SC Is not CJI's court: CJI cites Justices Khanna & Lalit's efforts to ensure collective functioning
Nagpur: Chief Justice of India BR Gavai has reiterated that the Supreme Court does not function as the personal court of the Chief Justice, but as a collective institution guided by the wisdom and opinions of all its judges. Speaking at a felicitation event organized by the High Court Bar Association of Nagpur, his hometown, CJI Gavai emphasized the principle of judicial equality and collaborative decision-making within the apex court.
Echoing the stance of his predecessors, Justices UU Lalit and Sanjiv Khanna, CJI Gavai stated, “Like Justices Khanna and Lalit, I too am a firm believer in the principle that a CJI is only the ‘first among equals’ and not the ‘Master of the Supreme Court.’”
He noted that administrative decisions of the Supreme Court are not taken unilaterally by the Chief Justice but through full court deliberations. He cited the recent example of a full court meeting held after his elevation to the office, similar to the one convened by Justice Khanna. “There is a growing belief that the SC is a CJI's court and not the court of all the judges. But I must say, with a matter of pride, that Justices Lalit and Khanna and even I have attempted to dispel this notion,” he said.
CJI Gavai specifically referred to the removal of glass panels from Supreme Court corridors, a decision publicly clarified as one taken by the full court to address concerns raised by the bar and to restore the institution’s original grandeur.
Addressing the broader role of the judiciary, CJI Gavai asserted that judicial activism becomes necessary when other branches of the State, namely the legislature and executive, fail to protect citizens’ rights. However, he cautioned that such activism should not devolve into “judicial adventurism or judicial terrorism.”
“I always felt that judicial activism was necessary because whenever the executive or the legislature fails, the judiciary has to step in as a custodian of the rights of the citizens,” he said, while underscoring the importance of each constitutional wing functioning within its designated sphere.
Highlighting the ethos of judicial service, the CJI remarked, “Judgeship isn't a job but a service to society and the nation.” He added that he continues to see himself as a learner, drawing insights from peers and colleagues across the legal fraternity.
Commenting on the functioning of the Collegium system for judicial appointments, CJI Gavai said that efforts are underway to maintain transparency and uphold seniority and merit. “We are interacting with candidates, and we find that interactions work their way out,” he said, citing the elevation of Justice Atul Chandurkar to the Supreme Court as a recent example of merit-based appointment.
In a related remark at the same event, Justice Dipankar Datta stated that not all recommendations of the Supreme Court Collegium are acted upon, often due to ‘external forces.’
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HC orders preservation of Sunjay Kapur's assets on plea by Karisma Kapoors' children
New Delhi (PTI): The Delhi High Court on Thursday directed preservation of the assets of late Sunjay Kapur, ruling that all "suspicious circumstances" raised by the industrialist's children from his marriage with actor Karisma Kapoor have to be completely removed by his third wife, Priya Kapur, before the acceptance of his purported last will.
Justice Jyoti Singh passed the interim order on an application filed by Karisma Kapoor's children to restrain Priya Kapur from alienating their father's assets, reportedly worth Rs 30,000 crore.
The interim application was filed in a suit by the children, challenging their late father's purported will of his assets.
"Having heard and on examination of the material on record, I have the considered view that all legitimate suspicious circumstances raised by the plaintiffs will have to be completely removed by defendant number one (Priya Kapur) before the document is accepted as the last will," the judge said.
"Plaintiffs have made out a prima-facie case that the assets which are subject matter need to be protected, preserved, pending disposal of the suit," she added.
Justice Singh ordered that the equity shareholdings in the three Indian companies of the deceased cannot be changed and also restrained the disposal of his personal effects, including artwork.
The court said if the assets are not preserved and Priya Kapur ultimately fails to prove the validity and genuineness of the will, the deceased's children from his marriage with Karisma Kapoor -- his second wife -- and his mother Rani Kapur would be deprived of their legitimate shares.
"I have restrained from alienating, transferring, pledging, liquidating or in any other manner changing the equity shareholdings in the three Indian companies. I have restrained from withdrawing the PF amount. I have restrained from withdrawing monies from the three accounts except to the extent of discharging liabilities towards the children," the judge said.
The court clarified that it has not passed the order with respect to immovable foreign assets.
A detailed copy of the verdict is awaited.
Sunjay Kapur died on June 12, 2025, after collapsing during a polo match in England. He had reportedly suffered a sudden cardiac arrest.
