‘Supreme Court Can’t Be Aloof’: CJI-Designate Justice BR Gavai Condemns Pahalgam Terror Attack

In a rare and poignant statement, Chief Justice of India-designate Justice Bhushan Ramkrishna Gavai on Sunday condemned the recent terror attack in Pahalgam that claimed 26 lives, declaring that the Supreme Court cannot remain detached in times of national crisis.

“When the country is in danger, the Supreme Court can’t be aloof, we are part of the country,” Justice Gavai said, addressing reporters ahead of his swearing-in on May 14 as the 52nd Chief Justice of India.

Following the attack, Justice Gavai convened a full court meeting with permission from the incumbent Chief Justice Sanjiv Khanna—who is currently abroad—and initiated a symbolic two-minute silence across the Supreme Court premises to honour the victims. This gesture marks a historic first, as the Court traditionally observes such a silence only on January 30 in memory of Mahatma Gandhi’s assassination.

On War and Peace

Commenting on the ceasefire declared after ‘Operation Sindoor’ between India and Pakistan, Justice Gavai stressed that no one gains from war. Citing ongoing conflicts, he remarked:

“Yuddh ke kya disasters hain we have already seen… it’s been three years we have been seeing war in Ukraine… over 50,000 have died… the other conflict in Gaza has seen many more casualties. Whatever happens, happens to everyone.”

He welcomed the ceasefire and said more details would emerge by Monday noon.

No Post-Retirement Assignments or Political Ambitions

In a candid media interaction, Justice Gavai ruled out any post-retirement roles or political engagement:

“No political ambitions. I have decided not to take any post-retirement assignments. Any other assignment is also below the post of CJI, even the Governor’s post.”

Son of the late R.S. Gavai—a veteran politician, former Governor of Bihar and Kerala, and prominent Ambedkarite—Justice Gavai hails from a village in Maharashtra and remains closely connected to his roots.

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On Judicial Independence and Controversies

When questioned about recent criticisms of the judiciary by Vice President Jagdeep Dhankhar and BJP MP Nishikant Dubey, Justice Gavai offered a dignified response:

“What is supreme is already known. It’s the Constitution that is supreme.”

On the issue of alleged cash recovery from Justice Yashwant Varma’s residence, Justice Gavai confirmed that a Supreme Court-appointed committee has submitted its findings and the matter has been referred to President Droupadi Murmu and Prime Minister Narendra Modi. He declined to comment on whether an FIR would be filed, citing procedural propriety.

Judicial Career and Contributions

Born on November 24, 1960, Justice Gavai began his legal career in 1985 at the Bombay High Court and the Nagpur Bench. He served as a government pleader and Public Prosecutor before his elevation as a judge of the Bombay High Court in 2003. He became a permanent judge in 2005 and was appointed to the Supreme Court on May 24, 2019.

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In his six-year tenure on the apex court, Justice Gavai has been part of over 700 benches, handling cases across constitutional, civil, criminal, commercial, and environmental law.

He is scheduled to retire on November 23, 2025.

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