Former Chief Justice of India BR Gavai and retired Delhi High Court judges Justice SN Dhingra and Justice RS Sodhi have questioned Supreme Court Justice Ujjal Bhuyan’s recent public remarks on the Special Intensive Revision (SIR) of electoral rolls, stressing that the issue is pending adjudication before the Supreme Court.
Justice Bhuyan made the remarks while delivering the valedictory address at the 19th Justice Bodh Raj Sawhney Memorial Moot Court Competition at NALSAR University of Law on Sunday. Referring to the ongoing electoral roll revision, he said any process resulting in the disenfranchisement of millions of citizens would be “intrinsically arbitrary” and a “negation” of the constitutional order.
Pointing out that the Constitution guarantees equal standing to all citizens regardless of voting status, Justice Bhuyan stated that such a procedure cannot be justified through any form of “whataboutery.”
Expressing concerns over judicial restraint, former CJI Gavai stated that propriety forbids a sitting Supreme Court judge from publicly commenting on a sub judice matter awaiting adjudication.
Retired Delhi High Court judge Justice SN Dhingra also criticised the remarks, saying Justice Bhuyan should have exercised greater caution before commenting on the matter at a public event.
Questioning the propriety of Justice Bhuyan’s public comments on the SIR exercise, retired High Court Judge Dhingra asserted that a sitting Supreme Court judge should not comment without complete facts or speak on behalf of senior Election Commission officials. Describing the remarks as exceeding judicial limits, he emphasized that top bureaucrats are fully equipped to address their own internal matters.
Justice RS Sodhi, meanwhile, questioned Justice Bhuyan’s characterisation of the SIR exercise as disenfranchisement. He said the right to vote is governed by statute and depends on whether a person meets the prescribed legal requirements.
Justice Sodhi noted that voting eligibility is strictly statutory, adding that while electoral rolls may contain errors or omissions, legal mechanisms exist to correct them.
The Supreme Court is currently hearing multiple petitions concerning the SIR exercise, including challenges relating to the Election Commission’s powers, safeguards for voters and exclusion of names from electoral rolls. Justice Bhuyan made the remarks at NALSAR, where he had earlier served as Chancellor.
The post SIR remarks: Former CJI BR Gavai, retired Delhi High Court Judges question Justice Ujjal Bhuyan’s public comments appeared first on India Legal.