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Ex-CJI BR Gavai Explains Khajuraho Remark: ‘Out of Context’ Controversy Settled

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Former CJI BR Gavai clarifies his statement on Lord Vishnu during the Khajuraho temple case, saying social media misrepresented his words. He stresses criticism of judgments is fine, but personal attacks on judges are unacceptable.

Ex-CJI BR Gavai Explains Khajuraho Remark: 'Out of Context' Controversy Settled
Ex-CJI BR Gavai Explains Khajuraho Remark: ‘Out of Context’ Controversy Settled

Former Chief Justice of India (CJI) BR Gavai has responded to the controversy surrounding his remarks in the Khajuraho temple case, saying that comments on social media are often presented “out of context.”

The issue traces back to September when Justice Gavai faced criticism for allegedly insensitive comments during a Supreme Court hearing on a petition seeking restoration of a damaged idol of Lord Vishnu in Madhya Pradesh.

While dismissing the petition, the Bench led by then CJI Gavai had said the matter falls under the Archaeological Survey of India (ASI).

During the hearing, he reportedly told the petitioner to “pray to Lord Vishnu” if they truly believed in divine intervention. This remark sparked outrage among some lawyers and social media users.

The petition had requested directions to repair a 7-foot damaged idol of Lord Vishnu at the Javari Temple in the Khajuraho complex, a UNESCO World Heritage Site.

The remarks later led to a dramatic incident in the Supreme Court, where a 71-year-old advocate allegedly threw a shoe at Justice Gavai. Following the incident, the accused was allowed to leave without charges, based on the former CJI’s instructions to the Registrar General.

Speaking exclusively to IANS, Justice Gavai clarified his earlier statements, saying,

“Generally on social media, things are said out of context. It was circulated that I said this or that, but it was completely misrepresented.”

He added,

“I only stated that temples under the ASI cannot be altered without ASI approval. The court cannot interfere in such matters. I have made the same observation in Waqf cases as well. The law permits only religious practice, not structural changes unless authorised by ASI. Whatever was circulated online was unjustified.”

On whether criticism of judges is appropriate, the former CJI said,

“Criticism of judgments is always welcome. A judgment may be right or wrong, as judges are also human. But trolling or personally targeting judges is not justified.”

Commenting on the misuse of technology and online platforms, Justice Gavai stated,

“Everyone is facing the nuisance of social media — whether it’s the Executive, Judiciary, or Legislature. Technology is a boon, but it is being misused. Artificial Intelligence, too, is being misused.”

He further emphasised the need for regulation, saying,

“Parliament should prioritise enacting a law to control this menace. Technology has advantages, but also serious disadvantages. Proper regulation is needed.”

Justice BR Gavai, the 52nd Chief Justice of India, has had a long and distinguished legal career. He began practicing law in 1985 and grew up in a family involved in social activism, which instilled in him a strong respect for the rule of law.

Over the years, as an advocate, a judge at the Bombay High Court, a Supreme Court judge, and ultimately as CJI, Justice Gavai has consistently demonstrated dedication to judicial efficiency and upholding the law.

His decisions have sparked discussion both in courtrooms and across digital platforms, making significant contributions to Indian jurisprudence.

Justice Gavai was sworn in as the 52nd CJI on May 14, succeeding Justice Sanjiv Khanna. His name was recommended by Justice Khanna on April 16 and later approved by the Law Ministry on April 29.

His appointment marked a historic milestone, as he became the first Buddhist and only the second Chief Justice from the Scheduled Caste community, following Justice KG Balakrishnan.

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