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Restraint in enforcement of rights not justifiable: Judge

He said that restraint in the matter of enforcement of basic human rights was neither desirable nor justified.

Published: 13th May 2016 03:28 AM  |   Last Updated: 13th May 2016 03:28 AM   |  A+A-

Restraint

KOCHI: Chief Justice Ashok Bhushan, who was elevated as Supreme Court Judge recently, said that rendering justice by granting the required relief was not an act of charity or mercy.

 Addressing the legal fraternity at a Full-Court Reference meeting at the Kerala High Court here on Thursday, a day before taking charge as Supreme Court Judge, Justice Bhushan said, “protection and enforcement of constitutional rights and freedom is both the power and duty of the court.”

He said that restraint in the matter of enforcement of basic human rights was neither desirable nor justified.

“Justice should be tempered with mercy. But mercy is not a substitute to justice. Courts should not administer justice actuated only by mercy, since justice is recognition of the constitutional rights of the people.

Dignity based on rights is the quintessence of liberty in democracy. Court is called up on to exercise a right-based adjudication,” he said.

Bhushan further stated that the government had approved the recommendations made by the Kerala High Court with regard to revision of the remuneration and allowance High Court employees, and that a government order on the matter would likely be issued on May 17.High Court Advocates’ Association president S U Nazar also spoke. Former judges Justice P K Shamsuddin, Justice G Sivarajan, Justice K Narayana Kurup, and Justice V K Mohanan, in addition to the sitting judges, also attended the function.

High Court Registrar General Ashok Menon; Assistant Solicitor General N Nagaresh; Advocate General K P Dandapani; State Attorney P Vijayaraghavan; Additional Advocate Generals K A Jaleel and Babu Varghese; Director General of Prosecution T Asaf Ali; Additional Director General of Prosecution Tom Jose Padinjarekkara and Bar Council of Kerala chairman Joseph John were also present.

On higher pedestal

■ “Kerala is having an excellent Subordinate Judiciary, which is the backbone of the State’s judiciary,” said Justice Bhushan

■ Justice Bhushan served as the Chief Justice of the Kerala High Court for 22 months

■ Justice Bhushan was the 31st Chief Justice of the Kerala High Court

■ His swearing-in ceremony is scheduled to be held at 10.30 am on Friday at the Chief Justice’s Court of the Supreme Court

■ Allahabad High Court Chief Justice D Y Chandrachud, Madhya Pradesh High Court Chief Justice Ajay Manikrao Khanwilkar and Supreme Court Senior Advocate L Nageswar Rao will also be sworn in as SC judges

■ Four judges of the Kerala High Court - Justice P R Ramachandra Menon, Justice V Chitambaresh, Justice A M Shaffique and Justice Dama Seshadri Naidu - will attend the function

■ According to sources, Justice Dama Seshadri Naidu will soon return to his parent court - Telangana and Andhra Pradesh High Court- after a brief stint in the Kerala High Court



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