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As Citizens for Justice and Peace joined the late Justice PB Sawant’s family and friends to celebrate his illustrious life and fond memories on the occasion of his birthday, several jurists, legal luminaries and senior activists in the social justice and human rights movement had significant insights to offer, into his life and contribution to Indian public life.
His son and lawyer Vishwajit Sawant started off the meeting saying ‘Welcome to the Party’ as he called it wishing Justice Sawant ‘a happy birthday’ and urging people to celebrate his free-flowing ideas, thoughts which were the greatest source of tonic to him.
Justice BN Srikrishna, a well-known jurist and retired Supreme Court judge, also author of the famed Justice BN Srikrishna Report into the communal violence that broke out in Bombay post Babri Masjid demolition in 1992-83, was one of the chief speakers. Referring to Justice Sawant’s command over 10 languages, he commended that close to 300 people joining the memorial meet on zoom attributed to him and legacy. While speaking, he recalled one of his first memories of Justice Sawant who, as a practicing lawyer, never lost his cool while arguing. His first impression of Justice Sawant was that of a “gentleman at its core, with passion in his heart”. He believed Justice Sawant to be deep rooted in constitutional principles and committed to the Constitution. Another great quality of Justice PB Sawant was that he was passionate about mentoring youngsters and he hoped that his desire to train youngsters will make this nation a better place. He was known as Satyashodhak, a seeker of truth.
The next speaker, Justice Arvind Savant, former Chief Justice of the Kerala High Court, said that each individual learnt something new and precious from Justice Sawant. Even post retirement, he was at his desk, focused on public grievances and that his sheer brilliance, dedication and hard work, led him to become a Supreme Court judge. Justice Savant recalled how Justice PB Sawant was always concerned about Consumer Cooperative Societies, Trade Unions, Dalits and the underprivileged. Finally, Justice Arvind said that the late legal luminary left an indelible mark on whatever field he worked in.
Justice Ajit Prakash Shah, former Chief Justice of the Delhi High Court and the former Chairman of the 20th Law Commission of India noted that Justice Sawant always sought justice-oriented solutions, and had a good sense of humour. He opined that it was India’s great loss to not have him become the Chief Justice of India. “His liberal and activist views about the underprivileged might have worked against his elevation at the Supreme court”, he opined. Two most important contributions of Justice Sawant was in his participation in the probe into corruption allegations against former Supreme Court judge, Ramaswamy and also the Concerned Citizens Tribunal Report—Crimes Against Humanity, Gujarat 2002. More than one speaker referred to the criticality of the Gujarat 2002 tribunal report. Justice Sawant’s espousal of the need for media independence and autonomy was also a significant contribution, said Justice Shah,
He further added that Justice Sawant recognised media rights as significant rights for protection of civil liberties. His post retirement work was an extension of his judicial career meant to uphold democratic ideas. Justice Shah, very passionately added, “Justice Sawant was the modern torch bearer of the satyashodhak parampara. The beliefs espoused by Jyotiba Phule and BR Ambedkar. His work and beliefs should inspire every High Court and Supreme Court Judge….He was a voice of conscience.”
Kumar Ketkar, a journalist, eminent writer and currently member of the Rajya Sabha, who was also part of the evening’s memorial, found Justice Sawant to be an extremely fearless man, as a judge as well as a lawyer. He also felt sorry for the dilution of media integrity. “A completely selfless man, he was convinced about the idea of justice”, said Ketkar.
Senior Advocate Aspi Chinoy celebrated Justice Sawant as a man, with a very strong social and political conscience, coupled with clarity of thought and a forthrightness which we all lack in today’s times. Chinoy stated that Justice Sawant’s career as a Supreme Court judge spanned a decade of law and that his personal growth increased after retiring. He highlighted the Elgar parishad event and saluted his courage to be part of a cause like this, and to sponsor the entire event along with Justice Kolse Patil.
Senior Advocate Chander Uday Singh, praised Justice Sawant for his erudite handling of legal, technical issues of each case while grounding his judgements in fundamental principles of the law. Justice Sawant had a knack of getting straight to the core of a case (problem) and finding solutions for it. “He had a great talent of writing judgments, he could reach the core of the matter, find solutions and then articulate all this; something which is a rare art and reflected in all his judgments,” said CU Singh.
He particularly elaborated on two significant judgements that significantly impacted for years the rights of workers and labour law: one was the 1982 HC Bombay Maharashtra Private Security Guards Act challenge (Justice PB Sawant), Tradesvel Security Services Pvt.v/s State Of Maharashtra delivered on November 2, 1982 ( Equivalent citations: (1982) 84 BOMLR 608). This judgement got the stamp of approval of the Supreme Court for decades and again in 2014. The second is the case of Blaze Advertising (Industrial Disputes Act) (under the Maharashtra Recognition of Trade Union and Unfair Labour Practices Act) where, in 1985, apart from laying down the law and a reading of the act, Justice PB Sawant held significantly that when protesting workmen utter slogans like “Maalik chor hai” etc in slogans they are not doing so as a form of abuse but are decrying the stealing of their rights by the owners. Senior counsel CU Singh commended the fact that even this judgement of a single bench of Justice PB Sawant held sway until a division bench of the Supreme Court reversed it in 2016.
Calling Justice PB Sawant the “live portrait/picture of a saint”, Justice BG Kolse Patil, former judge of the Bombay High Court, said that India would have benefited to have Justice Sawant as the Chief Justice of India, who never compromised with his ethics, principles, and commitments. Justice Kolse Patil was Justice Sawant’s lieutenant in a sense, they launched the land rights movement together in Maharashtra as also were co-sponsors of the December 2017 Elgar Parishad at Shaniwardada in Pune. Justice Kolse Patil was emotional when he spoke of the great personal loss that Justice Sawant had caused him and the wider movement for democratic rights.
Senior educationist Dr. Bhalchandra Mungekar, called Justice Sawant a “moral authority”, who has left us at a turbulent time given the socio-political environment of India. “He was a genuine social thinker whose defining attributes were courage, conviction and compassion”, added Dr. Mungekar. He also revealed that during the time Justice Sawant served as the Chairman of the Press Council of India, it was the golden period of upholding civil liberties. He hated poverty, injustice, pompousness and was so proud of Dr. Ambedkar and what he did for the nation.
Senior Advocate Mihir Desai highlighted how his judgment related to the Workmen’s Compensation Act and the final amount of compensation to be provided to workers showed his compassion for the working class. Further, Desai highlighted the Elgar Parishad event not just as a Parishad but as a gathering of 250 Dalit organisations that come together every year in Maharashtra, to assert their rights as Dalits. “He showed compassion at the ground level”, said Mihir. He was a rare judge who was willing to work among the people, said Desai.
Senior social worker Baba Adhav graced us all with his presence and said at the outset, “will not offer my condolences on his birthday. I will celebrate how he was a Satyashodhak (seeker of truth) and Samvidhanwadi (stood by the Constitution). He further revealed how Justice Sawant, in his last days, was pained by the recent attacks on the Constitution by fascist elements. Baba Adhav reiterated the humanist side of Justice Sawant, his understanding towards people’s grievances and paid respect to his idea of having a temple dedicated to the Constitution in every village of Maharashtra to honour the Constitution of India.
Senior Advocate Mohanrao Patil said that Justice Sawant voluntarily decided to work for the peasant and labour party for a minimum amount of remuneration even before he joined the Bae. Celebrating his commitment, Patil said, “Justice Sawant’s end goal was to administer justice or make sure that justice is served. This concern on his part was more intensified after his retirement as a judge. Instead of leading a peaceful retired life, he was involved with social causes, and this he did till the very end of his life.”
Senior Educationist and Executive Principal of Shankarrao Chavan Law school Bhausaheb Jhadav, stated how retired Justice Sawant was happy about the moot competition that was started in the law school after his name in 2013. He also revealed how Justice PB Sawant encouraged students from rural backgrounds to join such competitions for their overall development.
Citizens for Justice and Peace Secretary, Teesta Setalvad recalled regular phone calls from Justice Sawant to her , when he would ask, “Where are you and how are you?”. He followed CJP’s work closely especially related to minority rights, the land rights of Adivasis and forest dwellers as also the huge citizenship driven humanitarian crisis in Assam. She continued, “He had an unwavering faith, and always said that we must reach out to people. He kept asking questions, seeking answers and building bridges. A man deeply worried about India’s state and society, and the breakdown of institutions, Setalvad added that Justice Sawant’s work needs to be read, his words need to be heard, and his life needs to be celebrated. She said that he had inspired over 75 meetings and tribunals that the two had worked on closely together and constantly advised that we step up our outreach using various methods like podcasts, meetings, etc. She also paid her respects to his wife, Jayshree Sawant for her undying support and love. Justice Sawant was a people’s man and a just judge, said Setalvad.
“In 2004, then 2010 when the first set of false and malicious cases began to pile up against me, he was instrumental in heading the Committee in defence of me and other activists fighting for justice for the Victims of the Gujarat 2002 Pogrom,” explained Setalvad. “The three weeks spent with him in Gujarat as we criss-crossed districts, Ahemdabad, Godhra, Vadodara, Ankleshwar, Sabarkantha and the months thereafter completing the Concerned Citizens Tribunal Report, (CCT) Crimes Against Humanity report –of which I was a Convenor–were a Master Class in human rights and legal Education: our best minds, Jus PB Sawant, Justice Hosbet Suresh, KG Kannabiran and of course Sone Pe Suhaga (the icing on the cake), Justice VR Krishna Iyer. Justice PB Sawant’s masterpiece was the 4,500 word Secularism and the Constitution that finds place in Volume II of the report. Both he and Justice Suresh were in the UPA years that followed our spearheading vanguard in attempting to get a Prevention of Targeted and Communal Violence Law passed: a project aborted because of lack of political will and courage,” she added. .
Lastly, in a truly heart-warming moment, Justice Sawant’s only granddaughter Gavati Wad spoke on behalf of her and his five grandsons of Justice Sawant calling him “versatile, liberal, and open-minded.” Despite his mountainous personality, she said that he made everyone feel at home and taught them the virtues of discipline, patience and love. She quoted him saying, “The conclusion I have come to in life is humanism. Nothing else matters but humanism. You have to be human and rational in dealing with anything.”
A Video in Tribute and an audio visual by the family were also shown.
The You Tube of the Memorial meeting may be viewed here:
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