I was an umpire; not a player or spectator to be interested in outcome of cases, says judge on last day of service

Justice N. Seshasayee of the Madras High Court retired from service on Tuesday penning down his last judgement describing himself to have served as an umpire, for over two decades, without being interested in the outcome of the “matches” (cases) since he was neither a player nor a spectator.

Dismissing a writ petition filed by Cheran Enterprises Private Limited, represented by its managing director K.C. Palanisamy (KCP), regarding foreign investments in the company, the judge wrote: “In this case, I am required to umpire the final match of the series between the team- petitioner and the team-respondents.”

After discussing the facts of the case in detail and not finding any merits in the petitioner’s plea filed against the Reserve Bank of India, the judge said: “The match is over… But it may require some time for team-petitioner to realise that it has lost a match that it was desperate to win.”

He went on to state: “Apparently, KCP and his team failed to realise that cricket is synonymous with fairness, and it knows how to assert itself. In retrospect I thought it was not petitioner’s bad strategy that let it down, but its unfairness in developing the very strategy.”

Continuing his observations, the judge said: “Unfairness may tempt; unfairness may even pay at times; but unfairness certainly fails. And, it must fail. Fairness in thought and equity in conduct, form the soul of Dharma, and it must permeate into the deeper layers of conscience in guiding every action and every conduct.”

He also quoted the Sanskrit verses from the epic Mahabharatha and said: “Yato Dharma-Sthato Jayah (whence justice, thence victory) for Dharmo Rakshathi Rakshitah (Dharma protects the one who follows it).”

Thanking all the “players (litigants as well as lawyers) and groundsmen (court staff)“ for making his journey through the game engaging and comfortable, Justice Seshasayee said: “Time reminds me that my moment to leave the ground has arrived.”

He movingly concluded his verdict saying: “I begin to walk, a long lonely walk to the world beyond the cheers of the crowd this ground has witnessed many times and will be witnessing in times to come. As I step out of the ground I see the horizon decked in golden streaks interspersed with many silver lines waiting to welcome me. I turn towards the ground, give it a smile and salute it with gratitude after officiating my last match. As I walk to melt in the wilderness of this world, I heard a feeble echo of the Shakespearian lines within me: If we do meet again, why, we shall smile; if not this parting was well made.”

Justice Seshasayee, a native of Nagercoil in Kanniyakumari district was born on January 8, 1963 and obtained his law degree from the Madras Law College in 1986. After serving as a Law clerk under former Supreme Court judge V.R. Krishna Iyer for a short period of time between 1992 and 1995, he joined Tamil Nadu State Judicial Service as a District Judge (direct recruit) on June 6, 2004 and got elevated to the High Court in 2016.

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