Impeach Chief Justice of India B.R. Gavai for Violating Laws

Dear Lok Sabha Members, Rajya Sabha Members, Speaker of the Lok Sabha, and the Chairperson of the Rajya Sabha,


United States Hindu Alliance (USHA) and the undersigned appeal to the Parliament of India to initiate impeachment proceedings against Bushan Ramkrishna Gavai, the Chief Justice of India, for his anti-Hindu comments and showing disdain to an ordinary citizen of India, who approached the Supreme Court in good faith.

A report in India Today also states that Gavai's nephew has been nominated for the post of a judge but he scored only 60.34 percent in his LLB degree at Amravati University. It is strange that a person with a mediocre score has been nominated over several others with better credentials, raising the suspicion that the nomination may not be above board but be due to Gavai occupying a powerful position.

When a petitioner approached the Supreme Court pleading respectfully for the restoration of a Hindu temple, Gavai said, "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." For 1.3 billion devout Hindus worldwide, the hostile remark is reminiscent of the manner in which Hiranyakashipu taunted Prahalad's devotion to Maha Vishnu. This behavior was clearly an act of the judge arrogantly using his power against a sincere citizen.

Gavai's disdainful response crosses all limits of decency and is way above the threshold for "proved misbehavior" mentioned in Article 124(4) of the Constitution of India that is required for the removal of a Supreme Court judge. Articles 25 and 26 of the Indian Constitution are together supposed to protect the freedom of religion in the context of the case brought on by the petitioner, and the Supreme Court itself is supposed to be the guardian of the rights enshrined in the Constitution. Yet, the Chief Justice of the Supreme Court has clearly indicated that Hindus will have no recourse in the courts and even made an insulting statement to put down the petitioner as well as the faith of Hindus.

What is most egregious about this behavior is that Gavai has violated multiple sections of the Bharatiya Nyaya Sanhita (BNS). BNS 299 states, "Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of citizens of India, by words, either spoken or written, or by signs or by visible representations or through electronic means or otherwise, insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both." Further, Section 302 states, "Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that persons or places any object in the sight of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both."

Had any other person made such a remark while serving in an official capacity (for example, as an IAS officer), that person would have been dismissed from his or her post and been prosecuted. Ordinary citizens who have made milder comments than those made by Gavai have faced the wrath of the courts. We appeal to the Parliament of India to maintain the dignity of the Supreme Court and restore the trust of the people of India as well as the rest of the world in the Indian judiciary by immediately initiating impeachment proceedings against Gavai. After all, as British jurist Alfred Thompson Denning said while invoking the words of Thomas Fuller, "Be ye never so high, the law is above you."


United States Hindu Alliance and the undersigned.