Former CJI Ranjan Gogoi delivering the keynote address on “Ensuring an Independent Judiciary under our Constitution” says “I have noted that there was much criticism on my participation in this discussion. But with more criticism, I was more determined to speak”.

On the Collegium system of judges appointment, Justice Ranjan Gogoi says - “the collegium system is fine. The problem is with individuals running the system. The problem is not necessarily from collegium members, but from outside the collegium but within the judiciary.”

Justice Gogoi backs strengthening of the constitutional scheme for protection of judges - “there are numerous complaints being made against judges, all of which cannot be entertained. A procedure for an in-house inquiry is there for serious complaints against higher judiciary”.

“The inquiry procedure is the same for all judges in the higher judiciary. It does not contemplate participation of lawyers, witnesses or outsiders. If a complaint is dismissed, the report is not made public because it may embarrass the judge” : Justice Ranjan Gogoi

Justice Gogoi says that the office of the judges has been made so “vulnerable” that good people and young lawyers are not keen on becoming judges anymore. “You can’t drive a judge through an enquiry straightaway. Judges won’t be able to function.”

Justice Gogoi says “there are activists, web portals & some media orgs who have laid down “identification” for an “independent judge” - someone eloquent on issues of marginal communities, suppression of fundamental rights & an advocate of free speech even to the extent defamation

On the issue of post-retirement appointment for judges, Justice Gogoi says that the question was not unexpected given the kind of comments on social media platforms before he delivered the address on the webinar.

Justice Gogoi says - Retd judges can be put in 3 categories:

1. Retd “activist” judges who immediately after retirement say many things not said while in office

2. Judges who do independent commercial work - arbitrations etc

3. Judges who take up post retirement engagements

Only the third category is said to be compromising on judicial independence. Why not the other two categories? Who are the activist judges working with? Who is giving them a platform? What about retiring judges getting friendly with commercial lawyers? Why are no questions asked?

On the issue of non-disclosure if Collegium transfer orders, Justice Gogoi cites a recent “Madras transfer” controversy. “The reasons for the transfer included conduct, character and dubious financial deals. If I were to upload these reasons, god knows what would happen” he says.

On the Ayodhya judgment, Justice Gogoi says - “what is the need to disclose the author?

During the tenure of a judge, there is a list of 32 cases decided by him where the author is not named. No questions were raised then. I myself have authored 13 judgments without any name.”

“The questions on the Ayodhya judgment, I’m sorry to say are being raised by critics who want the five judges to pen down separate judgments so that the verdict could not come out before my retirement” says Justice Ranjan Gogoi