'Have the Liberty to Associate...': Former SC Judge on Attending VHP Meet

At least 30 former judges of the Supreme Court and several high courts attended an event organised by the Vishwa Hindu Parishad in Delhi on 8 September.

(Photo: X/ @arjunrammeghwal)

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Former Supreme Court judge, Justice Hemant Gupta, told The Quint on Tuesday that he attended an event organised by the legal cell of the Vishwa Hindu Parishad (VHP) as a 'citizen of India' to discuss 'current events and affairs'.

Justice Gupta, who retired from the Supreme Court in October 2022, said, "The 8 September event by VHP legal cell was a meeting attended by the Union Law Minister for a discussion on development of India."

A report by The Indian Express had previously stated that the event was attended by as many as 30 retired judges of the Supreme Court and various high courts.

VHP sources familiar with the event, on the condition of anonymity, told The Quint that religious conversions, cow protection, temple-mosque disputes in Varanasi and Mathura, and persecution of the Hindu minorities in neighbouring countries were among the key issues discussed at this meeting held at the India Habitat Centre in New Delhi.

In his response, Justice Gupta added: "I attended this event as a citizen of India. As far as retired judges attending such events post retirement is concerned, I cannot comment about others but I have the liberty to associate with platforms and forums to discuss and deliberate upon current issues and topics as any other citizen of the country."

Union Law Minister Arjun Ram Meghwal, who also attended the event, shared images on social media platform X and wrote, "Participated in the Judges' Meet organised by the Legal Cell of Vishwa Hindu Parishad, and discussed issues related to judicial reforms for building a developed India. On this occasion, retired judges, jurists, senior lawyers and other eminent intellectuals were present in the dignified presence of Vishwa Hindu Parishad President Shri Alok Kumar ji."

An archived version of the tweet can be accessed here.

(Photo: Screenshot/ X)

Karnataka Hijab Ban to Reservations for Marathas: Snapshot of Justice Gupta's Legacy

Prior to his tenure at the Supreme Court, Justice Gupta also served as a former chief justice of the Madhya Pradesh High Court and judge of the Patna High Court and Punjab and Haryana High Court.

Two months after his retirement, the Centre appointed Justice Gupta as Chairperson of the New Delhi International Arbitration Centre (NDIAC).

In his final judgment in the Supreme Court, he upheld Karnataka High Court's verdict in the Hijab ban case.

In February 2021 the Karnataka government issued an order banning students from wearing the Hijab in educational institutions.

A hijab is a type of headscarf worn by some Muslim women to cover their hair, neck, and sometimes parts of their face in accordance with Islamic principles.

The government order was challenged by students in the Karnataka High Court, which upheld the ban stating that wearing the Hijab was not an ‘essential religious practice’ and was not protected by the Freedom of Religion under Article 25 of the Constitution of India. The High Court's verdict was then challenged in the Supreme Court where a two-judge bench comprising Justice Gupta and Justice Sudhanshu Dhulia arrived at a split verdict. While Justice Gupta upheld the High Court ruling, Justice Dhulia, found it had ruled in error.

The judges then requested the Chief Justice to refer the matter to a larger bench.

In August 2022, Justice Gupta was also part of another two-judge bench split verdict delivered in which the Karnataka High Court’s decision allowing the use of Idgah Maidan in Bengaluru’s Chamarajpet for Ganesh Chaturthi celebrations was challenged.

The case was then heard by a three-judge bench the same day which stayed the High Court ruling.

In June 2020, Justice Gupta, along with Justice LN Rao and A Rastogi, authored a unanimous judgment which ruled that verbal caste-based abuses made 'privately and not in public view' are not punishable. The bench was hearing a plea which challenged the Uttarakhand High Court's ruling a case pertaining to a land dispute where a person allegedly entered the house of a person belonging to the Scheduled Caste and hurled caste-based slurs.

In September 2019, Justice Gupta was part of the constitutional bench which struck down the Maratha Reservations as unconstitutional for violating the 50 percent limit.

More photos from the event.

More photos from the event.

More photos from the event.