A man of great legal acumen and perceptibility, Surya Prasad Mishra is currently the Advocate General of Odisha, the post to which he was elevated on October 22, 2014. He has inherited a large cultural legacy by being born to a culturally progressive family of Cuttack. His father late Ananta Mishra was the proprietor of Cuttack Student Store and his mother late Annapurna Mishra was an eminent litterateur and a Sahitya Akademi Award winner. He joined the Bar in 1977 under the guidance of Justice Purna Chandra Mishra, a former justice of Orissa High Court. He took to law as a fish takes to water. He has travelled extensively and intensively through the innumerable labyrinthine lanes of law and came out with flying colours in various courts. He was Additional Government Advocate from 1995 to 2001 and conducted cases of the State both in Orissa High Court, Calcutta High Court and in the Supreme Court. He has also conducted cases for various corporations of the State such as IDCO. IPICOl, OPGC and OCC, Cuttack Municipal Corporation, Baripada Municipality, Rourkela Municipality, Keonjhar Municipality, life Insurance Corporation of India, Utkal University, OUAT, North Odisha University and some other organisations of repute. During all these years of his eventful legal carrier, he handled cases relating to civil, criminal, Constitutional as well as various other subjects including matters relating to companies and arbitration. He was a member of the Bar Council of Odisha for two terms. He was designated as a Senior Advocate in 2005 and assigned the post of Director, lawyers’ Academy Orissa. He was also the president of the Orissa High Court Bar Association. In an interview to The Pioneer, Mishra spoke to Sugyan Choudhry at his chamber at the Orissa High Court.
Pendency of cases is increasing by every passing day in the Orissa High Court. Justice delayed is justice denied. What are the plans on the court’s and on the Government’s agenda for delivering speedy justice to the peopleIJ
Pendency of cases are in the High Courts, trial courts and in the Supreme Court. Throughout the country, the picture remains the same. One of the reasons for the increasing cases, as far I understand, is the coming of various statutes in a subject. The more are the subjects, the more the statutes. Hence, more number of briefs will generate for filing of cases for the people to ventilate their grievances. And one thing you can take from me, the cases will be disposed of if the clients want them to be disposed of, if the lawyers want them to be disposed of and if the judges want the matter to be heard and taken up, the disposal of cases can be effected. There are also a number of vacancies in the High Courts and in the Supreme Court. The High Courts and the Supreme Court are trying to fill up the vacancies at their earliest; and I think the exercise has begun. The vacancies will be filled up soon.
Judiciary is the fulcrum round which everything turns round. Then, why neither the State Government nor the Central Government is taking adequate steps for filling of the vacancies and inviting intermittent lawyers’ strikesIJ
Regarding appointment of judges, the Government has little role to play. Neither the State Government nor the Central Government can do anything in this regard unless they are called to do so. The prerogative lies on the judges of the High Courts and the Supreme Court. The judges of the High Courts, through collegiums, can recommend the names of the persons to be appointed as judges. The collegiums are active both in the High Courts and in the Supreme Court. They are certainly doing the needful in this regard. Of course, the Government is always extending a helping hand whenever the judges want it.
As regards the collegiums system for selection of judges, do you think it requires some remedial measuresIJ
As regards the current system of collegiums, I think it is the best system by now. But if any change is made to make it more convenient for judges regarding selection of judges through collegiums systems through consensus by the judges themselves then it will not be objected. But as you know a judgment of the Supreme Court has turned down the proposal of a change in the collegiums system by the Central Government, the debate is still going on at the Central Government and at the Supreme Court level. I don’t think I should comment on it at this stage as it is not desirable on my part to do show. The matter is still pending.
litigations have now become a costly exercise. How do you think the legal aid system for the poor is workingIJ
legal aid for the poor is being expedited by both the State and Central Governments. The Supreme Court has got it widespread. The High Court is also expediting the legal aid system for the poor; and we have been successful in ensuring legal aid to the poor in many areas. Disposal of cases has increased in many areas through the legal aid system. Of course when the cost of leaving is getting to the higher side, the cost of litigation has also increased. But if the advocates come to help the poor, the cost will be reduced as well.
What is your response to judicial activismIJ
It is an important instrument for speedy implementation of aid to the society at large. The monitoring of the repairing works of the Temple of lord Jagannath is an example in this regard. Judicial activism sometimes hastens the process of development in the society and has a vital role to play.
As a legal luminary of the State, what is your response to the proposal of impeachment against the Chief Justice of IndiaIJ How far it is healthy for the judiciaryIJ
Well, I don’t want to make any comment on it as in the latest news the proposal of impeachment has been turned down by the Opposition. Hence, there should not be any headache without any head.
What is your considered opinion on the recent judgment of the apex court on the SC/ST atrocity caseIJ
In my opinion, the print and electronic media should go through the entire judgment and not do so by going through it in a haphazard manner. The aggrieved persons should also read the judgment thoroughly and completely. If they are still aggrieved then they can file an application to the same authority for a review of the judgment. But there should not be any agitation without getting essence of the judgment.