Ex-CJI Gavai says never faced govt pressure, warns of ‘judicial terrorism’

Former Chief Justice of India BR Gavai has said that he had never faced any pressure from the executive and political leaders. Firmly asserting the independence of the judiciary, Gavai pointed out that as per the Indian Constitution, there is a clear separation of powers among the legislature, executive and judiciary. He demitted office on November 23.

"No, genuinely no...," he said in an interview to ANI. He defended the collegium system of appointment of judges, describing it as “transparent” adding that allegations against it are opaque and not well-founded.

‘Judicial activism' and 'judicial terrorism’

As for judicial activism, Justice Gavai cautioned that it should not become “judicial terrorism” and must act within certain limits.

"There are limits within which judicial activism should act. As I always say, judicial activism should not turn into judicial terrorism,” he said.

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Elaborating further, Justice Gavai said that judicial intervention is necessary to safeguard the interests of vulnerable citizens but must be exercised within constitutional boundaries.

"Permitting a person to approach the court on their behalf fulfils our promise of economic and social justice. But even then, judicial activism cannot cross its limits," he added.

On ‘bulldozer justice’ verdict

As for his judgment, which coined the term "bulldozer justice" and described the act of state authorities demolishing houses of people accused of crimes as unacceptable under law, Justice Gavai said that it was a stark case of executive overreach where the State, instead of following due process, assumes the role of a judge.

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He also said that the Supreme Court intervened after noticing that authorities were razing homes without notice, legality, or accountability.

Citizens' voices cannot be throttled by a threat of destroying their properties, and "bulldozer justice" is simply unacceptable under the rule of law, the Supreme Court had said.

"When merely because a citizen was involved in a criminal act, his house was demolished, this was not only violating his rights and the rights of other inmates of the house, but was like taking the law into one's own hands," said Justice Gavai as quoted by ANI.

‘Amounts to collective punishment’

Questioning the constitutional basis of such punitive actions, Justice Gavai said, "What is the crime committed by his family? Why bulldoze their roof?"

He warned that such actions not just punish the accused but also his or her parents, siblings, children and other innocents, amounting to collective punishment outlawed in any society governed by the rule of law.

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"It is a case wherein it is not proper for me to justify my judgment, but I think that would be a case where judicial activism should be promoted, but not beyond a particular limit," said Justice Gavai.

As for his tenure as CJI that lasted six months and 10 days, Justice Gavai said, "It included summer vacation, Dussehra vacation and Diwali vacation. But I could perform whatever I had anticipated and planned out. I don't think it's necessary," he said when asked if there should be a fixed tenure for CJIs and Supreme Court judges.”