SC Judge Nageswara Rao – Excellent Speech at the Farewell Function at Delhi – Sekar Reporter:* Link: https://www.youtube.com/watch?v=0f_S0rcypus Justice Ramana, the Chief Justice of India! The evergreen Mr. K.K. Venugopal, to whom I look forward! He is about ninety, so when I think I am old at 65, I see him, and then I’m happy that I can go on for another 25 years at least. The Casting President of the Bar Association Mr. Vice President Rahul

*SC Judge Nageswara Rao – Excellent Speech at the Farewell Function at Delhi – Sekar Reporter:*

Link: https://www.youtube.com/watch?v=0f_S0rcypus

Justice Ramana, the Chief Justice of India! The evergreen Mr. K.K. Venugopal, to whom I look forward! He is about ninety, so when I think I am old at 65, I see him, and then I’m happy that I can go on for another 25 years at least. The Casting President of the Bar Association Mr. Vice President Rahul secretary, my brother and sister Judges, a Solicitor General and other Law Officers, Senior Advocates, members of the Advocates on Record Association under the able guidance of Manoj, the President, my dear members of the Lawyer Association.

I’m not only humbled but I’m flawed seeing the sort of affection that is shown by all of you. When I thought of coming to Delhi there was a lot of opposition from my family as well as friends, they were telling me, “You’re doing so well here why do you want to go to Delhi not knowing what’s going to happen there.” But I should tell the younger members of the bar, unless you take up a challenge you, will not succeed, and you should realize that practicing in any Court especially the Supreme Court is a challenge by itself. Even thinking of coming and practicing here is a challenge to start with and thereafter to really realize your dreams you will have to really work hard; and with the sort of competition that is there in the legal profession today, you have to dream and then you have to realize your dreams. Only if you work for that, then only you will be able to succeed. I came to this court, I thought that I made the last journey, and this will be the place where I’ll go away from. But after practicing here for a long number of years, and that too working day-in and day-out, I had a feeling that I should call it a day around 60 or 65, go back to Hyderabad and come here once in a while. Not stop working, but do something more where I can help the underprivileged people of the Society. That proved to be my weakness, in 2014 when I was offered a Judgeship I accepted to start with And after spending a week in the verandas. I was thinking, how can I go away to the other side. I went back to Justice Lodha and then told him, “Sir, I don’t want to accept, I’ll withdraw my Acceptance.” Then he said, “Why? Having given your acceptance, why are you taking it back?” I had a reason then, because I was supporting a number of Youngsters for their education, I had also taken up some projects where village had to be developed, and I was really not very comfortable with leaving the verandas as being a Lawyer. But then he said, “I understand” and then he said, “it’s all right”, again when I was offered in 2016, I was not prepared. I was actually in apartheid as Mr Vikas Singh was mentioning. I was arguing before Justice Dave appearing for the Christian medical college the matter was listed next day; I got a call from Justice Thakur at 9 O’ Clock. I didn’t know that it was for this. I went to his place, then he asked me, “you have to accept now, two years have passed, you must have made enough money in this two years, so don’t say no.” Then I told him, “Let me think about it. I want to speak to my daughters. I want to speak to my wife. I’ll come back to you tomorrow.” and he said, “No, I’m not going to give you time, last time also you gave consent and then withdrew.” Then he told me, “it seems you wanted to go away from this court at the age of 60 or 65, you will never be able to go away if you accept Judgeship, at least definitely after 65 you’ll have to go, there’s no way you can practice here after 65.” I don’t know, I shouldn’t say it, but some weak moment, I accepted it, and then I told him, “I thought I can go back again next day and tell him”. Then he said he called the Registrar and he said you have all the papers which he gave us two years back and the other three Judges who had given their consent are waiting. I can’t wait, tomorrow morning the papers have to be sent, I told him that I have some partners and he said nothing it’s over.

I had to give up everything. I really loved being a lawyer. The profession has given me everything in life. I really loved being a lawyer, not even a day I thought that I was in the wrong Profession. Even now, I keep telling my colleagues who sit with me that I miss being on the other side when I became a Judge. I was telling this in the Court. I met Justice Gogoi. Since then, he told me that, for you there’s not much of a difference. He’s said that, it’s just that you’re walking through the other door instead of the front door you’re going to the same Courtroom after a year or year and a half. I told him that I still think like a lawyer, and he said that you continue to think like a lawyer. That will be better because you understand the lawyers better. My achievements, if at all there are any, is because of the support I got from the Bar. Actually, my strength is the bar! The reason for that is, I know almost all of you, not only knowing you, but I’ve also worked with most of you. We work together. I’ve appeared before most of the lawyers. So having undergone the trials and tribulations in the profession to start with, when I came here, I know exactly what the challenges of a lawyer are when somebody stands and argues, and sometimes they overshoot, argue something which is not necessary, or even don’t stop when we ask them, we understand at least people from the Bar. Not that the other judges don’t understand, with their experience they definitely understand, what it is all about, but I stand in your shoes when I’m sitting there as a Judge. But being a human being, even I have been harsh to lawyers, I ask your forgiveness for being impertinent, impatient sometimes. But Vikas Singh was talking about my Acting Capabilities, so I was into theatre when I was in college. So, one of my cousins was a director. He asked me to act in a film, it was a very short role and that there ended the matter. I didn’t want to become an actor to start with, and all of you know that lawyers act in Court. Judges also do when there is some heat in the Court, so we try to control the lawyers by bringing in truths between two lawyers who are at the neck of each other by acting, sometimes telling them please slow down, sometimes raising their voice at least to drown the voices of the Lawyers. So acting is a part of the profession and sometimes I used to ask lawyers when they are shouting at each other, “are you like this outside the court?”, when they are not, they go to the coffee shop and have their coffee, so acting is a part of it. And about cricket, cricket has been a passion from my childhood and even now, when I work, the TV is on, the IPL matches go on. So, part of my life. And golf now for the past 10 years, I have a group of Judges with whom I’ve been playing golf. I really enjoy Friday evenings and Saturdays when I play golf with them or otherwise, I play golf with giant Bhushan. And other lawyers I’ve been doing it for a long time I love being active and sport also has taught me a lot of things in life. First thing is, don’t sulk when you lose. And losing something is only a steppingstone to success. You have to lose to know the value of Success. And I’ve been playing for the lawyers after I came here against the Judges now where did we win because thing you’re wrong we didn’t win at all and all the time I used to ask the lawyers why are you not winning against the judges. Only a few times we won. But in this year’s match definitely it is not fixed. And I did not plan at all I didn’t even know who was coming, all credit goes to Justice Sundaresh, I didn’t even know that there were 11 Judges to play cricket on that day when we asked the Judges for their consent there were only three people who gave consent. I told the Chief Justice we will postpone this match, I can’t go play cricket with three people, so Sundaresh me and another Judge. But thereafter, the Chief Justice of India persuaded the other Judges to come, and some, they just came from the Madras Court and the Kerala Court and as Vikas Singh was saying they were playing like regular cricketers and that’s the nemesis of the Bar Association, Balbir Singh was definitely playing very well along with others. But we proved to be much better so the Bar Association, beware from next year, we have Sundaresh taking my place so there was no fixing, so we won and we got a cup which is much bigger than the World Cup. So it is kept in our lounge every day. I won’t see the cup and then I’m so proud that we have won such a big cup. He’ll be there for the next year or two my dear Friends. I had a very smooth ride I had I was very fortunate in getting breaks at the right time opportunity is something which is very important I have always been saying that there are much better lawyers or people who are much more competent than me. But I’ve been very lucky in getting that opportunity and the other thing is I’m a man of average intelligence. I don’t claim to have super intelligence and that I can understand things very fast. But I make it up by working that extra hour. When I came here to practice, I saw that there were brilliant lawyers. And I remember the words of Mr P.P. Rao who passed away. Coming from the same State, he gave me a piece of advice, he said that all individuals do not have the same intelligence, but whoever works harder, if they are definitely not having the same IQ, you’ll be able to reach there. And I think it worked very well for me. I worked this extra even till yesterday night. I’ve been reading briefs for yesterday’s court only today I didn’t read any because I was sitting with the Chief Justice of India, and work has become a routine now, and going away from the portals of this Court, I’m not going to just stay at home, I’m going to work, whatever work that comes my way.

Now that I’m retiring, I can say a few words on the retirement age which the Attorney General has been speaking continuously about. Sixty-five, being very engaged for Supreme Court Judges. I’ll give another Dimension Judges who come here from the High Courts, the average time that they get is four to five years. They have been Judges of High Court for about 15 years to almost 17 years. By the time they come here and they adjust to the Court work here, people like this is Khanvilkar. They were practicing here it’s much easier for them, but for Judges coming from the other High Courts, who have not seen the Supreme Court and how it works, a Judge told me that it takes about one and a half to two years for them to understand how the Court functions here, because it’s completely different from the High Courts, and by the time they get their bearings, they’re looking at the retirement in another six months or one year. Even to head a Bench, it takes that much time, nobody starts hitting a bench for about two years so the time to really contribute to the march of Law, they get a very short period for us. From the Bar, this is a something new being a Judge, though we have been lawyers, we’ve been in this Court, we know most of the branches of Law, we have dealt with them, it’s much easier for us because we know all of you. But judging is a completely different art, at least to get used. To that art it takes at least three to four years’ time or at least three years’ time and when we are fully prepared, the time has come to go, so my suggestion is that Judges who are coming to the Supreme Court should have a minimum of seven to eight years, if not ten years, whether you increase the age or not. Only then you will get the best out of the person who’s working here as a Judge. I’ve been here for six years, but with every day, my confidence that I have control over the Court and then have control over whatever is happening in the Court increases. I am pretty comfortable now with the Court but I’m gone, this, I think is something which needs consideration by whoever is competent to take decisions.

When you choose judges, I’m not saying don’t bring judges for three to four years, but you’ll have to have that much time for a person who is coming here to get the best out of that Judge and especially in the Supreme Court where you’re deciding matters of huge importance for the country, for the citizens, and mind, you members of the Bar, that you’re the foot soldiers of the Constitution and the Rule of Law would be in safe hands only with the Bar playing a very active role. Judges by themselves cannot run the Court, it’s only because of a strong Bar that the Judges would be able to really contribute to the march of Law and to ensure that the Rights of Citizens are protected.

We are now in the Highest Court of the Land. As and when somebody has a problem about violation of any Rights where will they go? They go to Constitutional Courts and unless you raise the voice on behalf of a Citizen it’s not even heard anywhere and you have a very active Bar and the Supreme Court Bar Association has been at the forefront in respect of Protection of Civil Rights in this country. I’ve been a beneficiary of the Bar I’ve benefited so much being a member of the Supreme Court Bar Association and I should congratulate the executive committee of the Supreme Court Bar Association headed by Mr Vikas Singh for the help that they rendered to the Lawyers’ Families who died during COVID, and I understand there are a large number of lawyers who were really seriously affected by the COVID.

For about one and a half to two years, some of them have packed and gone home. We don’t know whether they have come back but the Supreme Court Bar Association has taken care of its members very well. I am sure that the Supreme Court Bar Association will take steps to ameliorate the well-being of all its members to help them achieve their dreams.
Lastly I should say that it’s time to say goodbye. Thank you very much.