Some judges are pro-govt, others anti-govt; both approaches not wrong: Chief Justice DN Patel bids farewell to Delhi High Court

Different judges have different philosophies while deciding cases and all such approaches contribute towards development of law, outgoing Delhi High Court Chief Justice DN Patel said on Friday..Some judges are pro-labour, others are pro-employers, some are pro-government while some are anti-government, he said."None of these approaches are wrong because the judgments rendered through each of these approaches leads to development of law," he opined.Justice Patel was speaking at the full court reference organised by the Delhi High Court on the occasion of his farewell..Justice Patel also said that judiciary has a role to play whenever there is a gap between justice and law but there should always be a balance between judicial activism and judicial restraint..He said that the judiciary is a unique institution in a republic which has been bestowed with unique powers and responsibilities and with the task to render justice by its orders and putting an end to disputes.“There is always a gap between justice and law. If there is any gap, that has to be filled by the judiciary. It is judicial activism, it is inevitable. But it is a matter of exception. We are not here to make the law nor to evolve a policy brand new, we are the interpreters of the law. But as an exception, whenever there is a gap between law and justice, there is the place for judicial activism. One has to maintain a balance between activism and restraint,” he said..On Covid-19 pandemic and its effect on the functioning of courts, Justice Patel said that use of technology ensured that justice was delivered even in these tough times.“Our tryst with Covid has only confirmed that life can be very unpalatable. No matter our background or identity, there is hardly any say we have over it. No matter how much we plan, unpredictability in life is a reality,” he said..Born on March 13, 1960, Justice Patel enrolled as an advocate in 1984 and practiced before the Gujarat High Court.He was appointed as Additional Central Government Standing Counsel by the Union of India in the year 1999 and as Senior Central Government Standing Counsel by Central Government for High Court of Gujarat in July, 2001.He was elevated as an Additional Judge of the High Court of Gujarat on March 7, 2004 and took oath as permanent Judge of High Court of Gujarat on January 25, 2006.On transfer, he took oath as Judge of the High Court of Jharkhand, Ranchi on February 3, 2009. He also served as its acting Chief Justice before being appointed Chief Justice of Delhi High Court on June 7, 2019..After his retirement, he will now serve as the chairperson of the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) for a period of four years..During this tenure at the Delhi High Court, Justice Patel presided over and pronounced judgments in several important matters including the challenge to the appointment of Rakesh Asthana as the Commissioner of Delhi Police.While dismissing that petition, CJ Patel and Justice Jyoti Singh had held that the Supreme Court’s guidelines in the Prakash Singh case do not apply on appointment of police commissioners.Recently, while dismissing the petition filed by former West Bengal chief secretary Alapan Bandyopadhyay, Chief Justice Patel held that power given to the chairman of the Central Administrative Tribunal (CAT) under Section 25 of the Administrative Tribunals Act is akin to the powers of the master of roster.In January, while dealing with the challenge by the petroleum dealers’ association to the Marketing Discipline Guidelines, 2012 issued by the Oil Marketing Companies, a bench headed by the Chief Justice had held that the State can impose reasonable restrictions on freedom of contract and trade.