Tribute to Justice Shailendu Nath Phukan

Justice Shailendu Nath Phukan started his career in Assam judiciary in 1963 as a Munsif after practising as an Advocate for a brief stint. I was of his batch. I was posted in Shillong after serving as a Munsif for a few years and Phukan also joined in Meghalaya Govt as an Under Secretary.We met frequently. Normally he used to come to my court chamber in Shillong with his friend B. P.Singh, I.A.S who was also an under secretary and who later became India’s home secretary and also a governor of a state after retirement. We used to talk on various subjects as young officers over a cup of tea. Those were pleasant days.

Phukan was very amiable gentleman, sober, calm and quiet, punctual, well dressed and strict but his heart was soft and flexible. He had sharp legal acumen from his young days. He rose step by step to the level of high court judge, elevated as chief justice of two High courts and finally elevated to the Bench of Honourable Supreme Court.

I visited his residence at Jorhat when I served there as District Judge. We ended our service career in Assam Human Rights Commission where he was the Chairperson and I was a member. Phukan’s wife predeceased him. He left behind two sons and two daughters, sons-in-law and grandchildren, host of relatives and friends to mourn his death.

We pray to the Almighty God for eternal peace of his soul and express our condolences to the members of his bereaved family on his Adhya Shraddha.

Abdul Mazid

Retd. District judge

The news of sudden demise of our most beloved Justice Sailendu Nath Phukan, whom we fondly called as ‘Moni Da”, was appalling to me. From my very young age, I was inspired by the personality and charisma ‘Moni Da’ carried. It was he who inspired me to pursue the study of law and to join the legal profession as a lawyer. I always considered him as my role model.

After his elevation as a Judge of the Gauhati High Court, I, as a new entrant in the field of law, had the opportunity of appearing before him to argue cases as a lawyer. Justice Phukan gave a patient hearing and always was supportive and encouraged the new entrant to this profession. Till date, I have not come across any person, who is even remotely connected to the justice delivery system, who did not speak good about Justice Phukan. Though he is from a very illustrious family of Assam, which rendered selfless service to the nation, more particularly, in upholding the rule of law, Justice Phukan never had any ego or suffered from the ‘I’ syndrome. He was an outstanding and dynamic Judge and made a huge impact in the field of judiciary.

After Justice Phukan laid down his office as a Judge of the Supreme Court of India, I had the opportunity of working with him very closely, when Justice Phukan appointed me as a Senior Counsel of the Commission of Inquiry constituted to enquire into the aspect of Tehelka Tapes, of which he was the Chairman. We noticed his capabilities of controlling the proceedings, where the legal stalwarts like, Soli Sorabjee, Shanti Bhushan and others appeared and argued. We have always been inspired by his in depth knowledge on various and different aspects of law. Being a Senior Counsel of the said Commission, I could learn a lot from Justice Phukan.

After I was elevated as a Judge of Gauhati High Court I sought his blessings, when Justice Phukan had one and only important advise to me • develop the art of listening the arguments of the learned Advocates and do not try to impose your view and persuade the learned Advocates to accept the same. He had also advised me not to stop the learned Advocates from arguing as they are engaged to place their arguments and the Judges are required to give a patient hearing to them and decide the proceedings Impartially, legally and without showing any undue favour to anyone. The said advice had helped me a lot in discharging my duties and functions as a Judge.

Justice Phukan was known and will ever be remembered as a Judge of the common people. The judgments pronounced by him while he was a Judge in the High Courts of Gauhati, Himachal Pradesh, Orissa and the Supreme Court of India speak volume about Moni Da’s concern for the Rule of Law, The contribution of Justice Phukan for development of law in the North Eastern States as well as the love for the People, in his capacity as Law Secretary of the Government of Meghalaya and thereafter as a Judge of the Gauhati High Court, would always be remembered. He had made huge contribution for the judicial upliftment of the State of Meghalaya and was instrumental in framing various laws after the State of Meghalaya was created in the year 1972.

Justice Phukan always had the desire and willingness to help the people in need. He was a very kind hearted person. Justice Phukan was involved in various social organizations, which were formed for the good of the common people. Few days before his sad demise, I had a telephonic conversation with Moni Da and he commanded me to become the Chairman of a Trust created to uplift, propagate and spread the great cultural heritage of the North East region, which naturally I could not refuse. The demise of Justice Phukan is a loss to the nation. It is a personal loss to me.

I pay my respectful homage to the departed soul and pray to the Almighty to grant his soul eternal peace. May God give enough strength to the members of Justice Phukan’s family to bear the great loss they have suffered. Moni Da you will always be In our heart and forever be fondly remembered.

Justice (Retd) BP Katakey

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