Many judges hide their political identities; I had the courage to say that I was RSS member: Justice CR Dash

Retired judge of the High Courts of Orissa and Calcutta, Justice Chitta Ranjan Dash made the news in late 2023 with a judgment urging young women to rein in their sexual urges..As per the verdict, among other 'duties', adolescent females were advised to "Control sexual urge/urges as in the eyes of society she is the looser when she gives in to enjoy the sexual pleasure of hardly two minutes."The Supreme Court later took a dim view of these findings, and said that such comments in judicial orders "send the wrong signals"..A few months later, Justice Dash courted controversy again when he revealed during his farewell ceremony that he was a member of right-wing organisation, the Rashtriya Swayamsevak Sangh (RSS). He maintained then, as he does in this interview, that despite his affiliation, he dealt with all cases and litigants impartially, irrespective of the party they belonged to..Justice Dash, who was subjected to a lot of online trolling for these incidents, attempts to clarify the thought process behind the controversial verdict and his affiliation to the RSS. He also discussed the state of affairs at the Calcutta High Court, which he says has become a battleground for political disputes..Narsi Benwal (NB): What influenced your decision to do law? Was becoming a judge always part of your plan?.Justice Chitta Ranjan Dash: My father was a lawyer and in 1973, Section 379 of the Criminal Procedure Code (CrPC) was amended. That time, a poor person requested my father to fight his case. My father went to argue this case before the Orissa High Court and the bench led by then Chief Justice GK Misra was very much impressed and influenced by his argument. The then Chief Justice then called my father to his chamber and asked him to join the judiciary. He was initially reluctant, but after some convincing, he got appointed as a judge of the Orissa High Court. However, he died at the age of 53. After my father's untimely death, I was not so much interested for coming into the judiciary, but my widowed mother pushed me to join the judiciary. And so, I became a judge, otherwise I would have been happy to be part of the Bar..NB: In your farewell speech, you said that you were an active member of the Rashtriya Swayamsevak Sangh (RSS) since your childhood. What did you learn from your association with the organisation?.Justice Dash: There are many misconceptions about the RSS. The organisation is going to complete 100 years, yet it is thought to be an 'untouchable organisation.' But RSS never indoctrinates the minds of any persons, as alleged by many. I can say this because I have personally experienced it. The RSS tries to build overall personalities of the persons, both mental and physical health. It teaches you to become a better citizen and teaches you that wherever you are, you must work for the nation. Be it the Prime Minister, a collector, a judge or a even a teacher, you must work for the nation - that is the only ideology of RSS. I can say that RSS is basically a machinery organisation and has never been a revolutionary organisation. But there is a narrative that RSS is untouchable. History reveals that even Indira Gandhi sought RSS' help sometimes. Even during the China War, RSS did relief work. These things are never told to the citizens. What RSS teaches is, whenever you are doing some work, you should do it as an unbiased person and be committed to your work and dedicated to the nation. But day-by-day, false narratives are created against the RSS. People are giving false statistics and circulate misinformation about the RSS, which has harmed the organisation's reputation..NB: Do you think judges with political affiliations can be neutral in their decision-making?.Justice Dash: Despite being a ex-member of RSS, my work did not get influenced by the ideology of the organisation. After becoming a judge, I was only committed to the Constitution of India and other statutes. You can see any of my judgments that I delivered. RSS never preaches you to be in the "right" or in the "left." Many RSS persons have a leftist inclination, and in fact, now there are many in Congress also. But the bottom-line is RSS never does any kind of politics, either left or right. It does not have any role in politics and is only a machinery organisation..NB: Should people with political affiliations be allowed to join the judiciary or any other public service?.Justice Dash: Why not? If a person has good qualities and has good understanding of everything and has worked in the society at the ground level, then what is wrong in becoming a judge? Being a member of RSS should not affect recruitment. There are so many left-inclined judges or judges supporting the ideology of the Congress party. But they hide their identities. I had the courage to say that I have been an active member of the RSS because I have done nothing wrong. I have disassociated myself from RSS for around 35 years. As taught by the RSS, I was in the field which I entered without bias.As far as decision-making is concerned, you can ask advocates from Odisha or Calcutta how I dealt with political cases. That (affiliations will affect decision making) is a false narrative against me or anyone. The first principle of the jurisprudence is that a judge must be a gentleman, who must have the courage to speak the right thing at the right time. People have questioned why I did not say this (RSS membership) earlier but to be honest, during my recruitment, in the application form, there was no column for the candidate to mention their affiliations.I was part of the judiciary and I worked with judicial discipline.Political affiliation will never affect one's work. I have given relief to leaders or even persons belonging to the Trinamool Congress, the Congress party and even leftist parties. I never thought that they are my enemy just because they are from a party opposite to the Bhartiya Janata Party (BJP), which is closely affiliated with the RSS. Anyone who has come to my court, I have treated them as a litigant. I never thought them to be some opponents etc. When I sit on a judge's chair, I am completely unbiased..NB: Speaking about politics and the judiciary, Justice Abhijit Gangopadhyay recently resigned from judgeship to join the BJP. Do you think that judges should join politics?.Justice Dash: Certainly, judges must not join politics like this. If you have embraced a judicial life, then you must embrace the judicial discipline also. Even RSS preaches that if you have donned a particular dress, then you should know how to maintain that dress. Joining BJP was his choice, I cannot say much on this. But a judge should not make his chair a pedestal for creating an atmosphere for joining politics. A judge should not hear political cases if he/she desires to join politics..NB: In the recent past, the Calcutta High Court has become a battleground for politically charged issues, including the Sandeshkhali incidents. Do you think the Court is the appropriate forum to resolve these disputes?.Justice Dash: For their political interests, some advocates are tarnishing and polluting the entire judicial atmosphere in the Calcutta High Court by filing such politically charged issues. The members of the Bar have their own political interests and they file such frivolous litigation. Recently, a PIL was filed against the roster of Justice Amrita Sinha. It questioned the role of the Chief Justice as the "master of the roster." Unfortunately, the Supreme Court entertains such PILs very frequently, but fortunately the High Courts aren't hearing such PILs.I think such political issues should not come to the courts, as the courts cannot be made a political battleground by advocates. It is the duty of the advocates to maintain the decorum of the courts.But unfortunately, it is happening in every High Court now. Earlier, the bar associations were independent organisations where people of all thoughts were working together to fight for litigation. Unfortunately now, everywhere, the Bar is divided by politics. It is not a good sign for the bar associations, as they are the "conscious-keepers of the society." Every advocate matters for the society. So if they divide the Bar on political considerations, it is very much unfortunate for the entire judiciary..NB: The Supreme Court criticised your order calling for adolescent girls to "control" their sexual urges. Do you think making such comments in a judicial order was correct? Do you stick to that view?.Justice Dash: That is a sub-judice matter, I must not comment on it. I can only say that I have nowhere indulged in victim shaming. The entire judgment is a piece of research work. There is a report of the United Nations, which says that this age group of people must be given right to have sex. Then I took the stand that it cannot be a right, as it is an offence under a law and that law has not been declared unconstitutional, so one cannot take a right-based approach. It must be a duty-based approach. You should avoid this period so far as sex is concerned to keep yourselves away from the offence.While providing the guidelines, I have said about the reality of the society. I have not given my own view. My judgment is not in so many words; I think there might have been some wrong in the order but the Supreme Court is there to correct it. But I stand by my judgment and I cannot disown the same. .I would also want to clarify that the judgment has nothing to do with the ideology of RSS, as is being said by some trolls on social media.Justice CR Dash.The other way to look at it is that the judgment is just an advice of a father to his daughter. If my daughter would be in a love affair with a person and she dates someone, then I shall tell her frankly that you can go on dating, but avoid sex. A mountain is being made out of a molehill. Any father would give such an advise to his daughter.I would also want to clarify that the judgment has nothing to do with the ideology of RSS, as is being said by some trolls on social media.We are after all Indians...no doubt we are living in a modern society, yet our frame is still conventional. Sex is still taboo in our society. I have visited so many places, be it villages or cities, and after my conversations with people, I can say sex is a taboo for most of the segments of the society. You may see from the statistics that even the cases under the Protection of Children from Sexual Offences (POCSO) Act. Majority of cases come from the middle class and not from the higher class. That is why I said that my judgment is basically an advice of a father to his daughter..NB: The apex court in that same matter also questioned the manner in which some High Court judges were using their powers under Section 482 CrPC to quash cases. Is there a need for more restraint in this regard?.Justice Dash: I think the Supreme Court sits on a higher pedestal and may have witnessed many such instances. Yet, I cannot say that some High Court judges are misusing their inherent powers provided under this very provision. But there cannot be any restraint on judges, as it will harm the independence of judiciary. A judge cannot be expected to work better after unreasonable restrictions are imposed on him..NB: Judges are often easy targets for online trolling. Do you think this is an issue that needs to be addressed? If so, what measures would you suggest?.Justice Dash: Trolling is not good. I would say as it creates pressure on the judges. People are using foul language against the judges, which is unacceptable. They do not know under what pressure or in what situation judges work. It is very easy for people to point fingers at the judges and circulate misinformation. I think it's high time, the Government of India must address this issue. At least a judge must be permitted to work without any interference by social media.To the fortune of the Indian judiciary, we have got a very brilliant and competent Chief Justice of India, who is a real gentleman. If the people of this country do not know how to respect such a gentleman, it is their fault. He is a benevolent person..NB: What is your view on the Collegium system of appointments and transfers?.Justice Dash: I myself am a victim of the Collegium system, which is not transparent at all. It is easier to become a judge nowadays. A person may not qualify for the service of the Prime Minister or even a clerk, but he may easily become a judge. If multiple persons are associated, then the entire thing gets polluted. When one person takes the decision (for recruitment) he may work properly, but when more than one person is involved in recruitment, then they do business.One also cannot ignore the position of the government as it is one of the main stakeholders. Nowhere in the world do we see judges appointing judges..NB: A former judge of the Calcutta High Court (Justice Sanjib Banerjee) said on record that the High Court has become a "dumping ground" for unwanted judges. Do you agree with this view? He also said that such judges hardly sit in the court after being transferred, is it so?.Justice Dash: (Laughs) It is true that the Calcutta High Court has become a dumping ground for unwanted judges. Judges from anywhere and everywhere are being transferred to Calcutta High Court. As far as such judges not doing much productive work is concerned, it is correct because in most cases they have no choice. .Moreover, transferring unwanted judges directly affects the disposal rate and also tarnishes the image of the High Court, especially for Calcutta, which is the first Chartered High Court of our country. It is also a punishment for litigants. Even judicial appointments are delayed for no reason. All this should be a cause of concern for everybody.There was this face-off kind of a thing between the government and the Supreme Court. One should understand that every government has its own reasons and own policies. When you know their policy, why to send names whom you know the government would not agree to? In all this process, only the litigants suffer..NB: What are your post-retirement plans? Do you intend to contribute to the RSS?.Justice Dash: There's nothing like an RSS membership receipt. I am basically an agriculturist. I have to do a lot of work for my native place, which is not a developed area. I will play with my dogs and the calves at my farm. But yes, if RSS gives me some task or if the government gives me any offer of becoming a chairperson of any tribunal, I will consider it, but I will not apply for the same.