CJI-Designate Justice B.R. Gavai Calls for Strong Action Against Trolls Targeting Judiciary
Chief Justice of India-designate Justice B.R. Gavai has asserted that individuals who scandalise the judiciary on social media and resort to personal attacks on judges must be dealt with firmly, stating that there can be no compromise when it comes to upholding the dignity of the courts.
“I have no second opinions about that. If it is a matter of somebody hurting the dignity of the court, there is no compromise,” Justice Gavai stated during an interaction with media persons at his residence. He added that the Executive must also extend support to the judiciary in such circumstances.
Justice Gavai, who will be sworn in as the 52nd Chief Justice of India on May 14, also noted that he would be the first Buddhist to hold the position.
Speaking to The Hindu, he shared that his father, former parliamentarian and Governor R.S. Gavai, had converted to Buddhism along with Dr. B.R. Ambedkar in 1956.
Responding to questions regarding recent derogatory comments made by BJP MP Nishikant Dubey against the Supreme Court and Chief Justice Sanjiv Khanna, Justice Gavai remarked that the remarks amounted to Contempt of Court, even though CJI Khanna had refrained from initiating action. “Some other judges would have taken a different view,” he said, underscoring that reactions vary from person to person.
He also took exception to criticism of the Supreme Court's use of its powers under Article 142 of the Constitution, dismissing Vice-President Jagdeep Dhankhar’s comparison of the provision to a “nuclear missile” as unwarranted. “No, we do not do that,” Justice Gavai asserted.
Calling for judicial restraint, Justice Gavai said High Court judges should avoid distasteful remarks in and outside the courtroom. He recommended periodic training for High Court judges to address lapses in judicial conduct and emphasised that judges should refrain from commenting on sub judice matters. “We are talking about two or three judges out of over 900,” he said, suggesting such instances are rare.
On transparency, Justice Gavai supported asset declarations by Judges but acknowledged concerns regarding potential misuse of such information. “Speaking for myself, I have always disclosed my assets to the Chief Justice since my time in the Bombay High Court,” he added.
Regarding judicial appointments, Justice Gavai expressed openness to a reformed version of the National Judicial Appointments Commission (NJAC), stating it was “not a bad thing with some tweaks.” He said the Collegium has always involved the government in the process of recommending judges.
He further clarified that he has not witnessed any external pressure on judges to influence verdicts. “Personally, I cannot find anyone doing that to judges... I have not seen anyone exert any pressure,” he said.
Justice Gavai also touched upon gender representation in the Supreme Court, indicating that the Collegium would soon take a call on recommending more women judges to the Apex Court.
With Justice Bela M. Trivedi retiring on June 9, Justice B.V. Nagarathna will remain the only woman judge on the Bench.
The CJI-designate reiterated his commitment to declining post-retirement positions, saying, “I had decided from day one that I will not accept any post-retirement jobs.” He also dismissed the efficacy of a two-year cooling-off period for retired judges, calling it inconsequential.
On the recent terrorist attack in Pahalgam, Justice Gavai said the judiciary is an integral part of the country and cannot remain aloof during such times. He convened a Full Court and observed a two-minute silence in the Supreme Court to pay tribute to the victims, after securing permission from CJI Khanna, who was abroad.
[Source: The Hindu]