Judicial discipline vital, says ex-CJI Gavai on Rajasthan HC controversy

Former Chief Justice of India BR Gavai emphasized the importance of judicial discipline during his comments on the controversy involving Supreme Court Justice Sandeep Mehta and Rajasthan High Court Acting Chief Justice Sanjeev Prakash Sharma. Commenting on the matter during his Yashraj Samant Memorial Annual Arbitration Lecture in Jaipur, Gavai expressed surprise at the controversy upon first reading about it in newspapers.

Gavai, who had a professional relationship with Justice Mehta as a junior judge, stated that he was shocked to learn of Justice Mehta's letter accusing the Rajasthan High Court of mistreatment. Upon inquiring about the reason behind the letter, Justice Mehta reportedly stated, "The Rajasthan High Court is like a mother to me. How can I remain silent if my mother is being mistreated? I have run out of patience."

Gavai then spoke with friends in the Rajasthan High Court to better understand the situation, which changed his initial perception that Justice Mehta had acted improperly. He recounted an incident during his tenure on the Supreme Court when a complaint against a High Court judge led to a transfer of the judge based on facts presented to the collegium.

Gavai highlighted that no uniform policy could govern every complaint and decisions must be taken based on the facts and circumstances of each case. Although such matters should typically remain confidential, Gavai questioned the options available when alleged irregularities became widespread. The controversy began when Justice Mehta reportedly wrote three letters to the Chief Justice of India on August 2, 10, and 17, expressing concerns over the Rajasthan High Court's administrative functioning and accusing the acting Chief Justice of misusing his authority.

Justice Mehta also alleged that Sharma had threatened fellow judges with transfers and displayed loyalty towards the Chief Justice of India.