Chief Justice of India B.R. Gavai on Friday “deprecated” the Supreme Court Bar Association’s decision not to accord the customary farewell to Justice Bela M. Trivedi, whose last working day was May 16.
Justice Trivedi, known to be tough with advocates she deemed to have acted illegally or inappropriately, is to retire formally on June 9, during the summer recess.
Justice Gavai said the Bar Association should not have taken such a stand. He cited the presence of many senior lawyers in the courtroom in their personal capacity as proof of how good a judge Justice Trivedi was.
Traditionally, the Bar Association organises a farewell for every retiring judge at 4.30pm on their last working day.
Justice Trivedi had last year ordered a CBI probe against an advocate for allegedly filing a false vakalatnama. This year she reprimanded a few advocates for purportedly violating the Supreme Court’s procedural rules.
These actions seem to lie behind the Bar Association’s decision.
Justice Gavai and Justice Augustine George Masih, both of whom sat on the ceremonial bench with Justice Trivedi on Friday, expressed their anguish at the Bar Association’s conduct. (It’s customary for the retiring judge to sit in the Chief Justice’s court on their last working day.)
“I am grateful to Mr Kapil Sibal (Bar Association president) and Ms Rachana Srivatsava (vice-president) that both of them are here but the stand taken by the association, I must deprecate,” Justice Gavai said.
“I believe in plain and straight talk on such occasions: such a stand ought not to have been taken by the association.”
Pointing to the packed hall, Justice Gavai said the presence of so many Bar members suggested that “a verdict is given that she is a very good judge”.
He said: “There are different types of judges, but that should not be a factor for denying what ought to have been given at 4.30pm.”
He added: “I have seen her personally when her father was ailing. She used to go to Ahmedabad at the weekends and come back and attend court on Monday morning.”
Justice Masih said: “I am sorry, but traditions need to be followed and respected.”
Justice Trivedi said: “I have always worked based on my inner conscience. I have been harsh but the paramount consideration has always been the institution and nothing else.”
Among the senior lawyers present were attorney-general R. Venkataramani, solicitor-general Tushar Mehta and senior advocate Sidharth Luthra. They and others lauded Justice Trivedi forher fierce independence and dedication.