Generally On Social Media, Things Are Presented Out Of Context: Former CJI Gavai On Khajuraho Controversy (IANS Exclusive)
The remarks come in reference to an incident from September when former CJI Gavai faced backlash for comments perceived as insensitive during a hearing on a plea seeking restoration of a damaged idol of Lord Vishnu in Madhya Pradesh.
While dismissing the petition, the Bench led by then CJI Gavai had remarked that the issue fell under the jurisdiction of the Archaeological Survey of India (ASI). During the hearing, he reportedly told the petitioner to“pray to Lord Vishnu” if he truly believed in divine intervention, which sparked outrage among a section of advocates and social media users.
The petition sought directions to repair a 7-foot damaged idol of Lord Vishnu at the Javari Temple in the Khajuraho complex, a UNESCO World Heritage Site. The remarks later led to a dramatic incident inside the Supreme Court, where a 71-year-old advocate allegedly threw a shoe at Justice Gavai. The accused was allowed to leave without charges following the former CJI's instructions to the Registrar General.
Speaking exclusively to IANS, Justice Gavai clarified his earlier remarks and said,“Generally on social media, things are said out of context. It was circulated that I said this or that, but it was completely misrepresented."
He further added,“I only stated that temples under the ASI cannot be altered without ASI approval. The court cannot interfere in such matters. I have made the same observation in Waqf cases as well. The law permits only religious practice, not structural changes unless authorised by ASI. Whatever was circulated online was unjustified.”
When asked whether criticism of judges was appropriate, the former CJI said criticism of judgments was healthy in a democracy, but personal attacks were unacceptable.
“Criticism of judgments is always welcome. A judgment may be right or wrong, as judges are also human. But trolling or personally targeting judges is not justified,” he said.
Commenting on the rising misuse of technology and online platforms, he said,“Everyone is facing the nuisance of social media - whether it's the Executive, Judiciary, or Legislature. Technology is a boon, but it is being misused. Artificial Intelligence, too, is being misused.”
He emphasised the need for legal regulation, adding,“Parliament should prioritise enacting a law to control this menace. Technology has advantages, but also serious disadvantages. Proper regulation is needed.”
Justice B.R. Gavai, the 52nd Chief Justice of India, has had a long legal journey. Though he began his legal practice in 1985, he was familiar with the rule of law early on, having grown up in a family engaged in social activism. Throughout his career-as an advocate, judge of the Bombay High Court, Supreme Court judge, and finally as CJI-Justice Gavai demonstrated deep commitment to judicial efficiency and the rule of law. His decisions sparked discourse both in courtrooms and across digital platforms, contributing significantly to Indian jurisprudence.
Justice Gavai was sworn in as the 52nd CJI on May 14, succeeding Justice Sanjiv Khanna. His name was recommended by Justice Khanna on April 16 and approved by the Law Ministry on April 29. His appointment marked a historic milestone as he was the first Buddhist and only the second Chief Justice from the Scheduled Caste community after Justice K.G. Balakrishnan to hold the post.
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