Former CJI BR Gavai Reflects on Shoe-Throwing Incident and Defends Judiciary's Transparency

Following the incident, BR Gavai declined to take any action against the lawyer.

New Delhi:

Former Chief Justice of India BR Gavai recently discussed the shoe-throwing attempt directed at him during court proceedings, attributing his measured response to his personal values and upbringing.

During an interview with ANI, Justice Gavai explained, "Maybe it is a result of my upbringing... I didn't even know it was related to some alleged utterances or observations made by me in court. But I felt I must proceed with the matter, and that was a decision taken in the spur of the moment."

The incident occurred on October 6 when Advocate Rakesh Kishore attempted to throw a shoe at the Chief Justice in the courtroom. Security personnel promptly intervened and removed the lawyer from the premises. While being escorted out, the lawyer was heard saying "Sanatan ka apmaan nahi sahega Hindustan." Despite this disruption, Justice Gavai chose not to pursue any legal action against the lawyer.

Addressing criticism regarding the Supreme Court collegium, Justice Gavai strongly defended its operations, stating, "Collegium is transparent. The allegations that it is opaque are not well-founded." He elaborated that the selection process involves comprehensive interaction and consultation.

He further explained that since Justice Khanna's tenure, collegium members have personally interacted with all shortlisted candidates and gathered input from consulting judges, the executive branch, chief ministers, governors, and the Law Ministry. "Only after taking all these aspects into consideration is a final decision taken," he emphasized.

Regarding criticism directed at constitutional bodies and courts, Justice Gavai characterized such comments as "wrong," stressing that judges make decisions purely based on law, their understanding of it, and the facts presented to them.

"Fair criticism of judgments is always welcome," he noted, "but criticizing judges for their judgments is not in good taste."

On the controversy surrounding Delhi High Court judge Justice Yashwant Varma, Gavai described it as an "unfortunate incident" that had negatively impacted the judiciary's public image. He mentioned that the matter is currently before Parliament, where impeachment proceedings have been initiated.

"The inquiry, headed by a sitting judge of this court, is ongoing. Therefore, as a matter of propriety, it will not be proper for me to comment further," he stated.

The controversy arose after a cache of cash was discovered following a fire at Justice Varma's residence, who was then serving on the Delhi High Court. Subsequently, Justice Varma was transferred to the Allahabad High Court, and impeachment proceedings were initiated in Parliament.

Addressing perceptions that high-profile cases receive preferential treatment, the former CJI highlighted India's severe shortage of judges.

"The ratio of population to judges in our country is one of the lowest in the world," he pointed out. Despite these constraints, he affirmed that the judiciary is doing its utmost to manage the caseload.

He clarified that while certain cases of broader national importance may occasionally be prioritized, "it doesn't mean we give priority to high-profile cases."

Justice Gavai also discussed the boundaries of judicial activism. He emphasized that while courts must remain accessible, particularly for citizens facing socio-economic barriers, there are definite limitations.

"On many occasions, citizens cannot directly approach the court due to socio-economic handicaps. Allowing others to approach the court on their behalf helps fulfill our promise of economic and social justice," he observed.

However, he warned against overreach: "There are limits within which judicial activism should act. As I always say, judicial activism should not turn into judicial terrorism." He concluded by noting that the Constitution mandates a strict separation of powers between the legislature, executive, and judiciary.