Former Supreme Court judge Sanjay Kishan Kaul said that governments have always liked judges who agree with their views. He said that the judiciary should stand firmly to protect its independence. Criticizing former CJI DY Chandrachud’s approach to judicial appointments, Kaul said the collegium should take decisions independently and avoid seeking prior approval from the government. He said these things during the discussion about his upcoming book ‘Without Fear or Favour’. Former Supreme Court judge Justice Sanjay Kishan Kaul has clarified that he was not mentoring Cockroach Janata Party leader Saurav Das. He said he had met her only a few times as a journalist and advised her to exercise some restraint in her language, which often varies between generations. Highlights of SK Kaul’s interview… On removal of Article 370: While giving the verdict in the case of removal of Article 370, he considered himself not a Kashmiri Hindu but a constitutional judge. His family had suffered the pain of the partition of 1947, but did not let personal experiences overshadow the judgment while doing justice. In December 2023, he was part of the five-judge Constitution bench that upheld the decision to remove Article 370. On violence in Jammu and Kashmir: It is important to acknowledge the incidents of violence and human rights violations that have taken place in Jammu and Kashmir for a long time. He suggested creating an impartial Truth and Reconciliation Commission to investigate violations committed by state and non-state actors. According to him, it is necessary to accept mistakes to provide justice and peace of mind to the victims. On Rafale aircraft deal: Defending the Supreme Court’s decision on the Rafale aircraft deal, he said that the court cannot impose its decision in place of the government’s decisions in defense deals. At the same time, on the viral picture with Cockroach Janata Party leader Saurav Das, he clarified that it was a picture of a year old Diwali meeting. It had no connection with Das’s party or its ideology. On meeting CJP leader Saurav Das: He had met Cockroach Janata Party (CJP) leader Saurav Das once or twice as a journalist. About a year ago, a photograph was taken with him at a Diwali event, which is being misrepresented. Das was only advised to exercise restraint in his language. He refused to give any specific advice to CJP workers on the method of agitation. On the appointment of a gay judge in the Supreme Court: The real reason for the delay in appointing senior lawyer Saurabh Kripal as a judge of the Delhi High Court was the government’s objection to his being gay. The government felt that the country was not yet ready to accept a homosexual person as a judge. Kripal never withdrew his consent to become a judge, but the government did not approve the appointment and the collegium also did not withdraw the recommendation. Kaul called it a loss for the judiciary. Saurabh Kripal’s name was recommended by the Delhi High Court in October 2017 and the Supreme Court Collegium in November 2021. In November 2022, the Central Government sent back the file objecting to this recommendation. After this, in January 2023, the collegium again recommended his name, but the appointment could not be made. Former CJI DY Chandrachud: Had good personal relations with former Chief Justice DY Chandrachud, but he had different thinking in the matter of appointment of judges. Chandrachud sometimes became soft in presenting his position strongly before the government. On appointment of judges: Appointment of judges in the High Court and Supreme Court should be done quickly, so that qualified lawyers are ready to accept this responsibility. The long and complex recruitment process may turn out good candidates. It is important to give information to the government, but appointments should not be stopped because of this.
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जस्टिस एसके कौल बोले-सरकारों को सहमत जज पसंद आते हैं: कहा- कॉकरोच पार्टी के नेता सौरव दास का मेंटर नहीं,वह पत्रकार के रूप में मिले
