In an exclusive interview with News 24, Former Chief Justice of India (CJI) B.R. Gavai speaks with legal correspondent Prabhakar Mishra, where he shared his views and insights on the judiciary, government, and media. Here is the full excerpt.
Q- Sir, how is life going post-retirement?
Justice Gavai: It is going well.
Q- Pollution levels are high in Delhi, and the matter was also in court. What do you think is the reason?
Justice Gavai: It is not good enough to talk about pollution only when it increases at the time of Diwali. The posts are lying vacant, and there are no people in the department which has to work to curtail pollution. How will the court order be followed?
Q- Any verdict delivered by you that is close to your heart?
Justice Gavai: The verdict related to bulldozer action, and the decision related to sub-classification in SC/ST reservation.
Q- Is there any kind of pressure from the government on the judiciary? I know your answer will be negative, but many people do believe that there is pressure.
Justice Gavai: There is no pressure. Look at my delivered judgments. I have given decisions in favour of the Opposition too. In the case regarding the membership of an Opposition MP, I ruled in his favour. It is not necessary that all verdicts are against the government.
Q- Does the government interfere in the appointments of judges?
Justice Gavai: The government does not interfere in the appointments. But the collegium does have to consider the objections raised by the government.
Q- The appointment of a judge (Justice Pancholi) was done despite a member of the collegium not approving his name?
Justice Gavai: Yes, it was taken into consideration. The other members of the collegium were in favour of his appointment, and the decision was taken by majority. It is the normal procedure.
Q- In Justice Yashwant Varma’s case, nothing has happened so far. Don’t you think that it raises questions about the credibility of the judiciary?
Justice Gavai: The Supreme Court has to function according to the Constitution, and the top court followed the procedure. If the government believes that the process is not appropriate, it can make changes, but it has to ensure that the autonomy of the judiciary is maintained.
Q- An Allahabad High Court judge (Justice Shekhar Yadav’s ‘Kathmulla’ remark) made comments against the Constitution, and the entire nation heard it. People anticipated that the Apex Court would take action, but nothing happened?
Justice Gavai: The collegium had recommended action to the government. Action should have been taken against him, but it did not happen.
Q- While granting bail to the former Delhi Deputy CM, you had said that courts had forgotten the principle that “bail is the rule, jail is the exception.” Sir, still people have been in prison for five years and are waiting to get bail.
Justice Gavai: Each case has its own facts. Judges’ views also differ. This case is pending before the court, and the hearing is ongoing, so I cannot say more on this.
Q- Sir, when you talk about the concept of the creamy layer in SC/ST reservation, you mention that it will benefit the needy people of those communities, but a few people oppose it. An IAS officer even said that his son should continue to get reservation until a Brahmin gives his daughter in marriage to his son.
Justice Gavai: I have seen Dalit officers marry girls from upper castes. I do believe that there should be a ‘creamy layer’ system within SC/ST reservation. This will ensure that the benefits of reservation reach the needy people among SC/ST communities. I had said this in my verdict too.
Q- Dignity of the Supreme Court: For almost two decades, I have been reporting on the Supreme Court. I witnessed people bow their heads in front of the Supreme Court building just as they do before a temple. I have seen people remove their shoes and slippers before entering the courtroom, as if entering a place of worship. I have seen plaintiffs stand in the courtroom with folded hands, in a position of offering prayer. But today, some people pass indecent remarks against the same court and the same judges. What do you think is the reason behind this?
Justice Gavai: I believe social media is responsible for this. There is a particular lobby that trolls judges, which is not right. Court verdicts can be criticised, but trolling is unacceptable.
Q- You have always maintained that you will not take any government post after retirement. Why is that? Many people try all kinds of ways to get positions post-retirement.
Justice Gavai: From the beginning, I had decided that I would not accept any post after retirement. I cannot comment on others.
Q- Do you think the retirement age of judges should be increased?
Justice Gavai: I don’t think there is any need for that. Yes, the retirement age of High Court and Supreme Court judges should definitely be the same.
