Former CJI Gavai opposes Justice Bhuyan’s SIR remarks:Says comments on pending SC case violate judicial propriety

Former Chief Justice of India B.R. Gavai and two retired Delhi High Court judges have criticised Supreme Court Justice Ujjal Bhuyan’s recent remarks on the Special Intensive Revision (SIR) of electoral rolls, pointing out that petitions related to the process are pending before the Supreme Court. Gavai said on Monday that a sitting Supreme Court judge should not publicly comment on a matter that is still before the court. He termed such remarks contrary to judicial propriety. Justice Bhuyan had made the comments on Sunday while speaking at NALSAR University. He said any process that deprives millions of Indian citizens of their right to vote is fundamentally arbitrary and cannot be justified on any grounds. Retired judge Dhingra: Remarks ‘far beyond’ limits of sitting judge Retired Delhi High Court judge Justice SN Dhingra said Bhuyan’s statement went “far beyond” what a sitting Supreme Court judge should say publicly. He said a judge should exercise greater restraint before commenting on a matter pending before the court, particularly at a public event. Dhingra also said Bhuyan did not have all the facts before him. If Election Commissioners disagree with the process or its implementation, he said, they are capable of presenting their views themselves. Justice RS Sodhi questions ‘disenfranchisement’ argument Retired Delhi High Court judge Justice R.S. Sodhi said the right to vote is determined by law. According to him, people who meet the legal requirements are entitled to vote, while those who do not meet them are not. He said that if an ineligible person’s name has been wrongly included in an electoral roll, it can be removed by following the prescribed legal process. If the person is eligible, they can subsequently seek to have their name included again. Sodhi said describing the issue in such harsh terms was not a mature approach, particularly when the subject should be examined through legal reasoning and analysis. Bhuyan was NALSAR Chancellor Justice Bhuyan, who previously served as NALSAR’s Chancellor, was speaking at the university on Sunday when he praised students who had participated in protests on campus. “You are talented, fearless and brave,” he told the students, adding that they had shown the country and the world what university students, particularly law students, should be like. SIR, election panel petitions pending in Supreme Court Several petitions challenging the SIR process are pending before the Supreme Court. A separate legal challenge concerns the law governing the selection panel for the Chief Election Commissioner, which excludes the Chief Justice of India from the panel. During a hearing on October 5, the Supreme Court declined to grant an interim order seeking suspension in the matter but issued notice to the Election Commission seeking its response. ​