Former SC Judge Sanjay Kishen Kaul To Release Memoir Without Favour

Former Supreme Court judge Justice Sanjay Kishen Kaul is set to release his memoir, 'Without Fear of Favour,' detailing his judicial career, professional disagreements with the former CJI, and experiences with the government on appointments.

Justice Sanjay Kishen Kaul Announces Memoir

New Delhi [India], October 28 (ANI): Justice Sanjay Kishen Kaul a former judge of the Supreme Court is coming out with his memoir 'Without Fear of Favour'. Justice Kaul, who ranked second in seniority amongst the sitting judges of the Supreme Court, retired on December 25, 2023. He had served a tenure of over six years and was the authors of judgements in 167 cases.

Justice Kaul says he debated a lot before finally going ahead and penning his memoirs and finally got writing last year. Speaking to ANI, Justice Kaul said. It's always easier not to write than to write...I debated a lot, though the publishers had been behind me even before my retirement to write something because they felt that seeing my judgments, they liked the style...But I really began it only last year in April. I was deferring it. A couple of reasons for it. One, you get a more dispassionate view when you have been away for some time. Secondly, I didn't want the personas whom I was bound to discuss being in office because it would impede the performance of what they were doing. That's the second thing. Thirdly, I wrote because I thought nobody's written for a long time. A journey in life, not a law book. I also felt that the whole system — political system, press, everybody was raising issues. It's not possible to keep issues down. Do we not disclose how we work or do we disclose how we work? It has some positives. It has some negatives. That's what it is about.

Reflections on Former CJI DY Chandrachud

One of the highlights of his book is his references to Justic DY Chandrachud the former Chief Justice of India with whom Justice Kaul served in the apex court "People have been questioning me on writing about former Chief Justice of India, Justice D Y Chandrachud. I have complimented him where I thought he needed a compliment; I said he has a judicial heft. He has the ability to work very hard. Where I questioned him was a specific aspect. Sometimes in your social media systems, that gets blown out of proportion. I disagreed with him on the appointment process," he said.

Speaking about his relationship with the former Chief Justice, Justice Kaul said, "I felt he was too soft at times and he should push harder. I used to suggest to him. Like, even the Judicial appointments matter. When nothing happened for a couple of months from January to March, I said this is not going to work...This has been a great difference in perception I have had, if I may say so, with the government of the day and always. Judicial appointments must be made quickly. If we want to get talent and the right kind of talent. If people are not willing to come into it, then you must make the process easy, not make it so cumbersome that it goes on for a long time."

"He was always a little reserved person...Maybe I interacted more easily socially. We've shared a good relationship...You can't close the issues where we differed. I differed with him on this particular aspect. Some people ask, "Well, you agreed to the proposals?" Yes, of course, I agreed to the proposals. The proposals did not get through till I agreed. But the episode I've said is one where he endeavored to put another person at the last minute. I cautioned him it would not get through the collegium. Did not get through the collegium. I was also not in favor. It's his decision. Maybe, as I said, the government may have suggested the name. He thought something should be done...I felt that if you argue, give reasons to the government and push it, they do help out in the sense of agreeing to what you do...I felt that if you argue, give reasons to the government and push it, they do help out in the sense of agreeing to what you do...I felt he was too soft at times and he should push harder. I used to suggest to him. Like, even the Judicial appointments matter. When nothing happened for a couple of months from January to March, I said this is not going to work...This has been a great difference in perception I have had, if I may say so, with the government of the day and always. Judicial appointments must be made quickly. If we want to get talent and the right kind of talent. If people are not willing to come into it, then you must make the process easy, not make it so cumbersome that it goes on for a long time," he added.

Interactions With Prime Minister Modi

Justice Kaul also recalled his interactions with Prime Minister Narendra Modi especially over the key issue of judicial appointments. "He's a very good listener...Sometimes you are sitting close by and talk, and the appointment of judges has always been a little issue with me. I feel the solution lies in having the right kind of judges. There were some appointments stuck. So I said, "Please look into them."...This conversation went on for some time. I said, "Maybe you may feel that I have pushed a little harder. I can say this to you because I don't want anything. I was clear from day one: I will not take anything upon retirement...He responded by saying that I know that...He is a person who has information to the nth degree possible at the ground level," Justice Kaul said. (ANI)

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