Former Chief Justice of India (CJI) BR Gavai on Saturday said judicial discipline was important and serious complaints against judges should be examined and acted upon based on facts, while commenting on the controversy involving Supreme Court Justice Sandeep Mehta and Rajasthan High Court Acting Chief Justice Sanjeev Prakash Sharma.
“He played an important role in several cases related to orans. I was shocked to learn that he had written such a letter. How can I remain silent if my mother is being mistreated? I have run out of patience’,” he added. In the letters, Justice Mehta reportedly raised concerns over the Rajasthan High Court’s administrative functioning and accused the acting Chief Justice of misusing his authority. He also allegedly claimed that Justice Sharma had threatened fellow judges with transfers and asserted his proximity to the Chief Justice of India. Justice Mehta sought the early appointment of a permanent Chief Justice of the Rajasthan High Court, arguing that continued delay was harming the institution.
Declining to comment on the merits of the matter as it concerned the judiciary, Justice Gavai said Justice Mehta was his friend and had worked with him as a junior judge. When I asked him why he had done so, he said, ‘The Rajasthan High Court is like a mother to me. Justice Gavai said he subsequently spoke to some of his friends in the Rajasthan High Court to understand the situation and the conversations changed his initial perception that Justice Mehta had acted improperly. “What I heard about the situation in the Rajasthan High Court was really shocking,” he said. Recalling an incident during his tenure in the Supreme Court, Justice Gavai said a complaint against a High Court judge had come before the collegium when Justice Sanjiv Khanna was the Chief Justice of India (CJI). Justice Khanna convened a collegium meeting the same day, the allegations were examined and the judge was transferred based on the facts, he said.
