‘Very Unfair To The Court’: CJI BR Gavai Disappointed Over Adjournment Request In Madras Bar Association Case

‘Very Unfair To The Court’: CJI BR Gavai Disappointed Over Adjournment Request In Madras Bar Association Case

Chief Justice of India BR Gavai on Thursday voiced strong disapproval after a request was made on behalf of Attorney General for India R Venkataramani to defer the hearing in the Madras Bar Association case, which is scheduled for tomorrow.

“Very unfair to the Court,” the CJI remarked to Additional Solicitor General Aishwarya Bhati, who sought time on the ground that the AG was engaged in an international arbitration matter.

The CJI noted that the Court had already granted accommodation twice at the AG’s request. “We have accommodated him multiple times. This is not fair to the Court,” Justice Gavai said. He went on to add, “If you want it listed after the 24th, say it openly,” pointing out that he demits office on November 23.

During the previous hearing, the CJI had also criticised the submission seeking reference of the matter to a larger bench, hinting that it appeared to be an attempt to delay the hearing.

When ASG Bhati suggested listing the matter on Monday, the CJI questioned how the Court would find time to draft its judgment. “We kept no other matters for tomorrow so that we could finish the hearing and use Saturday and Sunday for preparing the judgment. Every time we are told that the AG is busy, and we adjust. Then at the last moment, another request comes,” he said.

The CJI further asked why another law officer could not argue the matter. “There are several competent ASGs who can represent the Union,” he remarked. The ASG responded that the AG had been personally arguing the case thus far.

“Then he should have been present. In the High Court, the practice is clear—part-heard matters take priority. We had to drop everything when we were on our legs. We have the highest regard for the AG, but hearings cannot be pushed around like this,” the CJI stated.

Finally, the Court agreed to proceed with Senior Advocate Arvind P. Datar’s submissions for the petitioners tomorrow, and scheduled the AG’s submissions for Monday. The CJI concluded: “If he does not appear on Monday, we will close the matter.”

The issue concerns the Madras Bar Association’s challenge to the constitutional validity of the Tribunal Reforms Act, 2021, particularly on aspects such as tenure, age limits, and appointment procedures for tribunal members.

 

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