The day she demitted office as the chief justice of the Telangana High Court, she was promoted to the Supreme Court in 2021. Now retired, Justice Hima Kohli has been described as a “people’s judge,” a “fierce protector of women’s rights” and a “symbol of women’s empowerment.” In an interview with Suchitra Kalyan Mohanty, the judge spoke on a range of issues the judiciary is grappling with.
Excerpts:
You served as the Supreme Court judge for almost three years. How do you describe it?
Three years is very brief period to be able to contribute as effectively as one should have. I took oath as a judge of the apex court virtually on the eve of my demitting office as a judge of the HC. I’m grateful that I was considered by the collegium headed by CJI N V Ramana (retd) to be elevated to the SC, along with eight of my other colleagues. Had I stayed a little longer time in the Supreme Court, I could have perhaps made more effective contribution. I did my best in those three years. It was a very enriching experience.
Judges, lawyers and people have described you as one of the finest judges. As an SC judge did you get enough time serve the cause the justice?
I think whatever time one gets, one should make the most of it. I would think that by the time many of us enter the Supreme Court, we are left with about four years before we officially retire. Maybe, we need more time to contribute to the court for a longer time.
You became the first woman CJ of Telangana HC. How do you see your tenure?
Telangana was carved out of Andhra Pradesh. Their courts were common; till about 2019, the high court was unified. It was an enriching experience for me, as the first woman CJ and the second CJ of that state. A huge pendency of cases was a daunting task. When I went in, I was the only woman judge. By the time I left, a request had gone to the SC to increase the number of judges. I requested the then CJI Ramana to expedite the process. Fortunately, it was during my tenure that the judge strength went up from 24 to 42. This was one of the steps to handle the prolonged litigation period.
It was a landmark day for the judiciary when you took oath, along with two more women judges in the SC on August 31, 2021? How was your experience?
It was the first time in the history of SC that nine judges took oath together from different states, from different HCs. It was a chance that we were three women who took oath together. That was also the first time in the history of SC we bonded well among us. I said in my farewell speech that we, nine of us describe ourselves as V9 (Victory 9) and had a special bonding, almost like batch mates. We worked together, sat on benches together from time to time, and have carried that relationship forever.
You delivered 39 verdicts and were a part of 207 benches, during your tenure as the SC Judge. You are praised as a “fierce protector of women’s rights.” Your reaction.
People’s perception is important. However, I certainly think that the voice of woman should be heard more effectively. They carry with them a different experience on the bench.
How would you describe the SC collegium’s role in giving a bigger role to women in the judiciary?
The question of more women joining the higher judiciary would arise when the collegiums in different state HCs take it into consideration while shortlisting names. The important part is that there should be enough women in the pool of selection. That pool must expand. Till that happens, you can’t have more women coming into judiciary. The point is when it comes to high courts and the Supreme Court, the pool shrinks. It will take time for more women to reach the higher echelons of judiciary.
During your tenure in Delhi and Telangana HCs or an SC judge, was there any political pressure on you?
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 kind of pressure. People kept a respectful distance. Whatever I did, I did it with a free mind and with an assurance that it was within the four corners of law. Let us not forget that a judge is answerable to his conscious.
Is it the best option to appoint judges to higher judiciary through collegiums? Is it the right method where judges appoint judges?
The collegium route is the best one, as it stands today. Judges are strictly not appointing judges because there is a role of the state in it. After all, files go to the government. Many times, these files are returned. The selection process in ‘judges appointing judges,’ also involves clearance from the Intelligence Bureau. The SC collegium does its duty diligently.
You’ve dissented on a couple of SC verdicts. How would you like to describe it?
A dissent is a view one must respect. It is not necessary that all of us think alike. We come from different backgrounds, cultures, and have varied viewpoints and philosophies in life. But it’s not often that I dissented. It’s not planned, it happened that too in a couple of cases where I differed.
What are your post retirement plans?
I am not ‘retiring’, I said that much in my farewell speech. I stand by that. I will try to do photography on nature, birds, flowers and trees. I may also write poetry. I am also a trained mediator under the Singapore international mediation centre as an SC judge. I will see how I can explore more of this world.