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Justice Bhushan Ramkrishna Gavai, the Chief Justice of India designate, has made a strong statement emphasizing the Supreme Court's responsibility to stand with the nation during times of crisis. His remarks followed the tragic terrorist attack in Pahalgam, which claimed the lives of 26 people. Justice Gavai, who is poised to become the 52nd Chief Justice of India on May 14th, articulated the sentiment that the Supreme Court cannot remain indifferent when the country faces danger, asserting that it is an integral part of the nation. This declaration underscores the judiciary's commitment to national security and its empathy for the victims of violence. The Chief Justice designate further elaborated on the Supreme Court's response to the Pahalgam attack, detailing how he convened a full court meeting after securing permission from the current Chief Justice of India, Sanjiv Khanna, who was abroad at the time. Following this meeting, the Supreme Court observed a two-minute silence to honor the victims, a gesture that symbolized solidarity and mourning. This act was particularly significant as the Supreme Court traditionally observes a moment of silence only on January 30th each year, to commemorate the assassination of Mahatma Gandhi. Extending this practice to acknowledge the victims of a terrorist attack reflects a deepening understanding of the Court's role in acknowledging and responding to national tragedies. Justice Gavai also expressed his views on the ceasefire between India and Pakistan after 'Operation Sindoor,' highlighting the futility and devastating consequences of war. He referenced the ongoing conflicts in Ukraine and Gaza as stark reminders of the human cost of armed conflict, noting the immense casualties and suffering caused by these wars. Justice Gavai emphasized that war brings disasters and that everyone is affected by it, making a ceasefire a positive development. He expressed hope for further positive developments, stating that more details would emerge by the following day. Justice Gavai's perspective underscores a preference for peaceful resolutions and an awareness of the global impact of armed conflicts, aligning with international efforts to promote peace and security.
Beyond his stance on national security and international conflicts, Justice Gavai, who will be the first Buddhist Chief Justice of India, touched upon the significance of his taking office a day after Buddha Purnima. He sees this as a coincidence and plans to visit Shanti Stupa at Inderprastha Park to offer prayers on the occasion of Buddha Purnima, demonstrating his adherence to his religious beliefs and his commitment to fostering peace and harmony. During an informal interaction with journalists, Justice Gavai also clarified his future plans, stating that he would not accept any post-retirement assignments. When questioned about the possibility of entering politics like his father, he firmly stated that he has no political ambitions and that he considers any post below the CJI's position, including the position of Governor, as a step down. This decision speaks volumes about his dedication to judicial service and his desire to maintain the integrity and independence of the judiciary. He also reiterated that what is supreme is already known, and that it is the Constitution that is supreme, a reminder of the foundational principles that guide the Indian legal system. Justice Gavai comes from a family deeply rooted in promoting the ideals of BR Ambedkar, with his father, RS Gavai, being a noted politician and a former Governor of Bihar and Kerala. Justice Gavai's background has instilled in him a deep understanding of social justice and equality, values that are likely to influence his approach as Chief Justice of India. Born in a Maharashtra village, Justice Gavai remains connected to his roots, visiting his village three times a year, especially on his late father's birth and death anniversary and during the annual fair. This connection to his origins highlights his humility and his appreciation for the values and traditions that have shaped him.
Furthermore, Justice Gavai addressed the controversial comments made by Vice President Jagdeep Dhankhar and BJP leader Nishikant Dubey against the Supreme Court and the Chief Justice. Dhankhar had accused the Supreme Court of acting as a "super Parliament" and said it cannot fire a "nuclear missile" at democratic forces. Justice Gavai responded by affirming the supremacy of the Constitution, implicitly rejecting the criticism and upholding the judiciary's role as the guardian of the Constitution. He also addressed the issue of cash recovery from Justice Yashwant Varma's official residence in Delhi, stating that a Supreme Court-appointed committee had indicted him and that the matter has been referred to the President Droupadi Murmu and the Prime Minister Narendra Modi for subsequent action. He declined to provide further details regarding whether an FIR could be lodged against Justice Varma in the matter. These statements demonstrate Justice Gavai's commitment to transparency and accountability within the judiciary, even when dealing with sensitive issues involving fellow judges. Justice Gavai's journey to becoming the Chief Justice of India has been marked by dedication, experience, and a commitment to upholding the principles of justice. Born on November 24, 1960, in Amravati, he joined the Bar on March 16, 1985, and began his practice at the Bombay High Court and before the Nagpur Bench of the Bombay High Court. He served as the government pleader and Public Prosecutor for the Nagpur Bench from January 17, 2000. He was elevated as an Additional Judge of the High Court on November 14, 2003, and became a permanent Judge of the Bombay High Court in November 2005. Justice Gavai was elevated as a Judge of the Supreme Court of India on May 24, 2019. In the last six years, he has been a part of approximately 700 benches dealing with various matters, including constitutional and administrative law, civil law, criminal law, commercial disputes, arbitration law, electricity law, education matters, and environmental law. Justice Gavai is scheduled to retire on November 23, 2025. His extensive experience and his commitment to upholding the Constitution position him as a strong and capable leader of the Indian judiciary.
Justice Gavai's perspective, as expressed in this informal interaction with journalists, provides valuable insight into his priorities and values as he prepares to assume the role of Chief Justice of India. His focus on national security, international peace, judicial integrity, and social justice highlights the multifaceted challenges facing the Indian judiciary and his commitment to addressing them. His background, experience, and values position him as a potentially transformative figure in the Indian legal landscape. His tenure as Chief Justice will be closely watched for its impact on the administration of justice, the protection of constitutional rights, and the promotion of the rule of law in India. In the larger context, Justice Gavai's elevation and the statements he has made leading up to it, point to a judiciary that is not only conscious of its legal responsibilities, but also deeply aware of its role in the broader social and political landscape of the nation. His ability to navigate complex issues, address criticism, and maintain his commitment to constitutional principles will be crucial as he leads the Supreme Court through the challenges and opportunities that lie ahead. The Indian judiciary, under his leadership, is poised to continue its vital role in upholding the principles of justice and safeguarding the democratic values of the nation. He stands as a beacon of experience and principle, ready to guide the Supreme Court through the next phase of its important work in Indian society. His approach to justice, and especially the importance of the constitutionality of decision making, will ensure the strength and independence of the Supreme Court’s role in governance for years to come.
Source: 'Supreme Court Can't Be Aloof...': BR Gavai On Pahalgam Terror Attack