I Will Happily Contest This Notice To Prove That I Was Right And BCI Is Wrong: Dave On BCI’s Notice

In response to the Bar Council of India’s show-cause notice , Senior Advocate Dushyant Dave said “I will happily contest this notice to prove that I was right and BCI is wrong”

Mr. Dave told LiveLaw;

“I haven’t still got the notice and not read it. But what I said on NDTV last night is the truth. It is a matter of concern for all in legal system and nation that such conduct of Judges goes unchecked. In fact BCI should have opposed Justice Deepak Misra’s appointment to the highest judicial office to which only the best and non controversial person can be appointed. The allegations against him were serious and those holding Constitutional offices should have been conscious and not appointed him. These allegations are not even being investigated but are suppressed from the Nation. I have nothing personal against him but it worries me as a Citizen and a Lawyer that with such background, the Executive is bound to exploit the situation especially when the SC today has to deal with highly political matters of far reaching consequence. BCI, by doing this gives an opportunity to bring on fore what should have been debated by Nation earlier. Advocates Act gives no such power to BCI, a body which has not held elections for years under some pretext and Mr. Mishra continues to occupy the position as Chairman unduly. I will happily contest this notice to prove that I was right and BCI is wrong.”

Mr. Dave was issued the notice for his “derogatory comments and reckless remarks against the Chief Justice of India and the collegium”. He has been asked to file a response within four weeks.

In the meantime, the Supreme Court Bar Association (SCBA) has also taken serious objection to Mr. Dave’s remarks, opining that the remarks were “baseless, scandalous and irresponsible”. The press release by SCBA says:

 “The topic of discussion was the resignation by Justice Jayant Patel of the Karnataka High Court. Mr. Dave participating in the said programme made statements without any basis against Hon’ble the Chief Justice of India making wild personal allegations. The statement made by Mr. Dave clearly amounts to denigrating the dignity and prestige of the Supreme Court of India and the entire legal fraternity.

We accordingly condemn the scurrilous and baseless personal attack made by Mr. Dave on the head of the Institution. He has been in the habit of targeting successive Chief Justices in recent past without any basis.”

The SCBA also expressed serious reservation and concern with regard to the transfer, followed by resignation of Justice Jayant Patel.

The remarks were made in response to Justice Jayant M. Patel’s resignation earlier this week, allegedly to protest his non-elevation as the Chief Justice of any High Court despite his seniority. While the issue of Justice Patel’s elevation has been brought up several times in the past, the final stroke seems to have been his transfer to Allahabad High Court, where he was to be the third senior-most Judge.

Participating in a discussion during the programme “Left, Right and Centre” on NDTV 24X7 on Wednesday, Mr. Dave had minced no words while condemning not just Justice Patel’s transfer but also the functioning of the collegium system of judicial appointments as a whole.

He had said:

“Collegium has been making thunderous sounds about independence of judiciary. They wrested control of judicial appointments from executive under the garb of freeing the judiciary from political interference, but that is precisely what is happening today.

It is the darkest day in Indian judiciary. I did not expect much from the Hon’ble Chief Justice since he is compromised because of serious allegations against him in the Kalikho Pul suicide note and the CBI case pending against him. But the four other Collegium members are outstanding, and men of absolute integrity and I have great respect. So I am terribly shocked that this decision has been taken.”