Remembering the ‘Gentleman Judge,’ Justice Surinder Singh Nijjar

Justice Surinder Singh Nijjar, former judge of the Supreme Court, breathed his last on March 26, 2021. His death was mourned by even those who do not belong to the legal profession. The legacy left by the ‘gentleman judge,’ as he was fondly called, has the tendency to defy the saying that mortality applies to every aspect of life.

Often commented to be more British than Indian, he always conducted himself with compassion-both inside and outside the courtroom. The corridors of the court would often resonate the talk about J. Nijjar’s clipped accent and polite etiquettes. Though he was famous for his education at London since he was called to the Bar at Middle Temple, a few know that he hailed from a small village from District Jalandhar. He migrated to England at the age of 12 years with his family. His close circle, of which I was fortunate to be a part of, knows that he returned to India because of his affection for his roots. At the time of his return, most of his family stayed back at England where they still live. India was his calling by choice.

J. Nijjar started his practice at Punjab & Haryana High Court in 1977. He was designated as a Senior Advocate in November, 1989. After his elevation to Punjab and Haryana High Court in 1996, he served as a Judge of various courts for around 18 years, including Bombay High Court. Before his elevation to the Supreme Court, he was the Chief Justice of Calcutta High Court. He took a tough stand, especially in issues concerning human rights. He made the then Bengal Government go red in the face by calling the Nandigram firing "illegal". Besides, he granted compensation to the heirs of the deceased victims of said firing at an unprecedented scale. A similar fate faced the Chhattisgarh Government over Salwa Judum, when the Bench comprising J. Nijjar ordered Salwa judum to be disbanded. His elaborate judgment in the 1st Bombay Dance Bars’ case highlights his displeasure for the stereotypical perceptions by the Government and his passion to uphold the right to earn livelihood by women, by considering dancing as just another profession.

However, it was the field of arbitration, that eclipsed all or any other achievement of J. Nijjar as a judge. He is attributed to have brought the paradigm shift in the field of International Commercial Arbitration. Having delivered many landmark judgments like BALCO, Enercon India v. Enercon Gmbh, Reliance Industries Ltd & Ors. v. Union of India, Swiss Timing Ltd. v. Organising Committee, Commonwealth Games, 2010, he ensured that the Indian position of the law becomes consistent with foreign jurisdictions. The expertise of J. Nijjar on Arbitration can be well gauged from the fact that he authored the unanimous judgment on behalf of the Five Judges’ Bench of the Supreme Court in the BALCO case. In his words, it was his desire to see India competing with the likes of Singapore and Malaysia as a hub for international commercial arbitration. Perhaps, this was the guiding force behind his judgments, which were respected even by International commentators like Gary B. Born.

His interests went beyond law. He was an avid reader, a keen walker, nature lover and a connoisseur of single malt. Personally, I admired his sense of humour too, which was subtle yet impacting. I cannot help but recall the look on the face of a lawyer, who while trying hard to convince the Bench, concluded his arguments by saying that “In the end, I would like to say that the three courts below have committed an error in law,” to which J. Nijjar retorted, “well, here is the fourth one, Dismissed!”