Supreme Court judge Justice A S Oka, who is retiring on Saturday, said on Friday that judges should be firm and not hesitate to offend someone.Chief Justice of India BR Gavai announced in open court that both he and retiring Justice AS Oka have decided not to accept any post-retirement assignments. The remark came during a ceremonial bench convened to bid farewell to Justice Oka, who officially retires tomorrow.
Sharing the ceremonial bench with Chief Justice of India B R Gavai and Justice A G Masih – a customary practice held whenever a judge retires – Justice Oka referred to comments that he was harsh at times, and said, “I always believed that a judge has to be very firm, a judge has to be very strict. And a judge should not hesitate to offend anyone.” “But I was harsh only for one reason. I wanted to uphold the principles laid down by our Constitution,” he added.
Justice Oka recalled that a “great judge” had once advised him, “Please remember one thing. You are not becoming a judge to become popular. I have followed that advice to the hilt. And that is why so indirectly today it was said that sometimes I was very harsh.”On his future plans, Justice Oka said, “Everyone talked about second inning or third inning. When I was listening to this, I always thought that while sitting on the bench, I always believed, since you are using cricketing terminology, I am taking recourse to that, I played like a one-day match. And in a one-day match, there is no second inning…So today at least I am not thinking about playing one more inning. It will take some time for me to reflect upon it.”
CJI Gavai said Justice Oka’s contributions “extend far beyond judgments” and “reflect a deep dedication to the Constitution…and the people of this country”. Justice Oka’s contributions to Indian jurisprudence are widely acknowledged, he added.“Over the years, his judgments have shaped and strengthened the legal landscape of our country. Whether it was in the domain of environmental protection, ensuring that development does not come at the cost of ecological balance, in holding government accountable to the people they serve, in safeguarding the freedom of expression even when the voices were inconvenient or unpopular, or in upholding the dignity of labour and the rights of the most marginalised, Justice Oka’s decisions have consistently reaffirmed the core values enshrined in our Constitution,” CJI Gavai said.
He added that Justice Oka also donned the role of a teacher in his courtroom. “In many ways, he has been a professor of law and ethics within the courtroom. He constantly reminded members of the Bar that the lawyer was first and foremost an officer of the court and only thereafter a representative of the client,” the CJI said. “Though I had no opportunity of arguing the case before him, what I could hear from the members of the Bar…he could be stern at times. You are also seen scolding lawyers on multiple occasions,” CJI Gavai said.
“But those who watched him closely knew that behind his firmness was the intention of a dedicated teacher. Like a seasoned professor guiding his students, he held lawyers by standards, not to intimidate, but to encourage. He taught the lawyers that advocacy is not just about eloquence, but about precision, ethics and sincerity,” he added.
"Both of us have already decided that we will not accept any post-retirement assignments and therefore, we can think of working together (after retirement)," he said. CJI Gavai paid an emotional tribute, calling Justice Oka a "professor of law and ethics" whose courtroom embodied ethical advocacy. Justice Oka returned to court just a day after his mother’s funeral, a gesture CJI Gavai said reflected his unwavering dedication to justice. “I will deeply miss his presence in the Supreme Court,” the Chief Justice said.
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