Sunday, December 7, 2014

Tribute to Justice Krishna Iyer
India has lost its greatest judge, one of the finest minds and a human being par excellence in the death of Justice V. R. Krishna Iyer. He scored century in his life, but scored several centuries in judicial life. Despite his old age and failing health his mind was rapier sharp and was always alive to social problems. He was a role model for judges. Now judges are arrogant and arrogant people cannot do justice. Krishna Iyer had a heart that was softer than butter. In Hindu scriptures, we find the comparison of human heart with butter. Butter starts melting at the slightest of heat. Human heart is even softer which melts when someone else gets heat though butter melts when it gets heat itself. Nietzsche swooned to see a horse being flogged. Judges should be compassionate like that.
He was the only judge who had the privilege of being a member of legislature as MLA of Madras and then Kerala Legislative Assemblies, of executive as a minister in Kerala and of judiciary as a judge of the High Court and that of the Supreme Court. He came to the apex court at the behest of India Gandhi. Mohan Kumaramangalam lobbied for him though Chief Justice S. M. Sikri had rejected his name in view of his active political background. But he did not spare Indira gandhi when she filed an appeal against the judgment of the Allahabad High Court which set aside her election to Lok Sabha. On 24 June 1975, he granted partial stay; she could continue as PM but not as MP and could not vote in Parliament. it was a big set back to her. on 25 June, the Emergency was imposed. So, his judgment was also a big factor in the imposition of the Emergency. He introduced PIL; entertained a letter written by Sunil Batra from Tihad on a post card which he converted into a writ petition. He was the only judge who was gaoled in independent India in 1948 on the charge of helping communists who supported violence though Iyer was personally against violence. But the Madras govt. could not substantiate the allegation in court and he was released after one month. However, his imprisonment gave him a n opportunity to experience the horrid condition obtaining in jails. Thus jail reforms became his life long passion which he implemented as the jail minister of Kerala. His command over language was par excellence.
I had the privilege of knowing him personally; he wrote the foreword to my book "Justice, Judocracy and Democracy in India: Boundaries and Breaches", published by Routledge. I went to his Koch residence "Satgamaya" with the manuscript, read out some portions, and he immediately started giving dictation. I bow down to him who always remained an angry young man- angry at the injustice and insensitive system, restless to overhaul it and usher the mankind into a heaven of freedom and justice. The kind of him will never be again. Pranam.