International legal cooperation no longer aspirational but part of daily judicial lives: Justice Kant

handigarh, Oct 17 (PTI) International legal cooperation is no longer aspirational, it is now part of daily judicial lives, Supreme Court judge Justice Surya Kant said iday.

"Let us remember that justice is not a commodity to be hoarded within national borders; it is a universal aspiration. The comity of courts and international legal cooperation are instruments by which we move closer to that aspiration," Kant said while addressing an annual litigation conference on 'Comity of Courts and International Legal Cooperation in Practice' here.

In this tapestry of interdependence, litigation has also inevitably become transnational, he said.

"No longer do disputes confine themselves within the neat boundaries of sovereign states. Assets may be held in Singapore, evidence may rest on servers in Ireland, witnesses may reside in Canada, while the cause of action arises in India. The question then arises -- how do we, as guardians of justice, prevent this interconnectedness from turning into entanglement," he asked.

The answer lies in the comity of courts -- a principle that is not about the surrender of sovereignty, but about mutual respect, coordination, and trust between judiciaries across the globe, Justice Kant said.

Stating that in the 21st century, comity has evolved from a polite gesture to a functional necessity, Justice Kant said, "Without it, cross-border dispute resolution risks descending into chaos: conflicting judgments, endless forum shopping, and erosion of faith in the rule of law." "With comity, however, we create predictability, fairness, and efficiency for litigants who are already navigating the emotional and financial strains of disputes. International legal cooperation is no longer aspirational; it is now a part of our daily judicial lives," he said.

The Supreme Court judge cited a cross-border insolvency case in the matter of Jet Airways (India) Ltd vs State Bank of India (2019), and said the National Company Law Appellate Tribunal (NCLAT) recognised parallel insolvency proceedings in the Netherlands and directed cooperation between Indian and Dutch administrators -- ”a significant step toward cross-border insolvency cooperation.

Citing the challenges, he spoke about conflicting sovereignties, technological complexities and cultural and normative differences.

Speaking about the issue of building a cooperative global judiciary, Justice Kant made some suggestions, including institutionalising regular bilateral and multilateral exchanges between judiciaries to help develop mutual understanding and trust, which form the bedrock of comity.

Training for judges and lawyers in comparative jurisprudence, international conventions, and foreign legal systems must be prioritised, he said.

Also, use of digital platforms for mutual legal assistance, evidence sharing, and even virtual hearings involving parties from different jurisdictions should be explored, he added.

"Establishing a global repository of case studies and judicial approaches to cross-border issues can act as a reference point for courts worldwide," Justice Kant said.

He said he has often witnessed that in the pursuit of precision and procedure, "we allow technicalities to overshadow substantive justice".

"Justice, if it becomes the handmaid of procedure, obviously ceases to inspire trust. This spirit must guide international cooperation as dispensation of justice must never be defeated by the tyranny of technicalities," he said. PTI CHS VSD ARI