Hon'ble Justice Nagendra Kumar Jain

Justice S.B.Majage

3) Being a sportsman of repute and a star performer, he held the position as a champion player of Badminton in the State of Rajastan. In view of that, he represented the State of Rajastan in the National as well as Inter-State Badminton championships from 1955-1968 and also in 1977 in veterans. He also played with International players during 1963-1968. He was even a State level umpire and had participated as an official in the Asian Games at Delhi, As observer of National Badminton Team at England besides occupying pivotal positions as Joint Secretary and Vice-President of Rajastan Badminton Association.

4) After completing education and enrolling himself as an Advocate in 1968 at the age of 25 years 3 months, he took active part in the activities of Bar Association though he had busy practice in Civil, Criminal, Constitutional, Writ, Company and Tax matters in the High Court of Rajastan. Because of that, he was very popular among lawyers and as such, he was being chosen continuously as a member of Bar Council of Rajastan for about 19 years from 1971. He was secretary of Rajastan Bar Association, Rajastan Bar Federation. He was also Chairman of Bar Council of Rajastan during 1985-1986. He was a member of Bar Council of India, and also served as a member of Bar Council of India (Trust).

5) His lordship also evinced interest in academic study and served as a part-time lecturer in Jodhpur University. While practicing as an advocate, when he was a member of Bar Council of India, he was also a member of the Executive and General Council of National Law School of India University, Bangalore. Recognizing his acumen as a faculty member and academician, he was nominated as a member of the said Academic Council from 1993 to 1996 by the Chief Justice of India even after his appointment as a judge.

6) Considering his rich experience in the legal profession and his ability, he was appointed as a judge of Rajastan High Court on 20th July 1990. Later, on transfer, he served in Madras High Court for about 4 years till the end of August 2001. During that period, he served as Acting Chief Justice for 3 short terms till he became permanent Chief Justice of that High Court. Thereafter, he was transferred to Karnataka High Court in August 2001 and, after completing a successful tenure as chief justice of Karnataka High Court, he retired on 19-10-2004.


7) As a judge, he was of the view that Judges and advocates belong to the same legal fraternity and they are like members of the same family as functions of Judges and advocates are alike because both are connected with the dispensation of justice. According to him, proper co-operation and co-ordination between Bench and Bar is needed, since an advocate discharges his duties with the best of his ability and capability in the interest of his client without having partisan attitude, whereas a Judge has to apply Law on the point to the facts of each case and to discharge his duty without any detachment, fear or favour or ill will. He believed that credit for a judgement does not go to judge alone but to Lawyers also as the assistance of an advocate is directly proportionate to the quality of a judgement.

8) He is also of the view that learning is a constant process, be it in games or any field of activity. So, keeping his mind open, he used to hear advocates with respect and patience for a just decision in the case.

9) True to the dictum that ‘no person is dressed for the day unless he wears a smile on his face’, he was always wearing a smiling face - a sterling quality. So, as a Judge, he always worked with cheerfulness, without any tension on his face nor did he create any tension to others in the court hall. At the same time, he was strict as, to him, discipline and values in life are important. Further, he being a god fearing man, was always impartial and careful in the discharge of his duties and did not sacrifice his principles nor did he go against his conscience to be a popular judge because he was/is of the firm conviction that no person can please everybody and one has to be strict and take strong action in the administration of justice. He believed that justice would be effective, only if power of the courts and respect to them are guarded. He is also of the firm view that any attempt to denigrate the judiciary requires to be avoided and every effort must be made to wipe out such tendency. So also, he is of the view that to maintain Rule of law, reputation of the judiciary requires to be maintained.

10) Because of his long standing experience at the Bar and active involvement in the various activities of the legal fraternity, he knew the problems and difficulties faced by litigant public besides the day-to-day problems faced by lawyers. So, as a Judge, he was very much concerned with the quick dispensation of justice in the courts. As such, on becoming Acting Chief Justice even for 3 short periods and thereafter as permanent Chief Justice, his 1st priority was to see that cases coming to courts are decided early so that litigants are heard as early as possible to put an end to their litigation – a need of the hour.

11) In that object, his sportsmanship and quality of leadership of taking every body with him as a leader of team, we-feeling, dedication, concentration besides to remain calm in all situations coupled with his unassuming character and treating alike his brother and sister judges besides Advocates without any discrimination, be a senior or junior, helped him.

12) So, with the co-operation of his brother and sister judges and assistance of lawyers, there was a record disposal of 2,41,885 cases from 13-9-2000 till August 2001 under his stewardship when he was Chief Justice of Madras (now Tamil Nadu) High Court, reducing the pendency considerably. Out of the said disposal, 31,353 cases were 7 years old and 1542 cases were 15 years old. Said disposal is in addition to disposal of about 80,000 cases in the same High Court that too, when he was only an acting Chief Justice for brief spells.

Also, on account of his taking interest in that direction, even sub-ordinate courts of that State have disposed off 21,78,047 cases, including 36,000 cases which were seven years old and that was also a record. 13) It was his lordship, who got sanction for the constitution of 30 Fast Track Courts in the first phase in the cadre of Addl. District judges to clear pending criminal cases, including cases of under trial prisoners. Further, even a number of long pending criminal cases also came to be disposed off by the Chief Judicial Magistrates in as much as there was execution of about 20,000 non - bailable warrants in the year 2000 and 4000 till August 2001 by police, which was on account of initiative taken by him only.

14) His lordship was of the view that not only should there be early disposal of cases, such disposal should be cheap also. So, he took interest in the functioning of Lok-Adalats. As a result, a number of Lok – Adalats were held settling 6380 cases, in which compensation of Rs. 41,53,31,581/- was awarded. Further, His lordship was the pioneer in having Lok-Adalats at central jails covering even lady prisoners so that their cases are also decided early. He had also taken steps for having regular Lok-Adalats at Erode and Tanjavoor jails, besides for the constitution of Prison Lok-Adalats at 4 central prisons and women prison Lok-Adalats. When he was acting Chief Justice, then also he got Lok-Adalats held at Neyvali, where in long pending land acquisition cases were settled and compensation was paid.

15) Thus, on account of initiative and steps taken by him, there was a record disposal of cases under his leadership in Madras (now Tamil Nadu) High Court and also by the Sub-Ordinate Judiciary.

16) He got 9 Acts translated in Tamil language with their publication. He also got published and distributed substance and legal aspects of more than 14 Acts and Statutes in Tamil language. That was done to inculcate legal knowledge and spread legal awareness among public.

17) He was responsible for the early selection of District Munsiffs/Judicial Magistrates by the Tamil Nadu Public Service Commission and also for the selection, training and posting of 73 Civil Judges(Jr.Dn). It was he who got settled in a single sitting a decade old long pending matter of fixation of inter-se seniority between direct recruits and integrated judicial officers. And again, it was he who got sanction for 50 computers with peripheral towards computerisation of the High Court besides 294 posts in the various categories of the High Court service. He also introduced the practice of issuing merit certificates on Republic day and Independence day to sincere, honest and dedicated staff members in the registry to encourage them and to increase their efficiency. Further, he had taken initiative for the direct recruitment of judicial officers for the Union territory of Pondichery.

18) It was his lordship who got daily cause list in a book form with index facility besides for the supply of the same overnight through the computers linked to the internet and in print. He also made efforts for getting construction of 286 Addl. Law chambers for the Lawyers. Apart from that, he was responsible for many more works in Tamil Nadu, including establishment of a separate Pay and Accounts office exclusively for the High Court.

19) His lordship’s mission of speedy disposal of cases in the courts did not stop at Tamil Nadu. It continued in Karnataka also. And because of steps taken by him in that direction, there were appointments of 16 judges to the High Court of Karnataka and there was disposal of 2,38,000 cases, despite the fact that the High Court had not been working with full strength for quite some time.

20) It may be noted here only that during his tenure in Karnataka, his lordship has disposed off about 22,587 cases. Out of them, there were 22 cases with connected matters, where in questions of law had been referred to the larger Benches of 5 judges and 259 cases were of Full Benches. It is also important to note that he did not believe in keeping any heard matter pending without its prompt disposal. Though he used to dispose off a good number of cases every day, he used to pronounce orders instantly and at any rate, within a week in reserved matters, except in two cases in which he pronounced orders in two weeks. Thus, he served as a model judge in that regard.

21) Not only in the High Court, he evinced interest in the early disposal of cases by the sub-ordinate judiciary also. So, there were number of appointments and promotions of judicial officers. Further, he got sanction for 16 District Courts, 93 Fast Track Courts, 62 new Courts – 16 District Courts, 20 Civil Judge(Sr. Dn.) Courts and 26 Civil Judge(Jr.Dn.) Courts. As a result, there was a record disposal of about 25 lakh cases by the sub-ordinate judiciary.

22) Further, he took interest in the working of Karnataka Legal Services Authority as its Patron-in-Chief. So, a total number of 4,532 Lok - Adalat sittings were held, in which more than 1 lakh cases were settled and compensation of more than Rs. 109 crores was awarded in MVC and Land Acquisition cases.

23) Thus, under his lord ship’s stewardship, the Karnataka High Court and Karnataka Judiciary as a whole was in the forefront in the quick dispensation of justice by speedy disposal of cases during his tenure.

24) Further, it was during his lordship’s tenure in Karnataka, even daily Lok-Adalat sittings were started in the High Court of Karnataka, in which all the brother and sister judges participated after regular court hours. Also, for the first time, a Legal Services Clinic came to be opened in the High Court premises to hear problems and render legal advice to persons belonging to the weaker sections of the society and the down trodden. Further, 1842 legal literacy and legal aid camps were held in the districts, in which more than 6 lakh people were benefitted. Even permanent Lok-Adalats were established in 8 districts.

25) During his lord ship’s tenure, foundation was laid for five development projects in the City Civil Court precincts at an estimated cost of Rs. 6.75 crores; efforts were made for the establishment of courts in Kengal Hanumanthaiah Double Road area besides allotment of land for the construction of residential quarters for High Court Judges; permission was taken from the Govt. to make separate rules by the High Court for the recruitment of S.D.A.s and F.D.A.s required for the judicial department; started computerisation in the High Court and sub-ordinate judiciary at a budget running in crores to make justice delivery system more effective and quick; decided to recognize the services of good employees and to issue appreciation certificates to such employees and to encourage such employees recommended by a committee consisting of 4 registrars.

26) He also disciplined and brought in order the posting of cases in the High Court. He has made available a beautiful guest house at Bangalore for judges visiting Bangalore and guest house at Mysore was renovated; got the High Court library renovated at a huge cost of Rs. 1 Crore which can house about 100 advocates at a time and which is most modern and useful for the members of the judiciary as well as to the members of the Bar; encouraged Karnataka State Bar Council in conducting law workshops for the young advocates of the Bar; took initiative for issuing Government Orders providing servant, telephone and medical facility to retired judges; introduced video conferencing at Bangalore and Mysore to enable the courts to proceed with custody matters without the necessity of production of the under trial prisoners. Above all, he has paved the way for the establishment of Circuit Benches of the High Court in North Karnataka. The above are some of notable works apart from other works.

27) While serving as Chief Justice, he was one of the members of a committee formed in 2003 along with 2 other Chief Justices to examine the recommendations of Arrears Committee Report 1989-1990 (justice Malimath committee report) and also of first National Judicial Pay Commission (justice K.Jagannath Shetty Commission) report, and to submit reports. The said task was accomplished and a report was made in time, which was considered in September 2004 before his lordship’s retirement. He was even a member in the 5th meeting of judicial group on strengthening judicial integrity attended by the Chief Justices of different countries during January 2003 at Colombo.

28) Soon after retirement, on serving as a judge for a long tenure of 14 years 3 months and laying down the office as Chief Justice of Karnataka High Court, his valuable services were taken as Chairperson of Himachal Pradesh Human Rights Commission on 24-11-2004 and also as Chairperson of Rajastan State Human Rights Commission from 16-7-2005 to 15-7-2010.

29) Not only that, while serving as Chairperson of Human Rights Commissions, he has written and published a good number of books. Some of his books are -
1) Human Rights according to Article – 21 of the Constitution of India ;
2) Human Rights and Duties according to Article - 51(A) of the Constitution of India ;
3) Points to remember on Human Rights day ;
4) Human Rights and HIV/AIDS ;
5) Policies and procedures of working of Human Rights Commission ;
6) Rules and Regulations of Human Rights Commission ;
7) Human Rights for children ;
8) Human Rights for women ;
9) Human Rights for Schedule Caste and Schedule Tribe with special privileges ;
10) Human Rights with reference to arrest
11)Human Rights with reference to imprisonment or jail ;
12) Human Rights with reference to Govt. development schemes & many more small booklets.

30) After the said assignments, his lordship has not kept himself idle because of his mindset to render service to the society. So, he kept himself busy in social and religious activities. In that, he served as the President of Digambar Jain Atishaya Kshetra Shri Mahaveer Ji. Now, at the age of 75 years also, he is serving as the President of Geeta Bajaj Bal Mandir Sansthan. All this shows his active involvement in social and religious fields.

31) His lordship is not only noble but simple and sober. He has an amiable personality. Though he held highest posts in the State judiciary besides serving as chairperson of State Human Rights Commissions, he has no ego and does not believe in pomp and show.

32) He hails from a noble and respectable family. His lordship always remembers the advice of his late father justice J.P.Jain that “Do not expect anything from anybody. Do not be provoked by anyone. Let your heart be not troubled by anybody”. So, he never hurt the feelings of others either directly or indirectly. His lordship’s simplicity could be understood from the fact that he always remembers me on the eve of Deepawali festival and sends greetings. That apart, though I am younger to him in age, on the eve of every “ Kshamavani Parv ”, his lordship sends letters to brother Judges including me on the auspicious day of “Paryushan Parv” asking to pardon/forgive him and his family members for any actions, words, mistakes and deeds, that hurt me or my feelings in any way during the year. This speaks a lot about his noble personality.

33) His life is an open book and inspiring to all. He does not think ill of anybody even for a moment also. He is a gentleman to the core with simplicity in life, serving as a role model.

34) His lordship is the rarest of rare human being in the real sense with experience and achievements in all fields of life. In nut shell, he is a unique multifacet personality and as such, any number of words would fall short to write about him.

May Almighty bless his lordship, his wife smt. Aruna and other family members for a long life with good health and happiness.