[16/08, 15:58] sekarreporter1: [16/08, 15:58] sekarreporter1: [16/08, 15:58] sekarreporter1: https://x.com/sekarreporter1/status/1824392276077846930?t=TrutrSjcwpXayTT6nws7ng&s=08
[16/08, 15:58] sekarreporter1: Hon’ble CJ with sitting judges and bar members of Meghalaya Highcourt
[16/08, 15:58] sekarreporter1: Hon’ble CJ S.Vaidyanathan with sitting judges and bar members of Meghalaya Highcourt
[17/08, 15:47] sekarreporter1: Hon’ble Chief Justice, My Lord Justice S. Vaidyanathan, Hon’ble Mr. Justice H.S. Thangkhiew, Hon’ble Mr. Justice W. Diengdoh, Hon’ble Mr. Justice B. Bhattacharjee, Madam E.H. Rajeshwari, Sri K.S. Kyngjing, Senior Advocate and Chairman of the Bar Council of Meghalaya, esteemed law officers of the Central and State Governments, Senior Advocates, office bearers of the Bar Association, colleagues at the bar, Registrar General, officials and staff of the High Court Registry, officers from the Meghalaya State Government, and esteemed members of this gathering, a very good afternoon to one and all.
Today, we gather to bid farewell to a distinguished figure in our judiciary, Hon’ble Chief Justice S. Vaidyanathan. This moment is one of reflection and gratitude, as we look back on a journey marked by dedication, perseverance, and an unwavering commitment to justice.
Chief Justice S. Vaidyanathan’s journey from humble beginnings to one of the highest positions in the judiciary is nothing short of inspirational. It is a testament to the power of hard work, the pursuit of excellence, and the support of a loving family. My Lord, your parents’ dedication and sacrifices laid the foundation for your education, instilled values of responsibility and perseverance from an early age. Your Lordship’s father, the late Shri V. Subramanian, began his life as a shoe polish seller and grew into a committed trade unionist, founding the Madras Commercial Employees Union in 1946. His legacy of resilience and integrity clearly lives on in Your Lordship.
Your Lordship’s academic journey took you from Singaram Pillai High School in Villivakkam, Chennai, to a B.A. in Economics from D.G. Vaishnav College, and finally, to a law degree from Madras Law College. These formative years were just the beginning of a remarkable legal career. After enrolling as an advocate in 1986, Your Lordship quickly established yourself in the Madras High Court, focusing on labor, service, criminal, and company matters. Your time with the esteemed Rao & Reddy chambers, alongside distinguished lawyers such as A.Ramachandran and N.C. Rangarajan, honed your legal expertise and prepared Your Lordship for the profound impact Your Lordship would later have on the judiciary.
Your Lordship’s elevation as an Additional Judge of the High Court of Judicature at Madras in 2013 and as a Permanent Judge in 2015 marked the beginning of a new chapter in your career. In each of these roles, Your Lordship brought not only judicial acumen but also a deep sense of humanity and fairness. Your Lordship’s tenure as Acting Chief Justice of Madras High Court, followed by your appointment as Chief Justice of the High Court of Meghalaya on 11th February 2024 further solidified your reputation as a jurist of the highest caliber.
Beyond the courtroom, your Lordship’s sporting spirit is equally commendable. I recall reading about a memorable T20 cricket match between the judges of the Madras High Court and the Kerala High Court, where Your Lordship played a match-winning innings. It’s heartening to know that Your Lordship have excelled both in the judicial and sporting arenas—a true testament to your well-rounded character.
A great philosopher, Socrates, once observed, ‘Four things belong to a Judge: to hear courteously, to proceed wisely, to consider soberly, and to decide impartially.’
My Lord, you embody all these qualities. My Lord, Your conduct, fairness in hearing, and just and equitable decisions have earned you the trust and respect of the public and the members of the bar. Your legacy in both Tamil Nadu and Meghalaya is one of wisdom, integrity, and compassion.
In the realm of justice, where the scales of right and wrong are delicately balanced, the role of a judge is paramount. A judge’s judgments are not mere decisions; they are the embodiment of wisdom, impartiality, and the unwavering pursuit of truth. Your judgments, my Lord, have not only upheld the law but have also guided society towards fairness, equity, and the rule of law.
All the landmark judgments rendered by Your Lordship cannot be captured in a short period of time. However, I will be failing in my duty if I do not speak about some of the landmark judgements of Your Lordship as Judge of Madras High Court and of this Hon’ble Court.
One of the judgments that particularly stands out is the case of Amrutha, S. v. Commissioner, Greater Chennai Corporation. Here, you masterfully balanced the strict application of the law with the ethical sensitivities of the case. Your reference to mythology to underscore the importance of witness testimony and your poignant observations on privacy are just a few examples of your deep understanding of both the law and the broader cultural context in which it operates. Your Lordship poignantly noted, “In Mythology, devotion to God made everything possible… In the case on hand, unfortunately, the witnesses on the side of the 1st Petitioner/Amrutha had already attained mortality, and since we are living in the age of Kali Yuga, we cannot expect a dead person to come alive and stand as a witness.” Your Lordship’s respect for privacy is also evident in profound observations made in the case “According to Puranas, even dead persons have got a right of privacy, and their souls should not be disturbed, as they have immortal life after their death.”
In D. Baskaran v. Mr. Sylendra Babu I.P.S., Director General of Police, Your Lordship eloquently articulated the application of the doctrine of merger, demonstrating your ability to navigate complex legal principles with clarity and precision and noted, and I quote, “Once the order passed in a Writ Petition gets merged with the order of the Writ Appeal, the remedy available to the Petitioner is to file a Contempt in the Writ Appeal and not in the Writ Petition, unless and until the Apex Court specifically directs the High Court to decide the issue.”
Your Lordship’s commitment to justice is further evident in your firm stance against land encroachments, which you metaphorically described as a cancer eating away at our precious lung space, Your Lordship metaphorically observed, and I quote, “Land encroachments are like cancer. It slowly eats the lung space of the land, and definitely, there will be no breathing space for anyone, much less the Earth, to survive in the orbit.”
Your Lordship’s unwavering advocacy for women’s rights is another hallmark of your tenure. Whether emphasizing the importance of maternity benefits or addressing the sanctity of marriage, your judgments have consistently reflected a deep respect for the role of women in society and a commitment to upholding their rights.
For instance, in a ruling concerning maternity benefits, Your Lordship emphasized, and I quote, “The maternity benefit should not be denied to women by standing on mere technicalities and rigid interpretation of the rules.” In a cultural reference, Your Lordship noted, and I quote, “In Hindu mythology, women, who respect elders and sacrifice their life for the welfare of the husband’s family, are portrayed as equal or even greater than men and are regarded as equivalent to God.” This beautifully encapsulates the reverence with which Your Lordship views the role of women in society and the judiciary’s duty to uphold their rights.
Your landmark judgment in the case of Tamil Nadu State Transport Corporation (Coimbatore) Ltd v. B Rajeswari is a powerful reminder that women cannot be forced to choose between motherhood and employment. Your Lordship had observed in the said judgment that, and I quote, “A woman is not a pendulum and cannot be forced to swing between motherhood and employment, as the maternity benefit relates to the dignity of a woman. ……..”.
Your Lordship in your judgments, we see a consistent thread of wisdom and humanity that runs through, whether addressing the sanctity of marriage, the dynamics within a home, or the nuanced application of justice in sensitive legal cases. Your Lordship’ concern for the erosion of traditional values and the pressing need to preserve the sanctity of marriage in a rapidly changing society is also important to highlight. Your Lordship has also addressed the critical issue of interpersonal dynamics within the family, particularly the impact of unresolved conflicts on the well-being of children. Your Lordship wisely remarked, I quote, “Husband and wife must realize that ‘ego’ and ‘intolerance’ are like footwear and should be left out of their house when they enter the home, else, the child/children will have to face a miserable life.”
In Vanitha Manickavasagam v. Member Secretary, Chennai Metropolitan Development Authority, Your Lordship reflected on the traditional values that have long guided our relationship with nature, noting that, and I quote, “Our tradition and values which are being passed from our ancestors are not wrong beliefs. They are scientific, rational, and logical. That is why they worshipped nature.” By integrating the concept of Panchabootham (the five elements) into the legal reasoning, Your Lordship highlighted the interconnectedness of all natural elements and the need for their protection.
Your tenure as Chief Justice of Meghalaya, though brief, has been profoundly impactful. In Aynul Hoque v. State of Meghalaya, you emphasized the high standards of character expected from those in the teaching profession. Your Lordship emphasized that a teacher must be “beyond controversy” and highlighted the revered position that teachers hold in Indian society, often regarded as “Guru” and even as embodiments of divinity.
In Rinku Kumar Tyagi v. State of Meghalaya, your nuanced approach to sensitive cases under the POCSO Act highlighted your belief in the importance of proportionality in justice. Moreover, in a candid reflection on the nature of the case, Your Lordship remarked, and I quote “It is a case involving love affair and unfortunately, the male member has been made as a scapegoat to undergo imprisonment for the mistakes/abetment committed by the two.” Showing Your Lordship’s awareness of the social dynamics at play and the sometimes-harsh consequences that rigid application of the law can impose on individuals, particularly the young.
We further see the judicial philosophy of Your Lordship, that justice is not just about the strict application of the law but also about understanding the circumstances that lead to the commission of an offense and ensuring that the punishment is commensurate with those circumstances. The judgment in Shri Phot Khaii v. The State of Meghalaya illustrates Your Lordship’s ability to discern the nuanced circumstances that can shift a crime from murder to culpable homicide not amounting to murder.
In determining the appropriate punishment, Your Lordship emphasized the need for proportionality, stating that while the accused’s actions were indeed criminal, they were committed without premeditation or intent to cause more harm than necessary. The judgment is testament to Your Lordship’s judicious application of the law, where the legal framework is applied with a deep sensitivity to the human factors involved.
Your Lordship in the judgment, Shri Edison Nongrum v. State of Meghalaya, begins by poignantly highlighting the stark contrast between the historical figure of Thomas Edison, who brought light into the world, and the accused, who “brought darkness to the life of the victim girl and made a scar in her heart through forcible shock. The judgment also highlights the reformative outlook of Your Lordship, reasoning that, I quote, “According to the reformative theory, the intention of punishment must be to transform the culprit through the individualization approach… the punishment should be restorative rather than deterrent.” Your Lordship’s ability to apply the law with both rigor and empathy is a testament to Your Lordship’s judicial philosophy to uphold the principles of justice while fostering compassion and reform.
Your Lordship’s commitment to expanding the Umroi Airport is another example of your visionary leadership. Despite challenges, your determination has laid a solid foundation for the airport’s future, ensuring that the state’s economy and connectivity will continue to grow. I am at this point reminded of an anecdote Your Lordship noted in a judgment, about King Bruce and the Spider, in which, King Bruce, even after failing six times in the battlefield, tried one more time and succeeded in getting his Kingdom back, ignited by the fact that a little spider never gave up its attempt to build a web again and again after failing multiple times. Similarly, Your Lordship’s unwavering determination in the face of challenges has set the groundwork for the airport’s expansion. Though Your Lordship’s tenure may conclude, the steps taken under Your Lordship’s guidance will continue to bear fruit. The commitment to expanding the airport is a lasting legacy that will undoubtedly be carried forward, as the efforts initiated by Your Lordship have laid a solid foundation for the state’s future prosperity.
We have been truly privileged to have Your Lordship as the Chief Justice of Meghalaya. In just six months, Your Lordship have authored over 90 judgments and passed more than 700 orders, each reflecting your commitment to justice and the welfare of the community. Your Lordship’s tenure will be remembered for the transformative judicial philosophy you brought to our state. It would not be out of place to record deep appreciation for disposing of more than 67,000 cases during Your Lordship’ tenure at Madras High Court and authoring 1219 reported judgments. Such dedication and hard work towards the cause of justice is unparallel.
My recent interaction with your lordship is also enriching personal experience to me. Your lordship’s simplicity, human approach is worth emulating. Your lordship has gone out of way to ensure that everyone in the team is well looked after.
As Your Lordship transitions from the bench, a new chapter unfolds—one where you can devote time to personal interests, passions, and family. After years of intense dedication to upholding the law, this is a well-deserved opportunity for Your Lordship to pursue hobbies and spend cherished moments with your loved ones.
We are also deeply grateful to Madam E.H. Rajeshwari, whose warmth and grace have touched everyone who has had the pleasure of knowing her. Her beautiful renditions of verses and bhajans have brought joy to many, and we hope that this new chapter will provide even more opportunities for her to share her music. As Your Lordship transitions from the demanding responsibilities of the bench, we hope that there will be even more opportunities for Your Lordship to enjoy and celebrate the beautiful music that Madam Rajeshwari creates.
As we bid farewell to Hon’ble Chief Justice S. Vaidyanathan, we commit to carrying forward the mantle of fairness, wisdom, and judicial integrity that Your Lordship have so skillfully upheld. We wish Your Lordship and your family robust health, happiness, and success in all future endeavors.
Thank you.
[Amit Kumar]
Advocate General