'Malicious, calculated to embarrass': SCBA president on letter to CJI alleging shifting of cases in SC

President Supreme Court Bar Association Adish C Aggarwala has criticised the open letter written by senior advocate Dushyant Dave to CJI D Y Chandrachud over the shifting of sensitive cases from one bench to another. Reports ETV Bharat's Sumit Saxena.

New Delhi:The Supreme Court Bar Association President Adish C Aggarwala on Thursday expressed "utter shock" over an open letter written by senior advocate Dushyant Dave to Chief Justice of India D Y Chandrachud over shifting of sensitive cases from one bench to another, saying that “the writing of such letters is therefore malicious, and calculated to embarrass the administration”.

Aggarwala referred to similar attempts made in the past in the year 2019, 2020 and again in 2020. Aggarwala, in a letter to the CJI, said the administration cannot waste its precious time entertaining every letter making wild and imaginary accusations. “The writing of such letters is therefore malicious and calculated to embarrass the Administration. The time has come where one should put an end to the practice of writing such letters. This will subserve the interest of the Bar and will strengthen the Administration of Justice”, said Aggarwala.

"Of late, there has been a growing tendency of writing such letters to sitting Chief Justices of India to exert undue pressure on the administration of justice," he said. Aggarwala said the entire Bar, except a few individuals, is fully satisfied with the leadership of the CJI, both on the judicial side as well as on the administrative side. "If the Chief Justice of India succumbs to such pressure tactics, it would sound a death knell to the independence of this great institution at the hands of certain vested interests," he said.

Requesting the CJI and other Supreme Court judges to ignore the letter, Aggarwala said these attempts were "nothing but self-serving attacks on the independence of the judiciary". Aggarwala said: “The Bar also requests Your Lordship to ignore these attempts which are nothing but self-serving attacks on the independence of the judiciary. The Bar has full faith and reposes full confidence in the neutrality and unprecedented administrative skill of Your Lordship and other Hon’ble companion Judges as a result of which the administration of justice”.

On December 6, Dave, former SCBA president expressed anguish over the shifting of some sensitive matters involving human rights, freedom of speech, democracy, and functioning of statutory and constitutional institutions, from one bench to another bench of the Supreme Court. Dave claimed shifting out of such cases was in clear disregard of the Rules, the Handbook on Practice and Office Procedure, and established Practice and Convention.