“Always wanted to be like Justice YK Sabharwal”, CJI Ranjan Gogoi

Chief Justice of India Ranjan Gogoi earlier this week unveiled the book titled ‘Beyond the Name: Justice YK Sabharwal, A Fulfilling Journey’ in honour of former Chief Justice of India YK Sabharwal..Also present at the launch was Justice AK Sikri of the Supreme Court. Both Sikri J and CJI Gogoi reminisced their fond memories of Sabharwal J, with CJI Gogoi revealing that he always wanted to be like Justice Sabharwal..“I’m truly honoured today. Secretly, I have been a great fan (of Justice Sabharwal) and let me tell you why. He is just the kind of lawyer I wanted to be – sharp and precise… Make an argument to which there is no reply. A judge with the flow and the flair of language, the precision and clarity of thought”, CJI Gogoi said..Recounting the judgment in the IR Coelho’s case, CJI Gogoi said that Justice Sabharwal is remembered in the Supreme Court everyday for the reiteration of the Basic Structure principle and also praised Justice Sabharwal’s “push to environmental jurisprudence” in the TN Godavarman case..CJI Gogoi made a special mention of Justice Sabharwal’s role in the journey of decriminalization of Section 377, stating that Justice Sabharwal differentiated between “academic questions” and issues of infringement of fundamental rights. CJI Gogoi recounted that when the Delhi High Court had refused to hear the plea in the Naz Foundation case averring that it was an academic question, it was Justice Sabharwal who insisted that the case be heard on merits..“Justice Sabharwal requested the (Delhi) High Court to hear the case on merits by highlighting that questions of infringement of fundamental rights cannot be academic questions. This petition took a long journey, which ultimately resulted in reading down Section 377 of IPC by the Supreme Court very recently.”.Justice Sabharwal’s works cannot be encapsulated in a brief speech, CJI Gogoi said, adding that the former CJI’s judgments are an indicator of his “fearless attitude” in questions of “upholding the rule of law, constitutional visions, independence of the Judiciary, and the supremacy of the Constitution.”.Justice Sikri also remembered Justice Sabharwal fondly and spoke of the long association the two shared. He said that not only was Justice Sabharwal was perfect in every role of his life, but was also a “friend of friends”..Senior Counsel and Former Attorney General Mukul Rohatgi, who began his career in Justice Sabharwal’s chamber, also shared his experience of working with the former CJI, remembering him as a tough taskmaster but a great human being..The book release was attended by Chief Justice of the Jammu and Kashmir High Court Gita Mittal, the Supreme Court’s Justice Sanjay Kishan Kaul, as well as various members of the Bar.