
Senior Lawyer Dushyant Dave Addresses Chief Justice Concerning Case Listings
Senior Lawyer Dushyant Dave Addresses Chief Justice Concerning Case Listings
Senior advocate Dushyant Dave has penned a compelling letter to Chief Justice of India DY Chandrachud, revealing deep distress over troubling occurrences in the listing of cases within the Supreme Court. The urgency for corrective actions arises as cases face abrupt reallocation to different benches, unsettling the norms and procedures of the esteemed institution.
Mr. Dave’s open letter follows a surprising revelation by Supreme Court judge Justice S K Kaul, prompted by lawyers like Prashant Bhushan, who alleged the sudden deletion of cases from court number two’s cause list. These cases are crucial, addressing the alleged delay by the Centre in implementing the collegium’s recommendations on the elevation and transfer of high court judges, further intensifying the gravity of the situation.
Challenges in Maintaining Courtroom Integrity
Expressing regret for resorting to an open letter, Mr. Dave details unsuccessful attempts by some lawyers to personally address the matter with the CJI. The letter emphasizes constitutional schemes and rules governing case listings, shedding light on instances where cases have been shifted from their initially assigned benches, often disregarding the seniority of the first coram.
Disruption of Established Practices and Principles
The open letter outlines the disregard of rules, handbooks, and established practices in listing matters before various Hon’ble Benches, notably Court No. 2, 4, 6, 7. Cases are being shifted without consideration for seniority, raising concerns about the erosion of established conventions within the Supreme Court.
Mr. Dave underscores instances shared by fellow Supreme Court lawyers, emphasizing the sensitivity of matters involving human rights, freedom of speech, democracy, and the functioning of statutory and constitutional institutions.
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