‘Wrong Narrative That Judges Must Rule Against Government to Appear Independent’: Former CJI Gavai

Former Chief Justice of India B.R. Gavai has said that a “wrong narrative” is being built, suggesting that judges are independent only when they rule against the government, asserting that courts decide cases strictly on the basis of the material placed before them, irrespective of the parties involved.

Speaking to a news channel after his retirement, Justice Gavai said an emerging tendency of speculation around pending cases, including media reports predicting what will happen even before a bench hears the matter,  is unhealthy.

“These days we see that a matter comes up and by morning the newspapers say what is going to happen, what should happen. This is wrong. Judges have to decide based on the papers before them,” he said.

Justice Gavai noted that public commentary often overlooks factual nuances. "Two matters may appear identical but even a five or ten percent factual difference can produce different outcomes", he said.

He emphasised that judges do not decide cases based on who the parties are but on what their case contains.

Rejecting the perception that judges must consistently rule against the government to establish independence, he said such assumptions are misplaced.

“In some matters we rule in favour of the government, in some we rule against it. That does not mean that we have to give decisions against the government in every matter to be called independent. That is a wrong narrative,” he said.

On the issue of trolling and online attacks on judges, raised by the interviewer, Gavai said he personally avoids social media and pays no attention to such commentary.

While acknowledging that the trend of targeting judges is “wrong,” he said he does not let it affect him. “If you keep watching these things, even if you try, somewhere at the back of the mind it remains. So I totally ignore it,” he said.

Responding to concerns about whether pressure groups could influence judicial decision-making, Gavai said he did not believe judges would succumb to such pressures.

He recalled instances where benches, including those he was part of, granted relief in politically sensitive matters despite strong opposition from the government. “Judges think about their commitment and work accordingly,” he said.

Justice Gavai also reiterated his past criticism of investigative agencies, including the Enforcement Directorate, where he felt action appeared politically motivated. He said he had not hesitated to grant relief in such cases, whether the agency involved was the ED or a state police force.

Expressing confidence in the future leadership of the judiciary, Justice Gavai said the institution would remain strong under Chief Justice Surya Kant and subsequent CJIs, including Justice Vikram Nath and Justice B.V. Nagarathna. He said Justice Nagarathna’s elevation as the first woman Chief Justice of India would be a moment of pride.