Chief Justice of the Supreme Court Bar (SCBA) Dushyant Dave wrote an energetic letter to Chief Justice of India (CJI) SA Bobde on Wednesday, condemning the treatment received during Judge Arun Mishra’s dismissal ceremony. of the Supreme Court. Cut.
Dave alleged that although he was invited by the Supreme Court to attend the event via video conference and had logged in using the web link sent by the registry, his microphone was deliberately muted by registry officials who prevented him from giving his speech.
It is customary for the president of the SCBA, the representative body of the lawyers practicing before the Supreme Court, to deliver a speech during the dismissal of the Supreme Court justices.
“I wish to record my strong disappointment and condemnation by what happened today in the Supreme Court of India during the dismissal of Judge Arun Mishra. The whole episode leaves a lot to be desired by this great institution. The entire attempt was to prevent me from addressing myself on behalf of the SCBA and its Executive Committee, after being invited and the invitation accepted. This was clearly an affront to the Bar and to me personally, ”Dave said in his letter.
When a Supreme Court judge retires, the retiring judge sits alongside the CJI on his last business day and Bar Association leaders, including the Attorney General, SCBA President, and senior attorneys meet to say gooobye.
The SCBA also hosts an elaborate separate farewell function on the Supreme Court lawn. After Covid-19 broke out and the court’s physical functioning ceased, the SCBA had been organizing its farewell functions via video conference. However, Judge Mishra had refused to participate in the SCBA farewell citing Covid-19 and stating that his conscience does not allow him to participate in a farewell function at a time when the world is reeling from the effects of the pandemic. .
The ceremonial bench was therefore the only opportunity for the bar leaders to bid farewell to Judge Mishra.
Dave, in his letter to the CJI, stated that he had received a link from the registrar in question at 10.06 am to join the ceremonial bench of the CJI at 12.30 pm where Judge Mishra was to say goodbye.
Dave had joined the conference at around 12:20 pm before the court met and was seen engaging in casual conversations with Attorney General (AG) KK Venugopal and Attorney General Tushar Mehta, who were also present to wish the judge Mishra on the occasion of his retirement.
Dave alleged that after the court met and heard all the cases, he invited AG KK Venugopal and the president of the Supreme Court Registered Defenders Association, Shivaji Jadhav, to speak, but Dave frequently disconnected.
“I persisted and met 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 acknowledged my presence in his speech. After that, His Lordship spoke, what I saw and heard and then invited Judge Mishra to speak. At that stage, realizing the game plan, I went out for the broader interests of the dignity of the Bar Association and myself, ”the letter said.
Dave also said that he contacted Secretary General Sanjeev Kalgaonkar to ask why they were silencing him, but did not get any response in time.
“Only at 1.02pm, he responded by saying that he was directing the Registrar to look into him, at which point it was too late and I texted him that I was gone,” Dave said.
Dave has been a vocal critic of the Supreme Court in recent years and has had heated exchanges with Justice Arun Mishra on more than one occasion. The most recent of those cases was when he appeared on behalf of lawyer Prashant Bhushan in the contempt case brought against Bhushan for his tweets criticizing the court and CJI Bobde.
What was Dave going to say during the goodbye?
Dave, in his letter to the CJI, also stated that he could have been prevented from speaking due to fear on the part of the bank that he might say something unpleasant. He went on to highlight what he intended to say at the farewell.
“Let me tell you exactly what I was about to say I wrote: On behalf of the SCBA, the CE, and myself, I wish you, Judge Mishra, happiness and happiness for the rest of your long life, that by all accounts you will be as fruitful and rewarding as it has been. May I pray to Lord Mahabaleshwar to bless him with the strength to introspect and awaken his consciousness? ”The letter said.
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