Rashid Khan Pathan files Writ Petition at Supreme Court against Sr. Adv. Rajeev Dhavan for smoking during court proceedings
SENIOR ADVOCATE DESIGNATION IS NOT A TICKET TO INSULT THE DIGNITY OF THE COURT
A petition came to be filed by Human Right Activist – Rashid Khan Pathan, against Senior Advocate Rajeev Dhawan for recalling his Senior Advocate designation. Shocked by the conduct of Mr.Dhawan smoking during the course of hearing on disqualification of the 6 BSP MLAs of Rajasthan Assembly – video which went viral; an outright affront within the meaning of Contempt of Courts Act and the Bar Council Rules so far as Advocates Code of Conduct.
The petition cited the ruling of theSupreme Court in the matter of ES Reddi, which gave instructions to the designated Senior Counsel - since the pre-eminence senior counsel enjoy in the profession, they not only carry greater responsibilities but they also are under an obligation to act as a model to the junior members of the profession – smoking during court proceedings, a virtual court, is no exception and the offender is a dispensablerole model, who can’t be let off lightly, and Mr.Dhawan, without being extended any leniency should be visited same punitive action as any other ordinary lawyer would have been subject of having committed the offence of smoking during court proceedings.The offence gets aggravated since Mr.Dhawan, smoking during court proceedings was well aware of the destabilising impact of his bizarre conduct on judicial orderliness. The petition allowances a distinction so far as Mr.Dhawan’s freedom of conduct in his bedroom and confines of privacy, the way he likes, but not he is licensed to soil the gown of Senior Advocate or the Sacred Sanctity of Courts.
The petition furtherhighlights that Senior Advocate designation is not to sit on the authority as a self-pompous Quasi Ombudsman of why certain sensitive cases aren’t allotted to some judges – understandably it is the prerogative of Chief Justice of India who is vested with the authority, so far as assignment or allocation of cases to Judges – not a Senior Advocate by any chance. The petition also narrates earlier instances of misconduct of Mr. Rajeev Dhawan, shouting in the court, rendering, the then Chief Justice of India in exasperation to remark - that the trend of the lawyers raising their voices showed their inadequacy, incompetence and the fact that they are not even eligible to become Seniors.
The petition also avers Senior Advocates viz. Dushyant Dave, Rajeev Dhawan perhaps got themselves oblivion that sort of their outlandish reign existed in ancient Rome and not in an egalitarian society where the Constitution authored by Dr. B. R. Ambedkar has conferred equality before law to all citizens and Senior Advocate/s Dhawan or Dave are no exceptions. Smoking during the court room proceedings perhaps exceeded all limits of decency given the wide spread angry reactions by netizens across. The conduct of Mr.Dhawan has smeared the image of Senior Counsel, the designation isn’t synonymous of being carte blanche, to act pompous and roughshod onto the dignity of Hon’ble Courts –Mr. Rajeev Dhawan should be eased of his Senior Advocate designation – the petition prays.
DOWNLOAD COPY OF WRIT PETITION