'Criticism Never Personal', Says Dushyant Dave; 'It's Welcome, Gives Insight To Think', Replies Justice Rastogi

Senior Advocate Dushyant Dave on Wednesday said that his criticism of the judiciary was never personal and added that he loved and respected the institution.

"Let me assure your lordships, it is never meant as personalised criticism. No. I love the institution, I respect it....I speak up whenever I want to", Dave told a bench comprising Justices Ajay Rastogi and Bela M Trivedi. The former President of the Supreme Court Bar Association was appearing in a petition filed by a law intern from Indore seeking bail.

Justice Rastogi responded by saying that fair criticism is always appreciated as it gave insights to the judges to think over.

During the hearing, Justice Rastogi commented that judges examine a matter from their own perception, subject to their Constitutional oath; but others may have a different perception about a case.

"Subject to Constitutional oath, when we look into something, we examine something from our own perception. But everyone has their own perception to examine the same subject and everybody is right in saying, everybody is right in their approach. But that can’t be a ground to say that the other perception is not the demand of the time", Justice Rastogi said.

At this, Senior Advocate Dushyant Dave, for the petitioners in the matter, asked in good humour, "Your lordships are speaking in terms of this matter or something else outside? That I won't be able to defend before Your Lordships. I hold your lordships in great esteem"

Justice Rastogi replied, in a lighter vein, "We don’t have any platforms...."

Addressing Justice Bela Trivedi, also a member of the bench, Mr. Dave said, "My ladyship has known me for the last 44 years. I have my views. I accept, I bow down. But I hold the judiciary in so much of respect and affection. And I always stand up for the judiciary. I love...."

Justice Rastogi continued, "We the people here, except the lawyers, nobody is there to defend. We may be wrong, we may be right, it is very subjective some time, but still, down the line, if the bar doesn't come forward to defend, nobody is there. We can't go to the press, the media. Our request is that it is the lawyers only who can take- whenever there is something wrong in the house, it is always open to correction"

Mr. Dave: "The problem is there is no mechanism where the bar can interact with judges"

Justice Rastogi: "You have been in the profession in the Supreme Court for such a long time. You may lay down....find out modalities"

Mr. Dave: "I only speak to my friends in the corridors from time to time"

Justice Rastogi: "But something is to be done so that there is no communication gap between the two"

Mr. Dave: "Let me assure your lordships, it is never meant as personalised criticism. No. I love the institution, I respect it....I speak up whenever I want to"

Justice Rastogi: "We tell you, we appreciate it....it is welcome....It only gives an insight to think over....whatever we are wrong, we must correct ourselves. This is the way we all work"

As regards the case, Additional Solicitor General KM Nataraj, appearing for the State of Madhya Pradesh, conceded that the law intern can be enlarged on bail. Dave lauded the ASG for being very fair.

At this juncture, Justice Rastogi recalled that during the earlier days, Advocate Generals were brave in making fair concessions and agreeing to them getting recorded in the order.

Dave replied that during his days in the Gujarat High Court, as a State Government counsel, he took independent stand in several TADA cases. This lead to a complaint being made to the then Chief Secretary. "A complaint was made to chief secretary..that why is Mr. Dave doing this, is there something impropriety in his conduct. And the chief secretary said that what he is doing is absolutely right and I defend him", Dave said.