SCOARA Condemns Advocate’s Disrespect to CJI BR Gavai, Calls for Suo Motu Contempt Action

The attacker, dressed in full uniform and carrying a bag along with a rolled-up bundle of papers, was quickly restrained and escorted out of the courtroom.

As he was removed, he reportedly shouted, “Sanatan ka apmaan nahi sahega Hindustan,” sparking concern among those present. He later apologized to Justice K. Vinod Chandran, clarifying that his actions were intended only for Justice Gavai.

Despite the disruption, Justice Gavai maintained composure and continued with the hearing uninterrupted.

Recently, the CJI had clarified his remarks made during a recent hearing relating to the restoration of a 7-foot beheaded idol of Lord Vishnu at the Javari temple in Khajuraho, Madhya Pradesh. "I respect all religions", CJI Gavai said today in court while responding to reactions on his comments made during the Khajuraho Vishnu Idol matter.

When a bench of CJI BR Gavai and Justice Vinod Chandran was told that the idol was mutilated during the Mughal invasions, refusing any relief, the CJI had said, "Go and ask the deity now. You say you are a staunch devotee of Lord Vishnu, so go and pray now". This comment resulted in a lot of backlash on social media calling out the CJI for not respecting the Hindu religion.

CJI Gavai referred to his remarks and said, "Someone told me the other day my comments have been portrayed on social media..I respect all religions..".

Solicitor General Tushar Mehta also came out in support of CJI Gavai and said, "I have known CJI for last ten years..this is serious..we know Newton's law, every action has equal reaction..now every action has disproportionate social media reaction..".

In the case, Supreme Court had opined that as Khajuraho is an archaeological site, the permission from Archeological Survey of India would be required. Filed by Rakesh Dalal, the petition claimed that the idol remained in that state despite repeated representations to the government to restore it. Dalal further told court that he had received a response from the Superintending Archaeologist that the responsibility of conservation of the Khajuraho temples lies with the Archaeological Survey of India and the replacement of the beheaded idol was against the conservation rules.

Soon enough, an Advocate had formally approached the Chief Justice of India B.R. Gavai requesting reconsideration and withdrawal of remarks made during the hearing that allegedly hurt the religious sentiments of Hindus.

The representation made by Advocate Vineet Jindal, who described himself as a devoted follower of Sanatan Dharma and Lord Vishnu. stated that while courts have full discretion to decide whether to admit or reject a petition, such discretion must be exercised with due care to ensure that religious sentiments are not unnecessarily hurt in the process. He stressed that the observations attributed to the Bench, including the remarks “Go and ask the deity himself to do something” and the suggestion “so go and pray now,” as reported by several media outlets, have caused deep anguish to millions of Hindu devotees.

According to Jindal, these words, though not part of the judicial record, have been widely circulated and have created a perception of insensitivity towards the religious beliefs of a significant community. He maintained that faith is a protected right under Article 25 of the Constitution of India and deserves the utmost respect from all institutions, especially the judiciary, which stands as the guardian of constitutional values.