Paying tribute to a mentor like Justice Rajiv Shakdher feels overwhelming - not because words fall short, but because there’s too much to say. Where do I begin? Maybe with some lines from his judgments.
“What is at the heart of the matter, as a matter of fact, is the heart itself. When one speaks of heart it brings forth imagery of myriad emotions. Emotions which encompass, often varied passions, of soulful love, abominable deceit, unremitting treachery and revenge. No two individuals deal with matters of heart similarly; often confounded, as to how to deal with it – which is why a famous lyricists expounds on this very peculiar quandary thus: DIL-E-NADAN TUJHE HUA KYA HAI AKHIR ESS DARD KE DAWA KYA HAI. (Here heart is personified. It is asked of it what ails it? What is the remedy for the malady).”
- Justice Shakdher in Shanti Bhushan v. CIT
“The petitioners before me are young persons who were aged between 19 years to 22 years when they first approached the court. At birth, they were abandoned and forsaken. They were children of "lesser God". Their fate, or call it a chance, allowed them to be housed in a safe and secure environment.”
- Justice Shakdher in Deepak and Anr. vs. CBSE and Ors.
Serendipity at its best
My journey with Justice Shakdher started by chance. In June 2018, I had secured an internship at a law firm in New Delhi. At the same time, two students from my university were shortlisted to intern under Shakdher J. One of them couldn’t travel, and I filled in, giving up my law firm internship. In hindsight, it turned out to be the best decision of my life.
An internship with him wasn’t just about watching entertaining court proceedings; it was a lesson in law, humanity and humility. One day, he gave us a research assignment about whether stamp duty could be refunded if the stamp papers were lost. There was no statutory guidance, no precedents. After much struggle, I found a judgment of the Lahore High Court. Nervously, I presented it to him. Not only did he appreciate the effort, but he also cited the same, in his own judgment. His words in Poornima Advani v. State (NCT of Delhi) still echo in my mind:
“24. Interestingly, our neighbouring country i.e. Pakistan, which has a somewhat similar Statute, dealing with the levy collection and refund of stamp duty, is beset with difficulties which are akin those faced by applicant(s), in our country, seeking refund of stamp duty on account of loss of stamp paper. This aspect, I came across upon a judgment dated 23.02.2016, delivered by the Lahore High Court, in Writ Petition No. 27935 of 2012, titled: Aziz Ullah Khan v. Government of the Punjab, being brought to my notice.”
That moment taught me what it means to nurture young talent: you lift them up, not just correct them.
My internship concluded and I wanted to join his chambers as a law clerk. I was writing my last law school exam on May 28, 2019. I came out of the examination hall and saw two missed calls from a Delhi landline. When I called back, Justice Shakdher asked me when I could join.
By then, I had booked my flight to my hometown to spend a few days with family and give myself some rest. After all, I had suffered five years of law school.
I said, "whenever you ask me, Judge". He said - and I still remember those words - “See you tomorrow, then, Karan!”
I flew to my hometown in the evening and then travelled back to Delhi the next morning. The smile with which he greeted me the next day, has, and will always have, a special place in my heart. I served him for over two-and-a-half years. As to the quality of my assistance I rendered to him, it is for him to say.
The true definition of resilience
Late 2019 was a troublesome time for him, personally. I saw pain in his eyes. Despite all that pain, he continued to deliver justice, every day, with unparalleled spirit and determination. He dictated judgments and signed orders from the hospital. The hospital turned into chambers for a while. He would hold court till the evening, rush to the hospital to fulfill his other responsibilities, and then, get back to judgments and perusing court files for the next day. He showed what it truly takes to be a Judge. He stood firm on what he has remarked recently:
“A judge is a foot soldier in the legal system; you march when told to.”
A judge with a heart
It wasn’t just his legal acumen or sharp writing that set him apart. It was his ability to see the humanity behind the cases. I remember watching him dispose of contentious family partition suits within a handful of hearings - not by legal maneuvering, but by speaking directly to the parties, helping them see beyond their disputes. Advocates respected his approach, and litigants left satisfied. The result? Suit is disposed.
His compassion was equally evident in education-related cases. He had the roster concerning education matters for some time at the Delhi High Court. The matters concerned admission of students to various universities. His approach, in almost every case, during that time was “This can’t wait, Karan. It’s a kid’s life on the line. We need to get release this today.” He used to hold court till 8 PM, every day. At 08:30 PM, he used to come back to work. Daily orders (all orders in admission matters are urgent), reserved judgments, and other ancillary things.
He was clear in these matters that a deserving candidate should not be denied relief for no fault of theirs. After all, he was the judge who fearlessly struck down the Supreme Court’s policy for engagement of law clerks as unconstitutional in Phaguni Nilesh Lal v. Supreme Court of India. I recommend every student of Constitution Law to give this judgment a read.
Anyone and everyone at the Delhi High Court will proudly comment on the work he has done for the Court on the administrative side. Thanks to his efforts, the Court is now the fastest High Court in the country in terms of listing of matters and coordination with the Registry, all made possible by the IT infrastructure he helped redefine. Despite the challenging times of COVID-19, Shakdher J. held the fort strong.
It would be unfair on my part if I do not pay gratitude to Sir’s equal half. Ma’am took care of us law clerks as a mother would. She made us feel at home, always. Our weekdays and weekends used to be so tiring. The misconception that judges enjoy their lives over the weekend and during the court holidays is untrue.
One memory stands out. Over the weekends and court holidays, we used to work from Sir’s house. Sir either doesn’t eat anything at all or eats “Sattvik” food. During my early days as a law clerk, Sir offered us lunch. The other law clerk and I would accept the offer, hesitantly. We had seen what Sir used to eat. Banana, foxnut, and boiled food, that’s it! My law clerk friend would whisper in my ears, “Bhai, boiled lauki aur boiled rajma thodi khaayenge? (do you really want to eat boiled bottle gourd and kidney beans?)” I said, let’s see. What we had guessed came true. “Sattvik” food was served. Sensing our hesitance, “Tum log khaa kyun nahi rahe? (why aren't you eating)”, remarked Shakdher J. What we couldn’t tell him, Ma’am understood very clearly. She made piping hot paranthas for us. We relished them, chatted, smiled, and got back to work. We experienced such care, warmth and affection from Ma’am.
Now that I look back, two-and-a-half years passed under Justice Shakdher tutelage so quickly. I went abroad for my Master's thereafter, and it was all because of his blessings. Although, he was of the opinion that my Master's was just a ploy to run away from him!
When Shakdher J. was heading for Shimla, I had written something for him, with the assistance of a friend. Two lines from that piece read thus:
“No husband’s claim to a marital shield;
Could stand against the justice you wield;
You proclaimed the truth with a voice so clear;
That echoed through the halls, for all to hear.”
People say Shakdher J. has joined a club of India’s finest judges who never made it to the Supreme Court. I believe his journey is far from over. The other side of the Supreme Court awaits him, and it will be big. For me, and for countless others, whose lives he has shaped, his influence will endure. He taught us what it takes to uphold justice, how to lead with humility, and that the pursuit of justice never stops, not even for one day. When someone asks me the kind of person I want to be, my response is simple and straightforward: I dream to be as compassionate and as righteous as Sir.
For all that I am, and all that I will be, I owe it to you, judge. Thank you for everything.
Karan Khetani is a practicing advocate before the courts in New Delhi.