No farewell for Justice Bela Trivedi: Bar silence triggers CJI rebuke

Justice Bela Trivedi’s last working day in the Supreme Court ended in controversy on May 17, as the customary farewell ceremony by Bar associations was conspicuously absent—prompting a strong public rebuke from Chief Justice of India B R Gavai during a ceremonial bench.

The judge, officially set to retire on June 10, sat for her last day in Court No 1 on Friday as she is travelling out of Delhi over the weekend and will not return before the summer recess begins on May 24. While it is tradition for the Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Record Association (SCAORA) to organise formal send-offs, no such event was held for Justice Trivedi.

CJI Gavai did not mince words. During court proceedings, he thanked SCBA president Kapil Sibal and vice-president Rachna Srivastava for their presence, but openly decried the stand of the Bar associations. “I am now openly appreciating Mr Sibal and Srivastava, that despite the resolution of the bodies, they are here,” the CJI reportedly remarked, calling out what he described as an unjustified deviation from tradition.

In response, Kapil Sibal, who is SCBA president, offered a calm rebuttal and explained why he still attended, “We are here because we respect the institution, we respect the chair, we respect the judges who have adorned this court. And Justice Trivedi has been one of them. That is why we are here.”

He added, “The presence of the full house here fully indicates the verdict is out—that she is quite a good judge... There are different types of judges, but that should not be a factor for doing what ought to have been done at 4.30 pm today.”

Justice Augustine Masih, part of the ceremonial bench, echoed the sentiment. “Traditions need following, and they are to be respected,” he said, wishing Justice Trivedi well in her post-retirement life.

Justice Trivedi had faced repeated pushback from segments of the Bar during her tenure, particularly after she passed strictures against advocates-on-record over procedural lapses and ordered a CBI probe in a case of alleged impersonation. She had also directed that only lawyers authorised to argue be marked present in cases—drawing criticism from SCBA and SCAORA for what they claimed was judicial overreach.

Tensions escalated in April when she threatened contempt proceedings against an advocate for filing a vexatious petition, leading to an exchange of words with senior lawyers.

Despite this, some voices in the legal community saw the farewell snub as unjustified. Bar Council of India chairman Manan Kumar Mishra wrote to the Bar bodies urging them to uphold institutional traditions. Senior advocate Raju Ramachandran, in a Facebook post, praised the Bar’s discernment but added, “The Bar is the judge of judges. When it goes cold, judges must remember that.”

SCBA secretary Vikrant Yadav denied any formal resolution against Justice Trivedi. He said the farewell was not planned simply because the association was unaware of her early departure. “We learned about her travel plans days ago,” he told ThePrint. SCAORA members also clarified they did not anticipate she would leave before the working vacation period, which begins this year on 24 May.

Justice Trivedi’s tenure was marked by firmness, fearlessness, and notable rulings—most recently her bench’s decision that lawyers are not liable under the Consumer Protection Act. While she had admirers and critics alike, CJI Gavai’s remarks made clear that a break in Bar traditions left a sour note on her departure.