Independence of judiciary stands erect:outgoing CJI Dipak Misra, successor Gogoi praises him

Chief Justice of India Dipak Misra's tumultous 13-month tenure drew to a close and he used his last public address on Monday as the top judge to stress independence of judiciary stands "erect" and will remain so, asserting there is "collegiality" amongst the judges of the Supreme Court.

Underlining that the Supreme Court stands supreme, Justice Misra also said justice must be insulated from "disruptive factors" and that the scales of justice has to be balanced as far as possible as that is the true essence of justice.

"It cannot tilt to either side owning to anyone's aggressive views. The lady of justice is blindfolded to signify neutrality, since each case whether involving a greater or smaller ramification is the same for us," he said, adding justice must have a human face and a humane approach.

The remarks by the CJI came during a farewell given by the lawyers association of the apex court after Chief Justice-designate Ranjan Gogoi said the commitment of the judges and lawyers towards the judiciary has stood the test of time.

Justice Gogoi also said beliefs must be constantly evaluated on the touchstone of constitutional morality, which must prevail when there arises any doubt or conflict, and said this is true patriotism to the Constitution.

"I echo the feelings of my brother Justice Gogoi, the Chief Justice-Designate that independence of judiciary stands erect and that shall stand erect and there is the collegiality amongst the brother and sister judges of the court and the Supreme Court stands supreme. Not today and in times ever to come," Misra said at the function organised by the Supreme Court Bar Association.

Justice Gogoi will be sworn in by President Ram Nath Kovind on October 3 to become the 46th CJI.

Justice Gogoi, who was among the four senior-most judges to virtually revolt against Justice Misra in January over various issues including assigning of cases in the apex court, praised the outgoing CJI for an "illustrious career".

"As a judge, his greatest contribution to Indian jurisprudence has been on issues of Constitutional significance particularly with regard to civil liberties," he said.

Justice Misra said the Indian judiciary is "one of the most robust institutions in the world" and that is because of the judges, who always believe in upholding the law and thereby maintaining the legitimacy of the judicial system or the legal system.

"Our judges are far ahead from their counterparts in other countries, shining with the abilities to resolve mindboggling number of cases."
"Some cases may be won some may be lost depending on the merit of the case and the interpretation of law," he said, adding, "The legal debate, discussion has to be taken in a healthy spirit and any kind of annoyance or a different feelings has to be avoided."