Altamas Kabir grilled by Thapar: denies NEET leak, didn’t know Dave would dissent, attacks TOI

Ex-Chief Justice of India (CJI) Altamas Kabir denied any knowledge of an alleged leak of the NEET judgment presided over by Kabir in a CNN-IBN interview with a typically combative Karan Thapar.

On 18 July, several hours before the Supreme Court’s judgment in the National Eligibility cum Entrance Test (NEET) case, advocate Gopal Sankaranarayanan had written a column accurately predicting the outcome of the case, that Justice Dave would dissent and the number of pages of the judgment, as reported on Legally India at the time.

“I wouldn’t know because I don’t know that it was leaked. I have no knowledge whatsoever,” Kabir said when asked by Thapar whether the NEET judgment was leaked.

Kabir added: “Who gains by the mistake? Number one. And number two is, how did he know Justice Dave was going to dissent? […] Suppose it was leaked from my chamber […] where the judgment was prepared […] how did anybody know that Justice Dave would dissent. My view is it was simply some sort of a speculation.”

So it was a coincidence that it was predicted so accurately, probed Thapar.

“Not very accurately,” responded Kabir. “What he did predict to some extent was true, that it would be about 190 pages. Apart from that…”

Thapar interrupted Kabir that three predictions were correct, also including the gist of the verdict. Kabir reiterated that the fact that “Justice Dave was going to dissent was something that was not known to us [Kabir] till the very end”. After Thapar pressed Kabir, the former CJI insisted that he was “absolutely” sure that the leak, if any, did not come from his own chambers.

Jaiprakash

Kabir also defended himself against his stay in the Jaiprakash case, that his successor P Sathasivam criticised earlier this week.

Kabir told Thapar that both Sathasivam and his NEET co-bencher Justice Gogoi denied personally to Kabir that they had said what had been reported. He also said that he would “take some kind of positive steps”, get the judges’ words in writing and if “necessary take it up to the Times of India”.

He agreed that he was both, in the words of Thapar, “embarrassed and annoyed”, by the episode.

Press release

Kabir had issued a press release on Wednesday alleging media bias in several stories about him in the Times of India and the Indian Express.

Kabir said he was forced to issue the release after the “frontline news” in the Indian Express appeared – a report regarding the Gujarat high court chief justice that Kabir had been biased in not elevating him to the Supreme Court, explained Thapar.

Are you being picked upon by the media, asked Thapar. After a pause, Kabir responded, “I would certainly say so from a certain section.”

How did Kabir feel about former colleague judges potentially leaking stories about him? “I wouldn’t want to comment. If there is, I am sorry to hear that such a thing would have happened, but I never would have expected any of my colleagues to do this.”

Kabir said that apart from one of his enemies, Prashanth Bhushan, members of the press might also be against him. While the Indian Express story was not malicious but more likely came out of ignorance, the Times of India was actually motivated.

Thapar brought up Times of India legal correspondent Dhananjay Mahapatra, who was “very highly regarded”, which Kabir agreed with, and asked whether he had an axe to grind with Kabir?

Kabir claimed that Mahaptra was writing things that “were good” while Kabir was in office, but at the same time, “he did want an interview with me, and I said no … that could be one of the reasons. I couldn’t fathom anything else.”

Full 25 minute interview on IBN Live

Comments

Professor Abhijeet Sen 26 Jul 2013, 13:55
+9 -2
I have lost all respect I had for TOI. To pit the present CJI against an ex-CJI by misrepresenting facts is plain disgusting.
Anonymous 26 Jul 2013, 14:33
+6 -0
ah.. he held his ground with Thapar!! That says something... and agree with above comment ^^ misquoting a judge against another is so wrong!!
2 cents 26 Jul 2013, 16:48
+5 -0
With all due respect, Thapar is hardly stud enough tackle or cross-examine a calm and smart lawyer, leave alone a superior court judge who has seen many such lawyers argue before him on a regular basis.
S 26 Jul 2013, 17:59
+2 -0
Exactly.. Thapar is lousy interviewer ... just for fun, do watch his 'interview' of Jayalalita ... she ate him alive .... Too good :)
Guest 27 Jul 2013, 07:15
+3 -1
How can the judges be made responsible for leak of their judgments? When every wall has hundreds of eyes and ears how tough one can fight against these leaks? The question is who is guilty? The person who leaked or who pilfered?Justice Kabir would not have given copy of the judgment to Advocate Gopal Sankaranarayan! Judge rightly or wrongly decide cases and no room to make comments on their integrity be allowed to safe guard judicial independence.
Guest 29 Jul 2013, 00:14
+4 -2
The fact that an ex-CJI was on the defensive within days of his retirement just goes to show how rotten the higher judiciary is. Why is it that hardly any noise was made when Justice Kapadia retired but when Sabharwal, Balakrishnan, Kabir retired there are so many questions. Answer is obvious. Shame on Altamas Kabir!
Anonymous 29 Jul 2013, 11:21
+2 -2
Actually when Kapadia retired there was a lot of mudslinging done at him as well.. regarding the Vodafone case, regarding the removal of mentioning, regarding the registry being given too much power, regarding the appointment of Justice Swatanter Kumar to the NGT much before he (Swatanter Kumar) retired...

I think its become a trend in the judiciary to mudsling at all chief justices once they retire.. and it is not a healthy trend..
Guest 6 Aug 2013, 07:30
+0 -0
Very disappointing that the ex CJI is even giving these kinds of interviews. He should just remain quiet. The press will say what it wants. Ultimately, its the legal community who will judge whether judgements are right or not. And some can be overturned. Also very disappointing is judges making remarks in open court. Judges should restrict themselves to asking questions and should otherwise shut up. If they want to say something, say it in writing in the judgment.