New Delhi: Justice Arun Mishra’s last day as Supreme Court justice left something of a controversy, just as did his eventful six-year tenure.
In a letter to the Chief Justice of India SA Bobde, the President of the Supreme Court Bar Association (SCBA), Dushyant Dave, made a strong exception to the fact that he was repeatedly disconnected from the videoconference through which the dismissal of Judge Mishra was taking place. Finally, when he rejoined, he was not asked to speak despite being the head of the Bar Association.
After he was snubbed, Dave claimed he walked out of the session “in the broader interests of the Bar’s dignity and myself” as he felt slighted by the treatment he was given. He said that the Supreme Court has reached such levels that “the judges fear the Bar Association.”
A view of the Supreme Court building
Photo: Reuters
The sequence of events
Dave logged into CJI Bobde’s ceremonial bench from 12:20 pm and had conversations with Attorney General KK Venugopal, Attorney General Tushar Mehta and other high-ranking members of the Bar Association. Then he heard the AGI. The CJI then called the president of the Association of Registered Supreme Court Defenders, Shivaji Jadhav, to deliver a word in honor of Justice Mishra. With Jadhav acknowledging Dave’s presence, Dave assumed that his turn would come.
But the CJI omitted Dave and invited Judge Mishra to speak, who responded to the good wishes of the Bar Association. At this point, Dave realized that he was being deprived of his turn to speak and decided to leave the session in protest.
Dave’s letter to the CJI revealed that he sent a message to the secretary general of the Supreme Court on WhatsApp at 12:49 pm and again at 12:53 pm asking why he was kept silent and why he was invited. Only at 1:02 pm did the secretary general respond, Dave said, saying he was instructing the registrar to look into it, by which time it was too late. Then Dave texted him informing him that he was leaving the farewell session.
Dave wrote to the CJI:
“The whole episode leaves a lot to be desired by this great institution. The whole attempt was to prevent me from addressing myself on behalf of the SCBA and its EC (Executive Committee), after having invited and accepted the invitation. This was clearly an affront to the Bar Association and to me personally. While you may have done so out of fear that I would say something unpleasant, let me tell you exactly what I had to say I had written … “
Dave said he wanted to wish Judge Mishra on behalf of the SCBA, the EC and himself “happiness and bliss in the rest of his long life which by all accounts will be as fruitful and rewarding as it has been.”
His final message was: “I beg Lord Mahabaleshwar to bless you with the strength to introspect and awaken your consciousness.”
Dave added:
“I must confess that the Supreme Court has reached levels where the judges fear the Bar Association. Remember, judges come and go, but we, the Bar Association, remain constant. We are the true strength of this great institution because we are permanent. I must say, I am personally deeply saddened by this event and will never again participate in any functions organized by the Supreme Court until my tenure. [as the SCBA president] ends in December. “
File photo of Dushyant Dave. Photo: Manthan Samvaad
The “iron judge”
When the CJI Bobde tribunal, Judge Mishra, and Judges AS Bopanna and V. Ramasubramanian met in accordance with court tradition (where the CJI shares its bench with the retiring judge on his last business day, albeit online on this occasion), it was assumed that those on the bench and the representatives of the Bar Association would speak a few words acknowledging the contribution of Judge Mishra.
As usual, the outgoing judge, Magistrate Mishra, in his speech, recognized that everything he was able to do “came from the supreme powers of this Court.” According to Bar and bench, said: “I always tried to borrow the weapon of power that my wise brothers gave me. You all were the power behind everything I did. “
In paying tribute to the Bar Association, he said that he could learn so many branches of law from its members, and he was proud of the fact that he handled each case with his conscience. He also apologized profusely if he had hurt someone with his behavior. “Look at each judgment (of him) and don’t color it this way or that,” Judge Mishra said.
Venugopal, in his speech, said that he had a good relationship with Judge Mishra for the past 30 years. “He is the iron judge of the Supreme Court,” said the attorney general, in an indirect reference to the “iron hand” with which Judge Arun Mishra said that Prashant Bhushan’s tweets should be treated. “We will miss him in the Supreme Court and we wish him good health,” Venugopal said.
Venugopal’s description of Justice Mishra as the “iron judge” of the Supreme Court came after the latter acknowledged his advice not to punish Bhushan for the crime of contempt of court.
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