A Survey of Judgments Authored by Hon'ble J. (Retd) G.S. Sistani

Hon'ble J.(Retd) Sistani : Short Survey of His Judgments

Written by 

Vishal 

Guwahati

I haven't met Hon'ble J. [Retd] G.S. Sistani. He was an Hon'ble Judge at Delhi High Court. Delhi High Court itself had a name and fame with a vast collection of superb judgments which can ably satisfy the academic thirst of anyone interested in understanding law. 

It is an attempt to look at what Hon'ble J. Sistani wrote as a Judge of Hon'ble Delhi High Court. His writings are remarkably clear and exhorts one to think about legal issues from a novel way. His erudition, the judgments show, is grand. 

The Brigadier's Case : In one of his Judgment [citation : [2018] GCtR 760 (Delhi)] where a husband had filed the application, he had condoned the delay of 107 days and had modified the order of the Ld. Court in a dispute between husband and wife. 

Explaining the Law of Limitation : In another Judgment [citation : [2018] GCtR 761 (Delhi)], there was a delay of more than 2000 days. Hon'ble J. Sistani found "no ground to allow the present applications" and had noted what was held by Hon'ble Supreme Court that "the law of limitation is a substantive law and has definite consequences on the right and obligation of a party to arise" and further found it apt to quote what was held by Hon'ble Supreme Court that "the government departments are under a special obligation to ensure that they perform their duties with diligence and commitment."

Issuing Direction to Conciliation Officer : In another interesting case [citation : [2018] GCtR 762 (Delhi)], Hon'ble J. Sistani found "force in the submission" of one of the parties" where the issue was somewhat related to a petition between a union of its employees and the company where the employer company wanted the union to be restrained. Hon'ble J. Sistani had "modified the distance" fixed earlier and directed the "Conciliation Officer to issue notice to" the Union. 

Transferring the Case to AFT : There was another case where a petition under A.226 of Indian Constitution was filed [citation :  [2018] GCtR 763 (Delhi). The issue in that case was related to Armed Forces. Counsel "raised preliminary objection" there. Hon'ble J. Sistani took help from the leading Judgment of Hon'ble Supreme Court on the point and directed that the case "may be transferred to" Armed Forces Tribunal.

Modifying the Punishment : There was this case [citation :  [2018] GCtR 764 (Delhi)] of a medical practitioner in which Hon'ble J. Sistani gave its brilliant judgment. A senior counsel appeared before Hon'ble Delhi High Court. The senior Advocate tried to argue on the basis of a Judgment of Hon'ble Bombay High Court. Hon'ble J. Sistani very clearly followed the Judgment of Hon'ble Bombay High Court to reach his conclusion. However, the punishment in facts of this case was "modified" by Hon'ble J. Sistani. 

Granting The Compensation : In another case [citation : [2018] GCtR 765 (Delhi)] where the brilliance of Hon'ble J. Sistani and his erudition in constitutional issues comes clearer, the petition under A.226 was filed where allegedly "compensation was not paid" to the party for which party had approached Hon'ble High Court. Hon'ble J. Sistani chose to examine the "counter affidavit" filed in this case. Very clearly he found that the compliance of the Act in question was there. Hon'ble J. Sistani, true to justice, ordered for "payment of compensation".

Conclusion 

A reading of his Judgments would indicate that he is not a follower of the Judge of US Supreme Court Hon'ble J. Alito. His writing is completely different than what J. Scalia employed in his Judgments. This makes him unique with his style of writing judgments after hearing out parties at desired length and making it a point to be able to deliver justice to those who had come to his Court. His tenure was eventful and the judgments he authored remain a delight to read and a matter to be thought over for academic and practical understanding of law. 

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