"Functioned as Constitutional Judge, Not Kashmiri Hindu": Former SC Judge Sanjay Kishan Kaul on Article 370
Former SC Judge Sanjay Kishan Kaul discusses balancing personal heritage as a Kashmiri Hindu with his role in the Article 370 verdict.
In a candid reflection on the intersection of personal identity and judicial responsibility, former Supreme Court Judge Justice Sanjay Kishan Kaul has opened up about the mental fortitude required to preside over some of India's most contentious legal battles. Speaking with ANI, Justice Kaul detailed how he navigated his ancestral roots during the landmark proceedings regarding the abrogation of Article 370.
Separating Heritage from the Bench
Justice Kaul was part of the five-judge Constitution Bench that unanimously upheld the government's decision to scrap Article 370 in December 2023. Despite his family's history as Kashmiri Hindus who endured the trauma of the 1947 Partition and the subsequent instability in the region, he maintained that his personal background played no role in his legal reasoning.
"I was a judge there. I am not a Kashmiri Hindu there—that's why I was able to carry that," Justice Kaul stated.
He reflected on the suffering his family faced due to the Kashmir problem, noting that just as his family had to move forward after the Partition, he believed the nation and the region must also move on.
The Call for a Truth and Reconciliation Commission
While upholding the abrogation, Justice Kaul authored a concurring opinion that looked beyond the legalities of the act toward the emotional and social healing of the region. He recommended the establishment of an impartial "Truth and Reconciliation Commission" to investigate human rights violations committed since the late 1980s.
He emphasized that a primary source of pain for aggrieved communities is the lack of official acknowledgement. According to Justice Kaul, the first step toward healing is for the state to admit that atrocities occurred and that those actions were wrong.
Acknowledging the complexities of the conflict, he noted that grievances are not one-sided. He pointed out that while the army and armed forces were fighting a war, mistakes may have been made, and those affected also seek closure. He questioned how many more generations must live under a system of perpetual grievance before a healing process begins.
Defending the Rafale Verdict
Justice Kaul also addressed the lingering criticisms regarding the Supreme Court's handling of the Rafale fighter jet deal. He asserted that the judiciary is not an appellate authority over the Indian Air Force and cannot replace the technical and executive expertise required for national defense procurement.
He argued that the court did scrutinize the records and concluded that the government's choice of aircraft was its own prerogative. He suggested that if there were criminal offenses involved, the appropriate route would be to file a criminal case rather than expecting the court to act as a technical auditor for defense deals.
On Political Perceptions and Viral Controversies
Responding to the notion that court rulings are often viewed through a political lens, Justice Kaul maintained that judgments are based strictly on law and facts. He noted that his own record includes decisions that favored the government as well as those that went against it, leaving various political factions aggrieved at different times.
Finally, the former judge cleared the air regarding a viral photograph of him with Saurav Das, a leader of the Cockroach Janata Party (CJP). Dismissing claims of mentorship or ideological alignment, Justice Kaul explained that the photo was taken a year ago at a brief Diwali gathering.
He clarified that Das was a journalist at the time and had insisted on a visit. Justice Kaul mentioned that he had only dropped in for ten minutes and had simply advised the young journalist to "taper down" his language, attributing the difference in tone to generational gaps in political expression.