Last Updated:
CJI BR Gavai: Justice B. R. Gavai rejected the common belief on the independence of judges. He said that during his tenure he appointed 107 judges and refused to face pressure from the government. Justice Gavai also said that he appointed 12 Chief Justices of High Courts and ensured that the Bombay High Court got young judges aged 45-50 years.
New Delhi. Outgoing Chief Justice (CJI) B. R. Gavai on Sunday rejected as wrong the common belief that a judge cannot be considered independent unless he gives a verdict against the government. Speaking to reporters at his official residence here on the last day of his tenure, Justice Gavai said, “Unless you decide against the government, you are not an independent judge… This is not right. You do not decide whether the person filing the case is the government or a common citizen. You decide on the basis of the documents before you.”
He said that in today’s time, a judge is called ‘independent’ only when the judgment is given against the government. “Also, we have to depend on the government for the development of infrastructure in the judiciary. We do not have the power of money. So, sometimes there may be conflict. But I do not think there is a need for constant conflict; it will create unnecessary problems,” he said.
Referring to the Centre’s cooperation, Chief Justice of India (CJI) Justice Gavai said that during his tenure, the government approved almost all the names suggested by the collegium. He said, “Around 107 judges were appointed in various high courts. I gave 14 judges to the Bombay High Court and 12 to Madhya Pradesh.”
Justice Gavai also said that he appointed 12 chief justices of high courts and ensured that the Bombay High Court got young judges of 45-50 years, “who can serve for a long time.” Chief Justice BR Gavai said that as a High Court and Supreme Court judge for more than two decades, he was not under any pressure from any government.
