Chief Justice of India (CJI) BR Gavai expressed disappointment over the absence of top administrative officials to receive him at a felicitation ceremony and state lawyers’ conference in Mumbai on Sunday.
This was the first time that CJI Gavai was visiting Mumbai after being sworn in on May 14. During his speech at the event organised by the Bar Council of Maharashtra and Goa over “judicial overreach”, the CJI pointed out the protocol lapses during his visit.
“If the chief secretary of the state, director general of police or Mumbai police commissioner does not want to come there, when the CJI, who is from Maharashtra, has arrived for the first time, it’s up to them to think about whether it is right or not,” CJI Gavai said.
CJI Gavai highlighted that the three pillars of democracy are equal and, therefore, should show respect to each other. “Protocols are not something new, it’s a question of the respect one constitutional body gives to another,” he added.
While he said that he did not want to highlight such “small matters”, he said he found it important to mention for people to acknowledge their significance. “When the head of a constitutional institution visits the state for the first time, the kind of reception given to them must be considered carefully. These may seem like small matters, but people need to understand their significance,” he stated.
“If in my place there was someone else, then the provisions of Article 142 would be considered,” Gavai said in a lighter vein. Article 142 of the Indian Constitution grants the Supreme Court the power to pass decrees or orders deemed necessary for doing complete justice in any case or matter pending before it.
When asked about CJI Gavit’s comments, chief secretary Sujata Saunik told HT, “We were there and all is well. We all sought time and were waiting to go see him. We received him at Chaitya Bhoomi and escorted him to the airport. The other functions were with judges and lawyers.”
HT attempted to contact Maharashtra’s Director General of Police, Rashmi Shukla, and Mumbai’s Commissioner of Police, Deven Bharti, on Sunday but could not reach them for their response.
The event also witnessed the launch of a book written by CJI Gavai, which includes 50 landmark judgments. The CJI also spoke of his decision to pursue this career to fulfil his father’s wishes. “My father told me to take up judgeship as it will help me take forward the work of Dr Ambedkar for the society,” he said.
He stressed that neither the judiciary nor the executive, but the country’s Constitution was supreme and all its pillars must work together. Even though Parliament has the power to amend the Constitution, it cannot touch the “basic structure”, he said, underscoring the supremacy of the Constitution.
Referring to his judgment against “bulldozer justice”, he said the right to shelter is supreme. “The right to shelter is a fundamental right. Whether a person is accused of any crime or convicted, the family’s house, if legally occupied, cannot be removed or demolished. The rule of law has to be followed,” the CJI said.
(With inputs from Yogesh Naik and PTI)