09 May, 2023
'Don't threaten me': Heated argument between the Bench and Counsel over early disposal of matter
Yesterday, senior advocate Dushyant Dave, appearing for the petitioner, asked the bench as to why efforts were being made to settle the matter immediately. He said that another bench headed by Chief Justice DY Chandrachud is hearing the matter of the All India Judges Association, which involves things like promotions, terms and appointments.
A senior lawyer and a senior justice got into a scuffle in the Supreme Court hearing a case related to the appointments of district judges in Gujarat. It even came to the point that the lawyer even warned the Justice not to 'threaten'. In fact, a candidate for the post of District Judge in the apex court had challenged the decision of the Gujarat government and the Gujarat High Court, which had said that seniority should be given priority over merit.
Dave said, 'Why is your Lordship in a hurry to dispose of this matter when the larger case is still pending in Court 1? I am seriously objecting to this. On this, Justice MR Shah said, 'Don't force me to say anything about you at the end of my career. Talk on merit. He replied, 'My lord do not threaten me. I am talking up.' The special thing is that Justice Shah is going to retire on May 15.
What was the matter?
In fact, the petitioner said that merit should be given priority before seniority. It is said that the candidates having lower numbers than the petitioners were appointed. The special thing is that on April 13, the Supreme Court bench had sought answers from the High Court and the Gujarat government in this matter. Whereas, a few days later, the government released the list of promotions, on which the Supreme Court had expressed its displeasure.
This was described as 'unfortunate'. In this matter, a reply was also summoned from the concerned Secretary and the High Court. Justice Shah had said, 'We do not accept such acts, no one can defy this court.' To this, the state government replied that the instructions given earlier by the court in the issued notification were followed. In this case, the court has reserved the interim order.
'Don't threaten me' senior judge and advocate clashed in Supreme Court
Justice MR Shah said, 'Don't force me to say anything about you at the end of my career. Talk on merit. Dave replied, 'My lord don't threaten me. I am keeping my word.
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