WHAT INSPIRED YOU TO PURSUE A CAREER IN LAW AND WHAT WERE THE KEY CHALLENGES YOU FACED DURING YOUR EARLY YEARS AS A LAW STUDENT AND LATER ON AS AYOUNG ADVOCATE?
I was a second generation lawyer. My dad was a lawyer in the High Court. So, I had a a little bit of legal background. And even when I joined LLB, every day, I used to go to the court after going to college. I have seen people fighting for their rights, and this was one of the reasons I joined law. In fact, by luck, I became a lawyer. I lost, MBBS by one mark only. If I would have gotten the admission, I would not have been here. So, one of the reasons was to do something for the society, and that is why I joined law. I started working because, at that time, the fee structure was not very high. Hardly Rs. 1000, 1500 2,500 per matter was offered. By the time, I joined the journey, I became Central Government counsel. worked as a Central Government Counsel and Standing Counsel in the High Court for five and a half years. I also worked as a CBI special public prosecutor in the High Court for five and a half years. By doing government work, private practice and social work, gave me job satisfaction.
YOUR JOURNEY FROM BEING AN ADVOCATE TO A HIGH COURT JUDGE AND THEN TO THE SUPREME COURT JUDGE HAS BEEN REMARKABLE. BUT, WHAT WERE THE MOST, DEFINITIVE MOMENTS IN YOUR CAREER THAT SHAPED YOUR APPROACH TO JUSTICE?
I was doing very well as a lawyer. But, my Collegium and the Senior Honorable Judges of the high court, called me and asked me at the age of 42 or 43, to join the judiciary. I was taken aback and little surprised and I said, “Sir, I have not thought about this assignment.”
I was doing very well as a lawyer. But, my Collegium and the Senior Honorable Judges of the High Court, called me and asked me at the age of 42 or 43, to join the judiciary. I was taken aback and little surprised and I said, “Sir, I have not thought about this assignment.”
Justice V. C. Patel was there, who became the, thereafter, Chief Justice of Jammu and Kashmir as well as Delhi called me and said that, “if you say no now, in the future you have no right to condemn the institution and to say that good persons are not joining the judiciary.” He also told me to treat it as a service to society. “If you treat it and consider it as a service to society, then you will not think about the other things in life, like money, etc.” Therefore, I accepted it as a service to society and joined the judiciary in 2004 as a Judge of the Gujarat High Court.
As a lawyer too, I did not face any challenges or difficulties, because I have always seen that, whatever you do, if you do it with commitment, honesty, integrity and hard work, then there will be no difficulty in real life. God is always there to protect you when you do something with good faith, good intentions, commitment, without malice and treating it as a service to the society. Correct? So, I did not face any challenges. My life as an advocate was also very smooth and I did not face so much of competition which you are all facing today.
But sometimes you feel, there’s something more that is to be done. Society means the people who come to the court, who are very needy. So you do something for the society.
I am always telling the judicial officers and the judges that out of hundred forty crore people, how many number of judges are there? Only a few. Out of one hundred forty crore people, when God has selected you as a judge, then God has put the trust in you to something better.
I will give you an example. I was considered a very strict judge in the sense of adjournment, or getting the work done from the government and government agencies. That fear should be there that if you don’t do this, there will be consequences. I will give you an example. I was considered a very strict judge. in the sense of adjournment, or getting the work done from the government and government agencies. That fear should be there that if you don’t do this, there will be consequences.
I will give you two more examples. In one case, there were a few pensioners who were not getting some pensionary benefits and they were waiting since long. The matter came before me in 2005 or 2006. I issued the notice, and, the notice was made returnable on Monday. They saw that the notice was issued by Hon’ble Mr. Justice M. R. Shah. So, they calculated their arrears of all the persons, went to their places and gave them the cheques with interest. They did this, because, on Monday, which was the returnable day, they could say that there is no no grievance and they already paid them the amount. This was the fear. On Monday when they appeared, they said there is no grievance and they has already been paid at their residence.
In another case, there were some retired primary teachers and they were not getting their original pay for some years due to which they were getting less pension. In a similar matter previously, an order was passed but the government and the officers were insisting that we must get the individual order, meaning Rs. 10,000-15000, to those who come to the court. Then I delivered a judgment, that if the benefit is not given the another similarly situated person, it will be contempt of court. I then asked the officials as to how many such persons are there in Gujarat. I got a number of approximately 24,000 retired primary teachers. Then I told them a story in the courtroom, about an officer in a village who was very strict. The office time was 5 o’ clock. One day, at 5:05, an old man went to the office. He wanted to get some work done. The officer saw the watch, and refused as the office time was over.
Justice M.R. Shah was elevated to the Supreme Court of India on November 2nd, 2018 and served till May 15th, 2023. His notable judgements include All Manipur Pensioners Association v State of Manipur (2019), West U.P. Sugar Mills Association v State of Uttar Pradesh (2020), and Vineeta Sharma v Rakesh Sharma (2020) The person then said, “Sir, I am coming from a far place and I dont have a place to stay and there is no bus facility to travel overnight and return tomorrow. I request you to do this for me as I am late by only five minutes.” The officer refused. All the other officers and staff members were watching this and felt it was unreasonable and unnecessary. The person went again the next day. Years later, it so happened, that the officer who did that, came to the office for his personal work and he was late by five minutes. All the staff members were watching. They said, The time is over. So, you may come tomorrow.“
The officer said that he has only been late by five minutes and he was their colleague. The staff said, “Time means time. and if you recollect, years back, a poor gentleman requested you for the same thing, and you did not agree.” So, I told the officers in the courtroom that the same thing may happen with them some day. They all agreed and out of 24,000 retired primary teachers, 23,000 of them got their benefit, with interest, at their residence, without filing a writ petition and without any order from the court.
Most of the persons were residing in the small villages. I received a post card. In those days, postcards were very good for communication. Imagine a postcard coming from a very remote village. It was from a widow, who got the benefit from it of around Rs. 4 – 6 lakhs, a big amount, without approaching the court and without filing the writ petition. In that postcard, she wrote only one thing at the back, addressed to me, that Nyaya Jeetenge, i.e. Nyaya abhi jeeta hai.
So, this is what you can do as a high court judge, a service to society. This is what I earned, as a high court judge, a certificate from the widow. We are here for common people, the needy, the poor and the downtrodden. This is the trust put by God in you. If you don’t fulfill that trust, then you breach that trust. So, that is how I worked as a High Court Judge and then Supreme Court Judge.
Even as a High Court Judge and Supreme Court Judge, I was virtually working for 14-16 hours a day. Otherwise, this much judgment and this much work, one cannot do.
SIR, AS A JUDGE, YOU HAVE DELIVERED OVER 700 JUDGMENTS. HOW DID YOUR EXPERIENCE AS A LAWYER INFLUENCE YOUR DECISION MAKING OFF THE BENCH?
I have delivered more than 1,200 judgements. Out of these, 700 judgements have been delivered as a Supreme Court Judge. These are reported judgements. They helped me a lot because I got a lot of experience as a lawyer in all fields. I practice in the criminal side, revenue side, land matters, commercial litigation, and service matters, which cumulatively have helped me in my career at the Supreme Court and High Court. If you see, the more you work, the more experience you get.
I used to prepare a register in which I would keep a record of my judgments and citations, along with the judgment copy. It helped me as a High Court Judge as well as a Supreme Court Judge. My advice to you all is to cultivate the habit of reading the law journals. Nowadays, it is very easy due to the digital programs. For Supreme Court, SCC online is there. You put one word, and 10 judgements will come. In our times, we would go through the digest, each and every book and index. The moment I would get the journal, I would go through the index the very next day so that I can so that in future, if a matter comes before me, I could recall the judgment that I had already read. We used to go through all the judgments, the facts distinguishing it and the circumstances, to deliver the judgments, and not blindly follow the previous ones.
Distinguishing the judgment itself is an art. When you view a judgment, you might feel that, this judgment is against me, just by looking at the heading. But that is very misguiding. Don’t surrender to the headnote of the judgment. You can very well distinguish it.
THESE DAYS WE FIND OURSELVES IN A RAPIDLY CHANGING SOCIETY, WHICH IS CREATING NEW CHALLENGES FOR THE LAW AND JUDICIARY. GIVEN YOUR VAST EXPERIENCE AND INSIGHTS INTO THE ASPECTS OF THIS LANDSCAPE, WE WISH TO SEEK YOUR OPINION ON SOME OF THE KEY AREAS OF LAW, ESPECIALLY AI AND TECHNOLOGY OR ENVIRONMENT LAW. THESE DAYS BLOCKCHAIN IS A VERY GOOD TOOL FOR RECORDING YOUR TRANSACTIONS AND KEEPING TRACK OF YOUR ASSETS. SHOULD THE INDIAN JUDICIARY ADOPT SUCH BLOCKCHAIN TECHNOLOGY TO KEEP A RECORD OF PROPERTY OWNERSHIP AMONG CITIZENS?
As far as the judiciary is concerned, It hardly matters. For the revenue department, they are doing a lot of things digitally. If you apply it to the judiciary, I think it will avoid manipulation and it will save the time. It will help in the correctness and authenticity of the record. But it needs to be considered that it is safe and privacy is not lost.
We are flooded with legal matters. There is a lot of backlog of cases. AI may help you, individually, but not as a substitute. It can assist you or the judiciary. AI can never be the substitute of the judiciary. AI can never be the substitute of the judgments.
AI may help you or assist you in some procedure work and other works also. But so far as the judgments to be delivered or judgments in question are concerned, I have my own doubts whether AI will help you in delivering the judgment. There are many things in which the discretion is to be used. E.g. in the matters of criminal justice, whether, life sentence is to be given, death sentence is to be given, ten years punishment should be sentenced or five years sentence should be given, requires the discretion of the judge. Then the application of mind is required.
It can give you suggestions, but ultimate decision is to be taken by the judges. So, if you are having some evidence and the gist of what a witness said, then you can use AI to deliver the statement. So it can be used as an assistant, as a law clerk or as an intern. It can help you to some extent. Say, the age of the one who died in an accident was 54 years and that person has dependents, then AI can help you with the details. But if you want to calculate the negligence, the decision will have to be taken by the judge.
THE SMART CITIES PROJECT UNDERWAY IN MANY CITIES OF INDIA USES THE IOT TO REVAMP THE INDIAN INFRASTRUCTURE. HOW DO YOU THINK SUCH TECHNOLOGY MAY BE ADOPTED TO PROTECT CITIZENS FROM A SIGNIFICANT THREAT TO THE PERSONAL DATA AND PRIVACY?
You know very well that it is a physical object. It will be the sensors and software that will enable them to interact, along with human intervention. So human intervention will be less. AI will be used more and the supply of data is related to IOT. It will certainly be helpful in the infrastructure projects, in traffic signals and other projects . But the only thing which is, again, required to be considered is, sharing of data. Your Right to Privacy. You do not know how your data will be used. You do not know whether it will be misused or whether that data will be sold in the market.
Do you think you are safe while using these smartphones? Not at all. Is your Right to Privacy sealed? No. Your smartphones listens to you, watches you and it has a sense. I will give you one example. When you think about purchasing something or ask a query or look for some information, suddenly you will see notifications and messages. How does that happen? They know you. They read you. They watch you. If this is the position of smartphone, then you can imagine what will happen to the applicability of IOT or even AI. You do not know, by use of AI whether, as to who is speaking. Some other person is speaking in your voice. You believe that you are talking with Justice M. R. Shah, but in fact, it is not me. So, there are plus points and minus points also. But we have to consider as to how to best use of it rather than thinking of the negative. You can avoid the harm which may happen.
IF WE TALK ABOUT CERTAIN ASPECTS OF THE CHANGING ENVIRONMENT LAW, WE HAVE THE INDIAN MOTOR VEHICLE LEGISLATION IN ITS PRESENT FORM. BUT IT DOES NOT SEEM TO BE PREPARED TO INCORPORATE THE CURRENT EV TRANSFORMATION IN VEHICLES. IN YOUR VIEW, WHAT MAJOR LEGISLATION SHOULD BE INCORPORATED OR CREATED ON A PRIORITY BASIS BY THE LEGISLATURE?
So far as the, use of EV is concerned, there must be firm commitment. People will have to accept the change and the transformation for which some incentives are required to be given, say a deduction of 10% or 5%. So far as the, EMI is concerned or the vehicle load is concerned, priority will be given to those who purchase EVs.
Everything needs to be considered. For the E-vehicles, you see, you can even charge it at your residence. You can charge it anywhere now. In the earlier days, up till a few years ago, you were required to go to the charging station/system for the purpose of charging. Now you can take it to your residence.
So certainly, some incentives are to be given by the legislation itself. But ultimately, it is for the parliament and the legislature to consider the changes to protect the environment. So, it’s a good thing, even if 10% or 20%, people start transforming and using the incentives.
IN RECENT TIMES, THERE HAVE BEEN VARIOUS WILDFIRE INSTANCES WORLDWIDE, SUCH AS THE AMAZON FIRE, THE CANADIAN FIRE IN AUSTRALIA, AND QUITE RECENTLY IN THE US, WHICH LED TO MASS DESTRUCTION OF LIVELIHOOD, NATURAL ECOSYSTEMS, AND LIVES OF BOTH HUMANS AND ANIMALS ALIKE. WHAT DO YOU THINK CAN BE THE PRIMARY REASON FOR SUCH CALAMITIES AND CAN OUR INDIAN LEGAL FRAMEWORK OFFER AN APPROPRIATE LEGAL REMEDY TO THE VICTIMS AND LEGAL ACCOUNTABILITY FOR THOSE LIABLE IF SUCH A SITUATION WERE TO ARISE IN INDIA?
Many times, a wildlife fire takes place due to man-made mistakes. Many a times, it is also because of nature calamity. Some people have started encroaching the forest. Ultimately, we have to consider the future of our wildlife
which is very difficult to protect nowadays. Just at the border of protected forest areas, there are five-star hotels and resorts with gates opening the in the, forest reserve. How do you protect the wildlife? And where will the animals go? That is why, you see in Gujarat that the lions are moving out on the road in the villages. Who is responsible? We are responsible because we have encroached upon their property. That is why they are coming out. So, while giving environmental clearance, all these things are required to be considered.
WHAT MORE CAN THE INDIAN LEGISLATURE DO TO SOLVE THIS PROBLEM AND INCREASE THE AMOUNT OF LEGAL ACCOUNTABILITY?
The legislatures are there. But the difficulty is implementing them. Who is to implement? If there is no proper implementation, the legislation will remain on paper. These loopholes are there. You have to plug the loopholes. Many a times, the government brings a legislation that is good on paper. Look at the pollution levels. Pollution control boards are there. But still, the effluents are going into the river and the sea. So, legislatures are there, but the question is how to implement it.
And therefore, as a student, it is your duty also to see that whenever a law is broken, you have to take up the matter. File a PIL and approach the government. You can do it as a law student; as a lawyer. You should not wait for others to do it. If everybody thinks let others do it, then nothing is going to happen in this country or in this world.
YES. WE CERTAINLY AGREE WITH YOU. SIR, WE SEE THAT THE CURRENT LEGAL FRAMEWORK HAS CSR OR CESS OR MAYBE ESD REGULATIONS FOR BUSINESSES, IN YOUR OPINION, IF WE IMPOSE AGREEN TAX OR A TECH TAX ON CORPORATIONS THAT ARE POSING THREAT TO THE ENVIRONMENT, WILL IT BE AN APPROPRIATE STEP BY THE GOVERNMENT IN THE FUTURE IF WE DO SO?
100 %! To protect our environment, CSR and green tax must be imposed. But green tax cannot be a substitute of environment. Some corporation says that, they want to construct flats. The they also have to grow 10 – 15 trees. But at the same time there was a circular which stated a fine of Rs. 1500 per tree in case one doesn’t do it. Rs. 1500 rupees cannot be the substitute; you need to see to it that 15 trees grown. Otherwise, everyone will give Rs. 1500 and get away from it.
Green tax is always welcome, but at the same time, growing trees must be compulsory. It was there in the Town Planning Act and the development plan. But gradually, it all goes away. Earlier, there was land available for the cattle as well, but buildings are constructed in that place. So, we do have Acts the Supreme Court and High Court. We know that no permission for construction in the lakes are given. Still, we have seen construction happening. So, Green Tax cannot be the substitute. In the rarest of rare case, it is applicable. Green tax can be there provided the government or the NGOs and government help the NGOs in tree plantation. Tree plantation is not a one time thing. Nobody looks after them. We have seen the loss of Rs. 2-4 lakhs. But we don’t do anything.
RECENTLY, THE UNION CARBIDE GARBAGE WAS PICKED UP AFTER BEING AT THE DISASTER SITE FOR ALMOST 40 YEARS. DO YOU THINK THE LIABILITY OF THE INDUSTRY AND THE COMPENSATION THAT IT PAID IN EXCHANGE FOR THE DAMAGE IS JUSTIFIED? HOW CAN SUCH CORPORATIONS be MADE LIABLE?
The Union Carbide Case is a unique case in the sense of delay in legislation and the delayed delivery system. Even today, it is being said that many of the victims have not received the compensation or adequate compensation. The number of years it took to remove the garbage which was very disastrous, is itself is very dangerous to the earth It ought to have been removed with the permission of the court at the earliest so that further damage to the earth could have been stopped. It could have been avoided. Further the damage could have been avoided. To keep this substance and garbage for forty to fifty years is in itself a damage which cannot be compensated even by exorbitant fine or penalty. The damage which is already done, cannot be undone.
