The sudden resignation by Bombay High Court’s senior most Judge S.C. Dharmadhikari has stunned the legal fraternity. We yet don’t know what really prompted our very outstanding and so brilliant Justice Dharmadhikari to put in his papers. But this is a great and enormous loss for our now crumbling Judiciary.
Over the years I had the privilege to appear before Justice Dharmadhikari whenever he was on an assignment in Goa. He was an extremely fair Judge with an impeccable and unblemished record. And an absolute no nonsense Judge he always was. It is extremely anguishing that the Supreme Court was unable to find a way out to retain one of the finest jewels in the Judiciary. Did Justice elude Justice Dharmadhikari? Or did his impeccable principles and integrity reign supreme leaving the learned Justice with no option but to be the master of his own destiny! Injustice anywhere is a threat to Justice everywhere.
After his resignation as Justice Dharmadhikari’statement that “Hope this institution does not bend before the mighty State, the biggest litigant before it” should be an eye-opener!
His profound statement highlights the erosion of trust and judicial independence, one of the most important principles of the rule of law and is a sad reflection of the current precarious state of our democracy. Upright and learned justices will always seek to defend the interests of the citizen by ensuring that assaults or unfair demands on the judiciary will not be tolerated as it will chip away at the legitimate authority of that branch of government and give undue influence to the legislative and executive branches.
This regrettable but understandable action by a decent learned Justice calls for urgent action by the Bar, the legal community and all citizens to protect the integrity of the courts and the role of Judges.
As Caroline Kennedy, Attorney, diplomat and daughter of the late President Kennedy observed: The bedrock of our democracy is the rule of law and that means we have to have an independent judiciary, judges who can make decisions independent of the political winds that are blowing.
Or as the late President Andrew Jackson of the United States stated: All the rights secured to the citizens under the constitution are worth nothing, and a mere bubble, except guaranteed to them by an independent and virtuous judiciary.
