For quality justice from final court, merit must predominate: Justice Nariman

New Delhi, Aug 12 Justice R.F. Nariman, who retired from the Supreme Court on Thursday, said that seven years as a judge has been most "gruelling period" of his life, and it was not a "cakewalk".

He said that he could not say that he enjoyed every minute being a judge, but "certainly enjoyed writing judgments".

In his remarks at the farewell function organised by the Supreme Court Bar Association (SCBA), Justice Nariman stressed that merit must be the predominant factor, which should be considered while making judicial appointments.

"I believe that there is legitimate expectation in the people of India and the litigating public, to get certain quality of justice from this final court. For that, it is very clear that merit must predominate, subject of course to other factors. But merit always comes first," he said.

An ordained Parsi priest and the fourth senior counsel to be elevated from the bar to the Supreme Court bench, Justice Nariman called for more direct appointments from the bar to the bench.

"Seven years as a judge has been most gruelling period of my life, it was not a cakewalk... being on this side is much, much more difficult", he said.

"I can't say that I have enjoyed every minute of being a judge, very hard work. Certainly, enjoyed writing judgments. But, at the end of all, it worked out well."

Justice Nariman said he missed his dearest friend, late Arun Jaitley. "Arun again was such a darling of a human being. Such a great man. And he was such a dignified lawyer... I have seen his rise from zero. I have seen him as a Tis Hazari lawyer..as a lawyer he was always exceptionally well prepared and exceptionally dignified," he recalled.

He added that after becoming a judge, when senior advocate Mukul Rohatgi appeared before him, he remarked: "I have beaten you hollow. You have 25 briefs, I have 65."

Concurring with the views expressed by senior advocate and SCBA President Vikas Singh who said that "it is time more direct appointees were elevated to this bench", Justice Nariman added: "I would also say, and exhort, those direct appointees who are asked, never to say 'no'. It is their solemn duty, having reaped so much from the profession to give back."

"I leave this institution with mixed feelings. Now I won't have files waiting for me when I wake up at 6 in the morning. Although I'll still wake up but follow a routine like normal human being," he added.

Attorney General K.K. Venugopal said: "He (Justice Nariman) was a junior in my chamber and he was a star among all my juniors."

He said that Justice Nariman is one of the finest legal minds, and one of the finest judges that the top court has had. "Justice Nariman is a constitutional czar par excellence," he said.

Singh said that Justice Nariman's earnings on a day during his time as a lawyer would be more than the salary he received as a judge over seven years.

Justice Nariman was known as a judge who never minced words, both inside and outside the court. He was central to many path-breaking judgments delivered by the top court - be it the scrapping of IPC's Section 377 which criminalised homosexual acts, decriminalising adultery, the triple talaq ban, Sabarimala woman entry issue, Assam NRC, Section 66A of the IT Act, and the Babri demolition case.

Recently, he forced UP to ban Kanwar yatra, and also came down heavily on the Kerala government for lockdown relaxations ahead of Bakrid.

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