Justice bela Trivedi has now retired from the Supreme Court. Her retirement is as controversial as her tenure was. The Supreme Court bar association and the Supreme Court advocates on record association have both refused to host a formal farewell ceremony for her. This is unprecedented for the apex court and has been criticized by the incumbent chief justice.
Throughout her tenure people have been reminded of the fact that she was the law secretary for the modi government in Gujarat and that her decisions and in court behavior were reflective of it. Especially in cases pertaining to pmla and uapa, two laws specifically weaponized by the current regime.
Predictability is the cornerstone of judicial decision making and if it is determined by the constitution of the bench, predictability is lost and along with it the sanctity of justice. Secondly the fundamental principle of rule of law is that there must be an independent judiciary to protect the rights of the individual against the state and extending the benefits of bonafide to the state makes rule of law redundant and thereby the legitimacy of the judiciary. Her tenure needs to be assessed on these touchstones.
A forgettable chapter
