SCBA president warns: CJI's yielding to pressure risks judicial independence

SCBA president warns: CJI's yielding to pressure risks judicial independence

On Thursday, the President of the Supreme Court Bar Association, Adish C Aggarwala, has expressed serious concerns regarding a growing trend of sending letters to the Chief Justices of India, aiming to exert undue pressure on the administration of justice. This statement comes in response to a letter from senior advocate Dushyant Dave, which alleged the transfer of sensitive cases between judges.

Aggarwala vehemently disagreed with Dave's assertions, stating that such actions are driven by a desire for publicity, creating discomfort among judges and attracting clients with cases lacking merit. He expressed astonishment at the open letter, deeming it as a "malicious, motivated, and dubious attempt" orchestrated by influential litigants.

The Bar Association President emphasized that, with only a few exceptions, the entire Bar is content with the Chief Justice's leadership in both judicial matters and administration. He warned against succumbing to pressure tactics, asserting that it would compromise the independence of the esteemed institution, falling prey to specific vested interests. Aggarwala argued that these efforts represent self-serving attacks on the judiciary's independence.

Blaming the degradation of the Bar's reputation and the strained relationship between the Bar and the Bench on the misconduct of certain senior counsel, Aggarwala pointed out that despite such behavior, these lawyers continue to benefit by attracting clients seeking to influence court decisions. Similar incidents occurred in 2019 and twice in 2020.

Aggarwala stressed the urgency of putting an end to the practice of sending such letters, stating that it is essential for the best interests of the Bar and the overall administration of justice. He highlighted the need to curb every effort to scandalize court processes with unfounded accusations, emphasizing that these attempts maliciously undermine public confidence in the judicial system.

In response to Dave's letter, dated December 6, which raised concerns about the reshuffling of cases without regard to established rules and procedures, Aggarwala asserted that the allocation of cases is beyond reproach, both in terms of judicial decisions and administrative processes. He concluded by emphasizing the imperative of halting such practices to preserve the integrity of the judicial system.

Also Read: Former SCBA President Dushyant Dave Raises Concerns to CJI Chandrachud Over Handling of Sensitive Cases.

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