The Supreme Court's ceremonial bench gathered today to bid farewell to Justice Sanjay Kishan Kaul, marking his last day on the bench. Esteemed members of the Bar praised his demeanor in valedictory speeches. Attorney General R. Venkatramani expressed gratitude for Justice Kaul's unwavering support in the Article 370 case.
In the landmark decision, the five-judge Apex Court upheld the constitutional order revoking Article 370. Justice Kaul, in his concurring opinion, penned an "epilogue" reflecting on the scenes and sufferings in the valley, where he hails from. Chief Justice of India D.Y. Chandrachud presided over the ceremonial bench, joined by Justices J.B. Pardiwala and Manoj Misra, besides Justice Kaul.
AGI R. Venkatramani, while applauding Justice Kaul, emphasized the significance of the Kashmir judgment in constitutional jurisprudence. He highlighted Justice Kaul's call for a Truth and Reconciliation Commission, considering it a watershed moment in the Court's ability to address profound thoughts on healing. Venkatramani expressed gratitude for this observation, foreseeing its lasting impact on the people of Kashmir and the nation.
Justice Kaul's "epilogue" revealed his observations of the social fabric deteriorating during his travels home. He expressed anguish over the intergenerational trauma affecting an already fractured society. Recommending the establishment of a Truth and Reconciliation Commission, he proposed an impartial investigation into human rights violations in Jammu & Kashmir since the 1980s, aiming for reconciliation.
Acknowledging that recommending the commission falls beyond the Court's purview, Justice Kaul argued that transitional justice aligns with transformative constitutionalism. He emphasized the evolving responsibility of both state and non-state actors globally in addressing human rights violations. Justice Kaul cautioned that the Commission should not become a criminal court but should follow a humanized and personalized process, allowing individuals to share their experiences openly.
Justice Kaul's proposal for truth and reconciliation recognizes the evolving nature of constitutionalism and emphasizes the duty to investigate violations. His vision for a Commission, coupled with the personalized approach, seeks to address the challenges of transitional justice while respecting the human experiences of those affected.
In bidding farewell to Justice Kaul, the ceremonial bench acknowledged not only his legal contributions but also his compassionate concern for the human dimension of justice, as reflected in his poignant observations and recommendations for the path forward in the aftermath of the Article 370 case.
TAGS: Truth and reconciliation Impartial investigation Jammu & Kashmir Ceremonial bench Global constitutionalism Legal contributions
