Justice Katju Condemns the Shoe-Throwing Incident on CJI Gavai
Judges Should Talk Less,” Says Former Supreme Court Judge
Caste and Religion: The Unnecessary Angle in the Debate
Kapil Sibal’s Panel Discussion and What Was Missed
Justice Markandey Katju condemns the shoe-throwing incident on CJI Gavai but says the Chief Justice’s unwarranted remark invited controversy on a sensitive issue.
The shoe throwing on CJI Gavai
By Justice Markandey Katju
I saw the panel discussion anchored by eminent senior advocate of the Supreme Court and former Union Minister Kapil Sibal on the shoe throwing on CJI Gavai, which included retired Supreme Court Justices Gupta, Kaul and Dhulia.
I had in an earlier article commented on it
I regret to say that neither Kapil nor the panellists dealt with the points I raised in my article ( except for a passing reference to it, without taking my name, by Justice Kaul ).
I said in my article that while I strongly condemn the shoe throwing, judges who make loose comments, like the kind CJI Gavai made in the case pertaining to the statue of Lord Vishnu in Khajuraho, which was totally unwarranted, inappropriate, and unnecessary, and had no bearing on the legal issues in the case, only invite such incidents, particularly in religious matters, which are sensitive in nature.
Much was said in the panel discussion that CJI Gavai is a Dalit by caste. To my mind, this was wholly irrelevant, and mixing up cate with the issue was really fatuous.
Then it was said that everyone is silent about the incident, including the RSS, the Union Home Minister, and people sitting in mandirs. This humble self has spoken about it in my article, and others too have commented on it.
Not one person in the panel discussion spoke about the central point in my article: judges should talk less in court, particularly on sensitive issues, and those having nothing to do with the merits of the case.
Supposing some Muslims filed a petition praying that a damaged mosque should be restored, and the judge hearing the case said '' Tell Prophet Mohammed to restore it ''. What would be the reaction of Muslims in India? Would there not be a widespread furore? One may recollect the reaction of Muslims to Nupur Sharma's statement about Prophet Mohammed.
Kapil has given his own interpretation of Sanatan Dharma. He forgot that others may have different interpretations. As Justice Kaul rightly said, judges should be careful and sensitive about what they say in court. Remarks like that which CJI Gavai made about the Vishnu statue in Khajuraho may not disturb atheists like me, but most Hindus ( like most Muslims ), are deeply religious, and their feelings are likely to be hurt by loose comments such as those made by Gavai.
Of course, the reaction of advocate Rakesh Kishore was most improper, but then there is a saying '' It takes all types to make this world ''
(Justice Katju is a retired judge of the Supreme Court of India. These are his personal views.)
