Thread by @barandbench

Goa High Court Bar Association felicitates Chief Justice of India BR Gavai

CJI BR Gavai: Now the registry examines and only in very rare matters we permit oral mentions in the Supreme Court of India. The sitting at Goa as a part of division bench, like in SC you don't know which case is next, in Goa we had variety of litigation...whether it be mining or personal laws.

CJI: I won't detain you all for long. For Goa standards, 7:30 pm is for something else.

CJI: I had decided that I will accept felicitations only at places where I was a member of the Bar or have worked there. This felicitation was to happen on July 19...and was to be the last one.

CJI: India has completed 75 years of the Indian Constitution and I got an opportunity to head the Indian judiciary and Dr Ambedkar used to say the Constitution is the instrument for a bloodless economic revolution. I have always considered my office as an opportunity given by destiny to serve society and this office is not for enjoyment but for discharging duties mandated under constitution for the public good and I am grateful i could contribute in the March for social and economic justice. .

CJI: The widely talked about demolition judgment by us...we were perturbed by the fact that the ones who were just charged without anything proven ..their homes were demolished and also their family members were suffering. Even if a person is convicted they have rights. Rule of law is paramount and I am happy we could lay down guideline and prohibit executive from becoming a judge. If executive is allowed to become a judge we will be hitting at the very basic concept of separation of powers

CJI: I have been widely criticised for the creamy layer sub classification judgment from my own community. But I have always believed that I have to always write judgment not by demands of desires or demands of people.. but as per law as I understand and as per my own conscience.

CJI: Justice Rebello has some criticism about my views on providing creamy layer to the scheduled caste. The reason that weighed with me was I have seen that a person from first generation becomes IAS from reserved category and from second generation again his son becomes son from reserved category and again the third generation an IAS from same category. The question I put to myself was a son or daughter who gets education in best schools in Delhi or Mumbai
.can they be equated with son or daughter of a mason or agricultural workers studying in gram panchayat schools. Article 14 does not mean equality treatment to everyone ...what is contemplated is that an unequal treatment to unequals so that they become equals. Thus a child of a villager and another child studying in top Delhi school was against equality and thankfully my view was supported by other three judges of the supreme court.

CJI: Criticisms are always welcome. As HC judge I have myself held two of my judgments as per incuriam and once in SC. I feel judges are humans and they can also err. Therefore when Criticism about one hc judges came we held that HC judges are in no way inferior to SC. On administrative side HC are independent of Supreme court

CJI: . I am happy that I could write a judgment of vidarbha Zudpi forests. So many people were living in the fear that their shelter will be taken away... We held that the slum houses will not be affected. This was a March towards social and economic justice. I am also heading green bench of supreme court since last three years and passed many orders for wildlife sanctuaries, etc. Natural resources are held in trust for the future generation and you cannot use them in rampant manner and at the same time you also have to ensure that national development takes places. This while allowing development minimum of such impacts should be allowed..

CJI: Justice at the door steps may not be possible but Justice without delay and at minimum cost is needed to achieve the idea of social and economic along with political justice. In Kolhapur i stated that a person residing in Sindhudurg had to travel all the way to Mumbai, spend thousands on travel and living for a case. The reason I supported the circuit bench in Kolhapur was because these residents should get access to justice at the least possible cost. I was happy to note that more than 10,000 to 12,000 people were there. This was another step towards social and economic justice.