Judges Fair, Fearless, Only Follow Constitution: Ex-Chief Justice To NDTV

Justice BR Gavai, the former Chief Justice of India, has told NDTV that while the Indian judiciary is independent, their actions are often seen through the prism of politics. In an exclusive interview with NDTV, Justice Gavai spoke of the judiciary's actions being misinterpreted  and wrong narratives being built around it.

The judges, he said, do not decide "by looking at who is the opponent in front of us".

"We decide by looking at the case of the opponent in front of us," he said.

"So, in some cases, we decide on the side of the government, in some cases, we decide against the government. This does not mean that in every matter, we decide against the government, then only we are independent judges. Otherwise, the judges are biased, the judges are partisan," he added.

But this does not mean that the courts take sides or bow under pressure. 

"Judges take their oath to be independent. Along with our constitution, our commitment, the oath we take... we should work on that," he said.

This, he said, is also manifest when it comes to the action of central agencies against political leaders.

"You must have heard that I have openly criticized the ED (Enforcement Directorate) many times," he said. 

"My opinion is that political battles should be fought in front of the electorate. And wherever I felt that any agency, be it ED or state police, is victimizing any politician for political reasons, I did not hesitate even for a minute to give relief in such matters," he told NDTV.

Justice Gavai retired earlier this week as Justice Surya Kant took oath as the 53rd Chief Justice of India.