NEW DELHI: The outgoing Chief Justice of India Y.K. Sabharwal on Saturday said there was no friction between the legislature and the judiciary. "There is only difference of perception but it is healthy for democracy."

Addressing a press conference before demitting office here, he said: "There cannot be cosy relations between the two wings in the interest of democracy." It would be dangerous if there were cosy relations, which might come in the way of taking an independent decision. He, however, agreed that there should be a harmonious relationship among various organs of the state.

Asked whether some of the recent judgments led to tension between the judiciary and the legislature, Mr. Justice Sabharwal said, "I do not think that there is any tension. Such a perception has been there in the history of court for 200 years not only in this country but also in England and other countries."

Asked about the judgments in the `cash-for-query scam' and Ninth Schedule cases, he said: "What we have said is that the Acts of Parliament were amenable to judicial scrutiny. Legislatures have accepted that they lay down the law and judges are entitled to interpret it whenever required. Limits are there in the Constitution but interpretation of law has to be done only by the judiciary."

On the death penalty, he said that as long as the law was in the statute book it should be implemented in the rarest of rare cases.

Asked about the court rejecting on Friday the curative petition filed by Mohd Afzal seeking reconsideration of the death sentence (in the Parliament attack case), he said: "Capital punishment should not be looked at only in the context of Afzal. The debate about the death penalty is going on the world over. In Europe, there is no death penalty but it is there in America. The President [of India] is against it. I am personally against it. In Government there are many who support it. There are two views. Opinion is equally divided but the death penalty will be given as long as it is there in the laws. Personal opinion has no meaning for judges who decide cases within the framework of law. The decision to abolish the death penalty rests with the Government."

On media trial of high-profile criminal cases, Mr. Justice Sabharwal said, "As long as such exposure helps the people concerned in speedy trial, it is good." But it could be worse for a judge if his mind was influenced by media reports. "That would be a doomsday as far as the judiciary is concerned."

He rejected the charge that there was no transparency in appointments to the higher judiciary.

On creation of an All-India Judicial Services on the lines of the IAS, the IPS and other civil services, Mr. Justice Sabharwal said the apex court had written to the Centre for creation of such a service, which would help in bringing about uniformity. But it might take some time for the proposal to materialise.

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