Development of law collaborative effort of bar and bench: Justice A M Khanwilkar

New Delhi, Jul 29 (PTI)Supreme Court judge Justice A M Khanwilkar, who has been part of several path-breaking verdicts including in the Aadhaar case and the one upholding SIT's clean chit to then Gujarat chief minister Narendra Modi and 63 others in the 2002 riots, Friday said he firmly believe that development of law is a product of a ''collaborative effort'' of the bar and the bench.

Justice Khanwilkar, the second senior-most judge, who penned the recent verdict upholding the Enforcement Directorate's powers to arrest, attach property, search and seize under the Prevention of Money Laundering Act, demitted office on Friday after his tenure of over six years as an apex court judge came to an end.

Speaking at a function organised by the Supreme Court Bar Association (SCBA) to bid farewell to him, the judge thanked his ''professional gurus'', some former judges and senior members of the bar who guided him in his journey in the legal profession.

''It has been a long journey, one would say, of 40 years. I am still trying to grapple with the thought that I just came in the profession and am I still there or I am leaving this profession,'' he said during the function, which was attended by Chief Justice of India N V Ramana, others judges of the apex court and members of the bar.

In his message given to the members of the bar, Justice Khanwilkar said he has been associated with the dispensation of justice for four decades, as a lawyer first for over 16 years, and then as a judge for over 22 years.

''I have immensely benefitted from the assistance rendered by the bar. The Supreme Court Bar Association and its member hold an important position in the history of the highest constitutional court of our country,'' he said. ''I firmly believe that the development of law is a product of a collaborative effort of the bar and the bench,'' Justice Khanwilkar said.

He said for the lawyers of the future, his word of caution is that wherever they practice, they must abide by the higher morals of law and life.

Justice Khanwilkar said this profession has given him a lot.

''….today, whatever recognition is there, it is because of this profession and the heights which I could achieve, to the extent possible, is all because of the strength of the Supreme Court Bar Association, where I practiced and I was a member, and the Supreme Court Advocates-on-Record Association (SCAORA),'' he said.

He recalled that when he was an office bearer of the SCAORA, they hardly had members and they used to persuade advocates-on-record to become members of that association.

''The number has now swelled to 2,500, I am really glad about that,'' he said, adding, ''When we talk about SCBA, I was really impressed to see that the membership is now 15,000 which is almost like a constituency for a corporation election.'' He also recalled his journey in the legal profession which had started in Mumbai.

''I have already completed 22 years and four months exactly as on date and during this time, whosoever really guided me, I am grateful to all of them, be it my professional gurus…..Everyone really guided me and that is how I reached this destination,'' he said.

He also thanked his colleagues and his team, including his juniors.

''I was taking inspiration from all of them who worked with me,'' he said.

Justice Khanwilkar was part of several constitution benches of the apex court which delivered important judgements. One of the landmark verdicts was the September 2018 judgement in which the top court held as ''irrational, indefensible and manifestly arbitrary'' section 377 of the Indian Penal Code (IPC) that criminalised consensual gay sex. The constitution bench, which held consensual sex among adult homosexuals or heterosexuals in private space is not a crime, had struck down part of the British-era law that criminalised it on the ground that it violated the constitutional right to equality and dignity.

Justice Khanwilkar was also part of a constitution bench that declared the Centre's flagship Aadhaar scheme constitutionally valid but struck down some of its provisions, including linking it to bank accounts, mobile phones, and school admissions.

Born on July 30, 1957, in Pune, Justice Khanwilkar did LL.B from a law college in Mumbai.

He was enrolled as an advocate in February 1982 and later appointed an additional judge of the Bombay High Court on March 29, 2000.

He was appointed the Chief Justice of the High Court of Himachal Pradesh on April 4, 2013, and later the Chief Justice of Madhya Pradesh High Court on November 24, 2013.

Justice Khanwilkar was elevated as a judge of the Supreme Court and he assumed charge on May 13, 2016.