Updated: September 2, 2020 4:35:05 pm
(From left to right) Justice Arun Mishra, CJI SA Bobde and Chief Supreme Court Counsel Dushyant Dave.
Lead attorney and president of the Supreme Court Bar Association (SCBA), Dushyant Dave Wednesday, alleged that he was not given an opportunity to speak during an online meeting. Farewell to Judge Arun Mishra, saying that “he will never again participate in any function organized by the Supreme Court until my term ends in December.”
In a letter to the Chief Justice of India SA Bobde, Dave said that he “fell silent” during the ceremony and that “the entire attempt was to prevent me from addressing myself on behalf of the SCBA and its EC (Executive Committee), having invited and the invitation has been accepted ”.
Dave, who has been a critic of Judge Mishra and defended attorney Prashant Bhushan in the criminal contempt case against him, said that “the whole episode leaves a lot to be desired by this great institution” and that “it was clearly an affront for the Bar and me personally ”.
Dave said that while he may have been muted out of fear that he might say “something unpleasant,” his anticipated statement at the farewell was: “On behalf of the SCBA, the CE and myself, I wish Judge Mishra happiness and happiness in the rest of your long life, which by all accounts will be as fruitful and rewarding as it has been. May I ask Lord Mahabaleshwar to bless you with the strength necessary to introspect and awaken your consciousness. “
Read also | Judge Arun Mishra leaves a controversial SC legacy
On his last day of work, the outgoing judge sits with the CJI on his bench as a matter of custom and members of the Bar Association to convey his dismissal wishes. Judge Mishra, who retired Wednesday, sat down with the CJI and received the wish of Attorney General KK Venugopal, Attorney General Tushar Mehta, Senior Counsel Mukul Rohatgi and the President of the Supreme Court Registry Defenders Association. (SCOARA), Shivaji Jadhav. Although Dave was also online, he was not seen speaking.
In his letter to the CJI thereafter, Dave said he was disappointed and strongly condemned the incident. He said he received a link at 10.06am to join the CJI Ceremonial Bank at 12.30pm from Team SCI VC (Supreme Court of Videoconferencing of India) and that it was posted on WhatsApp App by the Registrar in question. Dave said he “responded at 10.16 am accepting it, which was recognized by the Registrar at 10.18.” and that “he joined through the link around 12:20 pm and was confirmed by the team saying that the video and audio were perfect.”
“Then I had conversations with the AG, the SG, the SCORA president, among others. Once the Court met, I saw and heard all the proceedings clearly. In the end, Mr. Rohtagi said goodbye. After court work, Mr. Venugopal was asked to speak and I saw and listened to him fully, including his disappointment at Shri Prashant Bhushan’s punishment, ”he said.
“When it was over, I thought I would be asked to speak, instead, Mr. Jadhav was asked knowing full well that he was present. For some unknown reasons, I was disconnected over and over again, but I persisted and rejoined each time. I saw and heard Shri Jadhav completely and at the end of his speech again I was not asked to speak, although Shri Jadhav has acknowledged my presence in his speech, ”he added.
“After that, His Lordship spoke, what I saw and heard and then invited Judge Mishra to speak. In that moment, realizing the game plan, I came out for the broader interests of the dignity of the Bar and myself, ”Dave said.
The main lawyer said “but the most important thing is that I sent a message to the Secretary General by WhatsApp at 12:49 and again at 12:53 asking him why they kept me silent and why they invited me. Only at 1.02 did he respond saying that he is instructing the Registrar to investigate him, at which time it was too late and that is why I sent him a message informing him that he had left.
He added, “I must confess that the Supreme Court has reached levels where the judges are afraid of 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 ”.
Dave ended his note by saying, “I have to say, I am personally deeply saddened by these events and will stay away from SC-hosted events until your term ends.
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