Justice Bhushan Gavai set to become apex court judge
| Date :10-May-2019 |
Staff Reporter:
JUSTICE Bhushan Ramkrishna Gavai, senior judge of Bombay High Court, is all set to become the judge of Supreme Court of India after his name for elevation as judge of the top court was cleared by the Supreme Court collegium headed by Chief Justice of India Ranjan Gogoi. With Justice Gavai’s elevation, the apex court will have three Nagpurians — Justice Sharad Bobde, Justice Uday Lalit and now Justice Gavai. Justice Gavai has joined the illustrious list of legal eagles from Nagpur who made it to the apex court. The list includes Sir Vivian Bose, Justice B P Sinha, Justice Mohd Hidayatullah, Justice Vikas S Sirpurkar and Justice Sharad Bobde.
As per existing norms, Justice Gavai will have tenure till 2025. Justice Gavai will be the only judge belonging to Scheduled Caste category in the present Supreme Court. Justice K G Balakrishnan, who was first CJI from Dalit community, retired on May 11, 2010. The collegium while strongly recommending his name for elevation to the Supreme Court Bench noted that the top court “will have a Judge belonging to Scheduled Caste category after about a decade.” He stands at serial number 8 in the combined seniority of High Court Judges on all-India basis and fourth in term of seniority of Bombay High Court. The collegium while acknowledging the seniority of three other judges of Bombay High Court also kept in mind the “desirability of giving due representation on the Bench of the Supreme Court, as far as possible, to all the High Courts as well as to all sections of the society including those belonging to SC/ST/OBC categories, women and minorities.”
The collegium consisting of CJI Gogoi, Justice Sharad Bobde, Justice N V Ramana, Justice Arun Mishra and Justice R F Nariman recommended names of Justice Gavai and Justice Surya Kant for elevation and took into consideration combined seniority on all-India basis of Chief Justices and senior puisne Judges of High Courts, apart from their competence, conduct and integrity. About other three senior judges of Bombay High Court, the collegium made it clear “His (Justice Gavai’s) recommendation, in no way, is to be misconstrued to mean that three senior-most Judges from Bombay High Court (two of whom are serving as Chief Justices) are less suitable than Mr Justice Gavai.
On his appointment, the Supreme Court Bench will have a Judge belonging to Scheduled Caste category after about a decade.” The recommendations follow requests made by Central Government led by Prime Minister Narendra Modi to Chief Justice of India, who heads the collegium, to bring more members of society’s marginalised sections to the higher judiciary, a cause also taken up by previous governments. The collegium on Thursday also reiterated its recommendation to elevate Jharkhand High Court Chief Justice Aniruddha Bose and his Gauhati High Court counterpart A S Bopanna. Their names had been sent back by the Centre after the collegium first forwarded them last month. There are currently 27 judges in the Supreme Court, which has a sanctioned strength of 31. If all the four recommendations are cleared, the court will have full strength.
Justice Gavai: Bold, articulate and man of principles
Staff Reporter:
JUSTICE Bhushan Gavai was born on November 24, 1960 at Amravati. His father late R S Gavai, was a staunch follower of Dr Babasaheb Ambedkar, a distinguished parliamentarian, deputy speaker of Legislative Council and former Governor of Kerala and Bihar. His mother Kamaltai is a well known social worker while younger brother Dr Rajendra Gavai is RPI leader. After completing his law education from Mumbai, Justice Gavai joined the practice on March 16, 1985 and joined the chambers of late Bar. Raja S Bhonsale, former Advocate General and Judge of High Court, till 1987. He practiced independently at Bombay High Court from 1987 to 1990. After 1990, he practised mainly before Nagpur Bench of Bombay High Court and carved a niche for himself.
He was Standing Counsel for Nagpur Municipal Corporation, Amravati Municipal Corporation and Amravati University. Justice Gavai appeared regularly for various autonomous bodies and corporations like SICOM, DCVL, etc., and various Municipal Councils in Vidarbha region. He was appointed as Assistant Government Pleader and Additional Public Prosecutor at Nagpur bench from August 1992 to July 1993. His stint as one of the most efficient and dependable Government Pleaders from January 2000 to November 2003, is still remembered as role model by his successors. He brought glory to the office considered as equivalent to Advocate General of Vidarbha. He was elevated as Additional Judge of the High Court on November 14, 2003. During last 16 years, Justice Gavai is known for very bold, articulate, fearless judgements.
Though he supported judicial activism, he always discouraged judicial adventurism and refrained from passing sweeping orders encroaching upon executive domain. But at the same time, he kept government and its officials on toes in matters of genuine public interest and never hesitated in cracking whip against high and mighty found on the wrong side of the law. His role in opening medical colleges in Vidarbha region, revamping health institutions, scrapping obnoxious colonial practices, creating judicial infrastructure including new buildings of district court, high court annex, family court building and space for future expansion, will always be remembered by legal fraternity.
Justice Gavai provided a face to judiciary, which was open to public criticism and public sensitivity as well, but which steadfastly refused to be swayed by cheap populism and sensationalism. He played a major role in shaping the MNLU along with Justice Bobde. The tough manner in which he handled the PWD scam of Rs 119 crore and mind-boggling irrigation scam worth thousands of crores, won kudos to him and scared the scamsters. Arbitrary actions of the executive always invited a sharp rebuke from him, but those trying to misuse the writ jurisdiction of the High Court to settle personal scores, were always afraid to face his sharp legal acumen and probing questions. Nagpur legal fraternity has hailed elevation of Justice Gavai and described him as a fine lawyer, wonderful human being and an exceptionally talented judge who has dispensed justice without fear or favour. His stellar performance as a lawyer and as judge of Bombay High Court has earned him kudos from all quarters. A large number of lawyers and well-wishers are expected to attend his swearing in at Delhi.