FAREWELL SPEECH ON THE RETIREMENT OF HON’BLEMR. JUSTICE J. R. MIDHA, THE JUDGE OF DELHI HIGHCOURT ON 07.07.2021 AT 3:00 P.M.HON’BLE MR. JUSTICE D. N. PATELCHIEF JUSTICEJustice J. R. MIDHA,My esteemed brother and sister Judges,Shri Chetan Sharma, Additional Solicitor General of India,Shri Ramesh Gupta, Chairman, Bar Council of Delhi,Shri Mohit Mathur, President, Delhi High Court Bar Association,Shri Jatan Singh, Vice-President, Delhi High Court BarAssociation,Shri Abhijat, Secretary, Delhi High Court Bar Association,Shri Sanjay Lao, Standing Counsel (Criminal), Govt. of NCT ofDelhi,Shri Santosh Tripathi, Standing Counsel (Civil), Govt. of NCT ofDelhi,Standing Counsels of the Central and State Government,Executive Members of the Delhi High Court Bar Association,Office Bearers of Bar Council of Delhi and other District BarAssociations,Senior Advocates,Members of the Bar,Family members of Justice J. R. Midha,Members of Print and Electronic Media,Ladies and Gentlemen,We have virtually assembled here today to bid farewell toour esteemed colleague Justice J. R. Midha, who is demittingoffice, on superannuation, after a distinguished and fulfillingcareer.I consider it a great privilege to of speak about theimmense contribution made by Justice Midha in the myriadroles he has played both at the Bar and on the Bench.Justice Midha was Born on 8th July, 1959 at Shimla andcompleted his early education from Delhi. After graduating inBachelor of Science in Zoology from the prestigious HansrajCollege, Delhi University in 1979, he studied law at CampusLaw Centre, Delhi University and was enrolled as an Advocatewith the Bar Council of Delhi on August 5, 1982.Justice Midha started his legal practice, under theguidance of Late Sh.Ishwar Das Garg, a well-known civil lawyeron civil side at District Court, Tis Hazari and thereafter workedin Bhasin & Company, a law firm in Delhi. Having established inthe field, he started his independent practice at District Court,Tis Hazari.Deep attachment of Justice Midha, to the field ofacademics, made him take an extra responsibility, of a parttime Lecturer in Campus Law Centre, from 1989-1992 alonghis growing professional career. He was one of the mostadmired teachers and it’s a matter of pride that some numberof his students, who now adorn the Bench and are in the Bar.Justice Midha shifted his practice to Delhi High Court andwas practising mainly on the civil side and was twice elected asMember Executive of the prestigious Delhi High Court BarAssociation.Justice Midha appointed as the Standing Counsel (Civil),Government of NCT of Delhi in May, 2006, and representedGovernment of Delhi in several important matters.Before elevation, Justice Midha was practising before DelhiHigh Court, Supreme Court and other Courts/Forums includingMRTP Commission, National Consumer Disputes RedressalCommission etc.Justice Midha elevated as an Additional Judge of this courton 11th April, 2008 and became Permanent Judge on 6th July,2011.Justice Midha has written a book titled as “Amendments toCode of Civil Procedure in 2002”. He has been often invited tocontribute to National and International conferences, debatesand discussons. He has also written First edition and secondedition of a book titled as “Motor Accident Claims Referencer”in 2011 and 2012.Justice Midha has always been acknowledged for being apleasant yet forthright and upfront person. He is also anoutstanding and hard-working judge known for giving a patienthearing to everyone, which reflects in his landmarkjudgements. This has also resulted in deep admiration andrespect, from the members of the Bar.For the growth of this institution, Justice Midha has alwaysbeen willing to take responsibilities beyond judicial work. Onthe administrative sideof this Court, Justice Midha served as aMember and Chairperson of various committees. He served asa Member of the Administrative and General SupervisionCommittee and Building, Maintenance, Construction andmatters relating to the working of Family Courts Committeeand also served as a Member of Medical Committee. He servedas a Chairperson of Judicial Education and Training ProgrammeCommittee, (JETPC), and Chairperson of Committee ToExamine the matter regarding position of all contractualemployees including outsourced employees from all sources asalso Committee to monitor the functioning of Motor AccidentClaims Tribunal (MACT) and to ensure the compliance of thevarious directions issued in this respect by the Hon’bleSupreme Court of India and High Courts. Justice Midha servedas a chairperson of the Delhi International Arbitration Centreand also served as Chairman of the Committee to considermatters relating to welfare of Judicial Officers etc.Throughout his distinguished career as a Judge, JusticeMidha has delivered many landmark judgements, few of whichdeserve special mention. In the case of, ‘Karan and Ors. v.NCT of Delhi’, Justice Midha secured the right to restitution forvictims of crime, in a batch of appeals concerning a convictionunder Section 302/34 IPC. Justice Midha laid down the detailedsteps to be taken in furtherance of the same. He held thatafter conviction, convicts shall file an affidavit disclosing theirassets, income, and expenditure to enable the trial courts toarrive at the compensation payable to victims. Following theaffidavit, a Victim Impact Report (VIR) shall be filed byDelhi State Legal Services Authority (DSLSA) in every criminalcase after a summary inquiry. Thereafter, the trial courtconcerned shall consider the Victim Impact Report, the payingcapacity of the accused, expenditure incurred on theprosecution and the submissions of the parties to award thecompensation to the victims. The Court has clarified thatDSLSA shall award compensation under Section 357A CrPC,from the Victim Compensation Fund under the Delhi VictimsCompensation Scheme, 2018.In the case of, “Hajara & Ors. v. Government of India”,the Court discussed about the number of false claims/defencesraised by the government in various cases. Justice Midha whilereferring a plea seeking implementation of the NationalLitigation Policy to the PIL Bench, stated that such an act of theGovernment officers is done with impunity since there is noaccountability of any government officer raising such claims.He further noted that Courts seldom act against such officersraising false claims. He further emphasized that the core issueinvolved in the Court cases needs to be focused and the samehas to be managed and conducted in a cohesive, coordinatedand time bound manner with the aim to reduce governmentlitigation in Courts.In the case of, “SUNIL TYAGI v. GOVT OF NCT OF DELHI& ANR”, the Court was dealing with Petitions wherein thePetitioners were declared as “Proclaimed Offenders” withoutfollowing the due process of law. Justice Midha, while settingout detailed guidelines with regard to the procedure ofdeclaring persons absconding from the law as a ProclaimedOffender under Section 82, CrPC, also observed that declaringa person as a Proclaimed Offender leads to a serious offenceunder Section 174A IPC which is punishable for a period upto 3or 7 years. It affects the life and liberty of a person underArticle 21 of the Constitution of India, and it is necessary toensure that the process under Section 82 and 83 CrPC is notissued in a routine manner and due process of law should befollowed. He further observed that once a person has beendeclared as a Proclaimed offender, it is the duty of the State tomake all reasonable efforts to arrest him and attach hisproperties as well as to launch prosecution under Section174AIPC.In the case of ‘RAJESH TYAGI and Ors. vs JAIBIRSINGH and Ors.’, Justice Midha formulated a New Schemefor Motor Accident Claims for speedy resolution of motoraccidents claims. The scheme entailed that the InvestigatingOfficer shall intimate the accident to the Claims Tribunal andinsurance company by submitting First Accident Report (FAR)in Form-1 within 48 hours of the intimation of the accident. TheClaims Tribunal Agreed Procedure formulated with the consentof all the Insurance Companies and Delhi Police provides thatthe police shall complete the investigation of a criminal case,collect the entire evidence relating to computation ofcompensation and file a Detailed Accident Report (DAR) withthe Claims Tribunal within 30 days with a copy to the InsuranceCompany whereupon the Insurance Company shall computethe compensation and offer the same to the claimant within 30days thereafter. If the amount offered by the InsuranceCompany is fair and reasonable, the Claims Tribunal shall passa consent award and the compensation is paid within 30 days.However, if the amount offered by the Insurance Company isnot fair, the Tribunal shall pass an award within 30 daysthereafter meaning thereby that the claimants get thecompensation within 90 to 120 days. The Judgment was agreat step in expediting the payment of proper compensationto Moter accident victims.Justice Midha has rendered all possible assistance that theinstitution expects from a Judge in discharging hisconstitutional obligations and he shall be remembered for hispositive support in all our court related activities as well as thediscipline he mentioned on and off the Bench.Under his leadership, the Delhi Judicial Academy and DelhiInternational Arbitration Centre Academy has conductedprogrammes unabated and somewhat with even more energyin these pandemic times. Justice Midha has also pursuedcompletion of the new DIAC website, and DIAC has publishedits journal and revamped its empanelment rules.The virtues of self-discipline, self-restraint and selfdevelopment, which are the quintessence of Indian dharma andculture, are as fully relevant today as they were at their firstteaching three thousand years ago and Justice Midha hasadopted all these qualities.It is said that a Judge must have the grace to hearpatiently, to consider diligently, to understand rightly and todecide justly with a sense of humility. Justice Midha more thanmeets these test.Justice Midha is a spiritual person and he has proved that”faith” is the soul of “success”. As he prepares to depart fromthis court, I have to say that we will miss him deeply.I extend my best wishes and congratulate his belovedfamily members, Wife: Smt. Kiran Midha, Daughter: Ms.Meenakashi Midha, and Son: Mr. Kapil Midha, both arepracticing Advocate.I, on my behalf and on behalf of all my colleagues wishhim good health and good luck in his future pursuits.Thank You!
Short of sleep for last 13 years: Justice Midha, who passed several key judgments, retires from Delhi High Court
Justice Midha said he was helped by many people when he was young, and started practice in the district courts. He said he had a passion for teaching also and joined the Campus Law Centre from 1989 to 1992.
Written by Sofi Ahsan New Delhi | Updated: July 7, 2021 07:59 IST
After serving as a judge for more than 13 years, passing several landmark judgments and writing books on legal issues, Justice J R Midha of the Delhi High Court will retire on Wednesday.
At a farewell function organised by the Delhi High Court Bar Association Tuesday, Justice Midha said he joined the Bar in 1982 and was elevated to Bench after 26 years in 2008. “When I joined the Bar, I purchased a briefcase and used to travel by bus from Krishna Nagar to Tis Hazari. For two years, I travelled in buses and then I had the occasion to buy a scooter on which I again continued for 5-7 years,” he said, adding that he had never dreamt of rising to such a position in the absence of any legal background or a godfather.
“Today when I look back at my life here in court, I am more than satisfied. I am demitting office with a lot of satisfaction and completeness. I have no regrets in life. I feel as if I had a purpose to come here which I have fulfilled.”
In a judgement released last week, Justice Midha observed that animals have a right under law to be treated with compassion, respect and dignity, while asking the Animal Welfare Board of India (AWBI) to designate areas in consultation with resident welfare associations for feeding stray dogs in the national capital. Stating that it was the moral responsibility of each and every citizen to protect animals, the judge also directed the AWBI to ensure that every RWA constitutes an animal welfare committee.
In December last year, Justice Midha said that victims are unfortunately forgotten people in the criminal justice system, which tends to think more of the rights of the offender than that of the relief to the victims of a crime. He said this while ruling that Section 357 CrPc, which empowers the courts to award compensation to the victims, is mandatory and it is the duty of all courts to consider and pass an order of fair and reasonable compensation in every criminal case. The bench comprising Justice Midha laid down a procedure for the trial courts in Delhi to follow after every conviction in a criminal case.
Recently, Justice Midha also issued detailed guidelines for execution of decrees under the code of civil procedure. He last month also ruled that a foreign state cannot claim sovereign immunity against enforcement of an arbitral award arising out of a commercial transaction.
Justice Midha has also passed significant and well-known judgements on motor accdent claims. In January, the judge constituted a special committee, which will be headed by a judge of the court, to supervise the implementation of a scheme formulated by it for Motor Accident Claims.
“My approach here from my initial days… I take the justice as truth in action so in every case my first endeavour is to find out the truth,” he said on Tuesday.
“For more than 13 years, I have stopped looking at television, I don’t read newspapers except for seeing the headlines. I have never slept completely. I am still short of sleep for the last 13 years. I hope from tomorrow onward, I will sleep. If I had the option, I will sleep for six months and then wake up fresh, but I am more than satisfied,” said Justice Midha while addressing the function.
ustice J.R. Midha joins Galgotias University to transform legal education in India
Greater Noida (Uttar Pradesh) [India], July 13 (ANI/NewsVoir): Justice J.R. Midha demitted office as Judge of Delhi High Court on 7th July 2021, after an illustrious career of over 13 years as a Judge of Delhi High Court.
Justice Midha joined Galgotias University, as an Advisor/Professor, on 12th July 2021, where he shared his vast experience and wisdom with the Faculty.
Dhruv Galgotia, CEO of Galgotias University also welcomed him and said, “Galgotias becomes the first few universities in India to have the honour of the expertise and experience of a senior and well renowned High Court Judge who recently demitted office and joined a private university to uplift their law school and make it at par with the best in the world.” He also added that “His vision is equally followed by the management of the university who are focussed on providing top quality education in India.”
Justice Midha actively initiated judicial reforms to speed up the payment of due compensation to the victims of the road accidents. He has been successful in his efforts to a great extent. The Special Scheme formulated at his initiative provided compensation to victims within 90 to 120 days of the accident. From April, 2010 to July 2012, a total number of 21,830 claims were filed before Motor Accident Claim Tribunals in Delhi out of which, compensation was awarded to the victims in 10,762 cases within 120 days.
Suneel Galgotia, Chancellor Galgotias University also share the same vision of making Galgotias school of law truly world class and said, “Justice J.R. Midha’s vision and the rich experience would be a great asset to this Institution and to the its students and faculty.”
Prior to his elevation, Justice Midha was practising for over 26 years from 1982 to 2008. From 1989 to 1992, Justice Midha was also teaching at Campus Law Centre, Faculty of Law, Delhi University. He taught various subjects including Code of Civil Procedure, Indian Evidence Act, Transfer of Property Act, Delhi Rent Control Act, Limitation Act, Arbitration Act, Motor Vehicles Act, Court Fees Act, Suit Valuation Act, Indian Registration Act and Indian Stamp Act.
Justice Midha also compiled the synopsis and case material on the subjects of “Pleading and Conveyancing” and “Motor Accident Compensation” for the Campus Law Centre. While teaching, Justice Midha organized a Lok Adalat on Motor Accident Compensation in Campus Law Centre in 1991 in which the compensation was computed by the Law students under his guidance and the computation was given to the Lok Adalat Judges in advance to ensure that the claimants get fair and uniform compensation. Justice Midha has written books on Motor Accident Claims Compensation and Amendments to the Code of Civil Procedure.
Justice Midha has had a great passion for teaching law and has the vision to transform the legal education in our country, so that a law graduate is an accomplished lawyer upon completing his law degree. His vision to revolutionize the legal education system in our country with extensive focus on practical training, will greatly benefit the lawyers in the making. Justice Midha is keen to share his rich and incomparable experience from his tenure at the prestigious Delhi University; experience at the bar as an independent practitioner and later as a Standing Counsel (Civil) of Govt. of NCT of Delhi, and lastly as a Judge of High Court of Delhi with the students and teachers of law.
Aradhana Galgotia, Director Operations presented a sapling to Justice Midha and said, “Galgotias University takes immense pride in welcoming Justice J.R. Midha as an Advisor/Professor to their law school and are privileged to have an impeccable Judge, a scholar professor and a man of values to guide them in academics.”
In the words of Justice Midha, Justice is “Truth in Action”. His quotation during his farewell speech “In Court of Justice, both the parties know the truth, it is the judge, who is on trial” has gone viral on social media. He is known as a Judge with Passion, Vision and Compassion. He is also known for development of law by his judgments. Justice Midha passed path-breaking judgments in diverse fields such as maintenance in matrimonial law cases and compensation to victims of crime.
Apart from his arbitration practice, Justice Midha would be teaching law at Galgotias University for about 10 days in a month, in order to fulfil his passion for teaching.
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