Legal system helps the rich, says Supreme Court Judge Deepak Gupta

New Delhi: The country's legal system is geared in favour of the rich and powerful, Supreme Court Justice Deepak Gupta said in his farewell address on Wednesday, adding that judges "cannot hide their heads like an ostrich" and they must identify problems with the judiciary and deal with them.

Justice Gupta, who became the first judge in India's history to get a farewell through video conferencing because of the coronavirus crisis, said that the legal system appeared to work faster if a rich person was behind bars while trials of poor litigants get delayed.

"Our laws and our legal system are totally geared in favour of rich and the powerful. If somebody who is rich and powerful is behind bars, then time and again, he will approach the higher courts till he obtains an order that his trial should be expedited. This is done at the cost of the poor litigant whose trial gets further delayed because he cannot approach the higher court," he said.

"On the other hand, if a rich person is on bail or wants to delay a civil litigation, he can afford to approach the superior courts time and again to delay the trial or the proceedings till the other side gets virtually frustrated," Justice Gupta, who was the first chief justice of Tripura High Court, added.

The former Himachal Pradesh High Court judge said that it was up to the judiciary to ensure its integrity is not breached."You see, the country has great faith in the judiciary. I mean, we say it time and time again but at the same time, we cannot hide our heads like an ostrich and say that nothing is happening to the judiciary. We must identify our problems ourselves and deal with them. The integrity of the institution is something which cannot be put at stake under any circumstances," Justice Gupta, who was elevated to top court in 2017, said.

He also said, "I see lawyers argue on political and ideological sides and not on law. Argue for your clients on law and not on other sides." "In times of crisis, especially a crisis like this it is not you and I, whose constitutional rights will be violated. It's the poorest of the poor, whose constitutional rights are always violated. It is these people who have no voice, who suffer. And therefore, if someone who raises the voice for them, I think the courts should at least hear them. Give them a patient hearing, and then if something can be done for them, please do it," he said.

A number of Supreme Court judges, Attorney General KK Venugopal, Solicitor General Tushar Mehta, Supreme Court Bar Association President Dushyant Dave participated in the video conference farewell to Justice Deepak Gupta.In his speech, Attorney General KK Venugopal said, "Your thoughts that citizen has a right to protest in a peaceful manner will never be forgotten; a very bold statement to make while holding office as a Supreme Court judge."During his tenure as a Supreme Court judge, Justice Gupta has been part of several notable judgements and orders including the 2017 verdict that sex with minor wife despite consent is rape.