Recently, former Chief Justice of India Ranjan Gogoi had come out with hard-hitting remarks against those who had castigated him for accepting the nomination to Rajya Sabha. This time around he has come out with serious allegations against “activist Judges”.
Justice Gogoi accuses these “activist Judges” of raising questions soon after retiring from office but remaining quiet while they still hold office. Justice Gogoi said, “Who are these activist judges working with? Who is giving platforms to them for saying all this? There are no questions asked.”
He also came down heavily on judges whom Justice Gogoi accuses of getting friendly with lawyers during their work, and one would notice how commercial arbitration work starts pouring in after their retirement from office.
The ex-Chief Justice of India added, “How and why do arbitration works flow to only some judges and not to others? Again, no questions asked.”
Making some shocking revelations at a webinar organised by the Confederation of Alumni for National Law Universities (NLUs), Justice Gogoi pointed out a third category of Judges too- the category of Judges that takes up other kinds of assignments.
Justice Gogoi said, “Why only it is the third category that draws all the flak? Why are no questions asked about the other two?”
The former CJI raised certain important questions that are usually sidestepped, and he also pointed out a 2016 report by a think tank, Vidhi Centre for Legal Policy which stated that 70 out of 100 judges took up one or other kind of post-retirement assignment.
Justice Gogoi added, “Were all of them compromised? Did it mean independence of judiciary was compromised? It is an individual perception. So long as you are clear in your mind, there is no problem. If a judge is true to his functions, post-retirement work is okay. It has to depend on individuals.”
When asked why the landmark Ayodhya verdict was kept anonymous, Justice Gogoi pointed out how certain ‘critics’ wanted to delay the historic verdict.
He pointed out that it a routine practice for the Supreme Court to pronounce anonymous verdicts, and added that such questions are usually raised by ‘critics’ who wanted the five judges on the Constitutional Bench to author separate judgments, so that the ruling could be delayed beyond November 2019.
Justice Gogoi’s remarks are bound to raise eyebrows, as he has spoken about his former colleagues who go on to join the “civil society” after their retirement, which hints at a deep state- a complicated network of journalists, so-called activists, former Judges, politicians, lawyers and power brokers. This pale shadow of the legitimate state institutions tries to grip State policy through extensive propaganda.
Judges as such are a prolific target for this mix of activist lawyers and journalists. In 2018, for example, when an unprecedented presser was organised by four serving Supreme Court judges against the then Chief Justice of India Dipak Mishra, journalist Shekhar Gupta and senior Advocate Indira Jaising were the ones who reached the venue of the presser much before its commencement.
Throughout the presser, Gupta was seen standing behind the serving Judges, and when journalists objected to Jaising asking certain questions, she had stated that she was there in the capacity of a citizen of the country.
Later in the day, CPI leader D Raja reportedly visited the residence of Justice Chelameswar, as the opposition had tried hard to politicise the matter.
Justice Gogoi’s allegations point out how certain retired judges might fall for the deep state whose tentacles are spread all across India.
His remarks about lawyer-friendly judges getting arbitration assignments after retirement too point out serious conflict of interest.
However, while Justice Gogoi himself faced the ire of web portals, with stinging editorials and even his brother judges slamming him for accepting the Rajya Sabha nomination, the role of the deep state in eroding the Independence of Judiciary has never been seriously debated.