[01/10, 07:20] sekarreporter1: [29/09, 19:22] sekarreporter1: Justice Katju
My reply to Justice Swaminathan
By Justice Katju, former Judge, Indian Supreme Court, and former Chief Justice of Madras High Court
Justice GR Swaminathan is a Judge of the Madras High Court, and what I have learnt is that he has a very high reputation for his integrity and legal knowledge.
However, he has written an article in which he has said there was nothing wrong in the Chief Justice of India, Justice Chandrachud, inviting Prime Minister Modi to his residence for doing Ganesh puja.
I regret I have to disagree with Justice Swaminathan on this issue. In my opinion it was highly improper both for the CJI to have invited PM Modi for this purpose, and also highly improper for the Prime Minister to have accepted such an invitation.
Justice Swaminathan in his article has stated that the then Chief Justice of Bombay High Court, Justice MC Chagla, used to often meet the then Chief Minister of Bombay Morarji Desai, and then Chief Justice of India Gajendragadkar often met the then Prime Minister Lal Bahadur Shastri. From these examples Justice Swaminathan has sought to establish that there was nothing wrong in the PM meeting the CJI.at the latter’s residence and doing Ganesh puja there.
However, as I have pointed out in my interview by journalist Neelu Vyas, there would be nothing wrong in meetings between the PM and the CJI if they are to discuss matters concerning the judiciary e.g. whether the strength of Judges, or their salaries, should be increased, or new courtrooms built ( for which funds have to be provided by the government ), or where the Government has some objection to a name recommended by the Supreme Court Collegium, etc
https://www.youtube.com/watch?v=WLkG2OWuhUU
However, this is very different from the Prime Minister going to the residence of the CJI to do Ganesh puja, which in my opinion was highly improper. Why can’t the PM do Ganesh puja at his own residence.?
And will not the public think that the CJI is hob nobbing with the PM and angling to get some assignment after his retirement ( which is due on 10th November this year ), like the then CJI Gogoi ( who was given a Rajya Sabha seat soon after his retirement )
https://www.youtube.com/watch?v=xAmOuEbSKNc&t=197s&pp=ygU3a2F0anUganVkZ2VzIHNob3VsZCBub3QgbWl4IHdpdGggcG9saXRpY2lhbnMgbmVlbHUgdnlhcw%3D%3D
Judges must ordinarily not mix with politicians, otherwise a wrong signal goes to the public that they are hand in glove.
There is a cardinal legal principle that justice must not only be done, but must also appear to be done. It is important to observe this principle, because the judiciary has neiher the sword nor the purse, and its real strength comes from the confidence of the public.
This principle was laid down by Lord Hewart, the then Chief Justice of England, in Rex vs Sussex Judges, 1924.
https://www.barandbench.com/columns/the-origins-of-justice-must-be-seen-to-be-done
Lord Hewart held that he had no doubt that the Sussex judges were not biased and did nothing improper, but the public may think otherwise, because the depuy clerk to the judges, who sat in the proceedings, was a partner in the law firm which sued the defendant.
The same principle would apply if judges and politicians mix or socialise in matters having nothing to do with the judiciary. The public perception of the independence of the judiciary would be severely tarnished and sullied if that happens. Even if the verdicts of judges were correct, they would be regarded tainted by the people.
When I was the Chief Justice of Madras High Court ( 2004-2005 ) I never met the then Chief Minister Jayalalitha, or her opponent Mr Karunanidhi. Once the Chief Minister sent her Chief Secretary to me with an invitation to attend the Republic Day parade on Marina beach, where the Governor would take the salute. I told the Chief Secy to convey my thanks to the CM, but also my regrets since as a matter of principle I did not attend functions.
My real reason ( which of course I did not tell him ) was that if I went to the function, and some politician having a shady reputation about his integrity approached me and extended his hand to shake hands with me ( which would be difficult for me to refuse to take ), and started talking to me, and all this was captured in a camera and published the next day in newspapers, what will the public think of me? A Chief Justice hobnobbing with a corrupt politician ?
Judges must lead a reclusive life, and normally sit at home in the evenings, and not go out to party or attend functions. If a person cannot lead such a life of a hermit, he/she is unfit to be a judge
[29/09, 19:26] sekarreporter1: [29/09, 19:22] sekarreporter1: Justice Katju
My reply to Justice Swaminathan
By Justice Katju, former Judge, Indian Supreme Court, and former Chief Justice of Madras High Court
Justice GR Swaminathan is a Judge of the Madras High Court, and what I have learnt is that he has a very high reputation for his integrity and legal knowledge.
However, he has written an article in which he has said there was nothing wrong in the Chief Justice of India, Justice Chandrachud, inviting Prime Minister Modi to his residence for doing Ganesh puja.
I regret I have to disagree with Justice Swaminathan on this issue. In my opinion it was highly improper both for the CJI to have invited PM Modi for this purpose, and also highly improper for the Prime Minister to have accepted such an invitation.
Justice Swaminathan in his article has stated that the then Chief Justice of Bombay High Court, Justice MC Chagla, used to often meet the then Chief Minister of Bombay Morarji Desai, and then Chief Justice of India Gajendragadkar often met the then Prime Minister Lal Bahadur Shastri. From these examples Justice Swaminathan has sought to establish that there was nothing wrong in the PM meeting the CJI.at the latter’s residence and doing Ganesh puja there.
However, as I have pointed out in my interview by journalist Neelu Vyas, there would be nothing wrong in meetings between the PM and the CJI if they are to discuss matters concerning the judiciary e.g. whether the strength of Judges, or their salaries, should be increased, or new courtrooms built ( for which funds have to be provided by the government ), or where the Government has some objection to a name recommended by the Supreme Court Collegium, etc
https://www.youtube.com/watch?v=WLkG2OWuhUU
However, this is very different from the Prime Minister going to the residence of the CJI to do Ganesh puja, which in my opinion was highly improper. Why can’t the PM do Ganesh puja at his own residence.?
And will not the public think that the CJI is hob nobbing with the PM and angling to get some assignment after his retirement ( which is due on 10th November this year ), like the then CJI Gogoi ( who was given a Rajya Sabha seat soon after his retirement )
https://www.youtube.com/watch?v=xAmOuEbSKNc&t=197s&pp=ygU3a2F0anUganVkZ2VzIHNob3VsZCBub3QgbWl4IHdpdGggcG9saXRpY2lhbnMgbmVlbHUgdnlhcw%3D%3D
Judges must ordinarily not mix with politicians, otherwise a wrong signal goes to the public that they are hand in glove.
There is a cardinal legal principle that justice must not only be done, but must also appear to be done. It is important to observe this principle, because the judiciary has neiher the sword nor the purse, and its real strength comes from the confidence of the public.
This principle was laid down by Lord Hewart, the then Chief Justice of England, in Rex vs Sussex Judges, 1924.
https://www.barandbench.com/columns/the-origins-of-justice-must-be-seen-to-be-done
Lord Hewart held that he had no doubt that the Sussex judges were not biased and did nothing improper, but the public may think otherwise, because the depuy clerk to the judges, who sat in the proceedings, was a partner in the law firm which sued the defendant.
The same principle would apply if judges and politicians mix or socialise in matters having nothing to do with the judiciary. The public perception of the independence of the judiciary would be severely tarnished and sullied if that happens. Even if the verdicts of judges were correct, they would be regarded tainted by the people.
When I was the Chief Justice of Madras High Court ( 2004-2005 ) I never met the then Chief Minister Jayalalitha, or her opponent Mr Karunanidhi. Once the Chief Minister sent her Chief Secretary to me with an invitation to attend the Republic Day parade on Marina beach, where the Governor would take the salute. I told the Chief Secy to convey my thanks to the CM, but also my regrets since as a matter of principle I did not attend functions.
My real reason ( which of course I did not tell him ) was that if I went to the function, and some politician having a shady reputation about his integrity approached me and extended his hand to shake hands with me ( which would be difficult for me to refuse to take ), and started talking to me, and all this was captured in a camera and published the next day in newspapers, what will the public think of me? A Chief Justice hobnobbing with a corrupt politician ?
Judges must lead a reclusive life, and normally sit at home in the evenings, and not go out to party or attend functions. If a person cannot lead such a life of a hermit, he/she is unfit to be a judge
[29/09, 19:25] sekarreporter1: 🙏
[29/09, 19:31] sekarreporter1: https://x.com/sekarreporter1/status/1840391392520175905?t=O8q7p6PAF4zvusTT0WWXrg&s=08
[29/09, 20:43] sekarreporter1: [29/09, 20:43] sekarreporter1: https://x.com/sekarreporter1/status/1840409418992943576?t=BG_U7dxaRVOSP4tSmba2mg&s=08
[29/09, 20:43] sekarreporter1: [29/09, 20:15] Srimathi Advt Mhc: Om gam ganapathaye namah. This is a typical Maharashtrian household arrangement for the Ganesh festival. Good to see the PM & CJI celebrating together. Never expected Katju ji to embark on this manner of psychological attack .
In Marathi we call it आसुरी आनंद (asura’s/devil’s happiness)It’s much ado about nothing. Totally unwarranted. Well agree judges have to be independent in exercise of their constitutional duty. Katju ji to suggest that judges must isolate themselves from politically connected persons events !? Is he suggesting social ostracisation of Judges !
As regards our CJI DYC is a judge , a perfect example of integrity and honesty let him have and enjoy his right to Puja with his family and invitees even if it is the PM or CM or whomsoever he chooses or invites to celebrate with. Also hope Katju ji remembers the above ☝🏼Manmohan at an Iftar Party along with KGB. Selective amnesia / indignation does not behove Katju ji. Think Jus GRS being a citizen of India has his Freedom of expression
[29/09, 20:36] sekarreporter1: 👍
[29/09, 20:47] sekarreporter1: [29/09, 20:43] sekarreporter1: https://x.com/sekarreporter1/status/1840409418992943576?t=BG_U7dxaRVOSP4tSmba2mg&s=08
[29/09, 20:43] sekarreporter1: [29/09, 20:15] Srimathi Advt Mhc: Om gam ganapathaye namah. This is a typical Maharashtrian household arrangement for the Ganesh festival. Good to see the PM & CJI celebrating together. Never expected Katju ji to embark on this manner of psychological attack .
In Marathi we call it आसुरी आनंद (asura’s/devil’s happiness)It’s much ado about nothing. Totally unwarranted. Well agree judges have to be independent in exercise of their constitutional duty. Katju ji to suggest that judges must isolate themselves from politically connected persons events !? Is he suggesting social ostracisation of Judges !
As regards our CJI DYC is a judge , a perfect example of integrity and honesty let him have and enjoy his right to Puja with his family and invitees even if it is the PM or CM or whomsoever he chooses or invites to celebrate with. Also hope Katju ji remembers the above ☝🏼Manmohan at an Iftar Party along with KGB. Selective amnesia / indignation does not behove Katju ji. Think Jus GRS being a citizen of India has his Freedom of expression
[29/09, 20:36] sekarreporter1: 👍
[01/10, 07:20] sekarreporter1: [29/09, 22:20] Judge Suthantheram: Justice Katju expects everyone to accept his view which is not possible in the issue of CJI inviting P. M. for Ganesh pooja. He thinks too much about himself and creats his own code of conduct for Judges saying they must lead hermit life, if not unfit to be a judge.
Justice Katju has no right to say how a CJI should spend evening hours. He should know that CJI knows how to behave himself.
[30/09, 06:54] sekarreporter1: 👍