Former Chief Justice of India Justice BR Gavai has commented on the recent controversy involving Rajasthan High Court Acting Chief Justice Sanjeev Prakash Sharma and Supreme Court Justice Sandeep Mehta, stressing that judicial discipline is essential and that serious complaints must be examined and acted upon on the basis of facts.

Speaking to the media after delivering the Yashraj Samant Memorial Annual Arbitration Lecture at the Rajasthan International Centre in Jaipur on Saturday, Justice Gavai said he was surprised when he first read about the controversy in newspapers.

‘We Have to Maintain Judicial Discipline’

Justice Gavai said that he did not consider it appropriate for letters containing serious allegations concerning judges to be placed in the public domain. According to him, such issues should preferably be addressed at the institutional level.

At the same time, he emphasised that where a serious complaint is made, it cannot simply be ignored and must be examined on the basis of the facts and circumstances of the particular case.

Referring to his own tenure as CJI, Justice Gavai recalled an instance when a complaint against a High Court judge came before the Supreme Court Collegium during the tenure of former CJI Justice Sanjiv Khanna. He said Justice Khanna convened a Collegium meeting on the same day, examined the allegations and, based on the facts, a decision was taken regarding the judge's transfer.

Justice Gavai stressed that there can be no uniform formula or fixed policy for dealing with such complaints and that every matter must be considered on its individual facts and circumstances.

‘Rajasthan High Court Is Like My Mother’: Justice Mehta Told Gavai

Justice Gavai also revealed that Justice Sandeep Mehta is his friend and that, after learning that Justice Mehta had written letters to the then CJI, he personally asked him why he had felt the need to take such a step.

According to Justice Gavai, Justice Mehta told him that his patience had run out and compared the Rajasthan High Court to his mother, saying that if someone allegedly mistreated his mother, he could not remain silent.

Justice Gavai said the conversation changed the negative impression he had initially formed about Justice Mehta. He added that what he subsequently heard regarding the situation at the Rajasthan High Court was “really very shocking.”

Three Letters Written to CJI

Justice Sandeep Mehta had reportedly written three letters to the then Chief Justice of India on August 2, 10 and 17, seeking action concerning Acting Chief Justice Sanjeev Prakash Sharma.

In the letters, Justice Mehta allegedly raised concerns regarding the functioning of the Acting Chief Justice and accused him of misusing his authority. He also alleged that Justice Sharma threatened fellow judges with transfers and claimed proximity to the CJI.

Justice Mehta had further sought the early appointment of a permanent Chief Justice of the Rajasthan High Court, arguing that continued inaction on the appointment was against the interests of the institution.

Justice Sharma Denied Allegations

Justice Sanjeev Prakash Sharma, on the other hand, had rejected the allegations as baseless, false and devoid of facts. He reportedly stated that the allegations were motivated by personal animosity and that he had submitted his response to the CJI.

Justice Sharma had also maintained that a written response supported by facts and material had been sent addressing the allegations raised by Justice Mehta.

Gavai Declines to Comment on What He Would Have Done

When asked what he would have done had he been the CJI and received the complaint of Justice Sandeep Mehta along with the response of Justice Sanjeev Prakash Sharma, Justice Gavai declined to comment on the specific situation.

He, however, reiterated the broader principle:

“We have to maintain judicial discipline.”

On a question concerning the transfer of a Rajasthan High Court judge and an alleged condition that the judge should not be sent back to Rajasthan, Justice Gavai said he was not aware of any such decision. He clarified that if such a decision had been taken in the past, he was not part of the Collegium at that time.

Justice Gavai's remarks come amid an ongoing controversy concerning judicial discipline, institutional processes and administrative functioning within the Rajasthan High Court.