The Telegraph
Since 1st March, 1999
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Judge in justice appeal

Calcutta, Nov. 22: From one judge to another: an appeal.

A former judge will say in court that those who sit in judgment can make mistakes, that he himself has erred, then seen light and revised his judgment ' only to ensure justice prevails.

'A judge can always make mistakes, for they are only human. Facts can always be misrepresented and judges misled,' said Justice Bhagabati Prosad Banerjee today. It is with this plea that Justice Banerjee will rest his case when he personally argues before the Supreme Court.

If after this the court is not convinced of his innocence, he will pack his bags, vacate his house and quietly leave the city forever.

Justice Banerjee, who, after a scathing indictment, has been asked by the Supreme Court to vacate his house because of the 'improper' manner in which he had been allotted his plot of land in Salt Lake, will soon file a revision petition.

'I have decided to argue my own case as I believe that my position was not properly represented in the Supreme Court,' he said.

'Either the court failed to understand the submission made on my behalf or my counsel failed to establish my viewpoints. So now, I will prove my own innocence.'

For Justice Banerjee, it will be a role reversal: he will be on the floor, while someone else sits in judgment. 'The first round may not have gone my way, but I am confident that I will get justice after I make them see things from my perspective.'

He harbours no bitterness towards the judges who have handed him this fate. 'I am neither criticising the judges concerned nor do I have any intention of dishonouring their judgment,' he said.

'My only contention is that there is scope for revising their judgment and that is all I ask of them. As a high court judge, there were occasions when I have revised my earlier judgments simply because of my inability to properly assess the legality of the matter.'

Having retired six years ago, Justice Banerjee once again finds himself among his tomes of law books searching for clauses and sub-sections he believes will lead him to justice.

'I am trying to make out a watertight case,' he said.

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