‘Procedure is the handmaiden of justice’. The axiom often cited by legal eagles is perhaps best exemplified by the report submitted to the government by Justice Shivraj Patil on Monday. The one-man panel tasked with reviewing telecom licensing procedures is believed to have identified former telecom minister A Raja and several government officials for lapses.
In the field of administrative law, Patil, a former judge of the Supreme Court, is a master. While he was on its bench from 2000 to 2005, he handled cases where procedures were vital. Land acquisitions, transfer of property and appointment to tribunals are some of the subjects in which he delivered important judgements.
Patil, 70, was in the Supreme Court for five years. Later, he became a member of the National Human Rights Commission, from which he resigned abruptly citing “personal reasons”. He is a relative of a Congress politician and namesake, who is governor of Punjab. Before being elevated to the Supreme Court, Patil had been chief justice of the Rajasthan and Madras high courts. It was the telecom scam that brought him out of quiet retirement in Karnataka, from where he started his career as a lawyer and then principal of a local law college.
Judges normally put their stamp of personality on their judgements with their style, opinions, allusions and even humour. Not Justice Patil, who leaves no clue to his personality or preferences. His judgements are straight-laced and one paragraph may run into two or three pages. While high on clarity and merit, his judgements are unlikely to appeal to anyone but the appellant and respondent. A wider audience, like the legal profession or academics, will find little to quote from or ruminate upon in the bone-dry lines.
