Gujarat High Court Bar urged CJI BR Gavai to transfer Chief Justice Sunita Agarwal, claiming her tenure caused major issues for lawyers and litigants. GHCAA President Brijesh Trivedi stated, “Main sufferers are litigants and Advocates especially juniors.”
The Gujarat High Court Advocates’ Association (GHCAA) sent a letter to Chief Justice of India (CJI) BR Gavai, requesting the transfer of Chief Justice Sunita Agarwal. They argue that her tenure at the High Court has led to significant issues for both lawyers and litigants.
The recent call for Chief Justice Agarwal’s transfer stems from delays in the clearance of filings by the registry, following a new directive against overwriting or making changes to case files.
GHCAA President Brijesh Trivedi in the representation to the CJI stated,
“We request your Lordship to also consider transferring the current Hon’ble Chief Justice of Gujarat High Court to any other High Court, as it was only after her Ladyship was elevated as Chief Justice of Gujarat High Court that the problems escalated, resulting in the current situation and the main sufferers are litigants and Advocates – especially Junior Members of the Bar,”
The controversy began with an instruction issued on September 15 by the Registrar (Judicial) of the High Court, which stated,
“As directed by Honourable Chief Justice, all the Litigants, Stakeholders and Party-in-Person are hereby informed that if any interpolation/correction/ overwriting/ deletion by using whitener/ striking of is found in the Petition/Application, without initials of the Petitioner/Applicant and the Notary concerned, at the time of filing, the same shall not be accepted by the Registry.”
A follow-up instruction indicated that “minor corrections, alterations or deletions can be done by filing draft amendments under the signature of the Advocate/Party-in-Person, as the case may be, which shall be subject to approval by the Registrar (Judicial).”
According to the GHCAA, these instructions have caused significant delays in filing and clearing cases.
The letter to the CJI mentions that the Bar association sought a meeting with Chief Justice Agarwal to address these issues but was advised to submit a letter outlining their concerns.
After a comprehensive letter was sent, Bar members met with a committee of three senior judges.
However, the GHCAA reported that problems continued.
The communication to CJI Gavai stated,
“We had a very fruitful and positive meeting and certain directions were issued… We hoped that now, at least when we will file the matter in the Registry, a filing number will immediately be generated and when the objections like above would be raised, the Advocates were permitted to seek corrections by filing a simple Draft Amendment by signature of learned Advocates. But that hope turned into a nightmare and thousands of matters have piled up and not even given a filing number and in many matters, though such Draft Amendment came to be filed, they got rejected due to the approach of the Registrar Judicial (Shri Pranav Dave), without any order of rejection in most of the cases and the files are to be searched frantically by the clerks and Advocates,”
The GHCAA further noted that despite repeated assurances for redress, many original files have been lost, and lawyers or their clerks struggle to obtain even a filing number for their cases.
The letter explained,
“The problem is much bigger, as the Diwali Vacation is falling from 17th October and the Advocates are not able to get even the Bail Applications or Quashing Petitions or any urgent Civil matters registered … as the numbers are not generated by Registry and no proof of filing is available, many original files are also lost and no one is ready to take responsibility, resulting in great injustice to litigants, for whom this institution is created and the clerks and learned Advocates have to virtually beg to get the matters registered to get even a filing number, resulting in no new and fresh matters being placed before four Hon’ble Courts yesterday (October 07),”
The GHCAA emphasized that such issues have never arisen in the 65-year history of the Gujarat High Court.
The GHCAA President has now requested a personal audience with the CJI and other members of the GHCAA Managing Committee to discuss and resolve the problems caused by these Standard Operating Procedures, which are hindering new filings.
Earlier, In January 2025, a notable dispute took place between Gujarat High Court Chief Justice Sunita Agarwal and Advocate Brijesh J. Trivedi, who serves as President of the Gujarat High Court Advocates’ Association (GHCAA), during the hearing of a Public Interest Litigation (PIL) related to illegal constructions.
Advocate Trivedi alleged that Chief Justice Agarwal frequently interrupted lawyers, including senior advocates, preventing them from completing their arguments.
He cited a quote by Lord Francis Bacon regarding “overspeaking judges,” suggesting that the Chief Justice’s behavior was inappropriate. Trivedi also criticized her apparent distraction during the proceedings and requested that the case be transferred to another bench.
Following his remarks, he exited the courtroom before the hearing concluded.
In response, Chief Justice Agarwal issued a strict order condemning Trivedi’s actions, stating that his conduct reflected “utter disrespect towards the institution” and was “unworthy of becoming an elected President of the Advocates’ Association” as well as “unbecoming of an Advocate of the highest Court of the State.”
Later, the Advocate General, along with several senior advocates, met the Chief Justice to express regret over the incident.
However, the GHCAA declined to accept the apology, stressing that any future representations on behalf of the Bar must first receive approval from the GHCAA to ensure collective accountability and proper decision-making.