Justice Abhay S. Oka's retirement has prompted many to discuss his legal contributions. However, beyond his judgments lies a story of mentorship and dedication. As his first law clerk, I had the privilege to witness his commitment to the legal profession firsthand.
In November 2021, I received a call from Justice Oka's personal secretary for an interview. Soon after, I was appointed as his first law clerk, alongside Sanika Thakare. Our journey began on January 1, 2022, at Karnataka Bhavan, amid the third wave of COVID-19.
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Being his inaugural clerks, we understood the responsibility of setting a precedent. Justice Oka's meticulous nature and self-reliance meant we had to match his standards. Initially, our tasks involved drafting briefs and attending virtual hearings, learning to assist a judge who was accustomed to working independently.
During the pandemic, physical courtrooms were closed. Justice Oka, alongside Justice Ajay Rastogi, conducted proceedings remotely. Observing them navigate complex cases in this setup showcased the judiciary's adaptability and Justice Oka's unwavering dedication.
The chambers later moved to 5 Tughlaq Road. With the addition of Varun Dhond and Raoul Sawant, our team expanded, fostering a deeper working relationship. Justice Oka provided feedback, taught us to structure briefs effectively, and emphasized the importance of thorough research over relying solely on synopses.
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Justice Oka preferred dictating judgments orally to his stenographer. He encouraged us to research specific questions and welcomed our input on drafts. Disagreements were addressed through solid research, highlighting the significance of each sentence in judicial writing.
As a first-generation lawyer from a non-NLU background, I recognized the challenges students face in accessing opportunities. I proposed an internship program in his chambers, focusing on students from smaller towns and state universities. Justice Oka agreed, emphasizing the need to provide chances to those whose CVs might not stand out but possess potential.
The program was hands-on, expecting interns to contribute meaningfully. Justice Oka personally briefed them, turning each interaction into a learning experience.
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Justice Oka instilled in us the principle:
"Before you're a mouthpiece for your client, you're an officer of the Court."
He believed that the court must never be approached with unclean hands, and integrity should never be compromised.
He shared an incident from 2002, where, after a favorable ruling in Chandrakant Govind Sutar v. M.K. Associates, he realized he had omitted binding precedents unfavorable to his client. He requested the matter be reopened, cited those decisions, leading to the case's dismissal. Justice A.M. Khanwilkar praised his fairness in the judgment.
Years later, in 2016, Justice G.S. Patel recalled this incident in Heena Nikhil Dharia v. Kokilaben Nayak, contrasting it with an advocate who misled the court by suppressing binding precedent.
Justice Oka's work ethic was unparalleled. During his Supreme Court tenure, he took only one day off. At the Bombay High Court, he had a 12-year streak without leave, commuting daily from Thane to Mumbai. He aimed to clear as many matters as possible, often instructing the registry to add more cases to a "light" cause list.
Late nights were common, with meticulous preparation for each matter. Despite the long hours, the chambers felt like a family, a culture fostered by Justice Oka.
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- 2016 SCC OnLine Bom 9859 ↑
