It was during my initial years of practice that I first met Justice B Kamal Pasha, when he was officiating as Principles Sessions Judge, Ernakulam. It was an appeal against conviction under S. 379IPC (Crl App 687/11), and I was seeking suspension of sentence within 5days of imprisonment. He said – nothing doing, that appellant/accused will steal again. I submitted that the accused is recently married, showed the wedding card, and stated that he is expecting a child within 7months – a reformed man. This moved the judge, and he immediately suspended the sentence, without even seeking the report of the prosecutor. (Years later, his brother – B Kalam Pasha J, allowed that appeal and set aside the conviction). The rare empathy showed by Justice Kamal Pasha, in the form of interim suspension of sentence, saved the appellant’s marriage, and my career in criminal law (I am more of a civil guy).
Thereafter, I have consistently appeared before Justice B Kamal Pasha, in Sessions Court and after his elevation, in High Court. J Pasha is a man of simple common sense. He will decide cases on logic and fairness, rather than on strict letters of law. Because of this, in High Court, it was dangerous to appear before him in criminal matters, and more easy to handle in civil jurisdiction. Bold, outspoken and upright, he loved dictating judgments in open court – like a king. Though he had a questionable affinity for limelight and newspaper-recognition, he was a good judge overall.
On his day of retirement, I write this, because he has avowed that he will not take up any government posts hereafter. That is a decision, many good judges shy away from taking, but is a need of the hour to protect the system. He also retired with a blast. In his retirement speech, he criticized the collegium nominees sent for elevation to the Kerala High Court. I had goosebumps, when he said that aloud, in full court reference. It is a matter which many lawyers whispered to each other but never dared to air it in public. Pasha was classic Basha, the character Rajanikanth portrayed, on his day of retirement.
Anyway, I wish Justice B Kamal Pasha, all happiness and peace in his retired life.!
(I am sure he is not done yet, and we will hear more from him)