CJI BR Gavai Deprecates Supreme Court Bar Association's Refusal To Hold Farewell For Justice Bela Trivedi

Chief Justice of India BR Gavai today criticised the stand taken by the Supreme Court Bar Association in not offering a farewell for Justice Bela M Trivedi.Presiding over a ceremonial bench held to honour Justice Bela Trivedi, who chose today as her last working day (her official date of retirement is June 9, 2025), CJI Gavai said, "I believe in speaking straightly, the Association ought not to have taken such a stand." CJI Gavai, however, appreciated the presence of the SCBA President Kapil Sibal and SCBA Vice President Rachna Srivastava in the ceremonial bench proceedings."I am grateful to Mr.Kapil Sibal and Ms Rachna Srivastava, 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 an ocassion, such a stand ought not to have been taken by the Association. So therefore, I am openly appreciating Mr.Sibal and Ms. Srivastava for their presence. Despite the resolution of their bodies, they are here. But what has been lost by the Association, the presence of the Full House here, vindicates that she is a very very good judge. There are different types of judges, but that should not be a factor to deny what ought to have been granted."CJI Gavai said that the Supreme Court endorsed Justice Trivedi's integrity and fairness. "She has always been fair, known for her hard work, integrity....Justice Trivedi, you have been a valuable asset for our judiciary, as you embark on a new journey, I wish you all the best," CJI Gavai said.Justice Augustine George Masih, who was also there in the Ceremonial Bench, backed CJI Gavai's view, saying, "traditions ought to be followed. I am sure good traditions should continue always."Justice Trivedi, who has an image of being strict and conservative in granting relief, has had certain instances of friction with the members of the bar. Last year, a bench presided by her ordered a CBI inquiry against lawyers in relation to the alleged filing of a fake SLP based on a forged vakaltnama. Justice Trivedi turned down the appeals made by many bar leaders for leniency. In a recent instance, Justice Trivedi called for strict action against certain lawyers for their misconduct in filing a petition, and refused to accept their apology, although the other judge of the bench advocated a lenient approach by accepting the lawyers' apology. During the hearing of this matter, Justice Trivedi lamented that the bar was pressuring her not to pass an order against fellow lawyers.Justice Trivedi is perceived to be reluctant to grant bail and has voiced disagreement with pro-liberty judgments of other benches in ED matters. Justice Trivedi had come under public scrutiny when Umar Khalid chose to withdraw his bail petition from her bench. Earlier, listing of certain politically sensitive matters before Justice Trivedi's bench had created controversy, after lawyers complained that they were listed contrary to the SC's norms.In the ceremonial bench proceedings, several lawyers expressed their appreciation for Justice Trivedi.Attorney General for India R Venkataramani said that Justice Trivedi always upheld institutional integrity, and said that the views expressed by her to revisit the caste-based reservation policy in the EWS case can help the creation of an egalitarian society. AG also read out a poem he wrote for Justice TrivediSolicitor General of India Tushar Mehta said that Justice Trivedi never "moulded relief to suit the popular sentiment" and had the "courage and conviction to displease people."SCBA President Senior Advocate Kapil Sibal also echoed a similar sentiment, saying that "if any judge bowed to popular sentiment, then it is unacceptable." Sibal recalled an instance in a UAPA case where, after failing to secure bail, he said to the judge, "I expect Your Ladyship to have some empathy," to which Justice Trivedi responded, "Then you don't know me.""Well, we knew you before you came here. And we will know you after you leave here. Thank you very much for what you have done. I don't think any judge in this court bows down to popular sentiment,” Sibal said.ASG Aishwarya Bhati, SV Raju, N Venkataraman, Archana Pathak Dave, Senior Advocates Pinky Anand, Meenakshi Arora, Liz Mathew, V Mohana, Siddharth Luthra, Adv Zoheb Hussain, etc, also spoke in appreciation of Justice Trivedi. Justice Trivedi was hailed as being stern, but with a smile. Her interest in spirituality was particularly mentioned by many.In her reply speech, Justice Trivedi expressed gratitude and said that she is satisfied that she always acted as per her inner conscience."Judges come to the Supreme Court from different backgrounds, carrying their own idea of justice. This polyvocality of the Supreme Court is seen as a strength, it represents democractic values and independence of judges. Nonetheless, what is more important is institutional unity," Justice Trivedi said.Her official date of retirement, June 9, falls in between the summer vacation....

CJI BR Gavai Deprecates Supreme Court Bar Association's Refusal To Hold Farewell For Justice Bela Trivedi

Anmol Kaur Bawa

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