SC Says Dave Misinforms People About His Covid-19 Order; Hail closes as amicus | India News
A CJI SA Bobde bank and judges LN Rao and S Ravindra Bhat on Thursday took their word for it on the health emergency caused by Covid-19 and decided to address nationwide ramification issues such as equitable oxygen distribution and transportation, medical equipment and essential drugs. and vaccines on the basis that the HC state approach to this issue could lead to confusion and disruption of supply to other states.
But Dave and other high-level advocates strongly criticized the CS based on the false impression that the CS was going to transfer the HC’s procedures to itself. Dave had also hinted Thursday that the appointment of lead attorney Harish Salve as amicus curiae had to do with him being a friend of the CJI from his school days.
Importantly, Salve recused himself from the matter citing Dave’s accusation. On Friday, the bank confronted Dave: “Is there a single word in our order yesterday about the transfer of the proceedings from HC to SC? You were giving your feedback even before the order was uploaded on the website and neither you even bothered to read the order. Such narratives from high-level advocates, who should protect the institution, will destroy the institution. You (Dave) said that we are the people who are preventing the HCs from going ahead with hearing related matters. with Covid. You are imputing the reason why we are going to stop the HC “.
Dave said he had a genuine perception that the SC was going to transfer HC cases to himself and felt it was wrong. He also said that his perception arose from similar acts of the CS in the past. A generally calm and soft-spoken Judge Bhat also seemed disturbed. He said: “We never said a word and in fact we told the attorney general to inform the HCs about the action plan. The HCs went ahead and heard the matter yesterday. We never paralyzed the HC proceedings. We don’t know what perception that had the process before us yesterday. ”
The bank told Dave, “Please don’t comment on the institution in this way.”
At first, Salve requested the court’s permission to recuse himself as an amicus curiae. He said: “It is a very sensitive issue (the issue of Covid management). The country is going through a very difficult time and the states are divided and accusing each other. At this time, I do not want the CJI to withdraw with an accusation that he had appointed me because of our friendship from our school days. Unlike the United States, where lawyers are divided as attorneys for plaintiffs and defendants, in India, attorneys are divided among those listed in industries and others “.
The bank said: “We are not happy with what the main advocates have said. But we will allow them to recuse.” Attorney General Tushar Mehta intervened and said that he did not want the last day of the CJI in the SC to be a libelous confrontation between members of the bar association. He said that there was a defamatory competition organized by the media, especially the digital media, which spread abuses against the judiciary. The judiciary must one day become aware of it, he added.
Mehta also said that once Salve recused himself, there would be pressure on the next amicus to work in a certain way. “No lawyer will be able to function and fulfill his duties before the court independently,” he added.
However, he requested two days to present the Center’s affidavit on the issues raised by the court on the management of Covid. The court adjourned the hearing to Tuesday.