Unbecoming of CJI DY Chandrachud to worry about his legacy: Justice RC Chavan

Retired Bombay High Court judge Justice RC Chavan on Friday criticised outgoing Chief Justice of India (CJI) DY Chandrachud for voicing apprehensions about how history will judge his tenure as CJI..A judge should not be weighed down by thoughts about how public will react to his judgments and what CJI Chandrachud said was unbecoming of an erudite person like him, Justice Chavan said."Public trust does not mean we have to play to the gallery also. How public will view your judgments should not affect or bring fear in writing judgments. When he said he wonders how history will judge him, was unbecoming of such an erudite person, because judges should not be affected by what people might think and just do his job. Extra-judicial concerns should not have weight, thinking of how people might view you is not good," Justice Chavan said.He was speaking at a discussion organised by policy think tank Vidhi Centre for Legal Policy to assess the tenure and judicial legacy of the outgoing CJI..Justice Chavan was referring to CJI Chandrachud's comments last month when he said his mind is preoccupied with thoughts about how will history judge his tenure and what legacy he would be leaving behind for future generations of judges and legal professionals..Senior Advocate Raju Ramachandran, Vidhi's Founder and Research Director Arghya Sengupta and human rights lawyer Maja Daruwala were also part of the panel.Ramachandran praised the outgoing CJI for setting high standards in judgment writing in terms of structure, lucidity and reader-friendliness. "He will rank as one of the finest Supreme Court judges," Ramachandran said.But he also added that great judges too disappoint and the decision in the Ayodhya Ram Temple case by CJI Chandrachud was baffling..Justice Chavan said that from the moment Justice Chandrachud was elevated to the Bombay High Court Bench, he was looked upon and treated as a potential CJI. He also said that Justice Chandrachud was cautious during his tenure as a High Court judge, particularly when it came to his views on homosexuality and privacy. "He had a lot of pressure. He was a source of inspiration for all judges, generally avoided skirmishes and toed the senior's line. He had his views on homosexuality, privacy etc which he articulated. He did not sow these ideas in his Bombay High Court judgments so as to not stir the pot and waited till he was in an actual position to impact the law. He was conservative, conformist and cautious to a fault there (in High Court)," Justice Chavan said. On the shortcomings of the CJI's tenure, Justice Chavan compared it to a batter attacking indiscriminately in the final overs of a cricket match. "The batter perhaps got battered. He has tried to do many things administratively, unfortunately they could not all be completed and he could not have time to improve the judiciary," Justice Chavan opined..Daruwala said that not much has changed on the ground and the CJI could not hide behind excuses or being imperfect for his lapses..Sengupta said the CJI was perhaps bogged down by the high expectations the bar, especially the younger members, had from him.History will be kinder to CJI DY Chandrachud, Sengupta added."I found it surprising when he said there is no fundamental right to marry. (But) History will be kinder to him, I am confident." Responding to a question from the audience on livestreaming, Justice Chavan opined it was initiated prematurely."Public confidence in courts should not get shattered due to live streaming. We went for it without adequate preparation; judges need to be trained for it to show restraint. Like mics, even camera is temptation," he said.