NEW DELHI: Bar Council of India (BCI) Chairman Manan Kumar Mishra has written to Chief Justice of India D Y Chandrachud voicing considerations a few latest open letter from a senior lawyer to the CJI over the itemizing of delicate instances pending earlier than the Supreme Courtroom and mentioned this was an try to create “undue affect” and get “beneficial” selections.
On December 6, senior advocate Dushyant Dave wrote an open letter addressed to the CJI, expressing anguish over “sure happenings” associated to the itemizing of instances and their reallocation to different benches of the apex court docket and sought fast corrective measures. With out naming Dave, the BCI chairman mentioned makes an attempt made via such letters clearly quantity to contemptuous conduct and a mischief perpetrated to additional ulterior motives and have to be tackled with iron palms.
“The letter in query is just not an remoted incident, somewhat is a basic ploy from the handbook which has been tried again and again earlier than nearly each Chief Justice of India within the latest previous. Such letters are an extra-judicial mechanism of making undue affect and stress within the functioning of the unbiased judicial system….
“The claims made within the letter are so as to appeal to low cost publicity with out an iota of reality and is totally devoid of any bona-fide objective,” Mishra wrote in his letter to the CJI. He alleged that the aim behind such letters is to place stress on the judiciary for getting “beneficial selections for his or her influential purchasers and pursuits. Such letters have now change into a daily characteristic nearly to the purpose of staleness and should, due to this fact, be summarily rejected by Your Lordships”.
“It’s our perception that such letters characterize no a part of the widespread members of the Bar practising earlier than the courts and the complete Bar stands firmly behind the management and the course of the Hon’ble Chief Justice of India. The tireless efforts of our Chief Justice of India right this moment in direction of entry to justice, in direction of defending the curiosity of younger and customary advocates and in direction of rationalising the administration of justice have already began yielding the outcome,” he wrote.
Mishra requested the CJI to stamp out the “nuisance” that these letters search to create and set a long-lasting precedent towards such makes an attempt. “The council stands firmly with Your Lordships and requests Your Lordship and the judiciary to face in a single voice towards such makes an attempt, which have clearly been made with ulterior motives. Unity is power and, due to this fact, on behalf of the complete authorized fraternity, the Bar Council expresses its full assist to our dynamic, most deserving/competent, daring and neutral Chief Justice of India, Hon’ble Dr D Y Chandrachud. The Bar absolutely stands with our beloved Chief Justice of India,” he mentioned.
A day earlier than Dave’s letter, Supreme Courtroom choose Sanjay Kishan Kaul had expressed shock when some legal professionals, together with Prashant Bhushan, alleged a sudden deletion from court docket quantity two’s trigger listing pleas associated to the Centre’s alleged delay in performing on the collegium’s suggestions on elevation and switch of excessive court docket judges.
In his letter to the CJI, Dave, a former Supreme Courtroom Bar Affiliation (SCBA) president, had mentioned he was deeply anguished at sure happenings associated to the itemizing of instances by the apex court docket registry. He had added that some instances have been delicate in nature involving “human rights, freedom of speech, democracy and the functioning of statutory and constitutional establishments”.
Dave had expressed remorse that he needed to write the open letter because the efforts of some legal professionals to satisfy the CJI personally didn’t yield any outcome.
