Widely described as a "people's judge," Justice Hima Kohli recently retired from the Supreme Court. In an exclusive interview with TNIE's Suchitra Kalyan Mohanty, she candidly spoke on various issues. Here are some excerpts.
Q: You delivered 39 judgements and were a part of 207 benches, during your three-year tenure as a SC judge. You were described as a "fierce protector of women’s rights" & a "fearless symbol of women's empowerment," how do you see it?
A: I don't know how to look at the way I'm described. It is the perception of others about me. Perhaps that is more important. But I certainly think that the voice of women should be heard more often. They carry with them a different experience on the bench. This is true even when they are litigating lawyers. They have a different experience and a different approach to litigation as compared to her male counterpart. And all in all, when women sit on a bench, that experience translates into orders which have a different perspective and underpinnings because of the experience they carry.
Q: During your career was there any kind of political pressure on you?
A: Personally speaking I haven't come across any such occasion where I could be pressurized. In any case, I don't think anybody had the guts to approach me with any such kind of pressure. As far as I am concerned whatever I did, I did with a free mind and with an assurance that it was within the four corners of law, and that ultimately, let us not forget, a judge is answerable to her conscience right...?
Q: You dissented on a couple of SC verdicts. How would you like to describe it?
A: A dissent is a view one must respect. It is not necessary that all of us think alike. We come from different backgrounds, cultures, viewpoints, philosophies in life. The idea is that if there is a dissent, it only shows there's a healthy view of and two thought processes in a matter. But it's not often that I have dissented. It was not planned. I dissented only in a couple of matters.
Q: You served the SC for around 3 years. How do you describe your tenure as a SC Judge?
A: Three years is very brief period to be able to contribute as effectively as one should have. If I did have a bit longer time in the SC, maybe I could have made more effective contribution than I have done. I have done my best in this period of three years. It has been a very enriching experience. I'm happy that I had exactly three years and I'm exiting on a note where there's still something left of life to lead.
Q: It was a landmark and historic day in the SC and judiciary on Aug 31, 2021, when you took oath, along with two more women judges? How do you feel when you look back?
A: It was, in fact, the first time in the history of SC that nine judges took oath together from different states, from different HCs, out of which it was matter of chance that we were three women who took oath together. That was also the first time in the history of SC we bonded well amongst us. I had said in my farewell speech that we, nine of us describe ourselves as V9 (Victory 9) and have a nice special bonding with each other, having come in together almost like batch mates. We've not only bonded, we work together, sat on benches together from time to time, and carry on with that relationship for ever.
Q: It is good that women and women lawyers are joining higher judiciary as judges to ensure that women's participation is required in it. Also, the SC Collegium's role and responsibility in giving the fairer sex a great boost. How would you describe it?
A6- The question of women joining would arise only when the collegiums in different state high courts take them into consideration while shortlisting the names for being recommended as judges. The important part is that there should be enough women in active litigation practice for those pool to expand, pool of selection to expand. Till that happens, they can't be more women coming into onto the judiciary, because their practice and their experience is something which the Collegium looks for that is important when it comes when it comes to the High Court, when it comes to the Supreme Court, the pool shrinks, because, at least in this generation and for the next, perhaps few years, it will take time for more women to reach the higher echelons of the judiciary, for coming into the zone of consideration.
Q: SC Collegium is the best option of appointing judges in higher Judiciary?
A: Absolutely! The SC Collegium appointing judges as it stands today is the best one....
Q: Any case, do u remember, that people needs to know about it? Or any difficulty in coming to a logical conclusion?
A: As a HC judge, I heard a matter of a young civil servant (officer) who did not mention the state which she prefers. She was a topper, but she did not fill up her preference of state on that time. According to her, there was no lag, but according to the state, there was a lag so she did not get her choice of preference of states. It was a touch and go matter.
Q: Any fond remembrance of a case or anything as a judge ?
A: As a HC judge, I have come across cases relating to students. For instance, students who for some reason have missed their classes and were on the verge of losing an year. In some cases, there were students with financial constraints. All these were difficult cases. I remember the case of a young student who was denied entry pass to attend the exam by the university due to attendance shortage. He came at the eleventh hour. My house is literally across the road from the High Court. We heard the matter till late in the evening. We worked through the night and ensured that the university handed over his ticket at 9 am so that he could attend the exam.
I do remember how we all stayed awake. My mother and my sister sent us tea and snacks at nine in the night to the court premises...
The person cleared the exam. He came and thanked me. But he won the case on his own merit...
Q: It is often said that, mein SC jaunga? Will get Justice there. But the person has to wait for long time for getting justice?
A: Two angles to it. In most countries, the Supreme Courts don't deal with bail matters or related cases etc., which end with the level of the High Court. Most SCs deal with constitutional matters which are far less in numbers. But in India, we are not dealing only with constitutional matters. We are dealing with many routine matters right from landlord-tenant issues to several others...
Q: How could the judiciary better manage the disposition of cases. The pendency of cases in the courts are huge and is increasing day after day ?
A: By not giving adjournments and speedy disposal of cases. Maybe the state or Centre should refrain from going on in appealing in higher courts.
Q: Your suggestions and advise to lawyers who wanted to be part of the judiciary?
A: Lawyers who seek to work in the higher judiciary must work sincerely and honestly. They should hone their skills, prepare their cases, and study case laws with focus on their niche area-- civil, criminal, or any other they want to.
Q: What are your post retirement plans?
A: I am not retiring, rather as I also said in my farewell speech that I am reattiring. I stand by that. I will try to do nature photography on birds, flowers and trees. I may write poetry. I am also a trained mediator under the Singapore International Mediation Centre as a SC judge. So let me see what I can explore more.