Justice must be tempered with mercy, can't be substituted by it: Justice Ashok Bhushan

Justice must be tempered with mercy but cannot be substituted by it, Justice Ashok Bhushan said here on Friday.

In a farewell function organised by SC Bar Association, the outgoing judge said he was proud to be part of the court which upheld democracy and rule of law. Justice Bhushan is set to retire on July 4.

"I have been true to my oath and discharged my duty without fear and favour. Protection and enforcement of constitutional rights is both power and duty of the court. Justice must be tempered with mercy but justice cannot be substituted by mercy," Justice Bhushan said.

Speaking in the virtual programme from his home at Prayagraj, Justice Bhushan said he always endeavoured to enhance reputation the top court. "No man could have asked for more. I thank the members of the Bar for always being kind and respectful inside and outside the court. The relationship I had with the Bar was not that of judge and advocate but an easy one," he said.

In his address, Chief Justice of India N V Ramana cited a very famous German saying: "Man's feelings are always the purest at the time of meeting and bidding farewell".

Justice Bhushan, apart from being a great judge, also has the distinction of being a fine gentleman, CJI said, adding that he was respected equally by both the Bar and the Bench, for the humility with which he conducted himself.

"Deciding cases is not an easy task, we not only have to focus on the law and precedents surrounding the issue before us, as well as the facts of the case, but also the repercussions of what we decide and the precedent we may be setting. This makes it necessary for us judges to be logical and objective and theoretically sound. However, we should not lose sight of the people and their difficulties behind the cases. The little discretion that is given to us, is the area in which a judge has flexibility to display his philosophy," CJI said.

Justice Bhushan, with his remarkable judgements, has not only left an indelible mark in the history of the Indian Judiciary, but by virtue of being a "humanist judge" has also left a mark in the minds and hearts of the people of India, he added.

Attorney General K K Venugopal said one doesn't have to look far and wide to find Justice Bhushan's good qualities.

He said Justice Bhushan took suo motu cognizance of the migrant workers issue directing for distribution of food grains.

"I remember long lines of children walking, with mothers carrying their children, they were migrants and tears would come to one's eye. Justice Bhushan and Supreme Court came to the rescue regarding the distribution of dry ration and run community kitchens," the A-G said.

Ayodhya, Aadhaar case, permitting passive euthanasia, are among Justice Bhushan's best judgments, said Venugopal. His recent judgment about granting ex-gratia compensation to families affected due to Covid-19 will help so many people, we are loosing an excellent judge and we feel sad about it, he added.

Senior Advocate Vikas Singh and President SCBA, said today is an emotional moment since we are not only losing a great judge but also a great human being.

Singh said Justice Bhushan was part of the Aadhaar and Martha reservation judgements. He increased the number of attempts that a physically handicapped candidate can take at UPSC exams, which again showed his empathy. Justice Bhushan had deep interest in poetry and religious literature, he added.