The pride of our community and the toast of the Indian judiciary, Justice Shahrukh Jimi Kathawalla retired on 23rd March, 2022, after serving for a glorious 14 years, as the much respected judge of the Bombay High Court. On the eve of his final day in office, he received farewells organised by the Bombay Bar Association (BBA) as well as the Advocates Association of Western India (AAWI), comprising a huge congregation of High Court Judges, lawyers, staff and law interns, all gathered to bid him adieu.
In his farewell address to the Lawyers’ Association, he said, “Judgeship was never a savvy career move or a professional high point. But in fact, it has been a pilgrimage that is coming to an end.” He said he felt blessed for having completed his pilgrimage and was in awe of the glory of the institution that he venerated deeply. Sharing why he gave up a lucrative practice to be a judge, he stated that he always desired to ensure that justice be dispensed effectively and efficiently to every litigant so that the “faith of society in the temple of justice never wanes.”
Dispensing pearls of wisdom to young, budding advocates who aspired to join the Bench, he advocated hard work, saying, “One may attempt to escape the blame of defeat, especially where it is on account of not doing one’s best by blaming the judge or calling it a bad case, but deep down, your lack of effort will be your real defeat.”
“Is money everything?” he further asked. “When you come with nothing, and leave this world with nothing, should money be your master? What about soul satisfaction and the warmth in your heart when you realise that those cheated, defeated, miserable litigants who came vexed, crying and begging for justice before you are leaving with a smile, basking in the sheer delight of having their faith restored in the rule of law? Or their joy when they realise that the legal system is fair, just, humane and gives them their due when most needed,” he said. He attributed great importance to a higher calling to dispense justice to every strata of society, which he described as being the collective “karma and dharma” of the legal profession.
At his BBA farewell, President Nitin Thakker and Vice President – Birendra Saraf, expressed their disinclination on his retirement, saying his absence would leave a vacuum. Similar sentiments were echoed by AAWI president Sanjeev Kadam.
Himself setting the precedent of diligence, Kathawalla said hard work hard was the best way to ensure litigants got a hearing as their rights and liberty were at stake. “One cannot fall prey to either fear or favour, nor is one sitting on the dais to win a popularity contest. It will be a tight rope walk,” he said, and that though many would be displeased, ultimately, “Nobody will remember us for our fancy cars and designer watches. We will be remembered for our dynamic work ethic, our uncompromising quest for righteousness and aptitude for empathy.” He strongly advocated lawyers to take on pro bono cases or providing free legal services to those who couldn’t afford it, saying, “Just because some people cannot afford the high costs of litigation does not mean that justice should be denied to them.”
His court attracted law interns from across the nation, as they wished to experience and learn from his presence and wisdom (during the lockdown, when court proceedings went digital via video conference, he once had 26 interns!); he was patient with junior lawyers, always hearing them out.
Known for burning the midnight oil, Justice Kathawalla would continue presiding over hearings for urgent matters, way past the court working hours which ended at 5:00 pm. He once presided over a vacation bench led by him, in the summer of 2021, for three days continuously, via video-conference hearings, which went on till close to midnight for over 12 hours with no breaks! He maintained a low profile, drawing admiration and respect from juniors and seniors alike at the bar, for “his diligence to do justice,” in the words of a senior counsel, in 2018, after a midnight hearing.
Throughout his tenure, he has feared no one and he spared no one – lawyers, litigants and colleagues will vouch! He would call out builders for cheating unfortunate tenants or home-buyers; he even summoned Economic Offences Wing officers to know of the progress of probes. When needed, he would break out in Hindi or Marathi to question or reprimand errant litigants.
Known for having passed several rulings in favour of persons affected by infrastructure projects and flat purchasers aggrieved by irregularities of the developers, Justice Kathawalla continued the same on his final day in office. He directed interim compensation of Rs. 10 crore, to over 900 fisherfolk (@ Re. 1 lakh per family) impacted by the construction of the Thane Creek Bridge-III on Sion-Panvel Highway, observing that the court couldn’t expect the fisherfolk to wait another year without any livelihood or compensation. Justice Kathawalla is also known for having pulled up top bureaucrats, ministers and errant developers. Just last month, he reprimanded the Maharashtra government for the delay in installing CCTV cameras in police stations, directing that it be expedited.
Born on March 24, 1960, Justice Kathawalla graduated from Wilson College and obtained his LLB degree from Government Law College, Mumbai. He would work through court vacations and attend court on Sundays. He enrolled with the Bar Council of Maharashtra and Goa on 30th September, 1985, practicing as a lawyer in the Bombay High Court, dealing with civil, constitutional, company and arbitration matters. He was sworn in as Additional Judge of the High Court on 18th July, 2008 and was confirmed as a permanent judge of the High Court on 15th July, 2011.
We thank Justice Kathawalla for rendering his unparalleled expertise and incomparable dedication to the Indian Judiciary, and for keeping the Parsi flag flying ever high! Here’s wishing him the very best in his new, post-retirement innings!
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