In Pursuit of Justice

1. From Freedom Fighter's Son to Champion of Civil Liberties

Father encouraged me, right from a tender age, to watch the Ramlila. It was his unique way of inculcating sanskar (moral values) in us.

Early influences shaped values. Rajindar Sachar's upbringing in a family deeply involved in India's freedom struggle laid the foundation for his lifelong commitment to civil liberties and social justice. His father, Bhim Sen Sachar, a staunch follower of Mahatma Gandhi, instilled in him strong moral values and a sense of public service.

Transition from socialism to judiciary. Sachar's journey from a young socialist to a respected judge and later a champion of civil liberties reflects the evolution of Indian democracy. His experiences in the Socialist Party and later as a judge in various high courts provided him with a unique perspective on the intersection of law, politics, and social justice.

2. The Trauma of Partition and Its Lasting Impact

Will history forgive them? I doubt it.

Partition's human cost. The hasty implementation of Partition in 1947 led to unprecedented violence and displacement. Sachar witnessed firsthand the tragic consequences of this political decision, which uprooted millions and caused immense suffering.

Long-term consequences. The trauma of Partition continued to shape Indian politics and society for decades. Sachar's experiences during this time informed his understanding of communal tensions and the importance of secularism in India's multicultural society.

• Estimated casualties: 1-2 million
• Displaced population: Approximately 14 million
• Lasting impact: Strained India-Pakistan relations, communal tensions

3. Navigating the Judicial System with Integrity and Independence

To be a good judge is to understand what happened.

Balancing law and justice. Throughout his judicial career, Sachar emphasized the importance of understanding the human aspects of cases rather than adhering strictly to legal technicalities. He believed that a judge's role was to deliver justice, not just interpret the law.

Resisting political pressure. Sachar's experiences highlight the challenges faced by judges in maintaining their independence in the face of political pressure. He consistently stood his ground, even when it meant potential career setbacks.

• Key principle: Upholding the dignity of the judiciary
• Approach: Focusing on the substance of cases rather than technicalities
• Challenge: Resisting attempts to influence judicial decisions

4. The Emergency: A Dark Chapter in Indian Democracy

It is well to seek inspiration from his memorable words […] 'The greatest gift for an individual or a nation, so we had been told in our ancient books, was abhaya (fearlessness), not merely bodily courage but the absence of fear from the mind […]'

Erosion of democratic norms. The Emergency period (1975-77) saw a suspension of civil liberties and democratic processes in India. Sachar's experiences during this time, including the arrest of his father and brother-in-law, provide a personal perspective on the broader impact of this period on Indian society.

Judiciary's role. The Emergency highlighted the crucial role of an independent judiciary in safeguarding democracy. Sachar's observations on how some judges succumbed to political pressure while others, like Justice H.R. Khanna, stood firm in defense of civil liberties, underscore the importance of judicial integrity.

• Duration of Emergency: 21 months (June 1975 - March 1977)
• Key issues: Suspension of civil liberties, press censorship, political arrests
• Long-term impact: Strengthened democratic safeguards post-Emergency

5. Upholding Human Rights and Civil Liberties through PUCL

I am mentioning this to show that while they may have had mundane explanations, they retained an aura of spirituality for the family and left an impression on my childhood as well as upbringing.

PUCL's role. The People's Union for Civil Liberties (PUCL) played a crucial role in defending human rights and civil liberties in India. Sachar's leadership of PUCL allowed him to continue his commitment to social justice beyond his judicial career.

Fact-finding missions. PUCL's fact-finding missions, such as those to Kashmir and areas affected by communal violence, provided crucial independent assessments of human rights situations. These efforts helped bring attention to issues often overlooked or misrepresented by official sources.

• Key PUCL activities: Fact-finding missions, legal interventions, public awareness campaigns
• Challenges: Limited resources, resistance from authorities
• Impact: Brought attention to human rights violations, influenced policy discussions

6. The Kashmir Conundrum: A Complex Web of Politics and Human Rights

I believe that on a psychological level, the average Indian looked at what was happening in Kashmir as an act of rebellion by outsiders—they are taking my country away—which they could not agree with.

Historical context. The Kashmir issue, rooted in the Partition of India, has been a source of ongoing conflict and human rights concerns. Sachar's involvement in fact-finding missions and interactions with Kashmiri leaders provided insights into the complexities of the situation.

Dialogue over repression. Sachar consistently advocated for dialogue and understanding rather than repression in addressing the Kashmir issue. His interactions with separatist leaders like Yasin Malik demonstrated the potential for engagement even with those holding divergent views.

• Key factors in Kashmir conflict:
  • Historical dispute over accession
  • Allegations of human rights violations
  • Cross-border terrorism
  • Political aspirations of Kashmiri people
• Sachar's approach: Advocating for dialogue, addressing human rights concerns, understanding local perspectives

7. Balancing Judicial Duties with Social Activism

I view my value system as the legacy of my father. When he returned to Chandigarh after serving a term as the governor of Andhra Pradesh, people thought he must be very wealthy. That was not so. We were—are—an average upper-middle class family.

Ethical considerations. Sachar's career demonstrates the delicate balance between judicial responsibilities and social activism. His approach emphasizes the importance of maintaining ethical standards and avoiding conflicts of interest while still engaging with pressing social issues.

Post-retirement activism. After retiring as Chief Justice, Sachar's involvement with PUCL and other civil society organizations allowed him to continue his commitment to social justice without the constraints of judicial office.

• Challenges in balancing roles:
  • Maintaining judicial impartiality
  • Avoiding perception of bias
  • Adhering to ethical standards
• Benefits of post-retirement activism:
  • Freedom to speak on social issues
  • Ability to leverage judicial experience in advocacy

8. Corporate Influence in Politics: A Threat to Democracy

Regrettably, Parliament ignored these warnings. Not only that, in 1960 it added Section 293A to the Companies Act, 1956, permitting the corporate sector to contribute 5 per cent of their average profits to political parties.

Growing corporate power. Sachar warned against the increasing influence of corporate money in Indian politics. He saw this trend as a significant threat to the democratic process and the principle of equal representation.

Legislative failures. Despite warnings from various quarters, including the judiciary, successive governments failed to effectively curb corporate influence in politics. Sachar's critique highlights the ongoing challenge of balancing economic interests with democratic principles.

• Key concerns:
  • Distortion of electoral process
  • Undue influence on policy-making
  • Erosion of public trust in democracy
• Recommendations:
  • Stricter regulations on corporate donations
  • Greater transparency in political funding
  • Strengthening of anti-corruption measures

9. The Importance of an Independent Judiciary in Preserving Democracy

I am highlighting this conversation for a reason. Later, when Justice Khanna was superseded by Justice Beg, many uncharitable people insinuated that if Khanna Saheb had known that he would be superseded, he would not have written a dissenting judgement.

Judicial independence under threat. Sachar's experiences and observations highlight the ongoing challenges to maintaining an independent judiciary in India. He recounts instances where political pressure and the promise of career advancement influenced judicial decisions.

Exemplars of integrity. The book highlights figures like Justice H.R. Khanna, whose principled stand during the Emergency exemplifies the crucial role of an independent judiciary in safeguarding democratic norms and civil liberties.

• Threats to judicial independence:
  • Political pressure
  • Promise of post-retirement appointments
  • Attempts to influence judicial appointments
• Safeguards:
  • Transparent appointment process
  • Security of tenure for judges
  • Strong ethical standards within the judiciary

Last updated: July 25, 2024