NEW DELHI: Judges traditionally avoid commenting publicly on their own judgments, but on Friday CJI B R Gavai departed from that norm to pick his verdict against “bulldozer justice” as his most important one, followed by the ruling allowing states to sub-classify SCs and STs for job reservations.
At the Supreme Court Bar Association (SCBA) farewell function, CJI Gavai said he could do so as he has completed his judgments and doesn’t have any judicial work as he is retiring on Sunday. He said if he was asked to pick the most important judgment authored by him, it would undoubtedly be the one against bulldozer justice.
“Bulldozer justice is against the grain of rule of law. How can a house be demolished just because a person is accused of a crime or convicted for it? What is the fault of his family and parents? Right to shelter is a fundamental right," he said.
Equality does not mean equal treatment: GavaiThe Chief Justice of India B R Gavai had mentioned bulldozer justice judgment even in his speeches in foreign countries to highlight how the judiciary protects rule of law in India.
He said the judgment allowing sub-classification of SCs and STs for availing reservation in jobs was needed as it would be difficult to imagine how a chief secretary’s children could be equated in status with the children of an agricultural labourer who have no access to education or resources.
Quoting Ambedkar, he said equality does not mean equal treatment to all as “it would lead to further inequality.” CJI Gavai said he had a law clerk, who is the son of a top bureaucrat in Maharashtra belonging to a SC community.
After I delivered the judgment, the law clerk said he would not avail benefit of reservation as he had the best of facilities despite belonging to SC community, the Chief Justice of India said on Friday.
The CJI said he veered away from the traditional notion of the Supreme Court being a CJI-centric court and always consulted all his colleagues before taking decisions relating to the institution.
He said during his short tenure, 107 judges were appointed to the HCs and thanked his collegium colleagues for the congenial atmosphere in the meetings. Not all meetings were congenial though, as Justice B V Nagarathna had shot off a long letter protesting the collegium’s choice to recommend Justice Vipul M Pancholi as a judge of the SC.
In the morning, the courtroom farewell unprecedentedly extended beyond one and half hours as senior advocates and lawyers kept highligting the humble, compassionate and to-the-point demeanour and approach of the CJI.
Chief Justice of India B R Gavai said he has been heading the green bench in Supreme Court for the last three years and his first judgment as CJI was protecting a forest land in Pune and the last judgment was to protect Aravali Hills and range.
CJI B R Gavai said his 40-year-long career in the legal field, 18 years as an advocate and 22 years as a judge of constitutional court, was driven by Babasaheb Bhimrao Ambedkar's philosophy of justice, equality and liberty.
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