Dushyant Dave Calls PMLA Powers 'Open State Terrorism', Says Judges Sit As Mute Spectators Even As People's Rights Get Violated
During an interview with Senior Advocate Kapil Sibal, Dushyant Dave, former senior advocate who quit the legal profession being "disillusioned" by the system's failings, recently equated the powers under the Prevention of Money Laundering Act to "open State terrorism".
He lamented that despite clear violation of people's rights under the law, contemporary judges sit back as "mute spectators" and fail to pass appropriate orders.
"The kind of power Enforcement Directorate wields today is shocking. It is nothing but, I would say, open State terrorism. And the judges are sitting as mute spectators. They have no respect for people's rights. They don't want to protect them" Dave said.
Among other things, he was also critical of the Supreme Court over the failure to address allegations related to Electoral Bonds when the Court was presented with examples by Advocate Prashant Bhushan, despite having first come out strongly against the EB scheme and striking it down.
"Supreme Court grave a great judgment (against Electoral Bonds) that this is all wrong...great Chief Justice...but when Prashant Bhushan went with examples and said initiate criminal action, the same judge said no." Dave said to Sibal.
He spoke vociferously on other aspects as well, including the 'Master of the Roster' system and the appointment of government lawyers having become a political matter.
From his nascent years of practice, Dave remembered Late Mr. Jayant Thakur, who was the longest serving Advocate General for Gujarat. He lauded Mr Thakur's independence and objectivity in government matters. Contrasting with today's situation, Dave said that Mr Thakur never whispered a word about a matter to any judge or defended any "inexcusable" cause.
"Today, the law officers, from the highest Attorney General to Advocate Generals to the youngest of the government lawyers, they defend government decisions as if they are gospel truth! And indefensible decisions are being supported by them in open Court. That is something which is really shocking. You are a representative of the people, not the government. You may have a nomenclature 'government lawyer', but actually you are supposed to uphold the Constitution and defend...", Dave remarked.
Further, he opined that the "falling standards of judiciary" are owed to bad appointments (under the Collegium system), the master of the roster system, and influence of the Executive on the judiciary.
"Things have now gone beyond repair and it is really very sad that there is no awakening within the system. No Chief Justice in last 25 years has decided to go into the problems facing the judiciary and the resultant non-delivery of justice to a common man. Nobody wants to seriously sit and introspect about it. Nobody has feelings for a common man. Now that is something beyond repair", Dave regretted.
The interview can be watched here.