'Court Should Not Be Made a Medium for Political Battles': Former CJI BR Gavai on ‘Vote Chori’ Row
by IANS · LatestLYNew Delhi, November 27: Former Chief Justice of India B.R. Gavai said on Thursday that the Supreme Court should not be used as a platform for political confrontations. His remarks came after the court declined to entertain a plea seeking a Special Investigation Team (SIT) probe into allegations of electoral manipulation raised by Leader of the Opposition in Lok Sabha (LoP) and Congress MP Rahul Gandhi. In October, the Supreme Court had refused to consider a PIL demanding a court-monitored investigation into alleged irregularities in electoral rolls and advised the petitioner to approach the Election Commission of India (ECI) for appropriate redressal.
Speaking exclusively to IANS, former CJI Gavai said, “I have always maintained that the court should not be made a medium for political battles. The judiciary should not be used for political fights; these must be fought before the electorate.” He added that judicial forums should not become tools for settling political disputes. “There have been multiple instances where cases were filed against politicians. I have said openly that neither central nor state investigative agencies should be misused for political purposes. During my tenure, I handled two such cases — one involving senior Karnataka politicians facing Enforcement Directorate action, and another involving a Member of Parliament from the ruling party,” he said. Former CJI BR Gavai On Shoe-Throwing Incident: 'Upbringing Guided My Response'.
“In both matters, I made it clear that investigative machinery cannot be used to settle political scores. I granted relief in both cases because political contests should be resolved before the people—not in the courts,” Justice Gavai stated. Meanwhile, LoP Gandhi has repeatedly accused the BJP government and the Election Commission of enabling “vote theft,” raising the issue in Haryana and Karnataka. The Congress has also held public rallies in Delhi and Bihar over the allegations.
In response, 272 prominent citizens—including retired judges, bureaucrats and military officers had issued an open letter condemning attempts to undermine constitutional institutions, including the ECI. Justice B.R. Gavai, the 52nd Chief Justice of India, has had a long legal journey. Though he began his legal practice in 1985, he was familiar with the rule of law early on, having grown up in a family engaged in social activism. Throughout his career—as an advocate, judge of the Bombay High Court, Supreme Court judge, and finally as CJI—Justice Gavai demonstrated deep commitment to judicial efficiency and the rule of law. His decisions sparked discourse both in courtrooms and across digital platforms, contributing significantly to Indian jurisprudence. 'Why Bulldoze Roof of Innocent Families?': Former CJI BR Gavai Criticises Executive Overreach in Bulldozer Actions.
Justice Gavai was sworn in as the 52nd CJI on May 14, succeeding Justice Sanjiv Khanna. His name was recommended by Justice Khanna on April 16 and approved by the Law Ministry on April 29. His appointment marked a historic milestone as he was the first Buddhist and only the second Chief Justice from the Scheduled Caste community after Justice K.G. Balakrishnan to hold the post.
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