Justice Devendra Kumar Upadhyaya addressed the Delhi High Court in his farewell speech before taking oath as a judge of the Supreme Court of India. He reflected on his 15 years on the Bench and his effort to bind law, justice and compassion together.

Justice Devendra Kumar Upadhyaya, set to take the oath as a judge of the Supreme Court of India at 3:30 pm today, delivered an emotional farewell address at the Delhi High Court. He reflected on his 15-year judicial journey, his approach to judging and the people who shaped his career.

Recalling his early days as an advocate in Lucknow, Justice Upadhyaya said he had begun practising under the guidance of his father and other seniors of the Lucknow Bar. At that stage, he said, the profession appeared as challenging to a young lawyer as it does today.

He recalled spending his early years trying to find his way through the “deep and dark corridors of courts and tribunals in Lucknow and Allahabad”, adding that he could never have imagined reaching a day such as this.

Justice Upadhyaya used his own journey to convey a message to younger members of the profession. "I was fortunate to have met people who held my hand when I needed help and gave a pat on my back when I needed motivation" he said

He said mutual support was the hallmark of a professional journey and cautioned against viewing individual success as an entirely personal achievement.

"We may or may not realize, but throughout our life, we walk on the shoulders of others, and when we achieve something, we must have humility to accept that our success is the outcome of shared effort" he said.

'I Have Always Tried To Bind Law, Justice And Compassion Together'

Reflecting on his 15 years on the Bench, Justice Upadhyaya said he had dealt with cases involving people from different walks of life and sections of society. "As a judge, I have always tried to bind law, justice, and compassion together" he said

He acknowledged that judges sometimes encounter situations where applying the law may not appear to produce a just outcome. In such circumstances, he said, he tried to move the law towards justice for a deserving litigant.

"In such situations, I tried to softly bend the law towards justice for the deserving litigant, and to be able to do so has been a blessing for me" he said.

Justice Upadhyaya, however, declined to assess his own success as a judge. "I cannot tell whether or not I have succeeded in imparting justice. In fact, I should not even try because it would be an act of deciding my own cause” he said.

He said judgeship had nevertheless given him a "great sense of satisfaction", particularly because it provided an opportunity to mitigate the suffering of litigants and fulfil the constitutional promise of justice.

‘My Endeavor Has Been To Be A Good Judge, May Not Be A Great Judge’

Justice Upadhyaya also reflected on the debate over what constitutes a good judge. Recalling former US Supreme Court Justice Potter Stewart, he said a good judicial decision should not reveal whether it was authored by a man or woman, liberal or conservative, or someone of a particular religion.

The essence, he said, was simply that "you just know you are reading a good decision". Justice Upadhyaya then offered a candid assessment of his own judicial philosophy: "My endeavor has been to be a good judge, may not be a great judge."

‘Chief Justice Is Only The First Amongst Equals’

Justice Upadhyaya also spoke about his experience of working with fellow judges. He said that while he believed the Chief Justice was “only the first amongst equals”, he had endeavored to practice that principle throughout his tenure.

He recalled serving the people of Uttar Pradesh after joining the Bench, before moving to the Bombay High Court and subsequently to the Delhi High Court.

Describing the Delhi High Court, he said that although the court exercised jurisdiction over a smaller geographical territory than Uttar Pradesh and Maharashtra, its functioning was by no means easier.

"Because the sheer complexity and gravity of causes that this court deals with are unparalleled" he said.

He said the lessons learnt during his time at the Delhi High Court would remain with him as he dealt with matters of national importance at the Supreme Court.

Praise For Delhi High Court Bar

Justice Upadhyaya also praised the Delhi High Court Bar, recalling the institution's role in the development of a "stellar and intellectually rich bar" after the Supreme Court was established in Delhi.

He described the Delhi Bar as diverse and unique, saying it had been at the forefront of dealing with legal, judicial, political and social issues. "The pursuit of justice is the shared goal of bar and the bench, and collective effort makes this pursuit worthwhile" he said.

He also described Delhi High Court as an "Indian thali", referring to the city's ability to assimilate people and cultures from across the country. "I find Delhi High Court an Indian thali" he said

‘Goodbye Does Not Become Easy’

Justice Upadhyaya acknowledged that he had been conscious since taking charge as Chief Justice that a farewell would eventually come. "But just because you know it, it does not mean that the goodbye becomes easy."

He thanked his colleagues on the Bench, officers and officials of the Registry, members of his secretariat, personal staff, law clerks and members of the Bar for their support during his tenure.

He also specifically acknowledged the role of his family, particularly his parents and wife, and the sacrifices made by them.

"The trust of family enables one to step outside the comfort zone and achieve unconventional success" he said.

Towards the end of his address, Justice Upadhyaya sought forgiveness from those who may have been hurt by his words or actions during his tenure. Quoting Oscar Wilde, he ended on a lighter note: “Some cause happiness wherever they go, others whenever they go.”

He said he did not know which category he would be placed in the following day, adding that posterity would decide. He concluded by thanking everyone present.

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