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Upendra Bharti | HENB | New Delhi | Sept 16, 2025:: The Supreme Court, led by Chief Justice BR Gavai, recently dismissed a petition seeking the restoration of a dilapidated seven-foot idol of Lord Vishnu at the Javari temple in Khajuraho, Madhya Pradesh. The petitioner, Rakesh Dalal, claimed that the idol was mutilated during Mughal invasions and its restoration was essential for devotees’ fundamental right to worship.
The anti-Hindu bias of Buddhist Chief Justice of India (CJI) B R Gavai was exposed once again when he attempted to malign a Hindu petitioner with an inappropriate remark challenging the Hindu belief in trusting their own deities.
The Court’s Decision
The bench, comprising CJI Gavai and Justice Augustine George Masih, declined to entertain the petition, stating that the matter fell under the jurisdiction of the Archaeological Survey of India (ASI). CJI Gavai remarked, “Go and ask the deity itself to do something now. You say you are a staunch devotee of Lord Vishnu. So go and pray now. It’s an archaeological site and ASI needs to give permission etc. Sorry”.
The Supreme Court refused to entertain a plea seeking restoration of a beheaded idol of Lord Vishnu at the Javari temple, part of the Khajuraho group of monuments in Madhya Pradesh.
The petitioner argued that the refusal to restore the idol violated devotees’ fundamental right… pic.twitter.com/AzK8CHRXuT
— Bar and Bench (@barandbench) September 16, 2025
Such humiliation of Hindu deities is not expected from the end of the apex court.
Petitioner’s Argument
Dalal argued that the refusal to restore the idol violated devotees’ fundamental right to worship under Article 25 of the Constitution. He highlighted protests, memoranda, and campaigns regarding the temple that went unanswered. The petition sought directions for the replacement, reconstruction, and consecration of the mutilated idol.
Controversy Surrounding CJI Gavai’s Remarks
The court’s response has sparked controversy, with some critics accusing CJI Gavai of insensitivity towards Hindu sentiments. The remark has been widely condemned as dismissive of the faith of millions of Hindus who revere the idol. Eminent lawyer Vineet Jindal expressed deep anguish over the comments, terming them “inappropriate,
It is unsettling to imagine if B R Gavai had been part of the five-judge bench (comprising Chief Justice Gogoi and Justices SA Bobde, DY Chandrachud, Ashok Bhushan, and SA Nazeer) in the Ayodhya Ram Temple-Babri Mosque case in the Supreme Court; he would likely have tried to send the case to Lord Ram for justice.
CJI Gavai appears to be repeatedly attempting to hurt Hindu sentiments in his own Buddhist and Ambedkarite ways; it is imperative that he stops such behavior immediately.
Reactions and Implications
The case has reignited a debate over judicial restraint, constitutional secularism, and the need for sensitivity towards religious faith. While legal experts acknowledge that the ASI is the competent authority to decide on archaeological restoration, the bench’s response has been criticized for its perceived insensitivity.
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_ Inputs from Bar & Bench..
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