New Delhi: Chief Justice of India B.R. Gavai’s oral remark to a petitioner to pray to Lord Vishnu for the repair of his Vishnu idol has triggered a controversy, with Vishva Hindu Parishad (VHP) saying it “mocked the faith” of Hindus and such remarks should be avoided.
The VHP’s reaction came Thursday when the CJI sought to put a lid on the controversy, explaining that his remark was misportrayed on social media. “Someone told me the other day that the comments I made have been portrayed in social media in a certain manner…I respect all religions,” CJI Gavai said.
VHP chief Alok Kumar, also a practising lawyer, condemned CJI Gavai’s remarks, saying that it “mocked the faith” of Hinduism. “It is the duty of all of us to exercise restraint in our speech, especially inside the court. This responsibility lies with those fighting the case, with the lawyers, and equally, with the judges,” Alok Kumar said.
In a statement by the outfit, the VHP chief said that the court is the temple of justice and Indian society has entrusted its faith in courts. It is the “duty of all of us that this trust not only remains intact but also grows stronger”, the VHP chief added.
Two days ago, the Supreme Court was hearing a petition seeking the repair of a broken Vishnu idol in the famous Javeri Temple of Khajuraho, Alok Kumar said, recounting what happened. During the hearing, the VHP chief added, the chief justice made an oral remark saying, ‘Pray to God himself for the repair of the idol; you claim to be a staunch devotee of Lord Vishnu, so now pray to him alone.’
Declining the petition by Rakesh Dalal, who demanded an order from the court for the repair of the seven-foot idol, a bench led by CJI Gavai refused to entertain his plea, saying that the matter fell within the jurisdiction of the Archaeological Survey of India (ASI).
On 16 September, the bench orally remarked that the petitioner (Dalal) should go and pray to Vishnu for relief. “Go and ask the deity itself to do something now. You say you are a staunch devotee of Lord Vishnu. So, go and pray now. It’s an archaeological site and ASI needs to give permission….,” the court reportedly said.
On Thursday, Shankaryacharya of Jyotirmath Avimukteshwarananad Saraswati also condemned the remarks. “The remarks made by the Chief Justice of the Supreme Court, Justice B.R. Gavai, while dismissing the Vishnu idol petition, are not only unexpected but also hurt the sentiments of millions of Hindus,” Saraswati said in his statement. “His remarks clearly indicate that he is not only mocking our deity but also implicitly supporting the atrocities committed against us during the Mughal period.”
Avimukteshwarananad Saraswati also said that the CJI’s “sarcasm” in replying to the petitioner, a Vishnu devotee, not only contradicted Hindu laws, as contained in the book, Hindu Law of Religious and Charitable Trusts, but also legal principles Justice Bijan Kumar Mukherjee, who later became chief justice, established via his decision in the Shirur Math case. A larger bench of the SC, comprising seven judges, heard the Shirur Math case back in 1954. Moreover, the religious leader pointed out that CJI Gavai’s remarks violated the fundamental rights guaranteed to Hindus in Articles 25 and 26 of the Indian Constitution.
It is a well-established law that a deity cannot protect its rights but rather its sevayat (servant) can, or in the absence of a sevayat, a devotee can, he said.
He even cited the Ram Janmabhoomi-Babri Masjid dispute to establish his arguments.
“It goes without saying that the petitioner, Rakesh Dalal, approached the court to protect the rights of his deity, in accordance with established law,” Avimukteshwarananad Saraswati asserted.
(Edited by Madhurita Goswami)
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