On his last day in office today,Chief Justice of India K G Balakrishnan exuded remarkable ease while facing a horde of questions,even managing to put across his viewpoint on honour killings saying love knows no laws.
It is not the laws which help one to fall in love,and once in love there is no looking at the laws. The Hindu Marriage Act still prohibits certain relationships, said Justice Balakrishnan.
Dressed in a navy blue suit,he showed natural judicial acumen and a politicians panache for smart answers to describe his almost three-and-a-half years as top judge on the last day,he shared the bench with Chief Justice of India-designate S H Kapadia.
To a query on whether he considered entering politics in the near future,Justice Balakrishnan said: I did play my role in college politics.
Asked about any mistake he committed during his tenure as CJI,the 65-year-old judge,who is known for his earthy solutions to complicated legal issues,said: Yes,we Supreme Court do commit mistakes. But we make mistakes because we try to do something. There will be no mistake if we stop doing anything.
But as a CJI who saw the conduct of the higher judiciary come under criticism like never before,Justice Balakrishnan said he was not in favour of half-measures while dealing with a judge whose integrity was doubtful.
If a judges integrity is doubtful,it means the end of his career. Half-way methods are not suitable for a judge, he said. He refused to talk about the controversy regarding the conduct of former Karnataka Chief Justice P D Dinakaran.
Justice Balakrishnan also saw no reason why the judicial system needed to be stuck with one way the Supreme Court Collegium of selecting judges for higher judiciary. It could be reviewed there is nothing wrong in reviewing it. We need not be stuck with one method, he said.
He dismissed rumours that judicial decisions were subject to political will. If there is any doubt regarding this,let me tell you that we are not afraid that the government wants it this way or that. Our decisions are according to what our conscience says. In the process if there is any friction,it is inevitable.
The Indian judiciary is probably the only judiciary in the world which is independent from the countrys politics, he said.
On the future of 26/11 gunman Ajmal Amir Kasabs case,Justice Balakrishnan said naturally the appeal will come to the Supreme Court. He said that he had requested the Prime Minister a year ago to set up 60 more CBI courts to fast track trials,and had received a reply that his recommendation had been forwarded to the Law Ministry.
On his experience of dealing with high-profile commercial cases,Justice Balakrishnan said: They engage top lawyers who are always ready with their arguments. They are always anxious.
He was skeptical on the issue of allowing foreign lawyers to practice in India. I have visited many countries,I know how it is for Indian lawyers there. In a place like New york,it is difficult for them to even start a practice. Unless foreign countries extend some privileges,we need not extend any. It is finally for the Bar Council of India to decide.
On his much-publicised views about transparency in higher judiciary,he denied having resisted the Right to Information: I gave so much information. The SC,I believe has given the highest number of information under RTI.He said that there were certain areas of functions of the CJI which could not be revealed under RTI.