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New Delhi: In a critical commentary on India’s judiciary, former Supreme Court judge Justice Markandey Katju has asserted that the nation’s judicial system is afflicted with an “incurable disease” and beyond redemption.
According to Kashmir Media Service, Katju’s remarks were made during a discussion with prominent Supreme Court lawyer Kapil Sibal. His comments were particularly aimed at the recently retired Chief Justice of India (CJI) DY Chandrachud, whom he accused of engaging in careerism and compromising judicial integrity.
Katju likened the judiciary’s condition to cancer, suggesting it was an uncurable ailment. He expressed his disillusionment with the current state of affairs in the Supreme Court and other courts across India, stating, “Some diseases are curable, while some, like cancer, are not. The judiciary is suffering from cancer.”
The former judge criticized CJI Chandrachud, alleging that his career-driven approach influenced his judicial decisions, particularly concerning the contentious Ayodhya verdict. Katju claimed that Chandrachud prioritized his personal ambitions over the broader interest of justice, asserting that the latter was reluctant to issue judgments that could endanger his prospects of becoming CJI. “The real judge does justice irrespective of consequences,” Katju remarked.
Katju also expressed dissatisfaction with the Ayodhya judgment, which directed the construction of a temple at the Babri Masjid site. He contended that if the mosque’s demolition was deemed a crime, it should have been reconstructed and returned to its rightful owners. He referenced the Archaeological Survey of India’s findings, which did not support the claim of the mosque being built after demolishing a temple, stating, “The reasoning of the judgment is going in one direction, but the conclusion is drawn in the opposite direction.”
Further, Katju criticized the judiciary’s approach to handling religious disputes, voicing concern over ongoing claims to construct temples on numerous mosques despite the Places of Worship Act, which aims to prevent such conflicts. He specifically condemned the decision to allow a survey of the Gyanvapi mosque, arguing that the suit was not maintainable under the Act.
Additionally, Katju questioned the propriety of former CJI Chandrachud inviting Prime Minister Narendra Modi to his residence for Ganesh puja, describing it as “very wrong” and “improper.” He emphasized the necessity for judges and politicians to maintain a clear separation to uphold the judiciary’s independence.
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