The Modern Day Judge : A Profile

The Modern Day Judge : G.S. Sistani 

There have been many Hon'ble Judges.

Z. Payvand Ahdout writes for Harvard Law Review that "Judges have used their positions to force transparency and public accountability onto the executive branch."  

Former Hon'ble Judge G.S. Sistani of Hon'ble Delhi High Court in India has been outstanding in his writing.  I may briefly write on some of the decisions that he authored and will present how they come to shape developments of law.

1. [2016] GCtR 2513 (Delhi) : This sets down the principles of fairness in administrative matters. While dealing with the matter, the role of State was explained and pointed out how State need to act in a just fashion.

2. [2016] GCtR 2514 (Delhi) : This was a civil suit related issue. The interlocutory injunctions and its parameters were neatly outlined and brilliantly exposited. The reasoning sets out an almost indispensable reading for anyone who wishes to understand Code of Civil Procedure, 1908. 

3. [2016] GCtR 2515 (Delhi) : It was a tightly fought contest. Judge had to balance things and with his erudition, it was done. When a decision was cited here by the party, it was very rightly pointed out that the said decision does not covers the issue fully. Neatly bringing forth the differences in set of facts, it was made clear that nothing can escape the eyes of Hon'ble Judge. Deftly, it explains important concepts of Constitution of India with two landmark Judgments of Hon'ble Supreme Court. 

4. [2016] GCtR 2516 (Delhi) : This one was a  wisely adopted approach in litigations initiated by government employees. While the order under challenge was not interfered with and in fact, the Order under challenge was even approved on certain terms, the aspect which was ignored in the Order under challenge could not escape the experienced eyes of the adjudicator. The calibrated approach in seeing what was just and what had the probability of being unjust is remarkably great approach. 

5. [2016] GCtR 2517 (Delhi) : This brings out another stellar aspect of his understanding of administrative law. How politicians sometime take wrong decisions which do not stand scrutiny of law got proved here. The order under challenge was carefully weighed. The application of the Judgment of Hon'ble Supreme Court was noted and the casual way of handling the case was also pointed out. This approach seems to be a blessing in disguise for the party which lost ; for it gained in terms of knowing how erroneously they handled their case. Justice, as it came, is not all about punishments. 

Through proactive approach, Former Hon'ble Judge Shri G.S. Sistani has certainly added many dimensions to transparency and had made justice non elusive and realistic.

Written by

Vishal

Delhi

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