'BJP's Philosophy Conforms With My Thinking': Ex-MP High Court Judge Justice Rohit Arya Joins BJP

Three months after retiring as a Madhya Pradesh High Court Judge, Justice Rohit Arya joined the Bharatiya Janata Party (BJP) this Saturday. He retired as a judge of the MP HC three months ago, on April 27.

In an exclusive interview with Live Law, Jutsice Arya shed light on various pertinent issues, ranging from his judicial decisions in certain cases to his motivations for entering the political arena to his views on three new criminal laws. 

Excerpts from the interview

Why BJP?

Justice Arya said his decision to align himself with the BJP stems from a deep-rooted belief that the party's philosophy resonates closely with his principles.

"My thinking aligns with the philosophy of the BJP, a party that believes in human values...My effort is to ensure justice for the marginalized and downtrodden sections of society. I want to bring such people into the mainstream, and the BJP, as a political party, will help me in doing this" : he said in the interview with Sparsh Upadhyay, Associate Editor of LiveLaw.

He said that with the BJP, he would be able to convert his ideas for the people into reality and that his role would be to advise them on a series of issues that affect the people at large.

"As a judge, I have always worked for the downtrodden. I want to ensure socio-economic justice for even the last man in society; this remains my philosophy. I will continue to be in public life, helping others. By joining BJP, I will continue to work for the people and for the cause of humanity," he said.

However, he clarified that he has no interest in electoral politics and doesn't intend to fight elections. "Politics is not my cup of tea," he added.

Thoughts on new criminal laws

Hailing the three new criminal laws [Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam(BSA)], Justice Arya said that the justice delivery system from ancient times (Sanatan kaal) had been incorporated into three laws.

He opined that the provisions in the three laws are oriented towards justice, which indicates that these laws embody principles and practices that aim to ensure fairness and justice in their application.

"Sanatan kaal mein jo justice delivery system tha, use in 3 kanoonon mein incorporate kiya gaya hai. Ye kanoon ache hain, inhe mera samarthan hai. All the provisions are justice-oriented. Provisions concerning giving protection to women, children, as well as the accused, is incorporated in the three laws" he said.

On his order denying bail to Stand-up Comedian Munawar Faruqui in a case related to allegedly hurting Hindu deities

During the interview, Justice Arya discussed his stance on the Munawar Faruqui bail order. For context, Faruqui was arrested on January 2, 2021, in Indore for allegedly hurting religious sentiments during his comic show.

Justice Arya rejected his petition for bail on January 28, 2021. He had noted that there was prima facie evidence to suggest that Faruqui had actually intended to outrage religious feelings “under the garb of stand-up comedy”.

However, on February 5, the Supreme Court granted Faruqui ad-interim bail after noting his counsel's submission that the arrest was made in violation of Section 41A of the Code of Criminal Procedure.

"Mera manna hai ki agar aap bhawnaon ko thes pahunchayenge, to aapko sbakar milna chahiye. Ab us case ka Supreme Court mein jakar kya hua, uspe mujhe kuch nahin kehna." [I believe you should be taught a lesson if you hurt someone's feelings. I have nothing to say about what happened in that case when it went to the Supreme Court (Faruqui was granted ad-interim bail)], Justice Arya Said.

On his order imposing Rakhi-Tying Condition for Bail

During the interview, Justice Arya also recalled his July 2020 order that gained nationwide attention, in which he mandated an accused to have a rakhi tied by the woman whose modesty he allegedly outraged. However, the order was later set aside by the Supreme Court with the following observations:

"Using rakhi tying as a condition for bail, transforms a molester into a brother, by a judicial mandate. This is wholly unacceptable, and has the effect of diluting and eroding the offence of sexual harassment..."

In this case, the applicant, a neighbour, had allegedly entered the complainant's house and grabbed her hand in an attempt to outrage her modesty, according to the prosecution.

Justice Arya said his idea was that the matter gets settled among the parties. He said:

"Section 354 IPC ka mamla tha, halanki (accused ne vicitm ka) bas hath hi pakda tha, no doubt nahin karna tha lekin dono ek hi gaon ke the, maine socha matter aapsi sulah se khtm ho jaaye. Vitcim-accused ke beech patchup ho jaaye. Retributive justice ka concept hota hai, jahan victim aur accused ko samne baitha kar mamla suljha liya jaata hai. Mera to wahi prayas that." [The case involved Section 354 of the IPC, where the accused had merely grabbed the victim's hand. No doubt, he should not have done so, but since both parties were from the same village, I thought it best to resolve the matter through mutual reconciliation. There is a concept called retributive justice, which involves resolving issues by bringing the victim and accused together to settle the matter amicably. That was my aim in that case.

Thoughts on Judges joining politics post-retirement

When asked about his thoughts on Judges joining politics after their retirement, Justice Arya emphasized that a Judge must maintain impartiality and uphold the law without any partisan bias while on the bench, which is a fundamental requirement to ensure fair and just adjudication.

However, he added, once retired, the judges are entitled to lead their lives and express their personal viewpoints like any other citizen.

He added that there is no inherent conflict if a retired judge decides to join politics, provided that during their tenure as a judge, they upheld a non-partisan stance and discharged their duties impartially.

"A judge is a human being, too. Once he retires, he has a life and can express his viewpoints; there is nothing wrong with it. Yes, a judge, while on his chair, must ensure that he adopts a non-partisan viewpoint...Maine hameshe yeh kaha hai ki Judge hote hue one should never play with your seat. Never pollute your duty. Hamesha constitution par khare utarna chahiye. Judge ki seat badi pious hoti hai, uske sath waise hi pesh aana chahiye" [I have always maintained that while being a judge, one should never play with their position or pollute their duty. It is crucial to always stand firmly with the ethos of the Constitution. A judge's seat is highly sacred, and one should uphold it with the utmost respect and integrity.]

About Justice Arya

Born in April 1962, Justice Arya was sworn in as Judge of the High Court in September 2013. He was made a Permanent Judge in March 2015. He retired in April this year.

He enrolled as an advocate in August 1984 and was designated a Senior Advocate in August 2003. He practised for more than 29 years, primarily in civil, commercial, arbitration, administrative, service, labour, and tax law.