New Delhi [India], November 26 : Former Chief Justice of India BR Gavai opened up on the shoe-throwing attempt made at him during court proceedings, saying that his reaction, to not pursue action against the lawyer, stemmed from his upbringing and personal values.
In an interview with ANI, former CJI BR Gavai said, "Maybe it is a result of my upbringing... I didn't even know it was related to some alleged utterances or observations made by me in court. But I felt I must proceed with the matter, and that was a decision taken in the spur of the moment," he said.
Advocate Rakesh Kishore attempted to hurl a shoe at the Chief Justice of India in the courtroom on October 6. Security personnel present in the court intervened and took the lawyer out of the courtroom. While being escorted out of the courtroom, he uttered "Sanatan ka apmaan nahi sahega Hindustan". Following the incident, BR Gavai refused to pursue any action against the lawyer.
Further responding to criticism around the working of the Supreme Court collegium, Justice Gavai firmly defended its functioning. "Collegium is transparent. The allegations that it is opaque are not well-founded," he said, explaining that the selection process involves extensive interaction and consultation.
He added that since the tenure of Justice Khanna, collegium members have personally interacted with all shortlisted candidates and taken inputs from consulting judges, the executive, chief ministers, governors, and the Law Ministry. "Only after taking all these aspects into consideration is a final decision taken," he emphasised.
Addressing criticisms directed at constitutional bodies and the courts, Justice Gavai said such comments were "wrong", emphasising that judges decide cases solely based on law, their understanding of it, and the facts placed before them.
"Fair criticism of judgments is always welcome," he remarked, "but criticising judges for their judgments is not in good taste."
Speaking on the controversy involving Delhi High Court judge Justice Yashwant Varma, Gavai called it an "unfortunate incident" that had impacted the judiciary's public image. He stated that the matter is now before Parliament, where impeachment proceedings have already begun.
"The inquiry, headed by a sitting judge of this court, is ongoing. Therefore, as a matter of propriety, it will not be proper for me to comment further," he said.
A stash of cash was discovered after a fire broke out at the residence of Justice Varma, then a judge of the Delhi High Court. Following the cash discovery, Justice Varma was transferred to the Allahabad High Court. Later, impeachment proceedings were started against him in the Parliament.
Additionally, refuting the perception that high-profile matters receive preferential treatment, the former CJI highlighted the severe shortage of judges in India.
"The ratio of population to judges in our country is one of the lowest in the world," he pointed out. Despite this, he said the judiciary is doing its best to manage the caseload.
He clarified that while certain cases of broader national importance may sometimes be prioritised, "it doesn't mean we give priority to high-profile cases."
Justice Gavai also addressed debates surrounding the scope of judicial activism. He reiterated that while the courts must be accessible, especially for citizens facing socio-economic barriers, there are clear limits.
"On many occasions, citizens cannot directly approach the court due to socio-economic handicaps. Allowing others to approach the court on their behalf helps fulfil our promise of economic and social justice," he observed.
However, he cautioned against overreach: "There are limits within which judicial activism should act. As I always say, judicial activism should not turn into judicial terrorism." He added that the Constitution mandates a strict separation of powers between the legislature, executive, and judiciary.