The Gavai Case: When Caste Prejudice Strikes at the Heart of the Judiciary

This is for the first time a sitting CJI has been subjected to this kind of behaviour. This is also the first time that the overall reaction has been mutedly disappointing.

(Image courtesy: Supreme Court of India website, altered by The Quint)

The manner in which the condemnable attempt of shoe-throwing at the Chief Justice of India, BR Gavai, in full public view, is now playing out makes it amply clear that it was a pre-planned move, motivated by a deeply communal and casteist mindset to browbeat the second Dalit CJI of post independent India, and not simply an act by an emotional individual.

The unrepentant, elderly lawyer who attempted the shameful act—his licence now stands suspended—has not hidden his fanatic mindset, and by letting him go scott-free, the law enforcement agencies and even the Supreme Court have left the door open for repetition of such highly condemnable incidents in future.

How is it possible that a lawyer in his seventies belatedly decided to vent his ire based on his religious feelings, three weeks after CJI Justice Gavai made certain oral observations in an open court during the course of hearing a case ?

What Triggered the Online Hate

The observations in question were made on 16 September, when the CJI-headed bench was hearing a Public Interest Litigation (PIL) that sought reconstruction and reinstallation of a seven-foot idol of Lord Vishnu at a temple in Khajuraho, Madhya Pradesh. The temple is a part of the UNESCO World Heritage, and is maintained by the Archaeological Survery of India (ASI). The Court finally dismissed the PIL.

While doing so, CJI Gavai had suggested the petitioner "ask the deity to do something" and that if the petitioner was indeed a strong devotee of Lord Vishnu, then he should "pray and do some meditation."

The comments were immediately picked by the right wing trolls and demands for his impeachment or resignation, and comments about his family's conversion to Buddhism, had flooded social media. The trolls branded him 'anti-Sanatani' and invoked his caste to spread further hatred against him.

For any reasonable person, the CJI's remarks would not appear to be any cause for alarm. However, we do not live in ideal times, and with the reach of social media, anything can be amplified infinitely to suit a particular agenda, and twisted to any extent.

CJI Forced to Clarify After Social Media Backlash

Such was the ferocity of social media attacks on the CJI that two days later, on 18 September, as soon as the court assembled after lunch, Justice Gavai had to clarify his remarks on his own. He said in open court that he believes in all religions, visits sites of worship of every faith, and firmly trusts in true secularism.

Central government’s second highest ranking law officer, the powerful Solicitor General Tushar Mehta, who was present at the time, had said that he had known the CJI for over a decade and knew of his visits to “temples and religious places of all religions.”

In an attempt to end the matter from his side, the CJI went on to say that he had visited dargahs and gurdwaras too. “I believe in true secularism, in all religions,” he said, adding that his comments had been taken out of context.

A Deafening Silence from Those in Power

It is beyond any reasonable understanding that till date, nobody from the ruling side, except the Prime Minister, has spoken out against the attack on the CJI. The entire ruling party, even the union Law Minister, a Dalit himself, have maintained a stiff silence on the matter.

When it appeared that the matter has been laid to rest, the CJI’s family was in news again shortly after this. Reports from Nagpur stated that Justice Gavai’s 84 year-old mother, Kamala Gavai had been invited to speak at a function to mark the ongoing Rashtriya Swayamsevak Sangh (RSS) centenary celebrations.

Speculation continued for a few days, and finally, the CJI’s mother released a letter written to the RSS, declining the invite on 2 October. Contents of the letter reported in the media stated, that Kamala Gavai said her late husband had been attacked by the RSS for being an Ambedkarite and therefore, she would not like to be associated with any such celebration.

This again reverberated on social media and this time, it was linked to Justice Gavai’s judgement against bulldozer justice in some parts of the country. His speeches highlighting the Supreme Court role in stopping bulldozers as an achievement of rule of law was attacked by RW trolls to project him as anti-Hindu.

A Dangerous First in India’s Judiciary

There are several firsts in the Justice Gavai case. This is the first time a sitting CJI has been subjected to this kind of behaviour. This is also the first time that the overall reaction has been disappointingly muted.

Slippers were hurled earlier at judges in the Supreme Court in 2009, but those Mumbai music school teachers were sent to jail for three months. This time, there is no demand and no remorse.

The verbal, social media, and physical attack on a Dalit CJI is a dangerous indication of things to come.

It is not that Justice Gavai’s brief tenure as CJI is a leading light. Some of his decisions seem to follow a pro-establishment line, including marking of contentious cases to so-called flexible judges. This, however, still does not endear him fully towards the establishment.

The fringe elements, who enjoy complete backing of powers that be, know fully well that their actions against Justice Gavai will be welcomed and might is right will prevail over the rule of law and civilised society where debate and dissent existed, may well now be a thing of the past.

(The author is a former BBC and Hindustan Times journalist, who has covered judiciary related matters for a long time. This is an opinion piece, and the views expressed are the author’s own. The Quint neither endorses nor is responsible for them.)