Institute of Legal and Management Studies

The Bar Council of India has requested the Supreme Court Bar Association and Supreme Court AoR Association to organise an official farewell ceremony to Justice Bela Trivedi, who had her last working day on May 16.

The BCI in its letter addressed to the President of SCBA Kapil Sibal and President of SCAORA Vipul Nair says :

“The denial of a farewell to a judge of such stature raises questions about the institutional values that we, as a collective body of legal professionals, stand for. To ignore her contributions and deny her the respect she rightfully deserves is to diminish the very principles of equity, fairness, and integrity that Justice Trivedi has ardently upheld throughout her illustrious career.”

“It is pertinent to highlight that the SCBA and SCAORA have been longstanding pillars of the legal fraternity, exemplifying leadership, wisdom, and a strong sense of obligation. The exemplary work undertaken by you has been a source of inspiration not only for legal professionals but for the nation at large. Your actions, decisions, and stance resonate beyond the precincts of the Supreme Court, serving as a reflection of their deep-seated commitment to upholding justice and institutional dignity. By reconsidering the decision to deny a farewell to Justice Bela Trivedi, the SCBA and SCAORA would reinforce their status as esteemed custodians of tradition and integrity, demonstrating to law students, lawyers, and citizens alike the important responsibilities they shoulder in shaping the legal framework.”

BCI humbly urged both bodies to uphold institutional traditions and respect the position of a judge and her contributions towards the cause of justice.

“The Supreme Court Bar Association and SCAORA, to reconsider their decision, as a gesture of institutional respect and gratitude for her notable contributions to the judiciary. Such a farewell is not merely a matter of protocol but a reaffirmation of our collective commitment to the traditions, principles, and decorum that define the judicial institution. Let us not forget that institutions are sustained by traditions, and traditions are upheld by the respect we accord to those who serve them with distinction and honor.”

It stressed how Justice Trivedi in her decision in DK Gandhi Case held that advocates cannot be held liable under the Consumer Protection Act 1986 (as re-enacted in 2019) for deficiency of services. The Court held that professionals have to be treated differently from persons carrying out business and trade.

Notably, during the ceremonial bench proceedings today, CJI BR Gavai had criticised the stand taken by the Supreme Court Bar Association in not offering a farewell for Justice Bela M Trivedi.

While he appreciated the presence of SCBA President and Vice President at the proceedings, he minced no words in expressing that :

“The stand taken by the Association, I must deprecate openly, because I believe in being plain and straight. On such an ocassion, such a stand ought not to have been taken by the Association. So therefore, I am openly appreciating Mr.Sibal and Ms. Srivastava for their presence. Despite the resolution of their bodies, they are here. But what has been lost by the Association, the presence of the Full House here, vindicates that she is a very very good judge. There are different types of judges, but that should not be a factor to deny what ought to have been granted."

Click here to read the BCI letter