Tribunal Reforms Act: CJI Gavai rebukes Centre for seeking adjournment to avoid his bench days before his retirement

Chief Justice of India (CJI) BR Gavai on Thursday expressed serious disapproval at the Central government's request for adjournment of a batch of petitions challenging the constitutional validity of the provisions of Tribunal Reforms Act, 2021. .He said that the government was trying to avoid the Bench headed by him since he has only a few days left for retirement. The matter is slated for hearing on Friday, November 7. The request for adjournment was made today through Additional Solicitor General Aishwarya Bhati via mentioning.The bench of CJI Gavai, Justice K Vinod Chandran and Justice Vipul M Pancholi then called out the Attorney General for India (AG) R Venkataramani for seeking the adjournment just days before the CJI Gavai retires from the top court. He said the Court wanted to hear the matter on Friday and write judgment over the weekend. "We have accommodated you twice already. How many more? If you want it after November 24 tell us then.(CJI Gavai demits office then). Very unfair to the court. Every time you seek accommodation for international arbitration. You have a battery of lawyers and then you file midnight applications seeking reference to larger benches! When we were in the high court, whatever briefs we had to give up when we had to come here. We had the highest regard for the highest constitutional court. We did not take any other cases tomorrow. We throught we will hear tomorrow and write judgment over the weekend," the CJI said..If you want it after November 24 (after CJI Gavai's retirement) tell us then. Very unfair to the court.Supreme Court.The Court then asked Senior Advocate Arvind Datar to continue with his submissions on Friday.Datar is representing Madras Bar Association, one of the petitioners in the case."Let AG address on Monday. But if AG, Does not come we will close the case then," CJI Gavai.On November 3 too, CJI Gavai had remarked that the Central government wanted to prevent him from deciding the case..In the earlier hearing, AG Venkataramani had raised a preliminary objection that the matter should be sent to a larger Bench. However, CJI Gavai had questioned the request, stating that the objection had not been raised at an earlier stage."On the last date you did not raise these objections.. you sought adjournment on personal grounds. You cannot raise these objections after hearing them fully on merits," CJI had said.AG had responded that lines cannot be drawn on preliminary objections. However, CJI Gavai in a sharp remark had said,"If we reject this application by you, we will observe that Union is trying to avoid this bench. We will not hear all this now after we have heard one side on merits.""We do not expect Union to indulge in such tactics. This is after we have heard one party fully and accommodated the AG on personal grounds," CJI Gavai addedJustice Chandran also appeared to be in agreement with the CJI, stating that the objection should have been raised earlier. CJI had then made it clear that the preliminary objection would be rejected. However, AG insisted on the point of reference. Unable to convince the Court, Venkataramani later asked the Court to allow him to proceed on merits. On CJI Gavai's remark that the application for reference to Larger Bench had been filed to avoid his bench, AG had said,"No please do not get this impression. The Act was passed after due deliberations... We are only saying that should the Act be just struck down because of these issues. Let it get some time to be stabilised...".[Read Live Coverage].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.