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Judges Have Difficult Job।। Why Six & Not Nine Months at JTRI।। Insulting Punishment। । Respect Begets Respect।। Indiscretion In The Court।।Act Without - Pressure, Fear, Expectation।। Decide Without Favour।। Adopt More Active Role।।Raja Bhoj and the Grazier।। Be Open & Correct Mistakes।। Empathy & Compassion।।
Michael Kirby J. was a judge of the High Court of Australia, the highest court of law there. He is one of the greatest judges of our times. He has written a good article ‘On Writing Judgments’ published in (1990) 64 Austr LJ 691 (See End Note-1).
In the beginning of this century, I met him in a conference at the National Judicial Academy Bhopal and told him about his article and that I had circulated the same. We formed a great bond. During the conversation, he told me that he was gay. It was rather awkward. We never admit or say such a thing in open social meeting but then he told me something that touched me.
He said that he never disclosed it till his mother was alive but openly admitted the same, when she was no more. This surprised me and I asked him for the reason. He said,
“My mother would have never understood that it is the way God made me; she would have blamed her upbringing of me, causing great pain to herself and I never wanted that she should feel sorry the way she brought me up.” (See End Note-2)
This statement left a deep impact on me and I realised compassion and empathy on his part. This is an essential part of being a good judge.
These are some but not all the qualities that are required of good judges, but you must always remember what Aungier, the Governor of Bombay said, while inaugurating the first British Court of Judicature in Bombay in 1672:
“Laws though in themselves never so wise and pious are but a dead letter and of little force except there be a due and impartial execution of them.” (The Common Law in India by M.C. Setalvad page 42)
This is now your responsibility, and I have no reason to doubt about your success in the same.
End Note-1: For easy access, this article and some other are published in a booklet titled as ‘Select Writing for Judges’ by the Judicial Training Research Institute, Lucknow. I had been circulating these articles to the newly appointed judges at the Allahabad High Court.
End Note-2: Contrast it with a story of an Indian journalist, how he told his mother about his being gay.
#AdviceToYoungJudges #GoodJudge
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