Chief Justice of India (CJI) B R Gavai on Friday criticised the Supreme Court lawyers’ association for not organising a farewell for Justice Bela M Trivedi, who is retiring next month, saying “such a stand ought not to have been taken”.
Though Justice Trivedi is retiring on June 9, Friday is her last working day as she is travelling to the United States for a family wedding.
It is customary for the court to have a ceremonial bench where the outgoing judge sits with the CJI on his or her last working day. It is also customary for the Supreme Court Bar Association (SCBA) to organise a farewell for the outgoing judge on the evening of their last working day.
With no such farewell for Justice Trivedi being notified by the lawyers’ body on Friday, CJI Gavai and Justice A G Masih did not mince words.
“I believe in speaking straightly, the Association ought not to have taken such a stand,” said CJI Gavai, who, however, lauded SCBA president and senior advocate Kapil Sibal and vice-president Rachna Srivastava for their presence in the proceedings of the ceremonial bench.
“I am grateful to Kapil Sibal and Rachna Srivastava, that both of them are here. But the stand taken by the Association, I must deprecate openly, because I believe in being plain and straight. On such occasions, such a stand ought not to have been taken by the Association. And therefore, I am openly appreciating Sibal and Srivastava….that they are here,” the CJI said.
“But what has been lost by the Association, the presence of the full house here, fully vindicates, and the verdict is given that she is a very, very good judge. There are different types of judges, but that should not be a factor for denying what ought to have been granted at 4.30 pm today,” he added.
Though the exact reasons for the SCBA not organising the farewell are not known, certain sections of the lawyer community had objected to Justice Trivedi’s stand in a case last year in which a bench presided by her ordered a CBI inquiry against some counsel for filing a plea based on allegedly forged vakalatnama.
Justice Masih, who spoke after CJI Gavai, also voiced his concern. “Strangely enough, as has already been expressed by the Chief, I am sorry, but I must say that, I should not be saying it, but traditions need to be followed and they are to be respected. I am sure good traditions should continue always. I wish sister (Justice Trivedi) all success in life in whatever she has thought of for her future…I am sure she will be a mentor and guide to many,” he said.
Recalling that Justice Trivedi had served as law secretary in the past, Attorney General for India R Venkataramani said, “That is a rare combination. Firmness is a part of an institutional premise.”
Solicitor General Tushar Mehta said Justice Trivedi “never moulded the relief to suit popular sentiment”. “This needs courage of conviction and courage to displease people. We have lost many matters here and in Gujarat, but the respect remains. Our respect and love for judge is not contingent upon the orders passed. In every court, some individuals feel that their word should be the last word, but in your court, it was always the last word of law,” he added.
“I endorse what the learned Solicitor said. I do not think any judge of this court bows down to popular sentiment, and if he does, that is completely unacceptable. And I think no judge does that. You have drawn the lines, I do not think my learned friend is right that you do not mould the relief. You do, but you do it on the right side of justice,” Sibal said.
