WWW.LIVELAW.IN Shri Justice Hrishikesh Roy, Esteemed Brother & Sister Judges, Respected former Judges of this Court, Learned Advocate General, President, Kerala High Court Advocates' Association, President of the Kerala Federation of Women Lawyers, Members of the legal fraternity, Officers and Staff of this Court, Officers and Staff of Advocate General's Office, Members of the Advocate Clerks' Association, Ladies and Gentlemen,

I am honoured by the presence of so many friends inside and outside the law who have walked me through the past eleven years of my career as a Judge of this Court. For an individual or an institution, time goes on; life moves on. You lose one thing to gain another – perhaps a better one. As I leave the arena, I am pleased and delighted to present to you a parting gift: a gem from North-East Gauhati – land of pristine beauty and pure hearts. Before I pay my homage to this great institution and to all of you, I heartily welcome Shri Justice Hrishikesh Roy to the judicial fraternity of

WWW.LIVELAW.IN Kerala. I assure him on behalf of all of us that he will have the best of times here. I am grateful to Justice Hrishikesh Roy, Justice K.Surendra Mohan, the learned Advocate General and the President of the Bar Association for their words of appreciation and gratitude. Today is just another day for everyone of you. The sun rose in the same way as it has done in an eternity. The birds sang as merrily as they ever could, and the breeze blew with same vigour across the paradise called Kerala. But, for me, today is THE DAY, the day of reckoning, the day of reviewing, and the day of thanksgiving. Everything – the Sun, the bird, the breeze – has reminded me of one thing: that I am parting with you, and that I can no longer be a part of this edifice. This is the edifice that sheltered me, so that I could build a home of my own; nurtured me, so that I could carve a career for me; nudged me, so that I could move ahead in life; chided me, so that I could not be complacent; warned me, so that I would not be arrogant; taught me, so that I could not be ignorant; and embraced me, so that I could not be alone. This edifice is mere brick and mortar, minus one thing. That is you, the members of the Bar. Let me tell you honestly, it is you that made me what I am today. I chose to come over here; you welcomed me. I fought cases, you accommodated my exuberance and forgave my follies. I shaped for myself a

WWW.LIVELAW.IN career; you guided me in no small measure. On the Bench, I decided cases; in fact, you facilitated it. Now I retire; I am sure you too feel with the same fondness that you miss me. I have judged many cases, for you have presented them, for you have argued them, and for you have articulated them. I had laws to lead, I had precedents to guide and, above all, conscience to answer. On this day, what can I offer to you? Yes, I can offer you a heart filled with gratitude, I can offer you my folded hands, brimming with respect and affection, I can offer you my every waking moment, teeming with your memories, forever. I know parting is painful. And I am experiencing it right now. But let me tell you, it is a pain laced with pleasure, like a dark cloud with a silver lining. Dark could be my departure from the limelight; but delight is what I get when I think of all of you. That is the silver lining. Now time makes me stand before you – to be judged. You can judge me. But I cannot present my case, argue or articulate it. You have the law, but that is of your notion; you have the precedent, but that is your passion, and you have your conscience, and that is the only one I bank on. Every river has a name, but no river has the same water flowing the next minute. Still we call the river with the same name. And a river always flows to have a confluence with the ocean.

WWW.LIVELAW.IN Every institution has an identity, but never the same people. As the water in a river changes, so do people in an institution. But, we still call it by the same name. And this institution always runs to have a confluence with the ocean of justice. I am a droplet, a ripple, or at best a wave, in the water that has almost moved away from the flow already. I did my duty: I had my glories, I had my failures, I had my dreams, I had my nightmares, too. I know, you also know this because you are as much a part of me as you remain yourself, though. Like every well-meaning, rule-bound judge, I too have realized my limitations. For a judge's strength lies in his knowing his weaknesses. I understood I am not a politician; I understood that the judiciary is a passive branch of the State, and I understood that my decisions should reflect the law; they never should seek to set policy. If ever a judge believed that he could decide according to his policy, it is a judicial fallacy. Democracy demands that judges confine themselves to a stipulated sphere of influence. That is why late Alexander Bickel called the judiciary the 'Least Dangerous Branch'. In a world governed by a proper conception of their role, judges do not play at being legislators; they leave that job to the elected. I know sometimes people cannot control their emotions, they persist with their notions as if they were facts. They lose balance, but blame others. Their defence is that they follow their conscience. My sympathies are with them, for

WWW.LIVELAW.IN to err is human and, as is often said, with great ignorance, comes great confidence. As Justice Antonin Scalia said, “more important than your obligation to follow your conscience, or at least prior to it, is your obligation to form your conscience correctly”. I sail with Antony Kennedy, who said that “the remedy for speech that is false is speech that is true. This is the ordinary course in a free society. The response to the unreasoned is the rational; to the uninformed, the enlightened; to the straight-out lie, the simple truth. I can only serve a caveat on my colleagues: even righteous indignation and holy horror are impertinent intruders in an affair of justice. Emotional justice has no standing in the forum of right reason. I exhort all the stakeholders in the judiciary, as Thomas Jefferson did, that the dignity and stability of Government in all its branches, the morals of the people and every blessing of society depend so much upon, an upright and skilful administration of justice. In my 62 years of life's journey, I am indebted to many, my beloved parents, who left for their heavenly abode, my seniors in the profession, who have shaped my destiny in the legal profession, the members of the Collegium which chose me as a Judge and as a Chief Justice, my colleagues on the Bench and at the Bar, my brothers and sisters, and my dear wife and children. As a Judge of this Court, I had the invaluable assistance from all officers and staff, who were

WWW.LIVELAW.IN associated with me. I do not want to name each one of them, but I assure each one of them that they all will have a special place in my heart. I must acknowledge the valuable services rendered by Shri N.Anil Kumar, Registrar General and other Registrars. But for their assistance and support, I would not have been able to discharge my duties. Same is the case with KeLA and Mediation Centre. It is the devoted service rendered by the staff, that made this Court the best in the country. I wish all those who were associated with me and everyone here all the best in life. I have been the portfolio Judge of several District Judiciaries and I have watched the officers of the Subordinate Judiciary from close quarters. It is my definite conviction, that the reputation that Kerala Judiciary has earned is largely because of the dedicated service rendered by the officers of the Subordinate Judiciary. I wish all of them a bright future and everything good in life. Full Court References on the eve of retirement are both a moment of joy and sorrow. While joy emanates from successfully fulfilling the Oath of Office; sorrow stems from parting with colleagues in robes. As I bid farewell to you all, I am reminded of a Sufi Poetry, – Goodbyes are only for those who love with their eyes; Because for those who love with heart and soul there is no such thing as separation. Thank you.

WWW.LIVELAW.IN -0-0-0-0-0-0-