The Supreme Court on Friday dismissed a PIL seeking action against Maharashtra officials for the alleged violation of protocol during Chief Justice of India (CJI) B R Gavai’s visit to the state on May 18, terming it an attempt for “cheap publicity”.
Pulling up the petitioner, a bench of CJI Gavai and Justice A G Masih said, “We highly deprecate such a practice. We are of the considered view that everybody concerned should not make a mountain out of a molehill.”
On his first visit to his home state of Maharashtra after taking over as Chief Justice of India, CJI Gavai had expressed his disappointment at the absence of senior state officials at a felicitation event held in his honour on May 18, saying “every organ of the Constitution must…give its due respect to the other”.
Speaking at an event organised by the Bar Council of Maharashtra and Goa in to felicitate him, he had said, “We say that there are three pillars of democracy, judiciary, legislature and executive, and that they are equal. Every organ of the Constitution must reciprocate and give its due respect to the other organs. A person from Maharashtra is coming to the state as Chief Justice of India for the first time. If Maharashtra’s chief secretary, the state’s director general of police or the Mumbai commissioner of police do not feel it necessary to come, it is for them to think about.”
After the CJI flagged the issue, Chief Secretary Sujata Saunik, Director General of Police Rashmi Shukla, and Mumbai Police Commissioner P Deven Bharti were present when he visited Chaitya Bhoomi to pay tribute to Dr B R Ambedkar. They are reported to have expressed regret to the CJI and also accompanied him till the airport on his way back.
Addressing a book launch in the next day, Vice-President backed CJI Gavai. Dhankhar said that CJI Gavai’s comments were not for himself, but for his position. He added, “We must believe in protocol. The Chief Justice of the country and protocol is placed very high. When he indicated this, it was not personal. It was for the position he holds. And I am sure this will be kept in mind by one and all…I am really beholden to the present Chief Justice for inviting attention to the people in bureaucracy, adherence to protocol is fundamental.”
With the controversy failing to ebb, the Supreme Court issued a press release wherein the CJI requested that the “trivial” issue of alleged protocol violation “not be blown out of proportion” and be “given a quietus”. It added that “all concerned have already expressed regrets” in the matter.
On Friday, the CJI was visibly annoyed that the PIL was filed despite the communication issued by the court. “We will dismiss with costs. This is just to get your name published in newspapers. If you are a lawyer practising in the Supreme Court, you should have given attention to the press note…,” CJI Gavai told the petitioner’s counsel.
Dismissing the PIL, the court added in the order, “It is thus clear that the CJI has expressed that trivial issue should not be blown out of proportion and requested everyone to give a quietus. To make it clear, the CJI was not concerned about the treatment given to him as an individual, but was only concerned with the dignity of the office of the CJI as the head of one of the organs of democracy.”
The CJI also orally told the counsel after dictating the order, “Do not file such ill-advised petitions, you are necessarily bringing controversy to the CJI office.”
