Diwali has a special significance for Judge Ajit Swaran Singh

                                                              Judge Ajit Swaran Singh with his wife Subhag (Photo Supplied)

On November 4, 2002, on the auspicious occasion of Diwali, I was appointed as a District Court Judge. By Divine Providence, for the first time in 19 years, Diwali is once again on November 4, 2021.

My retirement and reappointment as a Judge, on an Acting Warrant, during the Diwali season is yet another happy coincidence.

Judicial service over the 19 years has been very rewarding and satisfying. Whilst challenging, the journey has been extremely pleasant. Likewise, rendering almost five decades of community service has given me immense satisfaction.

Judicial Service

Over the last 34 years, as a Lawyer, and then as a Judge, I have witnessed a sea-change in the administration of justice. Previously, the focus was on punitive sentencing to reflect accountability, deterrence and denunciation. In a vast majority of cases, rehabilitation programmes were made available only after sentencing, by way of special release or parole conditions. There was little, if any, incentive for prisoners to undertake rehabilitative programmes after serving sentence.

Judge Ajit Swaran Singh with his mother Pritam Kaur at his swearing-in ceremony on November 4, 2002 (INL File Photo)

Over the years, Courts have steadily answered the calls for transformative changes. I have always been of the view that rehabilitation is best achieved at the outset. It provides the offenders with an incentive to undertake rehabilitation programmes. Undertaking rehabilitation is a mitigating factor, which reduces the length of the sentence. Pre-sentencing rehabilitative approach also provides an offender with further rehabilitation on release or parole conditions.

Rehabilitation beneficial

Rehabilitation is beneficial to the family and the society. Whilst not eliminating the risks, it reduces the risk of further offending. In family violence cases, often an offender will return to the family. If the offender is given appropriate tools to better handle stressful family dynamics, the chances of re-offending are likely to be lower.

Access to justice, protection of vulnerable victims and rehabilitation has been achieved by a combination of judicial innovation and legislative reforms.

A significant judicial initiative is the creation of specialist courts to deal with both the protection of victims as well as rehabilitation of the offender.

Each specialist court provides therapeutic interventions to mitigate reoffending risks, including rehabilitation of alcohol and drug addicts, appropriate support and counselling for homeless offenders, anger management and relationship counselling for family violence offenders, psychiatric and psychological assessment of mentally impaired offenders to determine their fitness to plead or undergo trial, and treatment of mentally disordered patients.

Sexual Violence Court provides speedy trial as well as protection to complainants. 

Youth Court has also adopted therapeutic practices which are less daunting compared to criminal court, including operating in a more conducive environment such as a marae or community centre.

Ajit Swaran Singh with his daughters, sons-in-law and grandchildren: Vasant Patel, Shobita Singh-Patel, Meera Patel, Subhag Singh, Anjeet Kaur Singh, Mayur Bhuta, Avita Bhuta and Siddharth Bhuta (Photo Supplied)

Transformative Model

His Honour Judge Heemi Taumaunu, Chief District Court Judge, has recently announced a transformative Te Ao Marama model for District Courts, inspired by the Maori concept, meaning “the transition from night to the enlightened world.”

Legislative reforms have been in the areas of criminal procedure, sentencing and bail. The emphasis is on rehabilitation, provision of cultural reports, restorative justice, and appointment of communications assistants to support anyone appearing before the court with identified communication needs. Electronic GPS monitored bail and sentences of community detention & home detention provide an alternative to imprisonment, and at the same time reduce risks for the victims.

Access to justice by those who cannot afford to engage a lawyer has been facilitated by the creation of Public Defence Service and the provision of legal aid. With technology, Courts have been able to conduct certain types of hearings by audiovisual link, which has proved invaluable during lockdowns.

Whilst not an exhaustive list, judiciary-initiated and legislative reforms exemplify significant transformative changes. Although extremely challenging, being a Judge during this period of transformative change has been very satisfying and rewarding. I’m pleased I have been able to contribute to it.

With unstinting support and encouragement from my family, including my mother, Pritam Kaur and my wife Subhag, I have been committed to providing community service.

I have been inspired by my father, late Sardar Swaran Singh (farmer, politician and community leader), and my uncles, late Sardar Sarvan Singh (eminent lawyer and Hon Member of Fiji Parliament) and Sardar Lashkar Singh, community leader, former Labasa Town Councillor and retired Social Worker of Surrey, Vancouver.

The late Sardar Swaran Singh, father of Ajit Singh (INL File Photo)

Importance of Education

Our subsistence existence on a small sugarcane farm meant that education was our passport for a secure future. Our family sacrificed all they had for our education. I was very fortunate in having a very supportive family, including uncles and aunties, who inspired me and provided financial support. I was able to supplement my allowance by working after lectures and during holidays as a ticket conductor at New Zealand Railways and a forklift driver in a timber yard.

Having had such experience, I resolved that I would encourage others to undertake higher education so that they may have a secure future for themselves and their families.

Hence, my motivation and commitment to contribute to education, both at University and community level.

From 1976 to 1987, whilst practising law and undertaking postgraduate studies, I also lectured at the University of the South Pacific. From 1992-1993, I was a Criminal Law tutor at Auckland University. Prior to my appointment as a Judge, I was a representative of the Auckland District Law Society (ADLS) on the Auckland University’s Law Faculty Board.

Since 2008, as a Visiting Professor, I provide pro bono lectures at the University of Fiji.

I also send books to the University Law Library, which my friend, Prakash, of Ashabhai, delivers free of charge.

Given my experience as a lawyer, patient advocate, District Inspector of Mental Health, White Ribbon Ambassador and Judge, I have been blessed to have been invited by our community leaders, MSD, EthnicA, UoF, NGOs in India, UK and USA  to participate on community education panels and as Guest Speaker on important social issues, including family violence, mental health, suicide, elder abuse, child abuse and racially motivated crimes.

As a Judge, with the coal-face experience of social issues adversely impacting our society, I earnestly believe that it is important for me to contribute to community education, which I do on a regular basis for almost five decades.

As a mentor, I encourage our youth to take on leadership roles and provide much-needed support for the vulnerable and those who are in need. Our youth are the torchbearers and our future leaders.

Congratulations on Indian Newslink’s 22nd Anniversary and many happy returns!

On behalf of the Swaran Family and Subhag, I wish you all a very Joyous Diwali. May you all be Blessed with good health, infinite happiness and success!

Judge Ajit Swaran Singh is a retired Judge of the Auckland District Court. He has since been re-appointed as a District Court Judge. The above article was written by him for Indian Newslink to mark the completion of 19 years on the Bench and on his 70th Birthday.