New Delhi: At an event organised by the India Today group, former Chief Justice of India Ranjan Gogoi talked about the controversies surrounding him, including his nomination to the Rajya Sabha last year post his retirement and the verdict on the Ayodhya dispute and the Rafale deal.
Responding to a question on whether his nomination to the Rajya Sabha was a bargain for giving decisions in favour of the Narendra Modi government, Gogoi said, “If I were to look for something, would I look for a Rajya Sabha seat?”
“Rajya Sabha is not a good bargain. If there had been a bargain, there would have been something bigger, not the Rajya Sabha seat,” he added.
Gogoi claimed that he came to the Rajya Sabha to do some constructive work and he had made this clear by giving in writing that he will not draw any remuneration for his term in the Rajya Sabha.
He further added that the perception of having taken the Rajya Sabha as a returned favour does not affect him as his conscience is clear.
The former chief justice made a sharp comment about the status of India’s justice delivery system, saying the judiciary was “ramshackled”. He also suggested that he wouldn’t approach courts for relief himself. “Who goes to the court? You go to the court and regret,” he said.
He also commented on Justice M.R. Shah recently praising Prime Minister Narendra Modi on a public platform. “The learned judge should not have made that statement. If he had great admiration for the prime minister, it should have remained with him. Beyond that I cannot answer anything,” said Gogoi. However, he also added that such a conduct by a judge is not indicative of ‘quid pro quo’.
Justice Shah had described Modi as “our most popular, loved, vibrant and visionary leader”.
Also read: Sorry Mr Gogoi, We Need ‘Constitutional Distancing’, Not Court-Government Bonhomie
When asked if he would pursue legal action against Member of Parliament Mahua Moitra over her comments in the Lok Sabha, in which she said that Gogoi discredited the judiciary by deciding the sexual harassment allegations against himself, he replied, “If you go to the court, you would be washing your dirty linen in the court. You will not get a verdict.”
He also added that the “lady politician” (referring to Moitra) is not correct in saying so, as he had handed over the file to the next senior judge, Justice S.A. Bobde, following which an enquiry panel was constituted based on the in-house procedure.
Over the Assam National Register of Citizens (NRC) process led by Gogoi while he was the CJI, he said he has no regrets.
“Court can only do so much and has done it. [I have] No regrets. It [NRC] is a document for future. Analyse it. What is wrong with NRC? Implement it,” said Gogoi.
He also said that the judges should never be cowed down by the media. “Will he ever be able to function if he is afraid of being attacked while in office or after office?” he said.
Gogoi spoke at length about overhauling the judicial system. Suggesting a roadmap, he said, “Have the right man for the job. You don’t appoint judges as you appoint officers in the government. To judge is a full time commitment. It is a passion. There are no working hours. It is a 24*7 job. You wake up at 2 in the morning, remember a point, and jot it down. That is how a judge works. How many people understand this?”
He also pointed out that the commercial courts system and arbitration need improvement so that the economy could function properly.
“Nobody is going to invest unless you have a robust system to decide commercial disputes,” he said.
“Where is the mechanism? Commercial Courts Act has brought within its purview every conceivable commercial disputes. But who is applying the law?” he added.