Contrary to popular perception, Sh.
Dushyant Dave, as in numerous news-items, speeches in public forum is
introduced as Senior Advocate of Supreme Court is in conflict to the factual position,
that he is a designated Senior Advocate of Gujarat High
Court, practising before the Supreme Court.
Sh. Sharad Yadav, few days back had filed a
writ petition against Sh. Dave in the Supreme Court seeking recall of his
Senior Advocate designation, promptedby the popular belief and reference to
various news portals, referring Sh. Dave as a designated Senior Advocate of
Supreme Court. However,after filing the petition, some advocates came forward
to inform Sh. Yadav, that Sh. Dave is designated as Senior Advocate by Gujarat
High Court & not Supreme Court as opposed to the popular perception, the misrepresentation which Sh. Dave too
never tended to correct, though as a measure of probity was morally obligated
to do so, in fact by way of omission Sh. Dave acquiesced the incorrect
awareness.
To avoid any confusion, Senior Advocates
designated by Supreme Court as a matter of convention, suffix their name as
‘Senior Advocate, Supreme Court’ as against Advocates designated by High
Courts, suffix their name with only ‘Senior Advocate’ and at-times add the name
of the High Court, which conferred the Senior Advocate designation.
Rewinding back, on 5th Aug,
2020, Sh. Dave, while arguing contempt petition of Sh. Prashant Bhushan, let
loose himself of vitriol,browbeating the Hon’ble Judges proffering artifices,
in accusing Ex-Chief Justice Sh. Ranjan Gogoi, of being a judge in his own case
in the matter of sexual harassment complaint against him, andhis judgments in
Rafale, Ayodhaya etc…outright extraneous to the issue of contempt proceedings
against Sh. PrashantBhushan. Sh. Dave’s self-aggrandisement went into an unprecedented
course in his acting as a proxy for Justice Rohinton Nariman, questioning the
bench as to why is Justice Narimanis kept out of politically sensitive cases –
Sh. Dave’s raising of extraneous issues were nothing except for embarrassing
the top-court, un-behoving of a senior advocate designation who not only is to
exhibit poise and restraint but to conduct to the grace of the senior advocate
designation, which was shredded to smithereens by Sh. Dave, prompting Sh. Yadav
to file writ petition in seeking recall of Sh. Dave’s Senior Advocate
designation; but since Sh. Dave is designated by Gujarat High Court, an IA came
to be filed in seeking to withdraw the petition from Supreme Court with
appropriate liberty to file before Gujarat High Court. Given Sh. Dave’s openly
extolling Justice Nariman of comparative greater accolades of excellence
vis-à-vis other judges is utter embarrassment to other Hon’ble Judges.The IA
also seeks direction, that Sh. Dave be directed not to appear before the bench
of Justice Nariman, to avoid any wrong notion being created amongst general
public.
Download Copy Of IA
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