Justice Pardiwala’s Orders Stir Debate In SC
CJI reassigns 3 cases to other benches
NEW DELHI: In less than a month, three orders passed by a bench led by Justice Jamshed Burjor Pardiwala have drawn significant attention within the Supreme Court, prompting Chief Justice of India (CJI) B.R. Gavai to intervene and reassign the matters to other benches.
Justice Pardiwala, who is in line to serve a two-year term as the Chief Justice of India starting May 2028, had issued strong remarks and directions in three separate cases.
In the first matter, he criticised Allahabad High Court judge Prashant Kumar for permitting criminal proceedings in a civil dispute, and barred him from handling criminal matters until his retirement. This order triggered discontent among several senior judges of the apex court, who conveyed their concerns to the CJI. Following this, on August 8, Justice Pardiwala withdrew his remarks, clarifying that the intention was not to embarrass or malign Justice Prashant Kumar.
In the second case, concerning stray dogs, the bench described the situation of dog bites leading to rabies, particularly among children, as “extremely grim” and directed Delhi-NCR authorities to relocate all stray dogs to shelters “at the earliest.” The order sparked criticism from animal welfare groups and dog lovers, leading CJI Gavai to transfer the case to a three-judge bench headed by Justice Vikram Nath. On August 22, the new bench modified the earlier order, calling it “too harsh,” and allowed the release of stray dogs after sterilisation and de-worming.
The third case involved concerns over ecological imbalance in Himachal Pradesh. On July 28, a bench of Justices Pardiwala and R. Mahadevan warned that the entire state could “vanish into thin air” if reckless development continued. “Revenue cannot be earned at the cost of environment and ecology,” the bench observed. This matter too was subsequently transferred to the bench led by Justice Vikram Nath.
Justice Pardiwala was elevated to the Supreme Court on May 9, 2022. Born on August 12, 1965, in Mumbai, he graduated from JP Arts College, Valsad, in 1985 and earned his law degree from KM Law College, Valsad, in 1988. He hails from a family of lawyers and belongs to Valsad in south Gujarat.