Senior Advocate Dushyant Dave believes that the Supreme Court is afraid to fight the government one-on-one. This is the reason why the power of contempt has never been used in the matter of judicial appointments since 1993. Until the Supreme Court does not retaliate against the government, government interference will continue in its jurisdiction.

Dave said, "If the government is interfering, there is every responsibility on the part of the judiciary to strike back. Judiciary cannot say that there is an executive interference and hence we cannot do anything. Judiciary must stand up. That will has to come up within"

In a seminar organized by Campaign for Judicial Accountability and Reforms (CJAR), Mr. Dave highlighted the helplessness of the Supreme Court by mentioning Justice Muralidhar. He said that Justice Muralidhar is a man of great understanding. Everyone is aware of his knowledge in legal matters. His place should have been in the Supreme Court. But the government stuck its leg and they are still yearning for a good High Court.

He said, "The Collegium system is in place. The judgement of the Supreme Court is law of land. Yet, there are judges like Akhil Kureshi, Justice Jayant Patel, Justice Muralidhar and many such examples including (Senior Advocate Aditya) Sondhi, who are suffering beyond repair. And who is the loser? The nation the public interest."

Dushyant Dave said that the judiciary is full of judges who do not know much about the law. They don't even have the commitment that is needed for the judiciary. Dave said that Ex CJI UU Lalit, Justice MB Lokur, Deepak Gupta have been the best judges India has ever had. But all these people are part of an endangered species. He said that the collegium system has failed to bring out the best judges. If this had happened. Justice Muralidhar, Justice Akhil Kureshi would have been adding glory to the Supreme Court. He says that the Supreme Court has surrendered to the government in all these matters.

He said, "I mean it with greatest respect to Chief Justice Lalit, Justice Lokur, Justice Gupta - whom I regard as the finest judges that I have seen in my career of 44 years. But they're exceptions. They're a dying species. We have a large number of judges who are highly questionable. They either lack expertise, knowledge, most of all the commitment."

Senior Advocate said that the people of India are peace-loving. While looking at Israel and Pakistan, there is no such situation there. When the Prime Minister of Israel tried to encroach on the judiciary, people came out on the streets. The government had to go on the back foot. Even in Pakistan, when General Pervez Musharraf tried to control the Judiciary, Bar and others pushed him on the back foot. He said that neither the bar nor the people in India are serious about the independence of the judiciary.

He said that today the government is interfering in the judiciary on a large scale. What is happening today also happened during the time of Mrs. India Gandhi. Even then the judiciary was weakened. But today the need of the hour is that the Supreme Court will have to retaliate against the government. Contempt is its best weapon. Let the court use it.

He said, "There is no doubt that today like Mrs Gandhi, Prime Minister Modi is an extremely powerful leader. Naturally, every powerful leader would want to perpetuate his power. He doesn't want judiciary asking him any questions about how his policies are, how his government's actions are. But the judiciary’s role is to question them. Look at the kind of comments the Law Minister, Vice President have been making about collegium."