Controversial end to controversial tenure: Bela Trivedi retires as SC judge

As was customary, the attorney-general of India, the solicitor-general of India, and several senior lawyers including SCBA (Supreme Court Bar Association) president Kapil Sibal, praised the erudition, wisdom and legal acumen of the retiring judge.

The AG concluded his statement by recalling Justice Bela Trivedi’s commitment to truth and justice (nyay dharma chhe, dharma bina rajya adhuro chhe). Solicitor-general Tushar Mehta claimed he had never received any relief from a bench presided over by Justice Trivedi, and added that she had "never aimed to mould a relief to suit popular sentiment".

The solicitor-general and several other speakers also dropped broad hints that her "services to the nation" should continue. Justice Trivedi — who was the law secretary in Gujarat and was elevated as a judge of Gujarat High Court when Narendra Modi was chief minister — was appointed a judge of the Supreme Court in 2021.

In his brief, two-and-a-half-minute intervention, SCBA president Sibal wished the judge well and added that her services would surely be continued to be utilised. Justice Trivedi, he noted, is only the tenth woman to be appointed an SC judge, and it was indeed a great milestone and rare privilege.   

He went on to recall a UAPA case where Justice Trivedi declined to grant any relief. He recalled that he had impulsively said, “I expected that at least your Lordship will have some empathy”, to which Justice Trivedi had replied by saying, “Oh, then you really don’t know me!”

“We knew your lordship before you came here and we knew your Lordship when you were here,” Sibal added.

Justice Trivedi’s lack of empathy was evident during her tenure, but few expected the trait to be referred to during the ceremonial send-off.

SIBAL MAKES HISTORY!

Normally before a ceremonial bench, lawyers say nice things about the retiring judge. Sibal recalled a UAPA Case where Bela Trivedi J declined relief. He said that as a matter of hunch he then said “I expected that at least your Lordship will have some… pic.twitter.com/qgeVxssZFp

— sanjoy ghose (@advsanjoy) May 16, 2025

The Chief Justice of India paid rich tributes to Justice Trivedi and said the court had found her to be fair and independent. CJI B.R. Gavai then went on to deprecate the decision of the SCBA not to extend Justice Trivedi the courtesy of a formal farewell.

“I am grateful to Mr Kapil Sibal and Ms Rachna Srivastava (president and vice-president of SCBA), both of them are here. But the stand taken by the association, I must deprecate openly, because I believe in being plain and straight. On such an occasion, 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," the CJI said.

It was later clarified that the SCBA resolution did not ask for members to boycott the ceremonial send-off in the Chief Justice’s court.

Opinion among lawyers seemed divided. Some claimed that Justice Trivedi had been rude to lawyers and litigants alike. Advocate Anas Tanwir posted on X, “Strictness is acceptable, the Bar has bid farewell to far stricter judges. But arrogance and repeated misconduct towards the Bar erode the dignity of the office. Withholding a farewell is not vindictive; it’s a rare, dignified form of dissent. the least that can be done.”

Strictness is acceptable, the Bar has bid farewell to far stricter judges. But arrogance and repeated misconduct towards the Bar erode the dignity of the office. Withholding a farewell isn’t vindictive; it’s a rare, dignified form of dissent. the least that can be done.

— Anas Tanwir (@Vakeel_Sb) May 16, 2025

The Bar Council of India (BCI) waded in later on Friday evening and wrote to the SCBA to reconsider the decision. “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,” the BCI communication read.

Justice Trivedi, who came to be known for being tough on individual liberty and for her conservative views, was also known for denying bail and giving orders favourable to the State. Several lawyers, including Dushyant Dave and Prashant Bhushan, wrote to then CJI D.Y. Chandrachud in 2023, complaining that cases were being placed before Justice Trivedi who was 16th in order of seniority then, while ignoring judges her senior.

Ceremonial Bench for Justice Bela M. Trivedi ( SC Live) https://t.co/XS9yt8Ggug via @YouTube

— uttam sengupta (@chatukhor) May 17, 2025

Saurav Das wrote in Article14, “Our analysis of eight cases before benches either consisting of Justice Bela Madhurya Trivedi or presided over by her reveals violations of the 2017 ' on Practice and Procedure And Office Procedure', which says cases should be retained before the senior judge before whom the case was first listed or listed before a judge hearing a similar case.” 

The eight cases included , petitions challenging provisions of the Unlawful Activities Prevention Act (UAPA), 1967; petitions challenging the dismissal of a fresh investigation against former Tamil Nadu chief minister Edappadi K. Palaniswami for alleged involvement in a highway tender scandal; two petitions connected to a skill development scam in which former Andhra Pradesh chief minister was a co-accused; a petition connected with the CBI probe in a disproportionate assets case against Karnataka deputy chief minister D.K. Shivakumar; a medical bail plea filed by jailed Tamil Nadu minister Senthil Balaji; and a bail plea of Bhima-Koregaon violence case co-accused Mahesh Raut.