Thread by @barandbench

A farewell event on the occasion of the retirement of Justice N Kirubakaran of the #MadrasHighCourt is underway. Today was Justice Kirubakaran's last working day.

AG R Shunmugasundaram observes how the beloved Justice N Kirubakaran is fondly called and will forever be remembered as a “people’s judge.”

#MadrasHighCourt

AG: Indeed this evening would not suffice to chronicle his Lordship’s achievements and humanitarian endeavors.

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AG: Being the first graduate from his family, his Lordship worked tirelessly and became renowned for his tireless advocacy of numerous public causes.

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AG: During his tenure as Judge of #MadrasHighCourt, his Lordship has penned innumerable judgments chiseling legal jurisprudence and empowering women and the oppressed. His Lordship serves as a lighthouse of guidance and encouragement to law students and junior members of the Bar

AG: When his lordship is treading up the stairs of the High Court, he never fails to return smiles with ‘vanakkam’. His Lordship’s departure will create a vacuum in the hearts of the legal fraternity and be dearly missed by all

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AG: The catena of judgments rendered by him shows his dedication to Constitutional duty while remaining conscious of the social realities.

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AG: He has not only been a guardian angel to Constitution to also his intellectual approach to changing societal needs paves way for evolving constructive judicial delevopment.

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Justice N Kirubakaran greets all as he begins his address, including "most importantly, my boss, Mrs. Kirubakaran."

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Justice Kirubakaran: I wanted to deliver an extempore farewell speech, but I was a little emotional, so I may miss some of the names ... that is the reason why. Please forgive me as I read out the written farewell.

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Justice Kirubakaran: I have to thank my parents, late Nadesha Gounder and Rajammal and my aunt, Bhagyammal. At this occasion, I am fortunate to have my 90-year old mother ..

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Justice Kirubakaran: My father who was educated up to 4th std and still was responsible for opening a High School in my village gave me the best education by the village standards.

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Justice Kirubakaran: The contribution by my father, I believe, is responsible for my elevation, not my brilliance or talent. He provided me with all facilities... he used to get sets of new books for classes ...

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Justice Kirubakaran says that his father had trust and faith in him, "telling me I would become a tall personality one day, and that he would not be there to witness."

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Justice Kirubakaran: Appa, I am sure you must be watching your kid at this point of time.

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Justice Kirubakaran: My mother is a wonderful homemaker. I have experienced only love and affection. I thank my amma.

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Kirubakaran J.: I was completely involved in my judicial works, as my wife looked after my family matters. I could not accompany her during temple visits, shopping etc. I could not spend quality time with wife, child and mother. I would remain isolated thinking about the case

Justice Kirubakaran: My daughter used to get irritated seeing my attitude. Very sorry chellam ('dear'), I could not give the same attention to you that your grandpa gave to me.

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Justice Kirubakaran: One fine morning my wife told me, 'you are conducting cases in your sleep also'. Before I could respond, she said 'you are giving dictation even in your sleep.'

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Justice Kirubakaran recounts and thanks his seniors.

Justice Kirubakaran: After I became a judge, my seniors never appeared before me and set a healthy trend.

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Justice Kirubakaran: My (office) colleagues never took advantage of my position as a Judge. They never accepted the briefs unnenecessarily.

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Kirubakaran J.: I was an unknown person in High Court circle when my name was recommended. I don't want to boast that I was a great lawyer. It is an undeniable fact, only to give representation to Vanniyar community I was selected. But I've never been swayed by any consideration

Justice Kirubakaran: I have been made judge because of P Sathasivam, former Chief Justice of India and my brother in law, MM Sundresh. Milord, Justice Sundresh, he designate judge of the Hon'ble Supreme Court

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Justice Kirubakaran: I am blessed to have a great friend like Justice MM Sundresh. He has been my friend, philosopher, guide, worst critic. He thinks for me, he plans for me, he identifies my problems, gives solutions.

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Justice Kirubakaran: More than Kirubakaran, Justice MM Sundresh has been contributing for my development. If any problematic situation arises for me, he would not sleep well. My dear 'machan', I am so much blessed to have you in my life.

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#JusticeKirubakaran: One other neighbour who is very naughty, that is Justice Sathyanaraynan. He has been my friend in the chambers till his elevation. He helped me professionally, emotionally, financially. I have to thank him, he has come down from Pune to attend this farewell.

Justice Kirubakaran thanks his colleagues, describes them as his strength during his days of practice.

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#JusticeKirubakaran: Our office clerk, C Elango, who is known as a 'five-star clerk'. He used to criticize me for choosing the cases - 'don't act like a judge to choose a brief', because I was very choosy. I would accept the case only if it was morally acceptable

Justice Kirubakaran: Now I have to mention about my Judge-chamber family. Without the staff in my chamber, it is not possible for a judge to discharge functions properly.

Justice Kirubakaran: Mrs. Kavita, my court officer for the past 12 years, the epitome of a homemaker and working woman. She is known for her courteous behavior.

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Justice Kirubakaran: Whenever I became tensed in the Court after hearing the unreasonable stand of any of the parties, she would whisper, 'Lordship, please don't get tensed.' She is my third sister, apart from two biological sisters.

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Justice Kirubakaran: Mr Vijaykumar, a retired PA. It is very difficult to control him. That is why no one will ask to allot him to any judge. But he was helpful and he was with me for 7 years.

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Justice Kirubakaran: He would gently point out excessive observations in the orders. Usually, there is allegation that I always exceed my limit, even in the observations also.

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Justice Kirubakaran: Mrs. N Vidya, another PA, a polite, calm, gentle personality. She is an incarnation of Goddess Saraswati. I see Mr. Guruprasad, my PA, as my brother, who is my advisor, healer, and friend.

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Justice Kirubakaran: Mr Rajesh Kumar, chamber attender would read my face and took care of me like a son. Mr Nagarajan, court attender is a gently loving persons.

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Justice Kirubakaran goes on to individually thank all court staff and officers who have worked with him at the Principal and Madurai Bench of the #MadrasHighCourt

Justice Kirubakaran: I thank Lady Justice for permitting me to adorn the Bench to dispense justice. Eminent Judges adorned the Bench, great lawyers walked on the corridors.

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Justice Kirubakaran: Friends, Court is the last resort for common man. Lawyers are the faces of the Justice delivery system. If the image of the Bar is good, the image of the Judiciary will be high.

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Justice Kirubakaran: The leaders who fought for independence are all lawyers. The father of the nation, Mahatma Gandhi, the first President, Rajendra Prasad, first PM, Jawaharlal Nehru, the Governor-General.

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Justice Kirubakaran: Their role in getting independence is very vital. Slowly, the image of the noble profession has been diminishing. We have to bring back the glory. Every advocate has a role in bringing back the glory.

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Justice Kirubakaran: Friends, nowadays it is very difficult to get a rented house for a lawyer, suitable alliance for a lawyer. People are not even coming forward to give credit cards.

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Justice Kirubakaran: That kind of image, lawyers have got. Everybody should work hard to wipe out that image and we have to restore the glory. The noble profession has lost its glory. Especially, Bar Council has to take very earnest efforts.

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Justice Kirubakaran refers to motor accident and matrimonial accident claims.

Justice Kirubakaran: These two kinds of cases deal with human problems. We can see sorrow and sufferings. I took special interest in these cases.

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Justice Kirubakaran: A family is affected, a person has lost life. The breadwinner loses his life, what will be the fate of the family? There, arithmetic we cannot look at. We should give compensation that would take care of their needs.

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Justice Kirubakaran: Insurance corporations and transport companies will never bring their matters for admission, because while dismissing the admission I would suo motu enhance the compensation without notice to the beneficiaries.

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Justice Kirubakaran adds that this is not because he wants to appear magnanimous.

Justice Kirubakaran: I want to give just compensation, whether the party has come before the Court or not.

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Justice Kirubakaran: The other problem that society is facing - families. Families are being shattered, not only because of problems created by spouses, but also by some of the lawyers.

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Justice Kirubakaran: Whenever the party approaches, please try to convince them to get reunited, otherwise, the children become the victims. The sorrow and suffering, pain and agony which children undergo cannot be compared at all.

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Justice Kirubakaran: Throughout my 12 years of career, I would have conciliated about 1000s of people. I make children see fathers who they've not seen for 10 or 12 years. The satisfaction I got was more than the satisfaction I could have got disposing 1000s of cases.

Justice Kirubakaran: With folded hands, my dear friends, advocates who are dealing with family courts, please don't take the dispute to the police station.

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Justice Kirubakaran: If it goes to the police station, it reaches a point of no return. The family is finished. The children are finished.

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Justice Kirubakaran: There is one section of society emerging, that is single-parent child. Single-parent child, their behaviour, mindset will not be normal.

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Justice Kirubakaran: Even if both the parents are normal and bringing up the children, it is very difficult to bring up the children normally because so many distractions are there.

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Justice Kirubakaran: Therefore, please take a vow to see that whenever the family problem comes to you, please try to unite the family. If you unite the family, society will be benefitted.

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Justice Kirubakaran: Young advocates are talented, but they need to take proper training with seniors, to know the niceties of the profession.

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Justice Kirubakaran: Nowadays, young law graduates are coming out of the law college, they start their own law firm without any basic training. It is not good for society, or for the court also.

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Justice Kirubakaran: Getting instructions from your client, getting material docs, converting into pleadings and presenting in court is an art, that you can learn from your seniors.

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Justice Kirubakaran: I request all the juniors, please take training at least for 3-5 years in a senior's office. Similarly, I request the seniors to look after your juniors like your children.

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Justice Kirubakaran: I request the senior advocates at least to adopt one junior and to look after their needs.

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Justice Kirubakaran: Whenever any occasion arises, I would appoint an advocate commissioner and used to fix the remuneration as Rs 1 lakh, so that the young junior, who does not have the two-wheeler can purchase the same.

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Justice Kirubakaran: I have enjoyed every day of my tenure as a Judge. I have acted according to my conscience while deciding the case, without fear or favour. No difference was shown between seniors and juniors.

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Justice Kirubakaran: The face of the lawyers does not make any difference, only the face of the case.

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Justice Kirubakaran: People used to criticize me as a publicity monger, committing judicial overreaching, and not going by rules. Yes, irrespective of the legal points, I weighed my dharma, dehors the rules and regulations.

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Justice Kirubakaran: After all, rules are handmaids of justice. Many times, strict compliance frustrates the object.

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Justice Kirubakaran: Sometimes, I used conduct judicial Khatta Panchayat, which is necessary in the interest of justice and the parties.

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Justice Kirubakaran: Each case is unique and requires distinct treatment according to the facts of such case. The pulse of the case has to be read and required treatment has to be given like providing appropriate treatment like physician.

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Justice Kirubakaran: I applied law to the facts, not vice versa. In my opinion, the law of precedents is to be dispensed with.

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Justice Kirubakarn: A principle laid down in a case may not be binding on subsequent cases which have different facts. Knowing too much of citation would destroy a judge's independence in deciding the cases.

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Justice Kirubakaran: Nowadays people know more about court orders and the credit goes to the media, as they report about court orders promptly, captioning as "Breaking news". I thank media friends for taking the court's news to the masses.

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#JusticeKirubakaran: Though I am demitting office today with the satisfaction of rendering justice according to my conscience, it is not complete. I failed in my endeavour to streamline the legal profession and legal education and close down TASMACs

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Justice Kirubakaran: The government should take care of the people and close down TASMAC (liquor vending) shops at least partially, so one day prohibition will be there in the State. The dream of father of the nation will be realised.

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Justice Kirubakaran: In the past one week, many officials, numerous staff, cried and fell on my feet. My daughter was shocked and asked 'appa, what is this?'

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Justice Kirubakaran: This made me think, whether or not I discharged my responsibilities as a judge, I behaved like a human being.

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Justice Kirubakaran: In the judiciary, Delhi and Bombay are power centers. States are not properly represented in #SupremeCourt, except for Delhi and Bombay. It is a fact.

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Justice Kirubakaran: The Hon'ble #SupremeCourt is meant for the entire population and not (only) the people living in and around New Delhi.

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Justice Kirubakaran: Keeping the Supreme Court in New Delhi alone is injustice done to most of the people.

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Justice Kirubakaran: It is said the #SupremeCourt on the administrative side rejected the setting up of regional Benches. I hope that the Hon'ble Supreme Court would reconsider the decision and permit the setting up of regional Benches.

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Justice Kirubakaran: Otherwise, the Central government has to necessarily amend the Constitution for the creation of regional Benches to do justice to the people in every corner of the country!

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Justice Kirubakaran: I have always felt the absence of my father. Appa, you are the only soul who has trust and faith in me. While taking oath, I said, 'I shall render justice.' To the extent possible I rendered justice, appa, without fear or favour, considering public interest..

Justice Kirubakaran: In three places, my soul will be roaming around after my lifetime. One is my house in the village, in which I grew upto my graduation; second place is my advocate chamber; third is this red building (Madras High Court)

#MadrasHighCourt #JusticeKirubakaran

The event has concluded.

#MadrasHighCourt #JusticeKirubakaran

Having Supreme Court in New Delhi alone is injustice to most people in the country: Justice N Kirubakaran retires

report by @meera_emmanuel

#SupremeCourt #MadrasHighCourt

Read more here: bityl.co/8IQT