New Delhi: India’s Chief Justice Bra Gawai did not appreciate the decision of two Supreme Court Bar bodies for Justice Bela Trivedi to avoid a formal farewell party, whose final working day in office was Friday.
According to traditions, the Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Cord Association (SCOARA) organized a farewell ceremony to bid the Adeu to a retired judge. Skora holds a program three to four days before the final working day of the judge. The SCBA conducts another event on the day the office of the judge office.
The Scoras represents advocates-on-record, who have the right to sign petitions and all documents filed in the apex court. SCBA is the body to practice top court lawyers.
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The official retirement of Justice Trivedi comes next month: 10 June. However, she is exiting Delhi later this week, so Friday became her last working day. According to the Supreme Court Registry, Justice Trivedi planned to leave for the summer holiday starting on May 24 several days before the court’s breakdown.
“Summer holiday usually begins on May 15. Therefore, Justice Trivedi has already booked his tickets before finalizing the calendar for this year,” said one of the sources.
As the custom in SC is, Justice Trivedi spent his final working day in the CJI Court. The bench of the ceremony, led by CJI Br Gavai and the ceremony, including Justice Trivedi and Augustine Masih, heard some cases. Then, senior times advocates and government law officials gave small speeches, praising the retired judge.
Before the members of the bar shared their experiences with him, CJI Gawai said no farewell ceremony was held for Nyaya Trivedi, expressing dissatisfaction. In cases of other judges, bar associations did not even inform the court of a farewell ceremony for him.
CJI Gavai, during the formal bench hearing, expressed gratitude to senior advocates Kapil Sibal and Rachna Srivastava for their appearance.
Sibal is the president of SCBA, and Srivastava is the vice -president.
“I am thankful to Mr. Sibal and Rachan Srivastava that both are here. But, the stand of the association [SCBA]I should openly designate because I believe in being plain and straight, ”he said.
Saying that SCBA should not take such a stand, CJI Gavai said, “I am now appreciating Mr. Sibal and Srivastava, that despite the body’s solution, they are here.”
CJI Gawai said: “The presence of the full house here completely indicates that the decision is out – that he is a fairly good judge. There are different types of judges, but it should not be a factor to do what should be done at 4.30 pm (Friday).”
CJI Gawai also praised Trivedi for his perseverance, fearlessness, hard work, integrity and spirituality.
Justice Masih also gave voice to his concerns when Justice Trivedi did not get farewell to the association any time.
With CJI Gavai, he said, “Traditions need the following, and they are to be respected. I am sure good traditions should always continue. [Justice Trivedi]All success in his life … I am sure he will guide a patron and many people. ,
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What are bar associations Saying
Speaking to Theprint, SCBA Secretary Vikrant Yadav clarified that the association never passed a resolution, refusing to farewell to Justice Trivedi, which is prescribed for the retirement of June 10, according to the official record.
“Holidays begin on May 24, unlike previous years when day holidays began on 15 May. First, SCBA always organizes farewell for judges on its last official working day. And in cases where the day of retirement day of a judge falls during a holiday, the day of farewell to the court once farewell to the court, after the day, he did not know, he did not know, he did not know, he did not know the first, he was not there.
The members of the Scoara also refused to pass any resolution, as mentioned by CJI Gavai. On the situation of anonymity, an office-guard of Skora said, “This year, we don’t have a complete holiday, but partial working day. In the first week of this year, the top five judges will join the court. On this account, we thought that Justice Trivedi would be in the city close to his retirement date, so we did not make a plan, so we did not make a plan.”
Senior members of the bar were divided on Justice Trivedi, who is sending customers.
In a letter to SCBA and SCOARA, Bar Council of India (BCI) President Manan Kumar Mishra urged two associations to reconsider their decisions of “disrupt the long established tradition” to give a farewell to a farewell, which he said, there was an identity of institutional respect and recognition for randing by retired judges.
In a Facebook post, senior advocate Raju Ramachandran appreciated the bar for “spine” and “discretionary”. Ramachandran, a member of the Supreme Court Bar Association for nearly five decades, said, “I can definitely say that this (SCBA) has never been petty. Not only the hardest, but also the most strict farewell when they retire.”
He recalled that apart from some judges, who requested not to be given to bar tea parties, the association refused to farewell to only two Justices. According to Ramachandran, after sending hot, grateful judges often say, “Bar is a judge of judges.” He reminded the judges to remember the saying when the bar was “cooled”.
Since September last year, Justice Trivedi has been highly critical for lawyers practicing in the Supreme Court-especially for his absence of a lawyer-on-ricord-maims to handle his absence.
On several occasions, he pulled them not to follow the protocol while signing the petitions, also took a strong exception to his absence during the hearing.
In one of his decisions, he specifically directed advocates-on-record only to mark the lawyers who have the right to present and argue a case on a particular day. In the same order, he ordered a CBI inquiry against the advocates in a case of alleged copy.
In response, SCBA and Scoara wrote to the administrative side of the Supreme Court. He said that the decision was contrary to the inhabited practice of the court, as well as an overrech gave the directions that the administrative side of the court has issued time from time to time.
In April this year, Justice Trivedi and Bar exchanged a rigorous words by the judge after pulling one of the advocates to file a decent petition in a criminal case. He threatened to proceed with contempt proceedings against the advocate, inspiring the senior bar members to intervene.
The opposition he was facing from the bar despite a historical decision that he gave in favor of the lawyers. A Justice Trid-Left bench had said that lawyers do not come under the purview of the Consumer Protection Act, and therefore, consumer does not face prosecution under laws to protect interests.
(Edited by Madhurita Goswami)