India News | 'Law Secretary Tenure Was Challenging Due to Centre, State Tussle': Retiring HC Judge Mendiratta

New Delhi, Mar 5 (PTI) As he bid goodbye on Wednesday, Delhi High Court's Justice Anoop Kumar Mendiratta recalled his days as the Delhi government chief secretary which came with "challenges" owing to the "differences between the Central and state governments".

Mendiratta also said a judge's efficiency couldn't be solely assessed on the number of judgements pronounced for justice needed appropriate allocation of time.

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Justice in several cases, said Justice Mendiratta, required appropriate allocation of time and a sole assessment of a trial court judge on the basis of the number of judgements constrains him to adjourn the cases involving complex questions of law.

"As such, several deserving cases requiring intervention keep on lingering in the system," he said.

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A full court farewell reference was organised by the high court on the superannuation of the judge, who served the judiciary for over three decades.

As the law secretary in both Central and Delhi governments, Justice Mendiratta recalled facing "extreme political challenges" and a "grim situation" involving the assault case of former Delhi chief secretary Anshu Prakash.

The vantage point for him came when he was appointed the Delhi government law secretary for the second time.

"The tenure was full of challenges owing to political differences between the Central and state governments. Secretaries prior to my posting, had already chosen to return to the parent department within a few months of their posting. I had to face extreme political challenges, as well as the grim situation which followed, pursuant to an alleged assault on the then chief secretary government of NCT of Delhi," he said.

The judge added, "I have always believed that though the targets for disposal are set for the judicial officers, but the efficiency of a judge cannot be solely assessed on the number of judgements pronounced."

Justice Mendiratta said he had been taking up the issues of serving judges as the pain in their eyes always moved him and even brought it to the notice of the full court.

"I hope and believe that the issues relating to the district judiciary shall be looked into with more compassion to avoid any injustice in deserving cases," he said.

He urged Chief Justice Devendra Kumar Upadhyaya to give due compassion to any such deserving case from the district judiciary.

It became a window for him to observe and absorbing the functioning of the government from close quarters for the second time.

Calling Justice Mendiratta a "calm and composed" judge, the chief justice lauded him for offering patient hearings to parties irrespective of the cases and commended his temperament on the bench as he "always confined his opinions to his judgments".

Justice Upadhyaya said Justice Mendiratta served the district judiciary for a long time before being elevated to the high court and handled sensitive issues.

His rulings have always enhanced public faith in the institution, the CJ added.

Justice Mendiratta delivered several significant judgments and one instance while dealing with a plea of a 16-year-old rape survivor, he directed the Centre to issue appropriate instructions to hospitals for ensuring that the identity of a minor rape victim was not disclosed while carrying out medical termination of pregnancy.

In another matter over false allegations of child sexual abuse, Justice Mendiratta emphatically observed that the social stigma and blot of being accused as a child abuser was more painful than the rigors of trial and imprisonment.

In another ruling, he said a political party couldn't be permitted to sponsor the print media for political purposes, for making false and defamatory imputations on the rival parties.

"In addition to his contributions to the judicial side, this institution has also benefited greatly from his administrative wisdom in dealing with issues emerging from time to time before various committees. When a judge with over three decades of judicial experience leaves the system, it is certainly a loss for the entire system, but it is heartening to note that Justice Mendiratta is leaving the system better than he had found it three decades ago," Justice Upadhyaya said.

Justice Mendiratta, who joined the Delhi Judicial Services in 1992, was promoted to the Delhi Higher Judicial Service in 2003. He was appointed a permanent judge of the high court on February 28, 2022.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)