Justice SJ Kathawalla: ‘A Lawyer, A Judge, And A Gentleman’

Justice Sharukh J Kathawalla recently retired as a judge of the Bombay High Court. His retirement has proved a loss not merely to the judiciary and the Bar but is one that would leave a gaping void for the common litigant.

After a successful career at the Bar, he was elevated to the Bench at the Bombay High Court. His tenure as a judge was marked with his unwavering dedication to work which in his own words he considered a pilgrimage. Dispensing justice in the true sense of the word was his passion and is borne out in the numerous judgments he authored which impacted the lives of the common man. In his own words, on the eve of his retirement, he commented “We will be remembered for our dynamic work ethic, our uncompromising quest for righteousness and aptitude for empathy”.

‘Unquestionable Integrity And Impartiality’

His passionate work ethic, unwavering dedication in the pursuit of justice, and his keen desire to make the court not merely a court of law but a temple of justice, made him a role model to admire if not emulate, both to the Bar and the Bench.

He was immensely popular with lawyers, both senior and junior advocates, and never let the personality of the counsel appearing before him, influence his decisions or alter his commitment to the cause of justice and the side of the right. This also made him the bane of many a litigant, who had a dishonest case to canvass or an illegitimate defense to advance.

An apparent workaholic, he often worked well after court hours in order to do justice to the harassed litigant.

In his own words, he was keen on inspiring the young in the profession in their chosen paths be it at the Bar or their onward journey to the Bench. To this end, he always encouraged interns and had an almost open-door policy for them. The very large number of interns that worked in his court were universally vocal in their admiration and appreciation of the opportunity.

His work ethic was in full display when in a record of sorts, he presided over his court till 3 a.m, without a break only with a view to completing the work assignment of the day and to fulfill the aspirations of the common litigant who otherwise had to endure the agony of adjournments. Whilst this did not necessarily endear him to certain segments of the Bar, it nevertheless led to a huge cheer from the corner of the litigants whose cause was espoused.

He was always encouraging to junior members of the Bar, who invariably felt that they would receive a fair hearing irrespective of the seniority of their opponent. His honesty, integrity, and impartiality were unquestionable.

An alumnus of the Wilson College and the Govt. Law college, he had a successful career at the Bar, before being appointed as an additional judge of the Bombay High Court on July 18, 2008, and was thereafter confirmed as a permanent judge of the High Court on July 15, 2011.

His retirement has left a void, but hopefully, his “pilgrimage” will continue to inspire numerous others to emulate him and ascend to the Bench to further his crusade for justice to all.

He will be remembered and he will be missed. A lawyer, a judge, and a gentleman.

Tushad Cooper is a Senior Advocate, appearing before several High Courts and the Supreme Court of India.

The views expressed here are those of the author, and do not necessarily represent the views of BloombergQuint or its editorial team.