New Delhi/Alive News: Former Supreme Court judge Justice Sanjay Kishan Kaul has said governments have traditionally preferred judges who agree with their views. He stressed that the judiciary must protect its independence and make decisions without government pressure.
Speaking during a discussion about his upcoming book, Without Fear or Favour, Justice Kaul also criticised former Chief Justice of India DY Chandrachud’s approach to judicial appointments. He said the collegium should make independent decisions and avoid seeking the government’s approval in advance.
Differences Over Judicial Appointments
Kaul said he shared a good personal relationship with Chandrachud but differed with him on judicial appointments. He stressed that delays in appointing judges could discourage qualified lawyers from joining the judiciary.
He also clarified that he was not mentoring Saurav Das, leader of the Cockroach Janta Party. He said they had met a few times when Das was working as a journalist. Kaul added that he had advised him to exercise restraint in his language.
Article 370 and Jammu and Kashmir
Reflecting on the Supreme Court’s 2023 verdict upholding the abrogation of Article 370, Kaul said he approached the case as a constitutional judge, keeping his personal background separate from his judicial responsibility.
He also supported an impartial truth and reconciliation commission to examine human rights violations in Jammu and Kashmir by state and non-state actors.
Bail and the Role of Courts
Kaul expressed concern over prolonged imprisonment before conviction, saying it could become punishment in itself. His remarks came amid concerns over bail pleas by Umar Khalid and Sharjeel Imam, accused in the 2020 Delhi riots conspiracy case.
He also defended the Supreme Court’s approach in the Rafale fighter jet deal case, saying courts should not replace the government’s decisions in defence procurement.
Kaul said courts must protect the Constitution and examine legal questions rather than serve as tools for political battles.
