CJI Gavai Doubles Down With 'Trying to Avoid Bench' Remark at Govt Pleas in Tribunal Reforms Matter
New Delhi: Chief Justice of India B.R. Gavai on Thursday (November 6) expressed serious disapproval of the Union government’s request for adjournment in a batch of petitions challenging the constitutional validity of provisions of the Tribunal Reforms Act, 2021, just days before his retirement, remarking for the second time that the government was “trying to avoid the bench.”
The bench, comprising CJI Gavai, Justice K Vinod Chandran and Justice Vipul M Pancholi called out Attorney General for India (AG) R. Venkataramani for such a move.
"We have accommodated you twice already. How many more? If you want it after November 24 tell us then," the CJI said, as quoted by Bar and Bench. CJI Gavai demits office of the top court on November 24.
"Very unfair to the court. Every time you seek accommodation for international arbitration. You have a battery of lawyers and then you file midnight applications seeking reference to larger benches! When we were in the high court, whatever briefs we had to give up when we had to come here.
“We had the highest regard for the highest constitutional court. We did not take any other cases tomorrow. We thought we will hear tomorrow and write judgment over the weekend," he added.
This is the second time CJI Gavai took a critical view of the Union government in this matter. On November 3, the CJI rapped the government for seeking to refer the matter to a Constitution bench while a hearing was already underway.
“We are really shocked to know that the Union government will come up with such a stand. We don’t expect the Union to adopt such tactics,” CJI Gavai had said.
The bench, earlier comprising only CJI Gavai and Justice Chandran, has heard petitioners in the Madras Bar Association’s case at length.
"On the last date you did not raise these objections.. you sought adjournment on personal grounds. You cannot raise these objections after hearing them fully on merits," CJI had said.
The bench had also noted that while the proceeding in these matters had been pending since 2021, the Union government only filed the plea on November 1.
The bench had rejected the application for a larger bench saying it will refer the case only if it found merit in it. The matter was adjourned till November 7.
The request for adjournment on Thursday was made through additional solicitor general Aishwarya Bhati. Gavai said the bench will write judgment over the weekend.
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