#RajasthanHighCourt to bid farewell to its Chief Justice Akil Kureshi. Justice Kureshi is set to retire with immediate effect on March 7, 2022.
The farewell reference will begin at 3.45 pm.
Follow the thread for live updates.
In his judicial career which began in 2004, Justice Kureshi served in four different High Courts.
Gujarat HC - March 2004 to November 2018
Bombay HC - Nov 2018 to Nov 2019
Tripura HC (as Chief Justice) - Nov 2019 to Oct 2021
Rajasthan HC (as Chief Justice) - Oct 2021 to date
Justice Kureshi is attending the event from Jodhpur bench of the high court.
Judges from Jaipur Bench are also in attendance through virtual conference.
Event begins.
Acting Chief Justice MM Shrivastava opens the event. Welcomes judges from Gujarat and Bombay High Courts.
ACJ Shrivastava: It is my privilege and honour to express gratitude to lordship to serve cause of justice with utmost dedication…
ACJ Shrivastava: and promote people’s confidence in judiciary.
Lordship belonged to an illustrious family of Gujarat..
ACJ Shrivastava: Long 18 years of noteworthy journey and illustrious career as judge.
There is a rich legacy.. disposal of more than 47000 cases with 100-100s of reported cases.
A judge is known by his judgments. We have testimony to his intellect and clarity on fundamentals.
ACJ Shrivastava: Time constraint allows me to permit only a few judgments..
One such judgment was when he was sitting on the bench of 5 judges - interpreted Article 15, 16 and right to education was read under Article 21.
ACJ Shrivastava: Another judgment was about a non-Parsi woman marrying a Parsi man and her rights thereafter.
As Chief Justice of Tripura High Court, he interpreted constitutional scheme of powers under Union and State.
ACJ Shrivastava: Lordships commitment to justice is widely known as he has a wide range of judgments even from this High Court in his short duration as Chief Justice here.
ACJ Shrivastava: Lordships is regarded for his rare qualities as a human being, he is known for his humility. Though my association has been short as his colleague, it has been a rich experience. He has valued opinion from all his colleagues. I wish him the best for new chapter.
Lawyer from Rajasthan High Court Bar Association: Justice Kureshi has lived by Mother Theresa’s quote - “I alone cannot change the world, but I can cast a stone on the water to create ripples”
I looked for the meaning of the word “Akil” and it means wise, thoughtful and sensible
Lawyer: Justice Kureshi has taken very vital decisions on administrative sides. Solved long standing problems of senior counsels, and other issues.
The issues of members of the Bar was considered immediately. He was very considerate.
Lawyer: He studied Mathematics before becoming a lawyer. He was a truly gifted mathematician.
Lawyer: Justice Kureshi has been blessed with a good temperament. Very cool, yet very emphatic in his approach. This was visible in the manner he conducted his court.
Lawyer: We are privilege to have him serve as Chief Justice and witness his judicial prowess.
It is learnt that he used to survive on a single vegetable sandwich and lemon water. No wonder he used to be alert during post lunch sessions.
Lawyer: When the news of appointment of Chief Justice of Rajasthan High Court, a lawyer friend from Bombay called me up to say you are getting an excellent judge. This is his prowess across the courts.
Lawyer: The only thing greater than power of mind is courage of heart. Justice Kureshi has both power of mind and courage of heart.
Lawyer: All the lawyers give you best wishes. We wish you long, healthy and happy life.
Lawyer: During court hearings there was no hesitation for younger judges to argue. No need for adjournment was required. They were encouraged by his warmth, they knew their inexperience will not go against them.
Lawyer: Patience was his hallmark. Rejection was given with politeness, orders were given on merits.
He played an important role in construction of the bar council building at Jodhpur.
We hope he will continue to serve the poor section of the society, especially the downtrodden.
Another lawyer bids farewell in Hindi.
Lawyer: He had appreciated that majority members in the Rajasthan High Court Advocates Association were young.
He was like a father figure to this Court and looked after the grievances of all members and lawyers.
A lawyer while bidding farewell suffers from dry throat.. Requests the Court’s permission to drink water.
Justice Kureshi offers his glass of water.
Another lawyer: I remember Justice Kureshi’s speech when he came to this Court as Chief Justice. He had said, “judges do not need protection, because they have their brother lawyers”.
Justice Kureshi begins his speech.
Justice Kureshi: My dear colleagues, I stand before you with mixed feelings. When I look ahead, I smell freedom and freshness in the air, I want my anonymity back.
Justice Kureshi: When I look back, memories fill my mind.
Justice Kureshi: Permit me nostalgia, this is half a century back. In the Gujarat High Court compound, there was heavy police deployment, there was a person arrested and he was hoisted in the van. A young boy still not out of school had witnessed the proceeding with bated breath.
Justice Kureshi: this was Navnirma movement and the administration had passed orders of detention against the activists to maintain rule and law who were opposing the corruption in administration. The rulers of the day were yet to discover the law of sedition to silence dissent.
Justice Kureshi: Girishbhai Patel had given a speech to fight back. Those were fascinating days. That movement triggered my romance for law watching the struggle for a just order and the enormous power of courts to aid in this.
Justice Kureshi: Ironically my father was not keen in me joining law, he thought I was happy with Mathematics.
Correctness of some of the theories of life, never gets tested.
Justice Kureshi: I joined law that we did not require much studying not realising that I had bargained for lifelong studying.
Justice Kureshi: I would single out four personalities who shaped my career. Late Girish Patel most principled advocates, astounding left leanings and advocated for human rights had huge influence on me. Harubhai Mehta - sharp legal brain and fiery temper.
Justice Kureshi: He came to the aid of the junior lawyers who he thought was being hackled by the Court.
He never appeared for management against workmen, foregin employer against employee and husband against wife in matrimonial dispute.
Justice Kureshi: Justice Abhaychandani was one. Justice VN Khare was another.
He was CJI when my elevation was made.
After about half an hour of meeting me, he said, I will see to it, that you are appointed. That was many years ago
Justice Kureshi: Perhaps I have raised a heck.
At that time, I scarcely realised that this conversation which lasted less than sixty seconds of me being appointed as High Court will change the course of me and my family.
Justice Kureshi: I spent 14 years blissful years in Gujarat High Court from where I went to Bombay for a year. I made many friends some of whom was here, and some could not make it.
The work was challenging.
Justice Kureshi: From there I went to Agartala. It was an eye opener. I was always a westerner. The sun rose late and set late. Economic differences were stark. I have been an opponent of the all india judicial services. Tripura experience reinforced my beliefs.
Justice Kureshi: The experience at Rajasthan High Court has perhaps been my most enjoyable experience. I was welcomes with open arms.
It was with a heavy responsibility that I entered my chambers. It was solemn feeling when I realised that this Court had several outstanding CJs
Justice Kureshi: IN this short span of 5 months, I received tremendous support from everyone. Always wanted to support younger lawyers. I want to thank my colleagues and personal staff from the Gujarat High Court.
I want to thank all my friends from Bombay High Court.
Justice Kureshi: There cannot a strong judiciary with a weak bar. It means a bar which takes up issues of principles. The Courts deal with rights of citizens. It is stealthy encroachment on democratic values and rights of the citizens which should worry us.
Justice Kureshi: So far there have been 48 CJIs but when e talk of courage and sacrifice to uphold the rights of the citizens, we remember one who should have been CJI, Justice HR Khanna, who was the shining dissenting voice in the ADM Jabalpur case.
Justice Kureshi: Recently a former CJI has written biography. But going by media reports he has made certain disclosures that regarding changing my recommendation from MP CJ to Tripura CJ based on judicial opinion.
Justice Kureshi: As a judge of constitutional court, whose most primary duty is protecting rights of citizens, I consider it as a certificate of independece.
Justice Kureshi: What is of greater significance to me is what is the perception of the judiciary, which I have not been officially communicated.
Justice Kureshi: what I tell the junior lawyers is success is sweeter which is achieved through straight paths.
Failure which is a product of principled living is more satisfying than success found on compromises.
Justice Kureshi: And yes be kind and gentle to others, because life is too short to be filled with distress and hatred towards others.
Justice Kureshi: The profile of the High Courts has changed since I joined the Bench. When I joined there were 36 in my high court, I do not think this number has crossed since. During this work has increased manifold. This puts immense burden on judges and it has burn out effect
Justice Kureshi: It is surprising to see lists of advocates being recommended for appointement being pruned by SC. whatever be this difference in opinion between high court and supreme court, it has to be resolved.
Justice Kureshi: or else we will have it increasingly difficult to persuade good lawyers to join bench.
Justice Kureshi: Do I have any regrets? None at all. Each decision of mine was based on my legal understanding. I have been wrong, I was proved to be wrong on many occasion, but never once have I decided something different from a legal belief.
Justice Kureshi: I leave with my pride intact that I made no decision based on its consequences on me some people believe I should have made for the progress.
Justice Kureshi: But it depends what you might consider to be progress. The support, love and affection I have got from lawyers and colleagues far outways the progress. I will not partake with this.
Justice Kureshi: If ever I have to make a choice between the appreciation, and the so-called progress, I would gladly choose the former.
Justice Kureshi gets emotional.
Justice Kureshi: I made a few mistakes, I intend to correct them. 1. I have been impatient with lawyers and staff and I have always regretted it. I have no excuses to offer except my personal failure. I tender my unconditional apology.
Justice Kureshi: 2. to myself. Due to relatively regular working hours, I could not pursue my passion of horse riding and mathematics. I intend to pursue them.
3. to my family and friends. I have missed many responsibility. They have covered for my absence on many occasions.
Justice Kureshi: I have missed weddings, medical conditions, they have covered for me, while I attended court.
In trying to be faithful to my oath, I have done injustice to them. I have been absent on many occasions in the last 18 years, I cannot change that.
Justice Kureshi: I promise the next 18 years or whatever is left will be different. Whatever the measure of success I might have had, is entirely due to my family who made no demands on me and my friends for whom my image was more precious than lives.
Justice Kureshi: Sonal (his wife) has done what no one else could have. She has been a single mother, single relative, single friend and a single wife, pun intended, all this while.
Justice Kureshi: Whenever I run out of courage or determination, I think of Aparna and Sahil (Children), and my doubts quickly disappear.
Justice Kureshi: Our friends have been our fireballs, absorbing all pressure to protect my reputation.
Justice Kureshi: I leave this place with lots of memories, love and affection, dignity of my family and my conscience clear. I have had the most extra-ordinary challenging 18 years of my life, during which I subjected my family to enormous pressure, which has taken a toll on them
Justice Kureshi: One thing is clear, if life rewinds, permits me a retake of the scene with a miraculous event of hindsight and gives me same family and friends and I am offered it again, I would accept it again and again.
I’ll end with a song - We are the champion by Queens
Justice Kureshi: “You brought me fame and fortune
And everything that goes with it"
Thank you all!
Reference ends.
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