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| Edited By: Nirupam Banerjee |Source: DNA |Updated: Sep 21, 2019, 06:00 AM IST
It is a roller coaster ride! This is what Gujarat High Court's senior-most judge AS Dave had to say when asked about his illustrious career of 34 years in the legal domain—19 years as a lawyer and 15 years as a high court judge.
Born in the tribal district of Panchmahals, he has witnessed all the ups and downs of life. From having to study in a school without a roof to becoming the Acting Chief Justice of Gujarat High Court, he spoke on a variety of subjects close to his heart and mind before hanging his boots in a free-wheeling chat with DNA. Excerpts…
I was born in a tribal district and studied in a tribal village school which had no roof. Despite all the difficulties due to the lack of infrastructure, I enjoyed my childhood. My fondest memories of childhood are participating in the cultivation of land, staying overnight in a hut and studying under a lantern as my main subjects were agriculture and community life. After I completed my school, I graduated in commerce from Godhra and then studied LLB in Ahmedabad.
I had secured several government jobs including in banks and in the intelligence bureau of government. However, I never joined them. My elder brother Vimal Dave used to practice in Supreme Court and he was my guide. He told me that there was no other profession in the world where you have a choice other than law. I gave up the government jobs I had secured and became a lawyer.
I think lawyers have a difficult job as compared to judges. For a judge, the task becomes easier when two lawyers argue the case while presenting the facts, legal nuances, and case laws, making it simple for them to adjudicate. On the other hand, lawyers have to carry out detailed research and present the facts and then apply the law so that the verdict is in the interest of their clients. Judges receive valuable assistance from lawyers of both sides. Also, judges have a secured constitutional position with salary and perks, whereas lawyers initially will have to strive hard to create a name for them in the field and set-up independent practice.
As an administrator, the biggest challenges in running the high court were an acute shortage of judges and the rising burden of case pendency. To resolve the problem, we experimented with alternative methods for redressal of disputes. In the last two lok adalats, over 2.31 lakh cases have been resolved and in the lok adalat organised on July 13, claims to the tune of Rs 1,250 crore have been settled.
Lawyers should adhere to professional ethics. Time has come when they should address themselves on where to draw a line between their professional interests and the demand of their clients. At the same time, the conduct of the judges inside and outside the court is equally important. Judges should not always talk about their privileges, perks, and protocols, and should maintain a safe distance from pitfalls leading to erosion of judicial value and ethics.
The process of appointment of judges in high courts requires detailed scrutiny about the suitability of a candidate because once a person is appointed, he will be dealing with many constitutional issues apart from human and fundamental rights. Such a person should have absolute integrity, which should be impregnable. This filtration process has to be carried out before appointment so that no issue arises after the appointment. That is what is required. Several constitutional authorities are involved in the appointment process and that often results in a delay.
As such, I have not thought of it. I want to remain with my family for some time. One of my priorities is to go back to the roots and work in rural areas in whatever capacity I can. I am from a rural background and recently during my visit to my native place, I saw some glaring inequalities. Rural people are not aware of their legal rights and I want to work for them.
