JUSTICE H.S.BEDI – A GENTLEMAN JUDGE

(Harry Bedi)

Justice Harjit Singh Bedi (Harry Bedi) belonged to a family of agriculturists from Sahiwal (Montgomery), now in Pakistan. He is a direct descendent of Guru Nanak Dev Ji. 17th in line. His father was, Tikka Jagjit Singh Bedi. After partition, his family was settled in Fazilka, a small township near the India-Pakistan Border.

He was born on September 5, 1946. He breathed his last on November 21, 2024. His life journey of 78 years was unique. He joined Bishop Cotton School, Simla in 1954. His school mates have described him in different hues. A man of utter simplicity. He was intelligent, dedicated and committed to his firm views. He was not a man who could be defeated easily on any intellectual matter. He was confident. He was assured. He spoke in a soft manner. He had clarity of thought. He was always among the toppers in his class. He was obedient. He was shy. He was no brawn. Not the daring kind.

Some of his friends of 1962 class have spoken for him and of him. Harry loved his dogs and guns. His love for dogs has continued throughout. They remained with him wherever he went. When the body was brought for the last time on November 22, 2024 at his farm house, one had to see how the pair condoled the death of the master. They were the best bodyguard and protector of Justice Bedi.

In 1960, during the phase of cold war, Khrushchev had made a frightening speech at the United Nations. It culminated with an exhibition of shoe thumping in 1960. It appeared the world was at the brink of another world war. Three friends, Guzdar, Vijay Khurana and Harry decided to write a letter to Khrushchev urging him to show restrain. The three of them sat in a class room with Harry in the centre. The letter was written. Of course, the author was Harry. There was a letter box behind the Headmaster’s office. The letter was duly dropped in the letter box. Two days later, at the dinner time, Fred Brown announced with a smile on his face – Khrushchev come and get your letter, the post man cannot deliver it. Harry got up. Collected the envelop much to the amusement of all around. All in all, Harry has been described one of the finest specimens of a good product that Bishop Cotton School saw past its hallowed portals.

Justice Bedi did his law from Delhi University in 1972. He was enrolled as an advocate with the Bar Council of Punjab and Haryana on July 17, 1972. While being an advocate, he was appointed as Part Time Lecturer in Law in 1974. I was already on the regular faculty since 1969. My association with him dates back to 1974. This 50 years journey was of Togetherness. He taught till 1983- short of a decade. Those were the years when our friendship matured. He was Deputy Advocate General, Punjab from 1983 to 1987. He was given senior’s gown in 1987. He was also appointed Additional Advocate General in which position he continued till 1989. He remained Advocate General (Punjab) till the end of 1990. He was elevated as Additional Judge of Punjab & Haryana High Court on March 15, 1991. He was further elevated as Chief Justice of Bombay High Court on October 3, 2006. Thereafter, the third elevation was to the Surpeme Court on 12.01.2007. I had the a joy of attending all the three swearing in ceremonies. He retired from the top court on 05.09.2011. What a journey ! From an advocate to senior advocate to judge of the High Court to the Chief Justice of the High Court and retired as Judge of the apex court of the country. A happy blend of a lawyer and a judge. His father, Tikka Jagjit Singh Bedi was a judge of Punjab & Haryana High Court who retired in 1969. Now, his son, Jasjit Singh Bedi is adorning the Bench of the same court. Three generations of judges. Doing of justice is flowing in the veins of Bedi family.

I wish to make a confession. When I sat down to weave this Tribute, I was in a dilemma – should I or should I not. My daughter Shruti got married to his son Jasjit on March 1, 2002. I have genuinely experienced him. As a judge (before 2002). As a human being, throughout. I ask myself, what is the difficulty! Therefore, I am sharing what I have experienced.

I took pre-mature retirement from Panjab University in 1991. Joined the Bar. I often use to appear in his court till the year 2001. He was a perfect mix of Socrates Recipe. Hear courteously. Consider soberly. Answer wisely. Decide impartially. His court use to be the lawyer’s court. The lawyers could give their best. The court environment was congenial. It was a learning experience for young lawyers. He was not technical. He was compassionate and humane judge. The young lawyers were encouraged. It was probably December, 2001. My son, Shireesh argued a matter in his court. After he finished, Shireesh was told, young man you have done very well. He gracefully bowed to the Hon’ble Judge. Justice Bedi asked the court master whose son is he? He was told, Balram’s son. Justice Bedi was liberal in his approach.

He remained a judge of constitutional courts for more than 20 years. He was truly an gentleman judge. His court craft. His court management. He would never lose his temper. A judge is measured by the judgments, he delivers. A judge speaks through his judgments. Judgments are not meant to be intellectual pieces of literature. They must speak of the courage, the empathy and the humanism of the judge. Above all, the sense of fairness, of openness and transparency. In Rathinam v. State of T.N. (2011) recorded : “The insinuation that the rich are always aggressors and the poor always the victims, is too broad and conjectural supposition”. This speaks of the balanced mind of Justice Bedi. He could never be easily swayed. In a three judge bench matter of Dasgupta v. Vijay Singh Sengoor (2010), Justice Bedi spoke candidly : “A public interest litigation is to be invoked sparingly and with rectitude and any order made in this situation must be reasonable and must not reflect the pique of the court……..as it is not the court’s business to attempt to run the Government in a manner which the court thinks is the proper way.” Once again, Justice Bedi did not trip into the domain of the government. He believed that judges must realize that they are ‘humans’. To do justice to humans is the best kind of service.

Above all, he was a good human being. During his 13 retirement years, he lived a life of a commoner. He never exhibited his position. Talking to him, one always felt, what a cultivated and well nurtured mind. He was ‘humility wrapped in humanity’. Permit me to be personal. Shruti became a part of Bedi family. Justice Bedi, got a Mandir constructed at the farm house. A Pandit performed the puja at the time of installing the different Idols. What a gesture! Truly, in Guru Nanak’s spirit. We all belong to one human family.

Edmund Burke spoke of : The cold neutrality of an impartial judge. That was Justice Bedi. He would always be remembered fondly. Equally, we would miss him dearly.

Dr. Balram K Gupta
Professor Emeritus

Senior Advocate

Former Director, NJA and CJA