Former CJI BR Gavai Clarifies "Out of Context" Temple Remarks and Addresses Social Media Criticism

New Delhi:

Former Chief Justice of India (CJI) BR Gavai has addressed the controversy surrounding his comments during the Khajuraho temple case, emphasizing that social media often presents judicial remarks "out of context."

The controversy stems from September when Justice Gavai faced significant criticism for statements deemed insensitive during proceedings regarding a damaged Lord Vishnu idol in Madhya Pradesh.

While dismissing the petition, the Bench headed by then-CJI Gavai noted the matter fell under Archaeological Survey of India (ASI) jurisdiction. His reported suggestion to the petitioner to "pray to Lord Vishnu" if they believed in divine intervention triggered outrage among certain advocates and across social media platforms.

The petition had sought directives to repair a 7-foot damaged idol at the Javari Temple within Khajuraho, a UNESCO World Heritage Site. The controversy later escalated when a 71-year-old advocate allegedly threw a shoe at Justice Gavai inside the Supreme Court. Following the former CJI's instructions, the individual was released without charges.

In an exclusive interview with IANS, Justice Gavai clarified his position: "Generally on social media, things are said out of context. It was circulated that I said this or that, but it was completely misrepresented."

He elaborated, "I only stated that temples under the ASI cannot be altered without ASI approval. The court cannot interfere in such matters. I have made the same observation in Waqf cases as well. The law permits only religious practice, not structural changes unless authorised by ASI. Whatever was circulated online was unjustified."

When questioned about judicial criticism, the former CJI expressed that criticism of judgments was a healthy aspect of democracy, but he drew a clear line against personal attacks.

"Criticism of judgments is always welcome. A judgment may be right or wrong, as judges are also human. But trolling or personally targeting judges is not justified," he stated.

Addressing technology misuse and social media challenges, Justice Gavai observed, "Everyone is facing the nuisance of social media — whether it's the Executive, Judiciary, or Legislature. Technology is a boon, but it is being misused. Artificial Intelligence, too, is being misused."

He advocated for regulatory frameworks, saying, "Parliament should prioritise enacting a law to control this menace. Technology has advantages, but also serious disadvantages. Proper regulation is needed."

Justice BR Gavai, who served as the 52nd Chief Justice of India, has had an extensive legal career. Beginning his practice in 1985, he grew up in a family engaged in social activism, instilling an early understanding of legal principles. Throughout his professional journey—from advocate to Bombay High Court judge, Supreme Court justice, and ultimately CJI—Justice Gavai demonstrated unwavering commitment to judicial efficiency and upholding the rule of law. His decisions have sparked important conversations both within courtrooms and across digital platforms, making significant contributions to Indian jurisprudence.

Justice Gavai was sworn in as the 52nd CJI on May 14, following Justice Sanjiv Khanna. His nomination was recommended by Justice Khanna on April 16 and received Law Ministry approval on April 29. His appointment represented a historic milestone as the first Buddhist and only the second Chief Justice from the Scheduled Caste community after Justice KG Balakrishnan to hold this prestigious position.