Judges have to deal with the problems of judiciary, can't hide heads like Ostrich: Justice Gupta
New Delhi: Judges cannot hide their heads like an Ostrich and say nothing is happening to the judiciary as integrity of the institution cannot be put at stake under any circumstances, Justice Deepak Gupta said on Wednesday.
Justice Gupta, who superannuated on Wednesday became the first judge in the history of the Supreme Court to be given farewell through video conferencing due to the lockdown amid the coronavirus pandemic, said that judges have to identify the problems and deal with them.
You see, the country has great faith in the judiciary. I mean, we say it time and time again but at the same time, we cannot hide our heads like an Ostrich and say that nothing is happening to the judiciary. We must identify our problems ourselves and deal with them. The integrity of the institution is something which cannot be put at stake under any circumstances, Justice Gupta, who served as apex court judge for more than three years said.
He said though he has been called as an activist judge and also an activist lawyer but he had never stepped beyond the boundaries of the law as he knew his limit.
He said that when a judge sits in the court, he has to decide cases strictly in accordance with the law and the Constitution of India is the "Gita, Bible, Quran, Guru Granth Sahib" and other such holy books for a judge.
He added that under the Constitution, a very important role of protecting the rights of the citizen lies with the superior courts and the Supreme Court under Article 32, has its duty to ensure that every citizen of this country has a life of dignity and he is not deprived of right to life, guaranteed to him under Article 21.
In times of crisis, especially a crisis like this it is not you and I, whose constitutional rights will be violated. It's the poorest of the poor, whose constitutional rights are always violated. It is these people who have no voice, who suffer. And therefore, if someone who raises the voice for them, I think the courts should at least hear them. Give them a patient hearing, and then if something can be done for them, please do it, if something can't be done, then the petition has to be dismissed but we must make an attempt to help the poor , he said.
I am sure under the guidance of my Chief Justice S A Bobde, and the guidance of my brother and sister judges, the judiciary will rise to the occasion and ensure that people get what is due to them under the constitution, Justice Gupta said during the farewell organised by Supreme Court Bar Association.
Addressing the lawyers, in a webinar, he said that according to him, the most important attributes of both judges and judiciary are independence, fearlessness and impeccable integrity.
There can be no independent judiciary, no independent judges, if you lack one of these. In a country, which professes to follow the rule of law and the principles of separation of power, there is no alternative to independent and fearless judiciary. The concept of separation of powers envisages that there is a system of checks and balance and when there is a system of checks and balances, we must ensure that we remain within our boundaries but also ensure that other persons remain within their boundaries , he said.
Justice Gupta said that whether it's a politician or a bureaucrat or judges, all take an oath to uphold the constitution and rule of law and have to work to serve the people.
He voiced concern over many of the petitions filed recently in the apex court and said, I am sorry to say that in last one month, some of the writ petition being filed, I mean they were so poorly drafted and they expect the court to start laying policy etc. You see, what happens is that it damages the cause. If too many petitions like this are filed, then the cause of PIL gets damaged .
So my request to the lawyers is not to just jump the gun and file the petition everytime. Think about it, sent it to the government, see their response and then you can do it he said.
At the outset, Justice Gupta said today he is hanging his robes after around 42 years in legal profession, both as an advocate and judge, and though he is ending his relationship with the court, his relationship with the bar can never end.
Justice Gupta, who hails originally from Kangra district in Himachal Pradesh obtained his law degree from Delhi University in 1978 and later in 2004, he was elevated as a judge in Himachal Pradesh High Court.
Recalling an incident of Tripura High Court, he said, One day one of the senior members mentioned that the scales of justice were not even and the eyes of the Goddess of Justice were not blindfolded. I told him, I had purposely done this because of my strong views that in the present day and age Judges cannot live in ivory towers but must be aware of what is happening in the world around them. The scales of justice to be really equal, just, in fact, are balanced in such a way that the poor and the underprivileged are not denied justice
Justice Gupta during his tenure as an apex court judge has been part of several notable judgements and orders including 2017 verdict, in which it was held that sex with minor wife despite consent is rape and prison reforms, air pollution, sealing, welfare of widows in Vrindavan.
Thanking his seniors and family members for the support extended to him throughout his career, he said that during the lockdown, his wife had given him the haircut for the today's function.
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India, Ethiopia elevate ties to strategic partnership as PM Modi holds talks with his counterpart
Addis Ababa (PTI): India and Ethiopia on Tuesday elevated their historical ties to a strategic partnership, as Prime Minister Narendra Modi held wide-ranging talks with his Ethiopian counterpart Abiy Ahmed Ali during which they discussed issues of bilateral and mutual interest.
Modi, who arrived here from Jordan on his maiden bilateral visit, was accorded a ceremonial welcome at the National Palace ahead of the bilateral talks, reflecting the vibrant India-Ethiopia relations rooted in shared history and a promising future.
"We are elevating India and Ethiopia relations to a strategic partnership. This step will provide new energy, new momentum and new depth to our ties," Prime Minister Modi said during the delegation-level talks.
He thanked PM Ali for his support in India's fight against terrorism. "The support of friendly countries in this struggle against terrorism holds great significance," Modi said.
"Today, we got the opportunity to deliberate on the key aspects of our cooperation, such as economy, innovation, technology, defence, health, capacity-building and multilateral cooperation. I am pleased that today, we have decided to double the student scholarship for Ethiopia in India," Modi said.
Modi said that India and Ethiopia have shared contact, dialogue, and exchange for thousands of years. The two countries, which are rich in languages and traditions, are symbols of unity in diversity, he added.
"Both countries are democratic powers committed to peace and the welfare of humanity. We are co-travellers and partners of the Global South. On international platforms, we have stood shoulder-to-shoulder," he said.
The two sides signed eight MoUs/agreements, including upgrading ties to 'Strategic Partnership', customs cooperation, establishing data center at the Ethiopian Foreign Ministry, UN Peacekeeping training cooperation, debt restructuring under G20, more ICCR scholarships and AI short courses for Ethiopians, and support for maternal and neonatal healthcare.
Modi said the African Union's headquarters in Ethiopia makes the country a meeting point of African diplomacy. "Inspired by the common vision of an inclusive world, in 2023, India ensured that the African Union became a G20 member," he said.
In 2023, during India’s G20 Presidency, the African Union was admitted as a permanent member of the G20.
Modi said that though this is his first visit, he felt a deep sense of belonging and warmth, reflecting the thousands of years of connection between the two countries.
On his part, Prime Minister Ali said the two countries share over thousands of years of connection through trade, diplomacy, education, culture and even in our food and traditions. "These ties continue to shape a deep friendship, collaboration and mutual respect between our people," he said.
"We also appreciate your consistent message that Africa's priorities must lead the partnership. These kinds of dignified, respectful messages for Africa are very important. Mr Prime Minister, keep pushing. That is the type of message we are expecting from all our trusted friends," Ali said.
He said this aligned fully with Ethiopia's development plan - African-owned, African-led, and African-defined.
"Today, we meet with a clear focus to shape a modern partnership, grounded in sovereignty, self-reliance and practical cooperation. Our cooperation is rooted in equality and South-South solidarity," he said.
"Our economy is performing strongly. Last year, we grew 9.2% and this year we are expecting 10.3% GDP growth. Besides GDP growth, our FDI inflow is also rising big time. India is the leading source for our FDI," he said.
"We have more than 615 Indian companies which are investing in Ethiopia. This all gives our cooperation a strong foundation of trust. I think our decision today that we elevate our historic relationship to a strategic relationship is the right decision," he added.
Ethiopia also conferred its highest award - The Great Honour Nishan of Ethiopia - on PM Modi. He is the first global head of state to receive this award.
Prime Minister Modi also went to the Friendship Park and Friendship Square in Addis Ababa with PM Ali.
In a warm and special gesture, PM Modi was earlier received by his Ethiopian counterpart at the airport and accorded a warm and colourful welcome.
"Ethiopia is a nation with great history and vibrant culture," Modi said.
PM Ali informed his Indian counterpart about the varieties of Ethiopian coffee during informal talks.
"At Addis Ababa airport, took part in a traditional Coffee Ceremony with Prime Minister Abiy Ahmed Ali. The ceremony beautifully highlights Ethiopia’s rich heritage," Modi said.
In a unique gesture, the Ethiopian Prime Minister drove Modi to the hotel.
On the way, he took a special initiative of taking PM Modi to the Science Museum and Friendship Park, which was not in the itinerary.
"Gratitude to Prime Minister Abiy Ahmed Ali for showing me glimpses of Ethiopian history and culture at the National Palace Museum in Addis Ababa. It was a powerful reminder of Ethiopia’s rich traditions," Modi said in a post on X.
The Nobel Peace Prize-winning Ethiopian PM’s special gestures show remarkable respect for Modi, sources said.
"Thank you Ethiopia for a welcome that was unforgettable. The Indian community showed remarkable warmth and affection. India-Ethiopia friendship is going to get even more robust in the times to come," Modi said.
When Modi arrived at the hotel, he was warmly welcomed by the members of the Indian community. Local artists performed dances. Some of them danced on the theme of the popular Hindi song 'Aisa Des Hai Mera' to welcome him.
On Wednesday, Modi will address the Joint Session of Parliament and share his thoughts on India's journey as the "Mother of Democracy" and the value that the India-Ethiopia partnership can bring to the Global South.
PM Modi arrived in Ethiopia from Jordan, where he held a one-on-one meeting with King Abdullah II at the Husseiniya Palace on Monday before the delegation-level talks.
India and Jordan also inked MoUs in the fields of culture, renewable energy, water management, digital public infrastructure and twinning arrangement between Petra and Ellora, aimed at giving a major boost to bilateral ties and friendship.
From Ethiopia, Modi will visit Oman on the final leg of this three-nation tour.
