Sunday, August 22, 2021

After setting bar high, people’s judge Kirubakaran bows out

After setting bar high, people’s judge Kirubakaran bows out

His resolute efforts to make certain that justice was provided to the deprived sections of the society were what earned him the sobriquet – people’s judge.

Published: 20th August 2021 05:31 AM 


Justice Kirubakaran with his mother Rajammal (90) during the farewell event held at Madras High Court on Thursday | AsAshwin Prasath


Express News Service

CHENNAI/MADURAI: "I was guided by dharma while making judgements," said Justice N Kirubakaran of Madras High Court on Thursday, addressing a large group of colleagues, some teary-eyed. They had gathered to bid farewell to the court’s senior-most judge. His statement was in reference to the criticism of 'judicial overreaching' some have levelled against him. But regardless of what observers may say, his resolute efforts to ensure that justice was provided to the deprived sections of the society earned him the sobriquet of the ‘people's judge’.

Born on August 21, 1959 in Nedumpirai village at Cheyyar in Tiruvannamalai district, Justice Kirubakaran entered the legal profession on September 4, 1985. After practising for about 23 years in various courts, including the Madras High Court, he became the additional judge of the High Court in March 2009 and was promoted as a permanent judge in March 2011.

Closing liquor shops in a phased manner, making helmets mandatory for two-wheeler riders and declaring J Deepa and J Deepak as the legal heirs of late Chief Minister J Jayalalithaa, are among the many orders passed by Kirubakaran in his time on the Bench. On Thursday, the last day of his tenure, he sat with Chief Justice Sanjib Banerjee on the first bench of the High Court for a brief time.

Later, his colleagues in the Bench and the Bar gave him an emotional farewell at the court premises in Chennai. While the Chief Justice honoured Kirubakaran, Advocate General R Shanmugasundaram noted that he had ensured dignity even to the deceased through his orders.

In his speech, Justice Kirubakaran recalled his modest background and struggle to reach his present position. His eyes welled up as he spoke of the role of his father, who had studied only till class 4, in shaping up his career. The judge exhorted the judicial officers of family courts to work to unite families rather than separate them. "I hope that the Union government will make appropriate amendments in the Constitution to set up regional benches of the Supreme Court. I also hope that one day prohibition will be implemented in Tamil Nadu," he added.

Meanwhile, the judge’s colleagues on the Bar from across the State spoke to The New Indian Express about his interest in changing the lives of the poor and vulnerable.
“Justice Kirubakaran is a judge with a golden heart, benevolent brain and delivering hands,” said advocate S Srinivasa Raghavan.

"His contributions to motor accident jurisprudence, especially his application of Cost Inflation Index formula for determining the notional income of persons, who die without proof of avocation and income, is remarkable," Raghavan said.

The Chairman of the Bar Council of Tamil Nadu and Puducherry, PS Amalraj, hailed the judge’s directions on guidelines to be followed while enrolling advocates, including his recent order to introduce a biometric attendance system in law colleges outside Tamil Nadu.

“He has helped nearly 100 young and poor junior advocates, especially women, get two wheelers through charitable trusts and contributions from senior advocates,” Amalraj said. Apart from this, the judge also appointed many junior advocates as advocate commissioners in several cases and ensured they got a good remuneration, he added.

Recalling his experiences as a government counsel, advocate Aayiram K Selvakumar said, “When officials heard that Justice Kirubakaran is coming to Madurai, they would become vigilant. Senior officials would call and give detailed instructions, knowing the judge’s strict nature.”

According to advocate K Samidurai, Justice Kirubakaran’s landmark judgments have transformed the lives of disabled sportspersons across the country. “He enhanced the prize amount provided to paralympic medal winners by the government from a few thousand rupees to nearly Rs 15 lakhs. He has also helped many disabled sportspersons access job reservation. Paralympic athlete J Ranjith Kumar of Madurai was given a permanent appointment as a coach recently, thanks to Justice Kirubakaran’s order,” he added.

One such beneficiary of the judge’s orders, A Gopi Kannan, is a disabled sportsperson. He was provided a government job in recognition of his sporting achievements through Justice Kirubakaran's order. “I am indebted to the judge for life. I am not sure if I would have been alive if not for his help. He recognised my achievements. It's only thanks to him that I am able to feed my family and live with dignity,” Kannan told The New Indian Express.

Justice Kirubakaran has also shown great interest in case matters of Tamil language and archaeology. He was instrumental in bringing 7.5 per cent reservation for government school students in medical admissions. His empathy towards the issue was such that he broke down to tears during the virtual hearing of the case. This, and the anguish he expressed for the migrant workers during the pandemic, showed the level of his compassion and dedication, advocates felt.

He has also granted reliefs to various persons from oppressed communities, who have knocked on the doors of the court seeking justice. A Virudhunagar woman, who contracted HIV after being transfused with contaminated blood at a government hospital, during a virtual hearing was moved to tears by the support Justice Kirubakaran gave her by ordering the government to provide her permanent job, Rs 25 lakh compensation and a house among other relief. Litigants who argued as party-in-person thronged the courts with Public Interest Litigations during the judge’s sittings due to his strong sense of social justice and determination to serve the society. He would be missed by all, including the public, advocates said.

(with inputs from R Sivakumar @ Chennai)

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