‘I would have lodged an FIR against Narendra Modi on charges of genocide and manslaughter’ : Former Supreme Court Chief Justice V.N. Khare

An interview with former Chief Justice of the Supreme Court, VN Khare.. carried in print edition of Hardnews, March 2012.
More and more issues are going to the courts. Is it a failure of the other institutions of our system? 
No, it will be wrong to say that. With economic progress and development, all these things are bound to come. It is human nature and there will be disputes. It is part of the system. You can’t visualize a society without the judiciary. You can’t imagine a democracy minus the judiciary. You can as well go to China then. Once I was in Beijing and I happened to meet the Chief Justice of China. I asked him, “What do you do if your prime minister or other top officials don’t follow your order?” He said nothing. He asked me, instead, so what would you do? I told him that I can send them to jail for six months if they don’t follow the court verdict. He was surprised. So, if you have a democracy, you have to have a judiciary. 
Do you see any flaws in the current judicial set-up? 
You can’t say that any institution is flawless. There is a difference between the judges and the judiciary. Some judges may be proper, some may be corrupt. Judges come from the same society from where you come. He must be having someone in the family who is a politician or a bureaucrat. We don’t import judges. So the aberrations we are seeing are a reflection of the society. It’s not a failure of the institution. If you compare the judiciary with other institutions, then I can very proudly say that it is much better. People still have confidence and faith in the judiciary. They have not started saying that going to the court is going to be useless. So, till the time people have this confidence, I feel we need not worry much. The only thing we should be worried about is this: whatever corruption has seeped into the judiciary, as a reflection of the degeneration of the society, the judiciary as an institution should try to rectify it
What are your observations on recent judgements on PILs, like the one on 2G? 
I have entertained so many PILs during my tenure. I started doing it after the Gujarat riots in 2002. A State-sponsored genocide was on, and nobody had the courage to speak against it. The prime minister was quiet, the deputy prime minister did not utter a word, the president also did not say a thing even after so many people had been killed. All the accused were being let off. It was then that I took it up. There were 400 cases and I read the FIR. I am amazed that even after carrying out such a big investigation, they did not find anything. I just read the FIR and concluded that it was a State-sponsored genocide. 
I will tell you two cases. Best Bakery was set on fire at 6:45pm. There was a thousand-strong mob which had surrounded Best Bakery and set it on fire. Understand the topography and you can easily conclude that it is a State-sponsored genocide. At a furlong a police patrol van is stationed, it is also mentioned in the FIR. One-and-a-half-kilometre away is the police station. An ACP is sitting there, according to the FIR. Then it goes on to say that at 11:45pm the fire recedes on its own. These are the broad facts. Now, tell me, a fire brigade could have gone and doused the fire? Some lives could have been saved. Why didn’t that patrol police van go and intervene? I read the FIR and concluded that it is a State-sponsored genocide. I said, had I been in a position, I would have lodged an FIR against Narendra Modi on charges of genocide and manslaughter. I said it in the open court. So, in such circumstances, what inquiry do you need – when even one fire extinguisher couldn’t come, nobody could even throw a bucket of water! 
Now, see the Gulbarga society case. Ehsan Jafri calls the police and an ACP comes. Jafri is not the only one there; there are many more people in his house. The ACP tells Jafri, I can take you from here. He refused and said, how can I go alone when there are so many others? He said, I will go only if you take the others. The ACP just refused. The moment this ACP leaves, Jafri’s house is set on fire. Why didn’t any fire extinguisher come to this society which is in the heart of Ahmedabad? Scores of people were charred to death. 
So, at this stage, I took the PILs. If democracy has to function, then it is the duty of the majority to protect the minority. Who constitutes the government? It is the majority. And when they failed in this duty, that is when I took up theGujaratcase. So, when you see the system has failed, then you have to take up such causes. 
Some recent judgements have faced a lot of criticism. Top legal luminaries have termed as ‘hyper-activism’ the way in which the judiciary is intervening in policy-making. What do you think? 
I, too, believe that in a couple of cases they went too far. They should not push their ideology in deciding cases. They should not colour the judgements with their ideology. It is going too far. It may sometimes rebound. But in their wisdom they have done it. .. 
read full interview:

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