Rulers or Servants ? By Justice Katju

Chief Justice BR Gavai

I have been an admirer of the new Chief Justice of India Justice Gavai for his several verdicts, particularly his verdict in the ‘bulldozer case’ 

https://www.deccanherald.com/india/article-370-rape-bulldozer-justice-indias-new-cji-justice-gavai-has-delivered-many-a-landmark-verdict-3539907#:~:text=He%20penned%20a%20landmark%20verdict,given%2015%20days%20to%20respond.

I said so in my interview by Kapil Sibal in September 2024

However, I am unhappy and disappointed by Justice Gavai’s recent statement in which he complained that he did not get proper reception when he reached Mumbai airport

https://www.hindustantimes.com/india-news/cji-gavai-displeased-over-protocol-lapse-101747624035614.html

https://www.indiatoday.in/india/law-news/story/br-gavai-chief-justice-maharashtra-protocol-lapse-supreme-court-2726692-2025-05-18

https://indianexpress.com/article/cities/mumbai/cji-gavai-protocol-lapse-maharashtra-democracy-10014123

Not to be outdone, the Vice President of India, Jagdeep Dhankhar, made a similar complaint.

https://timesofindia.indiatimes.com/india/i-am-also-a-sufferer-dhankar-backs-cji-gavai-on-protocol-breach-laments-no-fir-in-cash-at-home-row/articleshow/121273008.cms

But why this expectation  ? High authorities should have modesty and simplicity, and not have ego problems

I am reminded of an incident which happened when I was Chief Justice of Madras High Court ( 2004-2005 ). I travelled with my wife from Chennai to Madurai ( where a new bench of the High Court had been created ) by an overnight train. When my train reached Madurai railway station I found a huge crowd of officials there to receive me, which included hundreds of policemen. 

From the railway station we went by car to the High Court Madurai Bench premises, which was about 10 miles from the Madurai railway station. En route I saw several policemen standing after every100 or 200 yards to greet and salute me.

In the evening after Court hours I called the Inspector General of Police, Southern Range to my residence, and mentioned to him what I saw en route from the railway station to the High Court premises. I told him that the police is for the protection of the public. But by posting a large part of the Madurai police to greet and salute me, he had left the people of Madurai unprotected, and so thieves and other criminals must have had a field day. I said I had no ego problems, and would not be upset if there was no one to greet me. My job was to do justice to the people, not to receive protocol. So he should not do this again.

Another incident I was reminded of happened when I was Chief Justice of Delhi High Court. Some brother judges of the High Court complained to me that they were frisked at the Delhi airport, and I should tell the airport authorities not to frisk High Court judges. I told them that the law was the same for every one, and High Court judges are not a privileged class. I myself, though the Chief Justice, never objected to being frisked at the airport, realizing that the official frisking me was only doing his duty.

All State authorities, whether Ministers, Judges, Bureaucrats, etc must realize, and constantly remind themselves, that in a democracy they are only servants of the people, not their masters. Does a servant expect to get protocol from his master when accosting him ?

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