Retirement Speech by Justice P. S Gopinathan
1. May I first express my sincere thanks for pouring me your best wishes and all the kind words of appreciation.
2. After a very log and very enriching association with the Judicial office, spanning over three decades, time has come for me to bid farewell to it. Farewells are profoundly curious events. They fill one with a range of different emotions of nostalgia, of gratitude, of introspection, and so on. I wish to share a few thoughts with you on all these different feeling that I have, and I hope you would very kind indulge me in this regard.
3. Let me take a trip down the memory lane. I hail from very humble origins. I was born in a small thatched house in Uadaymperoor, a village. My father hailed from a family of Ayurvedic Physicians. Unfortunately he lost his father very early in his childhood. And had to face many hardships and difficulties in setting up his life. The tharavadu was sold in a court auction, and consequently, he had to shift to a kudikidappu house under a church. There was no Land Reforms Act at that time. He had to toil hard for survival, and later he acquired some property of his own. He taught me, through his own life, the value of hard work.
4. In spite of many adversities, I finished my school and college education through sheer hard work and determination. I founded my law college studies myself, by running a tutorial college. By the time I graduated with a law degree, I also had a positive bank balance.
5. After graduation, I joined the office of Advocate late Sri P.P Pratham, who practice in the trial courts. I began the profession by drafting lawyer notices, memo of appearance, plains, complaints, appeals, applications to excuse the absence of the accused etc. I started practice by pleading guilty in pretty cases before the Second Class Magistrate. I still remember my initial fees often used to be only R.10/- but I was determined to strive hard and come up in the profession, irrespective of the monetary returns. My hard work determination paid off. Within a year, my practice began on gain traction and soon, with my own earnings at the bar, I regained the old tharavadu property that was lost in court auction. It was one of the proudest moments in my life.
6. It is an interesting story how I got into judicial service. I owe it to my brother Justice Joseph Francis. He was the one who persuaded me to apply for the exam for the post of Munisiff. He was the one who had also purchased the application form for the same.
7. When my senior came to know about my intention to appear in the exam, he lent his wholehearted support and helped me immensely in preparing for the exam. I secured the 6th rank and I joined service on 26.04.1982. My first salary was only R.1435/- which was below what I was earning though practice. But I decided to continue in the judicial service, because I valued public service over money.
8. As part of the subordinate judiciary, I had occasion to deal with all types of matters, both civil and criminal. I served in different districts all over Kerala, in different capacities. Today, I note with much happiness and a sense of fulfilment that my service in the subordinate judiciary was indeed a very rewarding on.
9. From 2006 to 2009, I had opportunity to serve as the Law Secretary to the Government and be a part of the State Executive. It was a very invaluable and enriching experience.
10. I assumed office here in February 2009. My tenure as a Judge of this Court, though brief, was a very enriching one. When I assumed office, in my inaugural speech, I had made a promise to dispense Justice to one and all, without fear or favour, and to always stand true to those great lines of Magna Carta – that I shall not deny, delay or sell justice to anyone. Today, I can say with absolute conviction and clear conscience, that I have always stood by my promise. Every day I came to the Bench with no prejudice and left with no prejudice.
11. Today, I can also assert with justifiable pride that I had been able to deliver my duties with punctuality and promptness. My tenure comprised a total of 870 working says, and I had availed leave only for seven days.
12. Amid all the happy musings, I would also like to share with you a few concerns that I have regarding the present status and future of our institution.
13. One relates to a bitter experience during my service in the subordinate judiciary. I had requested the High Court Registry to resolve a service dispute. All my requests were met with gross apathy. It was very unfortunate that as a subordinate judicial officer, my grievance was not redressed and I was constrained to approach the judicial side. I quote here a line from Charles Dickens’s Novel “Great Expectations” – there is nothing so finely perceived and finely felt, as in justice’. That line is very true. I sincerely hope that such instances do not recur in future to may judicial officer.
14. Another concern relates to the lack of transparency in administration by the Registry. In certain cases, copied of administrative decisions are kept beyond the reach of the affected parties. This goes against the letter and spirit of the Right to Information Act, and is deplorable.
15. Indian Judiciary is now burdened arrears. Our State is not an exception, though it is in a better position, when compared to the other States. The power of appointment to the Subordinate Judiciary is vested with the High Court. But for one reason or the other, we have not been able to make timely appointments. The result is that there are many unfilled vacancies, and some vacancies are sought to be filed using temporary hands. There are even instances where promotions are unduly withheld for want of personal to be appointed in the place of promotes. This severely affects the morale and motivation of the officers in the subordinate judiciary, whose merit remains unacknowledged and unrecognized.
16. The case of unfilled vacancies applied to the High Court as well. Appointments to High Court are also delayed for want of timely recommendations. Before 2007, the strength of the High Court was 29, of which two were additional posts. In 2007 the Supreme Court accorded consent to increase the number of additional posts by nine. This happened during my tenure as Law Secretary. For financial reason, the State Government was not in favor of enhancing the number. The request was twice rejected by the Finance Ministry. There was immense pressure on me from the High Court, to get the sanction accorded. It was only after much persuasion that the Government finally relented and sanctioned nine more posts, through a cabinet decision, taken out of agenda. In spite of all this, we still decision, taken out of agenda. In spite of all this we haven’t been able to fill up the vacancies. The strength of our High court has never gone beyond 33, as against the sanctioned strength of 38. If these vacancies had been filled up in 2007 itself, we would not have had to face any arrears today. The fault falls entirely on us. So many old cases are sidelined, adversely affecting the rights of the parties involved. Our legal system bears the curses of the helpless litigation. Delay in disposal of criminal revisions and appeals would delay the execution of sentences, which is turn would obliterate the deterrent of the sentence. We must introspect and correct this.
17. Article 217 (2) of the Constitution does not discriminate between members of the subordinate judiciary and members of the bar in the appointment of High Court Judges. But without any reason to logic, judicial officers are given only a second preference; and only one third of the posts are allotted to them. Subordinate judicial offers are equally, if not more meritorious and have long years of experience behind them. They deserve to be treated at par with members of the bar in appointment to the High Court. This matter needs to be seriously looked into, and we must correct this anomaly.
18. In my experience at the Bench, I have noticed that there are a few lawyers who come to the court without properly studying their brief and argue their cases without any substance, forgetting the solemn obligation that they have towards the court, the clients and the colleagues, I call upon the members of the Bar, particularly the younger generation, to study their arguments in an impressive manner, so as to enable the courts to deliver justice efficiently.
19. In this regard, one thing that I particularly noted is that lady advocate are faring very well when compared to their male counterparts. This very welcome phenomenon, and I express my hope that on day our profession – both the bar and the bench – would see equal representation from both genders.
20. Now the time has come for me to place on record my gratitude to all those who have supported me in my career.
21. I express my sincere appreciation and gratitude towards the Chief Justice, sister and brother judges, including the former judges, of this Honourable Court.
22. I fondly remember and thank the regard, respect and cooperation that the Chief Minister, Council of Minister, Chief Secretary, Secretaries, Heads of various departments, and private secretaries to the ministers, extended to me during my tenure as the Law Secretary.
23. I am also greatly indebted to all my colleagues in the subordinate judiciary with whom I had the privilege of working.
24. I also acknowledge and thank the registry for extending me wonderful support at all times. The services rendered by the protocol wing headed by Sri Sreekumar along with Sri Ashok and Sri Neelakandan, the public relations officer, Sri Arun as well as librarian Sri Rajmohan, require special mention.
25. I thank all the members of the Bar for their kind corporate, support and respect. I am indeed fortunate that I had no negative or adverse confrontations with the Bar or any occasion.
26. I extend my thanks to the members of the Bar and Head Ministerial officers, including personal staff and other at the various District and MofussilCenter where I had served. The help and support rendered by my parent bar, Ernakulam District Bar Association, particularly the senior members in moulding me deserves special mention.
27. I was fortunate to have a team of efficient and disciplined personal staff. My Private Secretary Smt. Catherine Laly, former private secretaries Smt. Lalitha and Chellamma, Personal Assisttant Smt. Praseethamol, former personal assistant, Court Officer Smt. Joicy, Escort Sri James and peons M/s Shijumon, Rajendraprasad, Rajeev as well as my Personal Security officers M/s Lathesh, Sreejith and Sreekumar who rendered their sincere co-operation, assistance and security during my tenure. I thank my chauffeur Sri Anil Kumar for all the safe journeys he drove me.
28. I am eternally indebted to my late parents and my Guru late Shri. P.P Prathapan for having blessed and guided me throughout my life.
29. Of course, my journey so far would not have become what it is without the unflinching support, love care and affection of my better half Dr. P. R. Geetha, son Jayashankar, and daughter Gayathri. During my tenure there, I was also blessed with an equally loving and caring daughter in law, Dr.Atma. Within a very short period, she endeared herself as more a daughter than a daughter in law. I also thank her parents Advocate Sri. U T Rajan and Smt. P PSusheela who are members of the Kozhikode District Bar.
30. I thank all my relatives, teachers and friends for their full support and corporation, and especially for helping me maintain the decorum and dignity associated with my office.
31. I chose to view farewells not as ending but as beginnings. I view this as the beginning of a new and exciting chapter in my life. I hope to utilize my new found time to render social service, to expand my horizons, to rend new book, to explore new places and experience the wonders of out wold.
32. Once again thanking all of you who have come here, and wishing you all the very best, thank you.
Jai Hind.
