Judge Kurian Joseph Retires: "The Silence of Lawyers Means More Harm to Society than the Violence of Lawless Men"

A few minutes after his return from the Supreme Court as a judge, Judge Kurian Joseph left his antipathy one last time "Neutrality, silence and indifference". "The silence of the lawmen does more harm to society than the violence of lawless men," he told The Indian Express. A defender of pbadion in the audience room and mixing it with a "correct" approach, he said, "I can keep my head up and tell the world that I have done my best.

Judge Joseph, who retired on Thursday. , started as a lawyer in the Kerala High Court, and four years after being appointed lead counsel in 1996, he joined the judiciary in 2000. He held two Acting Chief Justice positions before to go to the High Court of Himachal Pradesh as Chief Justice. He was raised in the Supreme Court five and a half years ago.

Originally from Thannipuzha, Kalady, Erankulam and a member of a Roman Catholic family, Judge Joseph's father was an employee of HC Kerala. He is known for leading a disciplined life: "your discipline decides your destiny". He was briefly a seminarian before beginning to practice. Even as a judge, we remember him. In the middle of the night, he helped to prepare the equipment for flood victims this year, along with the youngest member of the Supreme Court Bar: "Ker Kerala, Tamil Nadu, Assam or HP, if I see someone in distress I think it's my job to help him.

that each case he dealt with fully committed him and allowed him to represent "the underprivileged, the poor and needy ". His central idea was to go beyond the law and ensure "justice beyond the law". He said that he particularly enjoyed attending the hearing before the National Commission of Judicial Responsibility, that of the triple talaq and one in which he had pronounced on major changes in the functioning of "cooperative institutions".

Judge Joseph never identified his point of view since March 8, 2013, and delivered a sentence throughout his tenure at the Supreme Court. But his last judgment, which he had written a day before his retirement, concerned the need to ensure that the death penalty was not delivered in a cavalier manner. He wrote: "All death penalty cases brought before a court relate to a human life enjoying certain constitutional protections. If life is to be withdrawn, the process must then respect the highest and highest constitutional standards … "

never been on a bench that attributed death? "Never." In the Yakub Memon case, where there was a midnight hearing, he was part of the court "which had to consider whether the case should be re – examined or not. midnight hearing, but I was part of the reason for this hearing because I said that this person had to get justice.Because his case must be heard and his points addressed.I was grieved that. a world-renowned Supreme Court for its Article 21 (right to life, dignity in life) even for non-citizens, should such a court devote time, extra time at the end of a life? "The right of review must be there. That's what made me suffer."

A landmark event in the judicial history of India was the press conference of four of its highest Judges in January of this year. "I made the right choice, it was the need of the hour and my duty. x who do not know the background, it was not an explosion of emotion, but we had done everything to make ourselves heard and we did it only when the others options had been exhausted, "he said.

conference act as a miracle solution? "Not 100%, but it sent a message and things have changed a lot, not only in the Supreme Court, but also in the high courts and other courts.

Joseph recalled that there was "no controversy about the 'Master of the Roster' and the Chief Justice, this is the case in all courts. But this is not his individual choice. It should be guided by systems and practices. "He revealed that in discussions with former Chief Justice Dipak Misra, it had been suggested that" there would be a committee of future Chief Justices, not for direct badignments, but to guide the and ensure that uninformed decisions are not made. "But that was" not acceptable "for Judge Misra, he said.

As Judge Joseph leaned over to" start a new chapter, "he declared that he was time the Supreme Court not to arrogate itself the role of sole arbiter of constitutional morality. "The legislators also know what is the public good and the public interest.The diversity that they do not lie in the courts, the courts should not think that we can interpret the Constitution, sometimes we should give in to the legislators. "

Judge Joseph stated," A secretariat for the selection and appointment of Supreme Court and high court judges, as well as systems and streamlining methods that can ensure continuity and change as frequently, when the chief justice arrives, he has his team, then everything changes when his successor arrives. This needs to be reformed. "[1 9659004] After having left his mark, especially the family cases, the children are involved, Judge Joseph, after his retirement, will stay in Delhi and has the pbadion to help the arbitration to evolve – see the Arbitration both "mediated arbitration" and "conciliated mediation", which can help reduce litigation in the courts. 19659004] On the question of relations between the executive and the judiciary, he said: "It is the people who end up making the law and the constitution. Governments implement it and if there is "good governance", why are courts needed? If the quality of the legislation is good, the courts are also needed. "

But for the moment, he added with a smile:" It is not healthy nor desirable to have more interactions between the two (executive and judicial power). is now. "