Who is Justice B R Gavai?

Justice Bhushan Ramkrishna Gavai, commonly known as B.R. Gavai, is a distinguished name in the legal landscape of India. Born on 24^th November 1960, in Amravati, Maharashtra, Justice Gavai has carved a remarkable journey in the realm of law and justice, leaving an indelible mark on the Indian judiciary. He completed his Bachelor of Arts and Bachelor of Laws (B.A.LL.B.) from Nagpur University, further honing his expertise in legal matters. He is in line to become 52^nd Chief Justice of India (CJI) if the current procedure of appointment of CJI based on seniority is followed. After 9 years of Justice K.G. Balakrishnan's retirement, Justice B R Gavai became the first judge belonging to Schedule Caste to be appointed as a judge of Supreme Court.

Career

• Justice Gavai joined the bar on 16^th March 1985.
• He practiced independently at Bombay High Court from 1987 to 1990 and after 1990, he practiced mainly before Nagpur Bench of Bombay High Court.
• He was Standing Counsel for Municipal Corporation of Nagpur, Amravati Municipal Corporation and Amravati University.
• He was appointed as Assistant Government Pleader and Additional Public Prosecutor in the High Court of Judicature at Bombay, Nagpur Bench, from August 1992 to July 1993.
• He was appointed as Government Pleader and Public Prosecutor for Nagpur Bench on 17^th January 2000.
• He was elevated as Additional Judge of Bombay High Court (HC) on 14^th November 2003 and became a Permanent Judge of the Bombay HC on 12^th November 2005.
• He presided over benches having all types of assignments at the Principal Seat at Mumbai as well as Benches at Nagpur, Aurangabad and Panaji.
• He was elevated as a Judge of the Supreme Court of India on 24^th May 2019 and his tenure is till 23^rd November 2025.

What are the Notable Cases of Justice B R Gavai?

• Sudru v. State of Chattisgarh (2019):
  • A bench of Justice Deepak Gupta and B R Gavai convicted the accused based on circumstantial evidence, last-seen evidence, and the failure to provide a plausible explanation for incriminating evidence, leading to the confirmation of the accused's conviction.
• Union of India & Ors. v. Unicorn Industries (2019):
  • A 3 judges-bench determined that the Union of India, through the application of the promissory estoppel doctrine, cannot be precluded from revoking the exemption on excise duty for specific products if it deems such withdrawal essential for the public interest.
• In Re Prashant Bhushan & Anr (2020):
  • In June 2020 Advocate Prashant Bhushan uploaded a picture of former CJI, S.A. Bobde where the bench consisting of Justice B R Gavai fined him Rs. 1 considering the act a contempt of court.
  • The court held that “If we do not take cognizance of such conduct, it will give a wrong message to the lawyers and litigants throughout the country. However, by showing magnanimity, instead of imposing any severe punishment, we are sentencing the contemnor with a nominal fine of Re.1/ (Rupee one)”.
• Amazon. Com NV Investment Holdings LLC v. Future Retail Ltd (2022):
  • A division bench consisting of Justice B R Gavai held that an Emergency Award passed by an Emergency Arbitrator appointed under the Arbitration Rules of the Singapore International Arbitration Centre is enforceable under Section 17 of the Arbitration and Conciliation Act, 1996 (A&C Act).
  • The bench passed the order in favor of Amazon.
• Pattali Makkal Katchi v. Mayileruperuma; (2022):
  • In 2021, the Tamil Nadu Special Reservation of Seats in Educational Institutions including Private Educational Institutions and of Appointments or Posts in the Services under the State within the Reservation for the Most Backward Classes and Denotified Communities Act, 2021 was passed.
  • It provided reservation of 10.5% to Vanniyars community in public education and employment among the 20% reservation provided to Most Backward Classes (MBCs).
  • A 3 judges-bench consisting of Justice B R Gavai ruled that while the State government had the legislative authority to implement internal reservations, it made a mistake by relying on outdated and unreliable data when formulating the 2021 Act.
  • The Court concluded that the Act unfairly discriminates against other Most Backward Classes (MBC) groups.
• Vivek Narayan Sharma v. Union of India (2023):
  • A 5 judges-bench consisting of Justice B R Gavai upheld demonetization decision with 4:1 majority.
  • Justice B R Gavai authored the judgment where he also observed that “demonetization was an initiative of the Central Government, targeted to address disparate evils, plaguing the Nation’s economy, including, practices of hoarding “black” money, counterfeiting, which in turn enable even greater evils, including terror funding, drug trafficking, emergence of a parallel economy, money laundering including Havala transactions”.
• Neeraj Dutta v. State (2023):
  • A 5 judges-bench consisting of Justice B R Gavai observed that a public official can be convicted on the basis of circumstantial evidence for bribery charges.
• Salib @ Shalu @ Salim v. State of U P (2023):
  • A division bench consisting of Justice B R Gavai was observing the quashing of criminal proceedings under Section 482 of the Code of Criminal Procedure, 1973 (CrPC).
  • The bench observed that “Whenever an accused comes before the Court invoking either the inherent powers under Section 482 CrPC or extraordinary jurisdiction under Article 226 of the Constitution to get the FIR or the criminal proceedings quashed the Court owes a duty to look into the FIR with care and a little more closely.”

What are the Important Quotes Said by Justice B R Gavai?

• Justice B R Gavai emphasized value of learning by stating “The practice of law is an eternal process of learning and that one must continue to learn until the end of one's career. The day one decides to stop learning, it will be the last day”.
• While upholding the demonetization Justice B R Gavai quoted that “Action cannot be struck down on the basis of doctrine of proportionality”.