NEW DELHI: Bar Council of India (BCI) Chairman Manan Kumar Mishra has written to Chief Justice of India D Y Chandrachud voicing considerations a couple of latest open letter from a senior lawyer to the CJI over the itemizing of delicate circumstances pending earlier than the Supreme Court and stated this was an try to create “undue influence” and get “favourable” choices.
On December 6, senior advocate Dushyant Dave wrote an open letter addressed to the CJI, expressing anguish over “certain happenings” associated to the itemizing of circumstances and their reallocation to different benches of the apex courtroom and sought rapid corrective measures. Without naming Dave, the BCI chairman stated makes an attempt made by such letters clearly quantity to contemptuous conduct and a mischief perpetrated to additional ulterior motives and should be tackled with iron arms.
“The letter in query will not be an remoted incident, relatively is a traditional ploy from the handbook which has been tried repeatedly earlier than virtually each Chief Justice of India within the latest previous. Such letters are an extra-judicial mechanism of making undue affect and strain within the functioning of the unbiased judicial system….
“The claims made in the letter are in order to attract cheap publicity without an iota of truth and is completely devoid of any bona-fide purpose,” Mishra wrote in his letter to the CJI. He alleged that the aim behind such letters is to place strain on the judiciary for getting “favourable decisions for their influential clients and interests. Such letters have now become a regular feature almost to the point of staleness and must, therefore, be summarily rejected by Your Lordships”.
“It is our belief that such letters represent no part of the common members of the Bar practising before the courts and the entire Bar stands firmly behind the leadership and the direction of the Hon’ble Chief Justice of India. The tireless efforts of our Chief Justice of India today towards access to justice, towards protecting the interest of young and common advocates and towards rationalising the administration of justice have already started yielding the result,” he wrote.
Mishra requested the CJI to stamp out the “nuisance” that these letters search to create and set an enduring precedent towards such makes an attempt. “The council stands firmly with Your Lordships and requests Your Lordship and the judiciary to stand in one voice against such attempts, which have clearly been made with ulterior motives. Unity is strength and, therefore, on behalf of the entire legal fraternity, the Bar Council expresses its full support to our dynamic, most deserving/competent, bold and impartial Chief Justice of India, Hon’ble Dr D Y Chandrachud. The Bar fully stands with our beloved Chief Justice of India,” he stated.
A day earlier than Dave’s letter, Supreme Court choose Sanjay Kishan Kaul had expressed shock when some attorneys, together with Prashant Bhushan, alleged a sudden deletion from courtroom quantity two’s trigger checklist pleas associated to the Centre’s alleged delay in performing on the collegium’s suggestions on elevation and switch of excessive courtroom judges.
In his letter to the CJI, Dave, a former Supreme Court Bar Association (SCBA) president, had stated he was deeply anguished at sure happenings associated to the itemizing of circumstances by the apex courtroom registry. He had added that some circumstances had been delicate in nature involving “human rights, freedom of speech, democracy and the functioning of statutory and constitutional institutions”.
Dave had expressed remorse that he needed to write the open letter because the efforts of some attorneys to satisfy the CJI personally didn’t yield any outcome.
