Dave: "We have serious reservations that your lordships have not taken cognizance suo motu, or on the initiation of AG or SG"
Dave raises questions on how the matter came on the judicial side. We have no way of ascertaining.
Mishra J informs that it was placed on the administrative side as per Dooda. "CJI could not come to a decision, hence it was placed before Ramana J on the administrative side. Ramana J decided that this matter should be brought to the judicial side, therefore it came before all of us"
Bench stresses on Dooda Judgment. Dave says as far as suo motu contempt is concerned Dooda is fine, but there's an error as AG didn't sign it
Mishra J- The verdict says it cannot be placed directly before the Bench, therefore it has to be placed on the administrative side
Dave- But you must see the Rules of the Court. The Petition cannot be touched because of defect
Dave: Once the Petition is filed by citizen, and there were defects insofar as AG did not sign it, the Registry could not have touched the Petition. That's the error.
Mishra J: What makes you say that? Have you seen Dooda judgment?
Mishra J asks Dave to continue.
Dave: Without AG's permission, the petition could not have been placed before you on the administrative side.
Your lordships must take suo motu cognizance on your own, not that someone brings it to you like this.
Dave refers to the landmark "Antulay judgment"
"This is a very serious matter against Mr. Bhushan, and I urge your lordships to give it a detailed consideration. It's a serious matter of someone's liberty
Dave: In the interest of Justice, we request item 17 be placed before another Bench.
Mishra J refuses to allow it.
"We are not obliging you on that"
Senior Advocate Dushyant Dave for Bhushan
"I have a prayer for your consideration. We are questioning Registrar General placing the complaint before the administrative side"