NEW DELHI: Justice Ujjal Bhuyan — who dissented from the Supreme Court’s decision to recall its May 16 judgment authored by Chief Justice B. R. Gavai and Justice A. S. Oka — sharply criticised the majority for what he described as overlooking core principles of environmental jurisprudence.
Justice Bhuyan, a member of the bench that wrote the May 16 order directing demolition of structures granted post-facto environmental clearance, defended the original verdict in a 97-page counter to the CJI’s 84-page recall judgment. He argued that the court’s review downplayed the precautionary principle, calling it “the cornerstone of environmental jurisprudence,” and warned that reliance on the “polluter pays” principle alone amounted to “a step in retrogression.”
The exchange grew tense when the Chief Justice noted a courtroom precedent where a dissenting judge criticised the CJI and the CJI replied — an instance he cited from the same-sex marriage proceedings involving Justice S. R. Bhat and then-CJI D. Y. Chandrachud. CJI Gavai said he would “depart from tradition” and would not alter a single word of his judgment after seeing Justice Bhuyan’s dissent.
When Justice Bhuyan declined to read portions of his critique, saying he “didn’t want to read certain undercurrents,” the CJI urged him to proceed, noting the text would enter the public record; Bhuyan nonetheless refrained.
Justice K. Vinod Chandran, writing separately, said he concurred with the CJI’s recall and only filed a separate opinion because Bhuyan’s rejection of the review directly denounced the view permitting it. Justice Chandran emphasised that dissent is a healthy part of judicial process but should avoid rigid adherence to personal convictions. He also provided a point-by-point rebuttal, stating the review properly considered the scope of powers under the Environment Protection Act and the legal implications of undertakings given in derogation of statutory provisions. Concluding, he said he found the review “not only warranted, but imperative and expedient.”
