‘Justice Chandrachud has always been a careerist and delivered judgments keeping his eye on the post of CJI.’
Team Clarion
NEW DELHI – Criticising the recently retired chief justice of India DY Chandrachud for his judgments and conduct, former Supreme Court judge Justice Markandey Katju asserted that the judiciary of the country has been inflicted by an incurable disease and is beyond redemption now.
In a conversation with prominent Supreme Court lawyer Kapil Sibal last week, Katju harshly criticised the current state of affairs in the Supreme Court, the conduct of former chief justices, high courts and other courts.
“My own opinion is that the judiciary is beyond redemption. It is suffering from incurable diseases. Some diseases are curable while some like cancer are incurable. It is inflicted by cancer,” said Katju.
State Of Judiciary In India: Ex-SC Judge Markandey Katju Speaks To Kapil Sibal | Law Today
Criticising former CJI Chandrachud, Katju said he has always been a careerist and delivered judgments keeping his eye on the post of CJI.
“When he was appointed as chief justice, some people used to flatter him. But I have always question marks on him. Because I found he is nothing but a careerist. All his aim was how to become chief justice of India,” he said.
Katju noted that some people have said that it’s Chandrachud who wrote the Ayodhya verdict. In fact, it became evident from the fact that he had said he took help from God for the Ayodhya judgment suggesting he wrote the judgment.
“The real judge does justice irrespective of consequences. But Chandrachud was concerned that his goal of becoming CJI would be threatened if he passed adverse judgment,” he said.
Criticising the controversial Ayodhya judgment which directed building a temple at the site of Babri Masjid, Katju pointed out that if the judgment observed the demolition of the mosque is a crime, it must be rebuilt and handed over to its real owners.
Citing the judgment, he said people used to offer namaz at the mosque up to 1949 and the Archaeological Survey of India did not find that the mosque was built after demolishing any temple. “The reasoning of the judgment is going in one direction, the conclusion was drawn in just the opposition direction,” said Katju.
“Babri Masjid was a very basic case for the country. It is tearing apart the social fabric of India,” he added.
Katju, a former chairperson of the Press Council of India, pointed out that the country is being dragged backward as claims of temples are being made on one lakh mosques. The Places of Worship Act was meant to end such disputes. “However, it is being ignored,” he said.
The judge also criticised former CJI for allowing the survey of the Gyanvapi mosque asserting that the suit was not maintainable under the Places of Worship Act.
Katju also flayed Chandrachud for inviting Prime Minister Narendra Modi to his residence for Ganesh puja describing it as “very wrong” and “improper”.
“Judges and politicians should maintain distance. It was the fault of Chandrachud and Modi both. It was the fault of Chandrachud to invite him to his residence and it was the fault of Modi to accept the invitation,” he said.
Katju said when he was the chief justice of Madras High Court, he was invited by then chief minister Jayalalitha to attend the Republic Day parade. But he refused to go to the event as a matter of principle.
