A writ petition has been filed in the Supreme Court seeking to withdraw the senior designation of Dushyant Dave for his arguments in the contempt case against Prashan Bhushan.
The petition filed by Sharad Yadav states that Dave made a "run down" on Supreme Court judges by raising "unconnected issues" in the case against Bhushan.
On August 5, during the hearing of the Bhushan's case, Dave had made references to the sexual harassment case against ex-CJI Ranjan Gogoi, and suggested that he got the nomination to Rajya Sabha after retirement for favourable judgments such as Ayodhya, Rafale etc.
Dave had also asked why politically sensitive cases were allotted only to certain judges and why judges like Justice R F Nariman were never given such cases.
'Why Only Certain Judges Get Politically Sensitive Matters?' : Dave Raises Points Of Criticism Against SC In Prashant Bhushan Contempt Case
Dave: You get Rajya Sabha seat and Z plus security..What impression does it give.. Rafale judgement, #Ayodhya judgement, CBI judgement.You give these judgements and have these benefits. These are all serious issues that strike at the core of the judiciary.#RanjanGogoi— Live Law (@LiveLawIndia) August 5, 2020
Dave: You get Rajya Sabha seat and Z plus security..What impression does it give.. Rafale judgement, #Ayodhya judgement, CBI judgement.You give these judgements and have these benefits. These are all serious issues that strike at the core of the judiciary.#RanjanGogoi
Terming these submissions "disproportionate", Yadav submits that Dave's "brashness" led to the demolition of the dignity of the Supreme Court.
"The petitioner feels, except for aggrandisement of self-righteousness and anointing himself as custodian of rectitude and guardian to the conduct of Supreme Court, nothing explains the brashness of Sh. Dave to demolish the dignity of the Supreme Court and create judicial/social disorderliness - impacting the fundamental rights of the petitioner", the plea states.
The petitioner contends that Dave's conduct is inconsistent with the dignity of a Senior Advocate.
"The conduct of Sh.Dave in apparently projecting himself as a vanguard amongst the saviours of Supreme Court's majesty; loathsomely trashes judicial decisions and denigrates judges who are apparently against his choice - certainly inconsistent with the dignity of Senior Advocate designation", the plea adds
Contending that Dave's conduct was "outrageous", the petitioner submits that his senor designation should be recalled so that "an unequivocal message goes to the countrymen, that a person howsoever powerful in his narcissist overdrive can't self-assume authority of being judgmental of the Hon'ble Judges conduct of shoot off statements, vilifying the Supreme Court unless backed by legal foundation of binding precedents".
Dave was making the submissions in the contempt case taken against Prashant Bhushan for two of his tweets which alleged that the CJI was keeping the Supreme Court under lockdown and that four CJIs played a role in Supreme Court leading to the destruction of democracy over past few years.