes a series of suggestions, says these are only suggestions that may be experimented on a pilot basis.

The point I wish to make is there is a lot of loss of productivity due to unaccounted for adjournments.. loss of hours and loss of productivity. Someone has estimated it as 1.5 crores, the actual figure to be verified: Justice Venkatachaliah

Among other suggestions, Justice Venkatachaliah also says that a massive training programme for legal, para-legal persons on how to work the system should be undertaken through judicial academies.

As far as technology is concerned, it is going to be like 'tomorrow done today.' It is going to be leaps and bounds: Justice Venkatachaliah

The immediate problem is zoom hearings, Webex hearings etc. While in High Courts and Supreme Court it is working better, district courts and subordinate courts are facing connectivity problems. How would this issue be sorted out? Datar asks

In a lighter vein, Justice Lahoti refers to an advantage in virtual hearings that "In physical hearing, you could have been stopped, in virtual hearings you cannot be stopped."

You can't stop the flow of an event or wave which has come... technology, you cannot stop, you have to go with the wind: Justice Lahoti

Justice Lahoti recalls his experience conducting virtual hearings during the pandemic

It is not difficult. If there are difficulties, they can be solved. India is a large country...It saves times, saves costs... the only thing is, this is something to get used to: Justice Lahoti

Justice Srikrishna notes that the problem is not all lawyers, judges, etc. are comfortable with computers. Until all are comfortable, hybrid hearings should continue, he says.

Virtual hearings alone cannot be used until people get used to it at all levels and till it can happen simultaneously, otherwise there will be chaos, Justice Srikrishna opines

CJI Ramana notes that in a recent meeting, three issues were raised1. Vaccination of lawyers, judges, staff and family, assistance to the lawyers and thirdly, the issue of difficulties in using technology, especially in rural areas

I thought of initially calling the telecom companies and requiring them to give...systems and centers to rural areas, facilities to rural areas (for lawyers to use): CJI Ramana

Instead of me taking it up, I requested Law Minister RS Prasad to call telecom companies... through Corporate Social Responsibility, they can provide centres in taluk and district, they can provide some facilities for lawyers to come and get uninterrupted services: CJI Ramana

Let us hope that the companies take it up, otherwise, I will again request the telecom companies, CJI Ramana says

On a question being asked on digital divide, CJI Ramana observes: If you don't take care of lawyers having specialty in technology, one generation of lawyers from rural areas will be left out... you are completely taking out these lawyers from the stream, which is very serious.

Justice Raveendran speaks. On the retirement age of judges, he says that the retirement age for judges in subordinate courts must also be increased, even if not on par with HC and SC judges.

On virtual courts, Justice Raveendran agrees that We cannot stop digitization.

More and more virtual hearings are likely to take place. The process should start at SC and HC; once stabilized, it can be taken to trial courts, he adds.

Justice Raveendran says that he would like to flag one issue: With virtual hearings, SC lawyers are all arguing before HC, HC lawyers arguing before District Courts. This has led to apprehension on part of lower-rung lawyers that their bread and butter is taken away

It can be argued the other way round also, that a district lawyer may be able to directly argue before Supreme Court, but that has not taken place, Justice Raveendran adds.

Such apprehensions should be taken note of. Otherwise, there will be discontent, he says.

While virtual hearings is here to stay, let us do it in such a manner that it does not (adversely) affect the larger sections of lawyers: Justice Raveendran

Justice Raveendran says that his book is based on his lectures in judicial academies and memorial lectures.

Constitutional democracy requires institutional safeguards for survival. The judiciary is one of the institutional safeguards... : Justice Raveendran

The effectiveness of judiciary depends on the persons who control it as well as the trust and confidence of people. This arises only when citizens understand the working of the judiciary and the need for independence and impartiality of the judges, Justice Raveendran says

Very little is written about the problems faced by the subordinate judiciary. There are more than 22,000 judges in subordinate courts. As far as the common man is concerned, they are the face of the judiciary, not the High Court and Supreme Court: Justice Raveendran

Therefore, there is an urgent need to discuss their (subordinate judges') problems, their stressful working, etc. Some of these aspects are discussed in the articles: Justice Raveendran

The articles also discuss what is expected of judges. The object of the articles is to demystify aspects of law, judges, judiciary, to address some misconceptions. They also attempt to discuss ways and means to improve the services of the judiciary, Justice Raveendran says

I have endeavored to not use legal jargon so people from non-legal backgrounds understand the book. The articles give some suggestions, what the govt can do, what the courts can do, what the Bar, the media can do to improve justice delivery, Justice Raveendran

Just because the book discusses the problems of the judiciary, it does not mean the judiciary is irretrievably engulfed in those problems, Justice Raveendran says.

I am not a pessimist like Michael Kirby who once .... remarked "what makes you think the judiciary has a future?"... I believe the judiciary has a future, it only requires that judges put up their socks ...: Justice Raveendran

The event concludes after the vote of thanks.

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