(senior-advocate)

Clash between Supreme Court Justice and Senior Advocate(senior-advocate)

New Delhi. During a hearing in the Supreme Court on a case related to the appointment and promotion of district judges in Gujarat, a heated argument was witnessed on Monday between Justice MR Shah and senior advocate (senior-advocate) Dushyant Dave.

In fact, Dushyant Dave raised the question during the hearing of the matter before a two-member bench of Justices Shah and CT Ravikumar that when another bench headed by Chief Justice DY Chandrachud had already issued an all-India notification relating to such promotions, service conditions and appointments. The judge is hearing the union’s petition, then why is the bench of Justice Shah and Justice Ravikumar showing readiness to settle the matter?

‘Don’t force me to say anything’
According to a report in court cases news website Bar & Bench, Dave told the two-judge bench, “Why is my lordship in a hurry to settle this when the court is considering 1 major case?” I seriously object.

On this argument of Dave, Justice Shah said in a slightly stern tone, ‘At the end of my career, don’t force me to say anything about you. Argue on the merits (of the case).

Dushyant Dave looked angry on this and said, ‘My Lord, don’t threaten me. I am saying my talks.’

What is the whole matter?
Explain that the Gujarat Government and the Gujarat High Court had decided to make appointments to the posts of District Judges on the basis of merit-cum-seniority, against which the candidates for the posts of District Judges had filed a petition in the Supreme Court. A bench of Justice Shah and Justice Ravikumar was hearing the same petition, where Dave was representing a private respondent.

The petitioners argued that according to the prevailing principle here, merit should be taken as the basis before seniority. It also stated that candidates having very low marks as compared to the petitioners have been appointed.